El Cerrito City Council
October 15, 2024

WHEREAS, on March 18, 2015, the Planning Commission denied the appeal and upheld the Design Review Board’s design review approval of this project (Resolution PC15-02); and WHEREAS, on March 26, 2015, Howdy Goudey and Robin Mitchell filed an appeal of the Planning Commission approval of the design review application; and WHEREAS, on May 19, 2015, the City Council denied the appeal and upheld the Planning Commission’s design review approval of the project (Resolution 2015-40); and WHEREAS, on March 11, 2021, Thompson Development submitted an application for a Tentative Subdivision Map; and
WHEREAS, on March 30, 2023, Thompson Development submitted a letter authorizing Harmeet Anand and S & H Incorporated to assume ownership of this Tentative Subdivision Map application as the new property owner of the project site; and
WHEREAS, on March 20, 2024, the Planning Commission, after due consideration of all evidence and reports offered for review does find and determine the following:

Government Code Section 66473.5

1. In 2014, the City Council approved a Planned Development Use Permit (Resolution 2014-45); adopted an Initial Study and Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (Resolution 2014-44); rezoned the project site to a Planned Development zoning district (Ordinance 2014-03); and approved a Development Agreement (Ordinance 2014-04) for the project.

On May 19, 2015, the City Council granted design review approval of the project (Resolution 2015- 40). Through these actions, the City Council determined that the overall project is consistent with the El Cerrito General Plan. The project will implement the following standards of the General Plan:

LU1.2: Multifamily Neighborhoods, LU1.3: Quality of Development, LU1.5: Suitable Housing, LU1.7:

Maximum Density, CD1.3: High-Quality Design, CD1.9: Building Design, CD2.1: Street Frontages, CD3.2: Usable Open Space, CD3.3: Site Landscaping, CD4.2: Building Articulation, and CD5.1: Design Review Process. Approval of this Tentative Parcel Map will permit the creation of condominium housing units consistent with the prior approvals for the project and is therefore consistent with the El Cerrito General Plan.

El Cerrito Municipal Code Section 18.12.100

2. A In 2014, the City Council approved a Planned Development Use Permit (Resolution 2014-45); adopted an Initial Study and Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (Resolution 2014-44); rezoned the project site to a Planned Development zoning district (Ordinance 2014-03); and approved a Development Agreement (Ordinance 2014-04) for the project. On May 19, 2015, the City Council granted design review approval of the project (Resolution 2015-40). Through these actions, the City Council determined that the overall project was consistent with the El Cerrito General Plan and the El Cerrito Zoning Ordinance, through the rezoning and the Planned Development Use Permit process. The proposed Tentative Subdivision Map will allow for the creation of 14 condominium residential units within a multifamily residential building and the creation of one commercial condominium unit within a separate structure on the parcel. The map is therefore consistent with the El Cerrito Zoning Ordinance and the El Cerrito General Plan.

3. The project is required to pay applicable impact fees to the West Contra Costa Unified School District to finance improvements to school facilities. Pursuant to Section 5.6 of the Development Agreement adopted by the City Council (Ordinance 2014-04), the applicant agreed to lease the existing house on 













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the property to the City for 99 years for a total rent of $1 for use as a museum, an art studio, offices, or similar community center type uses that are conditionally permitted in the underlying RM Zoning District. In addition, Section 5.7 and 5.8 of the Development Agreement require the applicant to provide and maintain an oval open space area in front of the relocated existing house as Publicly Accessible Open Space. This open space shall be open to the public Monday through Saturday between 10:00 a.m. and 5:00 p.m.

4. The use of the site as multi-family residential and community center type use for the existing house are permitted and conditionally permitted uses, respectively, under the underlying RM zoning district and the Planned Development (PD) zoning district approved for the site and are consistent with the intent of both the underlying RM zoning district and the approved PD for this project site.

El Cerrito Municipal Code Section 19.44.050

5. The proposed tentative subdivision map application complies with all requirements in El Cerrito Municipal Code Section 19.44.040 including but not limited to requirements for ground fault circuit interrupters, fire prevention, sound transmission, utility metering, and private and common open space. The project complies with all provisions of El Cerrito Municipal Code Chapter 19.44.

6. In 2014, the City Council approved a Planned Development Use Permit (Resolution 2014-45); adopted an Initial Study and Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (Resolution 2014-44); rezoned the project site to a Planned Development zoning district (Ordinance 2014-03); and approved a Development Agreement (Ordinance 2014-04) for the project.

On May 19, 2015, the City Council granted design review approval of the project (Resolution 2015- 40). Through these actions, the City Council determined that the overall project is consistent with the El Cerrito General Plan. There are not any applicable specific plans for the project.

7. In 2014, the City Council approved a Planned Development Use Permit (Resolution 2014-45); adopted an Initial Study and Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (Resolution 2014-44); rezoned the project site to a Planned Development zoning district (Ordinance 2014-03); and approved a Development Agreement (Ordinance 2014-04) for the project.

On May 19, 2015, the City Council granted design review approval of the project (Resolution 2015- 40). Through these actions, the City Council determined that the overall project is consistent with the El Cerrito Municipal Code. The proposed tentative subdivision map will implement the Planned Development zoning designation and the Development Agreement adopted through the processes established in the Municipal Code.

8. An Initial Study and Mitigate Negative Declaration (MND) pursuant to the California Environmental Quality Act (CEQA) was certified by the City Council on August 19, 2014. Impacts identified in the Initial Study and Mitigated Negative Declaration as “Environmental Factors Potentially Affected” included: hazard and hazardous materials, utilities/service systems, cultural resources, hydrology/water quality, noise, air quality and geology. All factors are reduced to a less than significant level pursuant to the California Environmental Quality Act with the implementation of mitigation measures. In addition, the project complies with the maximum allowable density of 35 units per acre for the General Plan designation of High Density Residential. The project also includes measures to protect the creek on the project site and the California Department of Fish and Wildlife (CDFW) issued a Streambed Alteration Agreement for the project to install a new concrete headwall at the downstream end of the existing channel, remove two pedestrian bridges, and install a new pedestrian bridge on April 17, 2014.

9. The proposed Tentative Subdivision Map would create fourteen residential condominium units within a multifamily residential building and to create one commercial condominium unit within a separate 













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structure on the parcel. The proposed multifamily residential building on the project site includes a driveway that connects to a ground level parking garage. The driveway was reviewed by relevant City departments prior to the project receiving design review approval from the City Council in 2015. The existing parcel has adequate and safe access to Elm Street for both vehicles and pedestrians.

10. An Initial Study and Mitigated Negative Declaration (MND) pursuant to the California Environmental Quality Act (CEQA) was certified by the City Council on August 19, 2014. Impacts identified in the Initial Study and Mitigated Negative Declaration as “Environmental Factors Potentially Affected” included: hazard and hazardous materials, utilities/service systems, cultural resources, hydrology/water quality, noise, air quality and geology. All factors are reduced to a less than significant level pursuant to the California Environmental Quality Act with the implementation of mitigation measures.

NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of maps, facts, exhibits, correspondence, and testimony, and other evidence submitted in this matter, and, in consideration of the findings, the El Cerrito Planning Commission hereby approves Application No. PL21-0053, subject to the following conditions:

Planning Division:

1. Any and all Final Maps shall be developed and recorded consistent with the plans dated February 28, 2024. Minor changes may be approved by the Zoning Administrator. All improvements shall be installed in accordance with these approvals. Once constructed or installed, all improvements shall be maintained as approved.

2. If Applicant constructs buildings or makes improvements in accordance with these approvals, but fails to comply with any of the Conditions of Approval or limitations set forth in these Conditions of Approval and does not cure any such failure within a reasonable time after notice from the City of El Cerrito, then such failure shall be cause for nonissuance of a certificate of occupancy, revocation or modification of these approvals or any other remedies available to the City.

3. These Conditions of Approval shall apply to any successor in interest in the property and Applicant shall be responsible for assuring that the successor in interest is informed of the terms and conditions of this approval.

4. If not exercised, this Tentative Subdivision Map approval shall expire two years from the date of this action.

5. If any units in the project are rented prior to being offered for sale, prior to the conversion of rental units to for-sale units, the then-owner of the property shall comply with all provisions of Chapter

19.45 of the El Cerrito Municipal Code (Condominium Conversions), except that a use permit and tentative and final map shall not be required. For the purposes of this condition, “conversion of rental units to for-sale units” means the sale of the first rental unit as a condominium. This condition of approval shall be documented in a manner satisfactory to the City Attorney to ensure that any future owner of the property receives notice of the requirement.

6. Prior to issuance of certificate of occupancy, the applicant shall comply with inclusionary housing requirements contained in Chapter 19.30 of the El Cerrito Municipal Code.

7. Prior to issuance of a Certificate of Occupancy, the requirements in ECMC Chapter 16.16 – Uniform Building Security Code shall be addressed to the satisfaction of the City’s Building Division. 













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8. Prior to issuance of a Certificate of Occupancy, provide a draft declaration of Covenants, Conditions and Restrictions (CC&Rs) which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to: the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; description of a provision for maintenance of all vehicular access areas within the project; an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit; a plan for equitable sharing of communal water metering. The following shall be included as CC&Rs as well:
a. The relocated structure commercial condominium unit is subject to the following limitations on use: Any future use of the historic building located on site shall be as a museum, art studio or offices, which are all uses seen in community centers. The hours of operation shall not exceed 10:00 am to 5:00 pm, Monday through Saturday. Any event held at subject property beyond the stipulated hours of operation shall be required to receive a Temporary Use Permit and requires the approval of the Home Owners Association of 1715 Elm Street (City Council Resolution No. 2014-45, Condition of Approval No. 21).
b. The private open space in front of the historic building shall be available for public use for the same hours as stipulated for the historic structure. Any trash or damage to the open space generated by the users of the house shall be remediated by the users, not the future Home Owners Association (City Council Resolution No. 2014-45, Condition of Approval No. 22).

9. The project is subject to the conditions of approval in City Council Resolution No. 2014-45, denying an appeal and upholding the Planning Commission’s approval of the Planned Development use permit.

10. The project is subject to the development agreement terms in City Council Resolution No. 2014-04, including but not limited to provisions relating to the improvement and use of the historic house and the Publicly Accessible Open Space in front of the historic house.

11. The project is subject to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program adopted in City Council Resolution No. 2014-44.

12. The applicant shall adhere to the conditions of the Project’s CWA Section 401 Water Quality Certification and Order (WDID No. 2CW395112), issued by the San Francisco Bay Regional Water Quality Control Board.

13. The applicant shall adhere to the conditions of the Project’s CWA Section 404 Nationwide Permit authorization (Corps File No. 2014-00041S), issued by the Army Corps of Engineers.

14. The applicant shall adhere to the requirements included in the February 6, 2020, Streambed Alteration Agreement (SAA), Notification Number 1600-2019-0329-R3, issued by the California Department of Fish and Wildlife (CDFW).














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Public Works Department:

15. Prior to issuance of a certificate of occupancy, a sidewalk easement will need to be acquired for the proposed sidewalk behind the driveway curb cut to allow for public access on private property.

CERTIFICATION
I certify that this resolution was adopted by the El Cerrito Design Review Board at a regular meeting held on March 20, 2024, upon motion of Commissioner Mendez, second by Commissioner Hamilton:

AYES: Gillett, Hamilton, Mendez, Singh
NOES: None
ABSTAIN: None
ABSENT: None
_________________________
Sean Moss, AICP
Planning Manager














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Planning Commission Resolution PC2024-12
APPLICATION NO. PL24-0033

A RESOLUTION OF THE CITY OF EL CERRITO PLANNING COMMISSION VERIFYING CONFORMANCE

WITH AN APPROVED TENTATIVE SUBDIVISION AND RECOMMENDING CITY COUNCIL APPROVAL OF

A FINAL SUBDIVISION MAP TO CREATE FOURTEEN CONDOMINIUM RESIDENTIAL UNITS WITHIN A

MULTIFAMILY RESIDENTIAL BUILDING AND TO CREATE ONE COMMERCIAL CONDOMINIUM UNIT WITHIN A SEPARATE STRUCTURE AT 1715 ELM STREET
WHEREAS, the site is located at 1715 Elm Street; and
WHEREAS, the existing Assessor’s Parcel Number of the site is 502-112-038; and WHEREAS, the General Plan land use classification of the site is High Density Residential; and WHEREAS, the zoning district of the site is RM-PD (Multi-family Residential – Planned Development); and
WHEREAS, in 2005, the Edward and Loretta Biggs Revocable Trust submitted a development application to construct a multifamily residential building with 14 residential units and to relocate and renovate the existing house at 1715 Elm Street (Planning Application No. 6133) that included requests to rezone the property to PD (Planned Development); a Planned Development Use Permit; Design Review; and a Development Agreement; and
WHEREAS, on April 16, 2014, the Planning Commission adopted an Initial Study and Mitigated Negative Declaration (Resolution PC14-06) and approved the Planned Development Use Permit for the project (Resolution PC14-07) including relief of Zoning Ordinance requirements for setbacks from property line and creek, maximum building height, and minimum vehicle parking spaces; and WHEREAS, on April 17, 2014, the California Department of Fish and Wildlife (CDFW) issued a Streambed Alteration Agreement for the project to install a new concrete headwall at the downstream end of the existing channel, remove two pedestrian bridges, and install a new pedestrian bridge; and
WHEREAS, on April 28, 2014, Howdy Goudey, Robin Mitchell, Jason Hasley, Keystone Montessori School, Linda Shehabi, Dan & Henia Pines and Julia Lucia filed an appeal of the Planning Commission’s Planned Development Use Permit approval for the project; and WHEREAS, on September 12, 2014, the City Council denied the appeal and upheld the Planning Commission’s approval of the Planned Development Use Permit (Resolution 2014-45); and WHEREAS, an Initial Study and Mitigate Negative Declaration (MND) pursuant to the California Environmental Quality Act (CEQA) was approved by the Planning Commission on April 16, 2014, and by the City Council on August 19, 2014; and
WHEREAS, on October 7, 2014, the City Council rezoned 1715 Elm Street to a Planned Development zoning district (Ordinance 2014-03) and approved a Development Agreement (Ordinance 2014-04) for the project); and










 



Agenda Item No. 8.A.

Attachment 4
Agenda Packet Page 136 of 191

WHEREAS, on January 7, 2015, the Design Review Board granted design review approval of the project; and
WHEREAS, on January 20, 2015, Howdy Goudey and Robin Mitchell filed an appeal of the Design Review Board approval of the design review application; and WHEREAS, on March 18, 2015, the Planning Commission denied the appeal and upheld the Design Review Board’s design review approval of this project (Resolution PC15-02); and WHEREAS, on March 26, 2015, Howdy Goudey and Robin Mitchell filed an appeal of the Planning Commission approval of the design review application; and WHEREAS, on May 19, 2015, the City Council denied the appeal and upheld the Planning Commission’s design review approval of the project (Resolution 2015-40); and WHEREAS, on September 17, 2019, the City Council adopted Ordinance 2019-08 approving an amendment to the Development Agreement that extended the Development Agreement for 5 years, to November 1, 2024, and required the project to comply with El Cerrito Municipal Code Chapter

19.30 (Inclusionary Zoning); and
WHEREAS, on March 11, 2021, Thompson Development submitted an application for a Tentative Subdivision Map to create fourteen condominium residential units within a multifamily residential building and to create one commercial condominium unit within a separate structure; and
WHEREAS, on March 30, 2023, Thompson Development submitted a letter authorizing Harmeet Anand and S&H Incorporated to assume ownership of this Tentative Subdivision Map application as the new property owner of the project site; and WHEREAS, on March 20, 2024, the Planning Commission approved the Tentative Subdivision Map; and
WHEREAS, the project is statutorily exempt from review under the California Environmental Quality Act pursuant to Section 15268(b)(3) an Initial Study and Mitigate Negative Declaration (MND) pursuant to the California Environmental Quality Act (CEQA) was approved by the Planning Commission on April 16, 2014, and by the City Council on August 19, 2014 for the development project associated with the Final Subdivision Map; and
WHEREAS, approval of the Final Subdivision Map is governed by Sections 66444 – 66450 of the State of California Government Code (Subdivision Map Act) and Title 18, Divisions of Land, of the El Cerrito Municipal Code; and
WHEREAS, the staff report includes facts determining that the Final Map is in conformity with the requirements of Title 18 of the El Cerrito Municipal Code; further, it conforms with the Tentative Subdivision Map, including all changes permitted and all requirements imposed as a condition to its acceptance; and










 



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WHEREAS, the Final Subdivision Map is consistent with the Zoning Ordinance, General Plan, and San Pablo Avenue Specific Plan of the City of El Cerrito; and WHEREAS, on September 18, 2024, the Planning Commission of El Cerrito, after due consideration of all evidence and reports offered for review, does find and determine the following:

1. The Final Subdivision Map and its attachments are found to be in conformance with the Tentative Subdivision Map.

2. The project is consistent with the El Cerrito General Plan and will implement the following policies of the General Plan: LU1.2, LU1.3, LU1.5, LU1.7, CD1.3, CD1.9, CD2.1, CD3.2, CD3.3, CD4.2, CD5.1, and H1.6.

3. Approval of the Final Subdivision Map would allow the creation to create fourteen condominium residential units within a multifamily residential building and to create one commercial condominium unit within a separate structure and the proposal is consistent with the purposes of the RM district where it is located and conforms in all significant respects with the El Cerrito General Plan.

NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of maps, facts, exhibits, correspondence, and testimony, and other evidence submitted in this matter, and, in consideration of the findings, the El Cerrito Planning Commission hereby finds the Final Subdivision Map is in conformity with the requirements of Title 18 of the El Cerrito Municipal Code in that it conforms with the Tentative Subdivision Map including all changes permitted and all requirements imposed as a condition to its acceptance and hereby recommends approval of the Final Subdivision Map to the City Council.

CERTIFICATION
I certify that this resolution was adopted by the El Cerrito Design Review Board at a regular meeting held on September 18, 2024, upon motion of Commissioner Hamilton, second by Commissioner Mendez:

AYES: Gillett, Hamilton, Mendez, Navarrete, Tinclair
NOES: None
ABSTAIN: None
ABSENT: Singh
_________________________
Sean Moss, AICP
Planning Manager










 



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Agenda Item No. 8.A.

Attachment 5
Agenda Packet Page 139 of 191
Agenda Packet Page 140 of 191
Agenda Packet Page 141 of 191

AGENDA BILL
Agenda Item No. 9.A.

Date: October 15, 2024
To: El Cerrito City Council
From: Shannon Bassi, Senior Human Resource Analyst, City Management Subject: Adopt a Resolution Approving an Agreement between the City of El Cerrito and the Service Employees International Union (SEIU) Local 1021 to Modify Language on Salaries, Benefits, Conditions of Employment, and Creating a New Memorandum of Understanding

ACTION PROPOSED
Adopt a resolution approving an agreement between the City of El Cerrito and the Service Employees International Union (SEIU) Local 1021 to modify language on salaries, benefits, conditions of employment, and creating a new Memorandum of Understanding.

BACKGROUND/ANALYSIS
SEIU Local 1021 is recognized as the majority bargaining unit for full-time and part-time represented general employees. On May 19, 2020, the City Council approved a twoyear agreement with SEIU Local 1021 through Resolution 2020-25 by modifying salaries and creating a Memorandum of Understanding (MOU) effective July 1, 2020 through June 30, 2022. Subsequently, on July 19, 2022, the City Council approved an 18-month extension agreement with SEIU Local 1021 through Resolution 2022-60, extending the agreement through December 31, 2023. Lastly, on February 6, 2024, the City Council approved an additional four month extension through Resolution 2024-3.

City representatives have met in good faith with SEIU representatives in numerous meetings to successfully negotiate a new MOU.

The following is a summary of the tentative agreement with SEIU Local 1021:
• The agreement will be effective from July 1, 2024, through June 30, 2028 (four year term).
• Effective the first full pay period of July 2024 the City will increase the wage range for all represented classifications by 2.5%. Thereafter, a 3.25% wage increase will be applied in July 2025, a 3.5% wage increase will be applied in July 2026, and a 3.5% wage increase will be applied in July 2027. • Bilingual/Notary pay will increase to $100 per pay period for those employees who qualify.
• The medical cash-in-lieu cap language will be updated to $800 per month for current eligible employees, and $500 per month for those eligible employees who were hired after December 31, 2023.

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Agenda Item No. 9.A.
• Market Adjustments were applied in alignment with the Classification and Compensation Study results and recommendations over the term of the four-year MOU. The Market Adjustments will apply to the wage of the following classifications: Assistant Engineer, Finance Technician I/II, Forklift Operator, Maintenance Services Worker I, Recycling Driver, Accountant I, Administrative Assistant I/II, Community Services Coordinator, Custodian, and Management Assistant. Additional Market Adjustments were previously approved by City Council through Resolution 2024-50 and went into effect September 1, 2024, which were applied to many Part-Time classifications throughout the City to align with the City's increasing Minimum Wage rate and resolve growing compaction concerns.
• Tuition Reimbursement was increased up to $3,500 per fiscal year. • Miscellaneous revisions were applied to the following areas of the MOU: vacation cash-outs, floating holiday, compensatory time and birthday leave accruals, physician statement requirement regarding sick leave usage, bereavement leave, compensatory time accrual, meal allowances, childcare worker clothing, safety footwear/specialty glove allowance, part-time employee provisions, probationary period, and bulletin boards.

The City would like to thank SEIU Local 1021 for the patience they have shown while the City's Classification and Compensation Study was underway and the continued leadership from the SEIU Local 1021 Representatives during the negotiation process.

The City looks forward to continuing the strong collaborative relationship with SEIU Local 1021.

STRATEGIC PLAN CONSIDERATIONS
This action supports the City’s Strategic Plan Goal(s) of:
• High Performing Organization by ensuring the City maintains a strong financial position and a high-performing organization where employees feel a sense of inclusion and belonging.

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

FINANCIAL CONSIDERATIONS
Table 1 shows the total additional cost in each fiscal year above the current biennial budget.

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Agenda Item No. 9.A.

TABLE 1: ADDITIONAL COST FOR FISCAL YEARS 2024-25 AND 2025-26 BY FUND
Fund FY 2024-25 Increase Above
Budget
FY 2025-26 Increase Above
Budget
101 $36,621.66 $107,089.95
201 $3,569.71 $8,648.36
202 $30.95 $103.39
203 $2,639.44 $5,814.31
204 $139.29 $465.26
205 $232.16 $775.43
211 $77.39 $258.48
214 $714.14 $1,945.42
501 $67,026.37 $95,194.17
Grand
Total
$111,051.10 $220,294.75
Staff is requesting additional appropriations authority for each of these funds for FY 2024-25. The increased cost for FY 2025-26 will be requested at formal adoption of the FY 2025-26 budget by the City Council in 2025. Table 2 details the total annual cost for each of the four fiscal years covered by the contract.

TABLE 2: TOTAL ANNUAL COST FOR TERM OF THE CONTRACT BY FUND Fund Baseline Total FY 2024-25
Total
FY 2025-26
Total
FY 2026-27
Total
FY 2027-28
Total
101 $1,269,247.21 $1,305,868.87 $1,376,337.16 $1,466,662.68 $1,569,870.19 201 $107,992.02 $111,561.73 $116,640.38 $122,921.39 $129,897.25 202 $1,504.96 $1,535.91 $1,608.35 $1,697.94 $1,797.43
203 $68,016.20 $70,655.64 $73,830.52 $77,829.52 $82,338.77 204 $6,772.32 $6,911.61 $7,237.58 $7,640.71 $8,088.44
205 $11,287.20 $11,519.36 $12,062.63 $12,734.52 $13,480.73 211 $3,762.40 $3,839.79 $4,020.88 $4,244.84 $4,493.58
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Agenda Item No. 9.A.
214 $18,060.43 $18,774.57 $20,005.85 $21,646.68 $23,576.57 501 $772,798.09 $839,824.45 $867,992.25 $899,755.00 $932,986.00 Grand
Total
$2,259,440.84 $2,353,698.54 $2,462,942.19 $2,598,339.87 $2,749,735.56

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

Reviewed by:

Karen Pinkos, City Manager
Attachments:

1. Resolution

2. Exhibit A to Resolution
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RESOLUTION 2024-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 SERVICE EMPLOYEES INTERANTIONAL UNION (SEIU) LOCAL 1021 TO

MODIFY LANGUAGE ON SALARIES, BENEFITS, AND CONDITIONS OF EMPLOYMENT FROM JULY 1, 2024 THROUGH JUNE 30, 2028.

WHEREAS, the Meyers-Milias-Brown Act allows employee units within the City to represent themselves on matters concerning salaries, benefits, 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 Service Employees International Union (SEIU), Local 1021 is recognized as the majority bargaining unit for full-time and part-time represented general employees; and
WHEREAS, representatives of the City of El Cerrito and the Service Employees International Union (SEIU), Local 1021, have met and conferred in good faith; and WHEREAS, Resolution 2024-3 approved the current Memorandum of Understanding with Service Employees International Union (SEIU), Local 1021; and WHEREAS, the City of El Cerrito and Service Employees International Union (SEIU), Local 1021 representatives have agreed to modify the salaries, benefits, and working conditions through June 30, 2028; and
WHEREAS, additional funds above the current FY 2024-25 budget totaling $111,051.10 are requested to be appropriated from the fund balances according to the detail provided in the table below.

NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby adopt the Tentative Agreement, attached hereto as Exhibit A, between the City of El Cerrito and Service Employees International Union (SEIU), Local 1021 effective through June 30, 2028.

BE IT FURTHER RESOLVED, that the City Council authorizes additional appropriations from the fund balances of the funds listed in the table below.

Fund FY 2024-25 Increase
Above Budget
General Fund (101) $36,621.66
Gas Tax Fund (201) $3,569.71
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Fund FY 2024-25 Increase
Above Budget
National Pollution Distribution Elimination
System Fund (202) $30.95
Landscape & Lighting Assessment District
Fund (203) $2,639.44
Measure J - Return to Source Fund (204) $139.29
Measure J - Storm Drain Fund (205) $232.16
Street Improvement & Maintenance Fund (211) $77.39
Measure J - Paratransit Fund (214) $714.14
Integrated Waste Management Fund (501) $67,026.37
Grand Total $111,051.10
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on October 15, 2024, the City Council of the City of El Cerrito passed this Resolution by the following vote:

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:
________________________
Tessa Rudnick, Mayor
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2024 Negotiations
Full Tentative Agreement
Between
City of El Cerrito
And
SEIU Local 1021
September 11, 2024

3.1 Duration of this Memorandum
The recommendations set forth in the Memorandum of Understanding are final. Except as otherwise provided herein, no changes or modifications shall be offered, urged or otherwise presented by the Union or the City for the duration of this agreement, provided, however, that nothing herein shall prevent the parties to this Memorandum of Understanding from meeting and conferring and making modifications herein by mutual consent. The term of this agreement shall be from July 1, 20242020 to June 30, 20282022.

UP #05 (1/8/2024)

4.2 Union Membership
The following classifications will be considered "the Unit" as represented by the Union:

Account Clerk
Account Clerk Technician
Finance Technician I/II
Accountant I
Administrative ClerkAdministrative Assistant I/II
Administrative Clerk Specialist
Assistant Engineer
Assistant Planner
Associate Planner
Building Inspector I/II
Docusign Envelope ID: 01800457-E2F2-43FA-8B3F-6C05B0237FA1 Agenda Packet Page 148 of 191
Building Inspector IISenior Building Inspector
Building Permit Technician I/II
Building Permit Technician II
Building Senior Permit Technician III
Building Plan Checker I/II
Building Plan Checker II
Custodian
Custodian II
Custodian Leadworker Lead Custodian
Childcare Aide
Childcare Teacher I/II (licensed)
Childcare Teacher (no license)Community Services CoordinatorRecreation Coordinator Engineering Technician I/II
Fork-Lift Operator
Information Systems Technician
Maintenance Services LeadworkerLead Maintenance Services Worker Maintenance Worker
Maintenance Worker – Entry Maintenance Services Worker I/II Management Assistant
Senior Management Assistant
Neighborhood Preservation Officer I/II
Neighborhood Preservation Program Coordinator
Nutrition Manager
Open-House Assistant
Preschool Director
Program Registrar
Program Coordinator
Recreation Coordinator
Recreation Leader I/II/III/IV
Recycling Maintenance Operations Worker Driver
Recycling Operations Worker
Recycling Maintenance Worker – Entry Maintenance Services Worker I/II Recreation Registrar/Assistant
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Respite Program Aide
Senior Finance Technician
Senior Services Assistant
Van Driver I/II
Waste PreventionEnvironmental Specialist
UP #16

4.3 Definitions
C. Probationary Period. The probationary period for a new hire originalshall be twelve (12) consecutive months for full and part-time employees. The probationary period for promotional appointments for all bargaining unit classifications shall be six (6) months.

The probationary period is regarded as part of the testing process and is utilized to evaluate closely the employee's work performance. An employee may be rejected without cause during this period. Upon satisfactory completion of the 12-month probationary period, the department manager shall recommend that eligible employees advance to regular permanent status.

UP #06 (1/8/2024)

4.10 Bulletin Boards
The Union has purchased and installed bulletin boards at the following work areas:
• Recycling Center
• Corporation Yard
• City Hall
o First Floor
 Representatives for SEIU will meet with Human Resources to determine the appropriate size and location of new bulletin board.
•o Second Floor
• Community Center
• Senior Center
The location of bulletin boards is subject to space limitations and placement at a non-public location approved by the Manager in charge of the location. The Union may use these bulletin boards under the following conditions:

1. All material must be dated and must identify the organization that published it.

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2. The Union will do posting. Material shall be removed after the material is no longer relevant to the time or date of issue. Material shall be removed by Union personnel whenever practical.

3. The City, with notice to the Union, has the right to move and to determine where bulletin boards shall be placed.

4. Material, which the City considers objectionable, shall be brought to the attention of the Union representative.

Material that is offensive, unprofessional, disrespectful or inappropriate to the mission or values of the City shall be removed from the bulletin board immediately. This requirement shall not infringe in any way upon the Union’s rights to organize or to conduct legitimate Union business.

CP #1 (December 11, 2023 TA)

6.5 UMAT Sub-Committee
The parties shall create a sub-committee of the Union/Management Advisory Team (UMAT). The UMAT Sub-Committee shall meet as needed but will at least meet on the designated UMAT meeting dates. The UMAT Sub-Committee shall address the following issues:
• The financial status of the City
• Maintain a dialog regarding potential cost saving measures/ideas • Report regarding City efforts to increase revenues and control expenses CP #2

7.1 Flexible Benefits Plan
A. The City has a Flexible Benefits Plan. With the exception of those employees who choose the "no medical plan" option (See C), the City will contribute an amount equivalent to the lesser cost (Kaiser HMO) 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 he or she shall receive the equivalent to the single premium in his or her flexible spending account. If an employee and a dependent are enrolled in a City medical plan, the employee shall receive the two-party premium in his or her flexible spending account. If an employee and more than one dependent are enrolled in a City medical plan, the Docusign Envelope ID: 01800457-E2F2-43FA-8B3F-6C05B0237FA1 Agenda Packet Page 151 of 191
employee shall receive the family premium in his or her flexible spending account.

B. Employees may select one of the following medical plans within their Flexible Benefits Plans:
• Kaiser (S)
• Alternative HMO
• PPO
Those employees selecting an option whose premium exceeds the City’s contribution are responsible for the difference.

C. 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 a "no medical plan" option. (Proof of alternate coverage is required.) In this event, the City shall contribute eight hundred seven hundred and ninety-three dollars and eighteen cents ($793.18) per month to the employee’s flexible benefit account provide the employee only City contribution which may be received 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. The “cash in-lieu benefit” amount shall be $500 $350 per month for: a) Employees hired after December 31, 2023; 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.

CP#3

8.2 Floating Holidays and Birthday
In addition to the recognized municipal holidays listed in Section 8.1, eligible represented employees shall receive annually three (3) floating holidays and a birthday holiday on July 1 of each year.

Accrual shall be prorated quarterly. For new eEmployees hired during the fiscal year shall receive floating holidays and birthday holiday credit in accordance with the following table and such hours will be deposited into the floating holiday bank:

Hire Date: Floating Holiday Bank:

July 1 to September 30 22.5 hours
October 1 to December 31 15 hours
January 1 to March 31 7.5 hours
April 1 to June 30 0 hours
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.shall be proratedquarterly based upon date of hire. Scheduling shall be determined by the Department Manager with regard for the needs of the City and preferences of the employee. Floating holidays must be taken during the fiscal year they are received and may not be carried over and accumulated. The accrual cap for Birthday Holiday is 22.5 hours. When an employee reaches the Birthday Holiday accrual cap, the employee will cease accruing Birthday Holiday hours until the balance falls below the cap on the next available payroll.

Floating and birthday holidays shall be prorated (biweekly) for separated employees based on time worked within the fiscal year.

CP #5 Modified 6/5//24

9.5 Notification of Supervisor
The employee requesting sick leave shall notify his or her supervisor or department manager prior to the time set for reporting to work. Sick leave with pay shall not be allowed unless the employee has met and complied with the provisions of the regulations, and the department manager and City Manager have approved such payment.

Childcare employees, whose shift starts before noon am, must inform their site coordinators or supervisors of illness at least one hour before their normal work schedule, and preferably the night before if the employee knows he or she will be ill the next day. Childcare employees, whose shift starts on or after noon am must inform their site coordinators or supervisors of illness at least two hours before their normal work schedule. If the site coordinator is not available, the employee must contact the Youth and Child Care Program Supervisor or the Recreation Director as outlined in staff policies and procedures.

All other employees must inform their supervisors of illness at least one hour before their normal work schedule in the manner prescribed by the Department Head.

CP#6 (December 11, 2023 TA)

9.6 Physician Statement
A. An employee who has been absent from work due to an illness for three (3) or more consecutive workdays the department manager or City Manager may require an employee to submit a written statement from the attending physician or dentist or from a physician or dentist retained by the City stating that the employee is or was unable to perform his or her duties. Where leave abuse or excess is suspected, the employee may be required to furnish a written statement from the attending physician or dentist or other agreed upon form of verification following any absence from work under the following circumstances:,
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• Where a pattern of sick leave usage has been demonstrated; or
• When an employee has used more than 82.5 hours of sick leave:
o The employees used of more than 82.5 hours of sick leave occurred in less than a 12 month period; and o The employee use sick leave on 5 or more occasions;
o when the employee has been given prior notice of excessive use of sick leave or the City can show cause to dispute the validity of the sick leave claim.

The City may only place an employee on sick leave verification for a period of 9 months, as long as the conditions for the sick leave verification have been addressed.

B. Prior to resumption of duties, the department manager or City Manager may require a written statement from the attending physician or dentist or from a City-retained physician or dentist to the effect that the employee may resume the full duties of his or her position.

CP#7 (December 11, 2023 TA)

10.5 Vacation Cap and Implementation
C. 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.

CP#7 (December 11, 2023 TA)

10.5 Vacation Cap and Implementation
D. Vacation Cash-Out
Employees may annually cash-out up to 12 days (90 hours) of vacation provided that they have taken a minimum off 12 vacation days (90 37.5 hours) of vacation in the previous twelve month period and maintain a vacation balance of 20 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 6 days (45 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 Formatted: Centered, Indent: Left: 0.55", No bullets or numbering
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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.

CP #16

11.1 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 five (5) consecutive work days 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. Additional time may be granted and charged as sick leave when, in the opinion of the department manager, 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, brotherin-law, grandparent, spouse's grandparent, grandchild, son-in-law, daughter-in-law, uncle, aunt 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 manager shall make the decision as to qualification for bereavement leave.

UP # 22
Differential Pay for Forklift Operators
A Forklift Operator shall be entitled to receive five percent additional pay when working temporarily as a Recycling Driver.

The Forklift Operator to be eligible for the additional pay, the Forklift Operator must assist the Recycling Driver during the completion of their route(s). The Forklift Operator will received the additional pay for each hour they are assisting the Recycling Driver to complete their assigned route(s).

UP #23

13.1 Salaries for Represented Classifications
• Effective the first full pay period in July 2024, the City will increase the salary or wage ranges for all represented Docusign Envelope ID: 01800457-E2F2-43FA-8B3F-6C05B0237FA1 Agenda Packet Page 155 of 191
classification by 2.5%.
• Effective the first full pay period in July 2025, the City will increase the salary or wage ranges for all represented classification by 3.25%
• Effective the first full pay period in July 2026, the City will increase the salary or wage ranges for all represented classification by 3.5%.
• Effective the first full pay period in July 2027, the City will increase the salary or wage ranges for all represented classification by 3.5%.

13.X Market Adjustments
• Effective the first full pay period in September 1 20245, the City will increase the salary or wage ranges for the following classifications in accordance with the following:

JOB CLASS STEP 1
NEW
STEP 1 STEP 2
NEW
STEP 2 STEP 3
NEW
STEP 3 STEP 4
NEW
STEP 4 STEP 5
NEW
STEP
5 CHILDCARE AIDE 17.47 20.39 17.51 21.41 18.63 22.49 19.73 23.61 20.79 24.79 CHILDCARE TEACHER I** (FORMERLY CHILDCARE

TEACHER- SCHOOL-AGED UPON APPROVAL OF
NEW CLASS) 17.72 22.44 18.87 23.56 19.97 24.73 21.16 25.97 22.31 27.27 CHILDCARE TEACHER II** (FORMERLY CHILDCARE

TEACHER PRE-SCHOOL QUALIFIED UPON
APPROVAL OF NEW CLASS) 20.15 23.55 21.33 24.72 22.60 25.96 23.82 27.26 25.10 28.62 PROGRAM REGISTRAR 18.03 NA 19.21 NA 20.31 NA 21.48 NA 22.58 NA RECREATION REGISTRAR/ASSISTANT 20.00 NA 21.00 NA 22.05 NA 23.15 NA 24.31 NA VAN DRIVER I** NA 21.97 NA 23.06 NA 24.22 NA 25.43 NA 26.70 VAN DRIVER II** 19.97 24.25 21.16 25.46 22.31 26.73 23.49 28.07 24.64 29.47 • Effective the first full pay period in January 2025, the City will increase the salary or wage ranges for the following classification by the following percentages:
o Assistant Engineer – 4.35% Formatted: Highlight
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o Finance Tech I – 7.76%
o Finance Tech II – 3.5%
o Forklift Operator – 9.19%
o Maintenance Services Worker I – 1.78%
o Recycling Driver – 5.0%
• Effective the first full pay period in January 2026 the City will increase the salary or wage ranges for the following classifications by the following percentages
o Accountant I – 1.86%
o Administrative Clerk Assistant I – 1.88%
o Administrative Clerk SpecialistAdministrative Assistant II – 3.45% o Community ServicesRecreation Coordinator – 2.15%
o Custodian – 1.85%
o Management Assistant – 1.42
• Effective the first full pay period in January 2027 the City will increase the salary or wage ranges for the following classifications by the following percentages
o Accountant I – 2.60%
o Administrative Clerk Assistant I– 2.62%
o Administrative Clerk Specialist Assistant II– 4.83%
o Community ServicesRecreation Coordinator – 3.01%
o Custodian – 2.59%
o Management Assistant – 2.0%
• Effective the first full pay period in January 2028 the City will increase the salary or wage ranges for the following classifications by the following percentages
o Accountant I – 2.97%
o Administrative Clerk Assistant I– 3.0%
o Administrative Clerk Specialist Assistant II– 5.52%
o Community Services Coordinator – 3.44%
o Custodian – 2.96%
o Management Assistant – 2.28%
UP #01 (1/8/2024)

13.8 Bilingual/Notary Pay Differential
The City shall pay a $50 per pay period bilingual/notary pay differential to employees in positions designated for Docusign Envelope ID: 01800457-E2F2-43FA-8B3F-6C05B0237FA1 Agenda Packet Page 157 of 191
bilingual/notary pay by Human Resources based upon the operational needs of the City. Individuals eligible to receive bilingual pay may be required to pass an examination establishing their bilingual skill. The examination shall focus on the employee’s ability to speak and comprehend the designated language. Individuals eligible to receive notary pay must be a commissioned Notary Public by the California Secretary State.

Effective the first full pay period in July 2024, the City shall pay a $100 per pay period bilingual/notary pay differential to employees in positions designated for bilingual/notary pay.

CP#10 (December 11, 2023 TA)

14.1 Overtime Policy - Definition
It is the policy of the City that overtime work is to be kept at a minimum consistent with the protection of the lives and property of El Cerrito citizens and the efficient operation of the departments and activities of the City. Overtime must be authorized by both the supervisor and department manager and is subject to such other rules and procedures as the City Manager may prescribe.

Overtime shall be defined as time worked beyond the hours worked in a normal workweek (See Section 12.1), as defined elsewhere in this Memorandum. Hours worked are defined as all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place. Sick leave, vacation, holidays and other paid leave are considered to be part of the normal workweek and are included for purposes of calculating overtime compensation.

Lunches and unpaid leave shall not be included as time worked. Overtime shall commence at the time an employee reaches the place where he or she is directed to report and shall continue until the employee is released or the work is completed, whichever is earlier. Refer to Article 8.3 for additional information and to Article 19 for over-time provision for part-time employees.

UP #09

14.5 Maximum Accumulation of Compensatory Time
Employees may not accrue more than 60.040.0 hours of compensatory time off without permission of the department manager. Time off for compensatory time must be approved by the department manager or designee.

UP #10 (1/8/2024)

14.6 Meal Allowance
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A meal allowance of ten dollars shall be allowed employees for every four hours worked continuous to the normal work shift.

For scheduled overtime, the employee shall be entitled to one meal allowance per eight-hour shift. A meal allowance of ten dollars shall be allowed childcare coordinators and teachers for every four hours of emergency duty worked continuous to the normal work shift.

Effective July 1, 2024, the meal allowance shall be increased to $15.00. Eligible employees shall not receive a meal allowance if the City provides eligible employees with a meal.

Incumbents employed by the City in positions designated as on-call are not in the bargaining unit represented by SEIU Local 1021 and are not subject to Section 4.2, 4.6 or 4.8 of the MOU between the City and SEIU Local 1021.

CP#13 (December 11, 2023 TA)

16.2 Educational Attainment for Childcare Aides
Childcare Aides who become certified by State Licensing as a teacher will be eligible to be moved to step E of the Aide scale. Aides who begin employment with State Certification as a Teacher will be eligible for step E. Childcare Aides who are at step E when they become licensed as Childcare Teachers will be eligible for a 5% above-classification hourly rate.

UP #15

17.1 Tuition Refund Plan
When an employee enrolls in approved courses on employee's own time, the City will pay for books required on the course syllabus and for required school fees, such as tuition and registration fees, up to $1,000 per fiscal year while pursuing an AA, $2,500 per fiscal year while pursuing a BA, or $3,500 per fiscal year while pursuing an MA/MS degree.

For part-time employees the City will pay for books required on the course syllabus and for required school fees, such as tuition and registration fees, up to $500 per fiscal year while pursuing an AA, $1250 per fiscal year while pursuing a BA, or $1,750 per fiscal year while pursuing an MA/MS degree. Mileage and optional fees shall not be refundable.

Department manager verification of available budgeted funds and approval shall be obtained by the employee before registering for any course in order to be eligible for refund of required fees. Courses taken at any college, university, high school or business or technical school, or courses given by a recognized correspondence school, shall be approved when they are:
• Related to the employee's present position in the City. • Related to the employee's potential development with the City.

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• Part of a program leading to a degree relating to the employee's present position or potential for development. • Required to obtain a high school diploma.

Any full-time or part-time employee who receives City-paid benefits may apply for such refund of required fees, pursuant to the rules and procedures established by the City Manager.

UP #8

18.1 Clothing – Childcare Workers
The City shall provide required clothing which identifies childcare workers as City employees, at no cost to the employee.

Each worker will receive fourtwo t-shirts and two sweatshirts annually.

UP #13

18.3 Safety Footwear/Specialty Work Glove Allowance
The City shall conform with applicable safety regulations provided by State law to insure reasonable safe working conditions for all employees. The Union agrees to encourage employees covered by this contract to report promptly any unsafe working conditions and equipment, and to wear at the direction of their supervisor, any and all safety clothing and/or equipment that the City either provides to the employee or for which the City reimburses the employee after purchase.

Each maintenance employee or in any other position designated by management, who is required to wear safety footwear or specialty gloves, shall be reimbursed, upon purchase of such items, in an amount not to exceed $200. Effective July 1, 2024, the City shall increase the reimbursement for safety footwearor specialty gloves to an amount not to exceed $250.

Effective July 1, 2025, the City shall increase the reimbursement for safety footwear to an amount not to exceed $275. Such reimbursement shall occur no more than once within any twelve consecutive month period. Eligible employees will receive reimbursement only after submittal of receipts or other appropriate verification of purchase. Safety footwear shall be defined as any supervisor approved footwear with a protective top. Employees must arrive to work in the safety footwear and continue to wear them throughout the day.

The City will provide, at its expense, regular work gloves to appropriate maintenance employees.

CP #14

4.3 Definitions
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A. Part-time Employees. Part-time Employees are defined as any employees who are regularly scheduled to work less

37.5 hours per week. These classifications shall be paid an hourly wage for hours worked.

Part-time employees shall receive benefits as specified in Article XIX of this Memorandum of Understanding.

7.4 Retirement Plan
Represented full-time and, permanent part-time and other part-time employees who work at least 1,000 hours in a fiscal year are entitled to those benefits of the Public Employees Retirement System (PERS) for local miscellaneous members under the 2.7% @ 55 retirement formula and integrated with Social Security. The City also shall provide the PERS single highest year.

7.6 Life Insurance
The City will provide a term life insurance policy with the principal sum equivalent to the employee's annual salary rounded to the nearest $1,000. Figures will be updated monthly to reflect salary adjustments provided elsewhere in this Memorandum. The Union agrees that the City has full authority to choose carriers or administrators of this plan.

For permanent (3/4) part-time employees, the City will provide a term life insurance policy with the principal sum equivalent to $18,000.

8.3 Eligibility/Compensation for Municipal Holidays
B. Full-time employees must be in a pay status on the workday preceding the holiday to be eligible to be compensated for the holiday. An exception is made for permanent part-time employees on irregular work schedules.

8.4 Prorated Holidays - Permanent Part-Time Employees
Permanent part-time employees shall receive 3/4 (75%) of the regular and floating holiday time and accrue the holidays proportionately.

10.1 Eligibility
Full-time and permanent part-time employees shall be eligible to take a paid vacation at current pay rate at the end of the first year of continuous service and annually thereafter.

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Regular part-time employees shall be eligible to accrue vacation leave after 12 months of continuous service.

10.9 Permanent Part-Time and Regular Part-Time Accrual
Permanent part-time and regular Ppart-time employees will earn prorated vacation leave benefits based upon the number of hours worked and applying that percentage to the rate listed on the above vacation schedule.

ARTICLE XIX
Part-Time Employees

19.1 Definition - Permanent Part-Time
Employees may work less than full-time but will receive benefits based on 75% of a full-time employee's benefits, except for medical and dental insurance, which the City shall provide the same as for full-time employees. Positions in these classifications shall be filled through a competitive selection process. Qualified candidates will be placed on an eligibility list for appointment to vacancies. Employees must complete a one-year probationary period. Previous time in service may be credited toward the probationary period with approval of the department manager and City Manager, and may count as service credit toward vacation leave accrual.

Part-time Employees are defined as any employees who are regularly scheduled to work less 37.5 hours per week. These classifications shall be paid an hourly wage for hours worked.

19.2 Compensation
Compensation for part-time employees is covered by Section 13.1 of this Memorandum.

19.3 Merit Increases
Part-time employees are eligible for merit increases every 24 months of part-time employmentannually (until they reach top step) if they obtain satisfactory performance evaluations from their supervisors, approval by the department manager and a recommendation for a salary increase.

19.4 Retirement
Eligible part-time eEmployees will be covered by the Public Employees Retirement System (PERS) will contribute the same amount as full-time employees in the same benefit formula (2.7% @ 55 or 2.0% @ 62)a total of 8.0%.

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19.5 Flexible Benefits
Permanent part-time employees shall receive a contribution for flexible benefits as described in Article VII of this Memorandum. This includes medical coverage cost at the applicable rate and the cost of dental coverage.

Permanent Ppart-time employees, who meet the eligibility requirements of the Affordable Care Act as defined by the City, shall receive benefits in accordance with the Affordable Care Act.a contribution for flexible benefits as described in Article VII of this Memorandum. This includes medical coverage cost at the applicable rate and the cost of dental coverage.

19.6 Life Insurance
The City will provide a term life insurance policy as described in Section 7.6 of this Memorandum.

19.7 Sick Leave and Family Sick Leave
Permanent pPart-time employees shall receive prorated receive 6.5 hours sick leave hours based on their actual hours worked with a minimum of 40 of sick leave accrued per calendar yearmonth.

Employees may use one-half (1/2) of their annual accrual of sick leave per calendar year for “family sick” purposes as defined in Section 9.8.

19.8 Vacation Leave
Part-time employees shall earn prorated vacation leave based on actual hours worked at 75% of the rate listed in Article X of this Memorandum. These employees shall be credited with six (6) months of continuous service for every previous year of part-time year-round work with the city.

19.9 Overtime
Part-time employees shall be paid overtime in accordance with Section 14.4 of this Memorandum.

All part-time childcare workers are provided overtime in accordance with Section 14.8 of this Memorandum.

19.10 Appeal Procedures – Part-time Employees
Part-time employees who have continuous employment for a minimum of 12 months shall have the right to appeal disciplinary actions to the City Manager. The employee first must appeal to the appropriate supervisor through the chain of command in the department. If the matter is not resolved to the satisfaction of the employee, it may be appealed to the City Formatted: Highlight
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Manager or a designee. Part-time employees with less than 12 months service are considered to have no appeal rights.

19.11 Miscellaneous
Other provisions of this Memorandum will apply to part-time employees where practicable and within the limitations of City policies and regulations.

Side Letter of Agreement
Between
City of El Cerrito
And
SEIU Local 1021
Regarding - Permanent Part-time Employee
July 1, 2024
Representatives for the City of EL Cerrito, herein after City, and representatives for Service Employees International Union, Local 1021, herein after Union, have met mutually agreed to the following:

Definition - Permanent Part-Time
The current permanent part-time employee works less than full-time but receives benefits based on 75% of a full-time employee's benefits.

Benefits
• Compensation for the permanent part-time employee is covered by Section 13.1 of the Memorandum. • The permanent part-time employee is eligible for a merit increases annually (until they reach top step) if they obtain a satisfactory performance evaluation from their supervisors, approval by the department manager and a recommendation for a salary increase.
• The permanent part-time employee shall receive 6.5 hours sick leave per calendar month.

The permanent part-time employees may use one-half (1/2) of their annual accrual of sick leave per calendar year for “family sick” purposes as defined in Section 9.8 of the Memorandum.

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• The permanent part-time employees shall earn vacation leave at 75% of the rate listed in Article X of the Memorandum. This employee shall be credited with six (6) months of continuous service for every previous year of part-time year-round work with the city.
• Permanent part-time employee shall receive ¾ (75%) of the Holidays, Floating Holidays and /Birthday Holiday that full-time employees receive.
• Permanent part-time employees shall receive a contribution for flexible benefits as described in Article VII of the Memorandum. This includes medical coverage cost at the applicable rate and the cost of dental coverage. • The City will provide a term life insurance policy with the principal sum equivalent to $18,000. • The permanent part-time employee will be covered by the Public Employees Retirement System (PERS) will contribute the same amount as full-time employees in the same benefit formula (2.7% @ 55 or 2.0% @ 62).

Other provisions of the Memorandum will apply to the permanent part-time employee where practicable and within the limitations of City policies and regulations.

Appeal Procedures – Permanent Part-time Employee
The permanent part-time employee shall have the right to appeal disciplinary actions to the City Manager. The employee first must appeal to the appropriate supervisor through the chain of command in the department. If the matter is not resolved to the satisfaction of the employee, it may be appealed to the City Manager or a designee.

For the City of El Cerrito For SEIU Local 1021
_____________________________ _____________________________ _____________________________ _____________________________ _____________________________
_____________________________
_____________________________
Date: ______________________ Date: ________________________ Formatted: Font: (Default) Arial, 12 pt
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CP#15
House Keeping
• Incorporate all current Side Letters
o Extension
o Juneteenth
o Domestic Partner
o New Employee Orientation
• Address pronoun usage
• Format
• Typos
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Docusign Envelope ID: 01800457-E2F2-43FA-8B3F-6C05B0237FA1 Agenda Packet Page 166 of 191
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

CITY COUNCIL MEETING
October 15, 2024
(Revised October 17, 2024)
REGULAR CITY COUNCIL MEETING (6:00 PM)

1. Public Comments (Not on the Agenda and Consent Calendar)

2. Agenda Item No. 6.B. - Annual Sundar Shadi Garden Club Awards a. Presentation

3. Agenda Item No. 7.G. – Resolution to Amend the City's Classification Plan a. Revised Attachment 4

4. Agenda Item No. 8.A. – Approval of Final Subdivision Map for One-Lot Subdivision at 1715 Elm Street
a. Presentation
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From: Cordell Hindler
To: City Clerk
Subject: Public Comments
Date: Friday, October 11, 2024 10:37:21 AM
Caution! This message was sent from outside your organization.

Hello Mayor Rudnick, Council Members and Staff,
I am Submitting the following comments into the Record:

1. I am in Full Support of Items C. and G. on the Consent Calendar

2. Also For a future Agenda, the Council should Consider reinstating remote Participation Sincerely
Cordell
General Public Comments
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RECEIVED

AT THE MEETING OF
OCT 1 5 2024

A FREE, SPECIAL VIEWING

SUNDAR SHADI'S GIFTS
CELEBRATING THE 75TH

YEAR OF THE SHADI HOLIDAY
DISPLAY.

Join us as we celebrate 75 years of Sundar Shadi's incredible folk art holiday display on the El Cerrito hillsides with a showing of Sundar Shadi's Gifts, a 1983 short film showcasing Mr. Shadi's many beautiful contributions to the El Cerrito community. Light snacks begin at 1 Oam, film at 10:30.

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REOEIVED

AT THE MEETING OF
OCT 1 5 2024

CITY OF EL CERRITO
CllY CLERK
~(¥'~~~ ~::'-~-:R .16flr.:1~·1~·r:1DE.EL'.:~a- The.,suNo;}.R SH;}.01 klOLIDAY DISPLAY EL CERRITO , CALIFORNIA
Film screening :

Mr. Shadi's Gifts
Delightful film about his Flower & Holiday Displays!
Rialto Cinemas Cerrito - 10070 San Pablo Avenue, El Cerrito Sunday, November 17th
Coffee and pastries 10 am; film at 10:30
Donations are gratefully accepted for paint, supplies & electricity! VISIT ShadiHolidayDisplay.com & Sundar Shadi Holiday Display on Facebook
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Pam Austin October 2023

SUNDAR SHADI AWARD

EL CERRITO GARDEN CLUB
Agenda Item No. 6.B.

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SUNDAR SHADI AWARD

TO HONOR SUNDAR SHADI BY RECOGNIZING NOTABLE RESIDENTIAL GARDENS IN EL CERRITO Supplemental Materials Page 6 of 25
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SUNDAR SHADI AWARD
• ANNUAL AWARD
• NOMINATIONS BY CLUB MEMBERS
• COMMITTEE SELECTS THE GARDENS
• PRESENTATIONS ARE MADE
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SUNDAR SHADI AWARD
•# OF NOMINATIONS IN 2022
•3 WINNERS SELECTED
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FLSA: Exempt

POLICE CHIEF

DEFINITION
Under administrative direction, plans, organizes, manages, and provides direction and oversight for all functions and activities of the Police Department including community policing, patrol, traffic, investigations, communications, and support services; formulates departmental goals, objectives, policies and procedures, work standards, and internal controls; coordinates assigned activities with other City departments, officials, outside agencies, and the public; fosters cooperative working relationships among City departments and intergovernmental, regulatory agencies, and various public and private groups; provides highly responsible and complex professional assistance to the City Manager in areas of expertise; and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager. Exercises direct supervision over management, supervisory, professional, technical, and administrative support staff through subordinate levels of supervision.

CLASS CHARACTERISTICS
This is a department director classification that oversees, directs, and participates in all activities of the Police Department, including short- and long-term planning as well as development and administration of department policies, procedures, and services. The Police Chief provides assistance to the City Manager in a variety of administrative, coordinative, analytical, and liaison capacities. Successful performance of the work requires knowledge of public policy, City functions and activities, including the role of the City Council, and the ability to develop, oversee, and implement projects and programs in a variety of areas. Responsibilities include coordinating the activities of the department with those of other departments and outside agencies and managing and overseeing the complex and varied functions of the department. The incumbent is accountable for accomplishing departmental planning and operational goals and objectives, and for furthering the City’s mission, goals, and objectives within general policy guidelines.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. • Assumes full management responsibility for all Police Department programs, services, and activities including community policing, patrol, traffic, investigations, communications, and support services. • Develops, directs, and coordinates the implementation of goals, objectives, policies, procedures, and work standards for the Police Department; establishes, within City policy, appropriate budget, service, and staffing levels.
• Selects, trains, motivates, and directs department personnel; evaluates and reviews work for acceptability and conformance with department standards, including program and project priorities, POST standards, and performance evaluations; works with employees to correct deficiencies; implements discipline and termination procedures; responds to staff questions and concerns.
• Contributes to the overall quality of the department’s services by developing, reviewing, and implementing policies and procedures to meet legal requirements and City needs; continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors the distribution Agenda Item No. 7.G.

Revised Attachment 4
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Police Chief

Council Approved:
of work, support systems and internal reporting relationships; identifies opportunities for improvement; oversees change management and implementation.
• Manages the development and administration of the department budget; directs the forecast of additional funds needed for staffing, equipment, and supplies; researches, identifies, and applies for funding from various sources; directs the monitoring of and approves expenditures; directs and implements budgetary adjustments as necessary.
• Oversees the development and management of requests for proposals for professional and/or contracted services; reviews and approves or prepares contract specifications and scopes of work; evaluates proposals and recommends award; negotiates contracts; establishes schedule and performance criteria; administers contracts, supervises the work of consultants, and ensures compliance with specifications and City service quality and regulatory requirements; negotiates claims and disputes with contractors and consultants; approves invoices within signature authority.
• Manages the implementation of an organizational philosophy with an emphasis on community-based services, enforcement efforts and internal supervision, and mentoring of staff; ensures members of the department follow legal and professional requirements for police services and law enforcement and comply with the department’s goals of maintaining direct and effective personal contact with members of the community. • Maintains high visibility and accessibility to the community to achieve positive interaction and understanding of City issues.
• Works to build collaborative partnerships between the Police Department and communities served, focusing on developing proactive solutions and increasing trust in police by encouraging interactive partnerships with relevant stakeholders to develop solutions collaboratively. • Meets with local and regional law enforcement agencies to discuss matters of mutual interest to the communities served; serves as a catalyst to mobilize other city/town/county agencies and services; manages mutual aid agreements with other agencies.
• Reviews results of personnel investigations and makes final recommendation on disposition of issues. • Conducts a variety of organizational and operational studies and investigations; recommends and implements modifications to programs, policies, and procedures as appropriate. • Prepares, reviews, and presents staff reports, various management and information updates, and reports on special projects; makes presentations to the City Council and a wide variety of committees, boards, and commissions.
• Attends and participates in meetings and represents the City to elected officials, state, federal, and regional agencies, regulatory agencies, businesses, professional groups, and in meetings with the public; explains and interprets departmental programs, policies, and activities; negotiates and resolves significant and controversial issues.
• Monitors legal, regulatory, technology and societal changes and court decisions that may affect the work of the department; determines equipment acquisition, training programs and procedural changes to ensure retention of qualified staff and the provision of services to the community in an effective, efficient, and economical manner; stays abreast of new trends and innovations in the field of public safety. • Responds to difficult and sensitive public inquiries and concerns and assists with resolutions and alternative recommendations.
• Ensures staff compliance with all City and mandated safety rules, regulations, and protocols. • Performs related duties as required.

QUALIFICATIONS
Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Education:

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Police Chief

Council Approved:
• Equivalent to a bachelor’s degree in law enforcement, police science, criminal justice, public administration, or a closely related field. A master’s degree is desirable.

Experience:
• Seven (7) years of increasingly responsible sworn law enforcement experience in all major phases of police work including three (3) years of management and administrative responsibilities.

Licenses and Certifications:
• Possession of a current and valid California Driver’s License and satisfactory driving record to be maintained throughout employment. An out-of-state license may be used during the hiring process, but a valid California Driver’s License must be obtained prior to appointment. • Possession of, or the ability to obtain within two (2) years, a valid Management Certificate issued by the California Commission on Peace Officer Standards and Training (POST) to be maintained throughout employment.

Knowledge of:
• Organization and management practices as applied to the development, analysis, and evaluation of programs, policies, and operational needs of assigned area of responsibility. • Principles and practices of employee supervision, including work planning, assignment review and evaluation, discipline, and the training of staff in work procedures. • Principles and practices of leadership.
• Administrative principles, practices, and methods including goal setting, program development, implementation and evaluation, policy and procedure development, quality control, and work standards. • Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.
• Principles and practices of budget and contract management. • General principles of risk management related to the functions of the assigned area. • Principles and philosophies of community policing, including strategic issues and problem solving. • Principles and practices of law enforcement administration, organization, and management. • Applicable federal, state, and local laws, codes, and regulations as well as industry standards and best practices pertinent to the assigned area of responsibility.
• City and mandated safety rules, regulations, and protocols. • Principles and procedures of record keeping, technical report writing, and preparation of correspondence. • Techniques for de-escalation and providing a high level of customer service by effectively assisting with the public, vendors, and City staff.
• Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.

Ability to:
• Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner. • Develop and implement goals, objectives, practices, policies, procedures, and work standards. • Provide administrative, management, and professional leadership for the Police Department. • Prepare and administer large and complex budgets; allocate limited resources in a cost-effective manner. • Understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities.
• Research, analyze, and evaluate new service delivery methods, procedures, and techniques.

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Council Approved:
• Respond to and investigate inquiries and concerns and prepare an appropriate response; effectively resolve conflict within assigned area of responsibility; negotiate and resolve complex issues. • Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of department goals and objectives. • Conduct research, analyze and interpret data, draw conclusions, and summarize and present information, reports, and data in an effective manner.
• Understand, interpret, apply, and ensure compliance with all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.
• Effectively represent the department and City in meetings with governmental agencies; community groups; various business, professional, and regulatory organizations; and in meetings with individuals. • Direct the preparation of and/or prepare clear and concise reports, correspondence, documentation, and other written materials.
• Use tact, initiative, prudence, and independent judgment within general policy and procedural guidelines. • Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments. • Communicate effectively both orally and in writing using the English language. • Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
• Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
• Effectively communicate with the public.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and to visit various City and meeting sites; vision to maintain firearms qualifications and to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds. The job involves periodic fieldwork requiring walking or running or standing on uneven terrain and climbing and descending structures to access crime scenes and to identify problems or hazards; vision and manual dexterity to operate an emergency response vehicle at high rates of speed in emergency situations. Finger and manual dexterity are needed to operate police services equipment and firearms, and to access, enter, and retrieve data using a computer keyboard.

Positions in this classification frequently bend, stoop, kneel, reach, and climb to perform work. Employees must possess the ability to apprehend, lift, carry, push, and pull victims, suspects and equipment as determined within P.O.S.T physical standards, which may include the use of proper equipment.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees also work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with challenging individuals while interpreting and enforcing policies and procedures.

WORKING CONDITIONS
Employees in this classification are subject to on-call, which may include rotating-duty schedule, weekends, evenings, holidays, and 24-hour emergency call out with little or no notice in addition to responding as a Disaster Services Emergency Worker. Attend evening and weekend meetings and/or events, as required.

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Agenda Item No. 8.A.

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SITE
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PREVIOUS APPROVALS
• Rezoning to Planned Development
• Planned Development Use Permit
• Development Agreement
• Initial Study/Mitigated Negative Declaration
• Design Review
• Streambed Alteration Agreement (CDFW)
• Tentative Subdivision Map
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RENDERING
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FINAL SUBDIVISION MAP
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