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HomeMy WebLinkAboutAgenda Packet - CC - 2015.10.19Monday, October 19, 2015 City of Burlingame Meeting Agenda - Final City Council 7:00 PM CLOSED SESSION - 5:45 p.m. - Conference Room A a. Approval of the Closed Session Agenda BURLINGAME CIN HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers b. Closed Session Community Forum Members of the Public May Address the Council on any Item on the Closed Session Agenda at this Time C. Adjournment into Closed Session d. Conference with Labor Negotiator Pursuant to Government Code 54957.6(a) City Negotiators: Leslie Loomis Scott Hunter Lisa Goldman Carol Augustine Glenn Berkheimer (IEDA) Employee Organization: BAMM/Teamsters STUDY SESSION - 6:15 p.m. - Conference Room A a. Discussion concerning Part -Time Employees Compensation Note: Public comment is permitted on all action items as noted on the agenda below and in the non -agenda public comment provided for in item 7. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number of anticipated speakers. All votes are unanimous unless separately noted for the record. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS City of Burlingame Page 1 Printed on 10/15/2015 City Council Meeting Agenda - Final October 19, 2015 (� a. Presentation of the Beautification Award l b. Presentation of the Beacon Award 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approval of City Council Meeting Minutes of October 5 2015 Attachments: 10-05-15min.doc b. Update of the General Fund Reserve Policy for the City of Burlingame Attachments: Staff Report GFOA Revised Analysis Resolution Current General Fund Reserve Policy (redlined) Proposed General Fund Reserve Policy C. Adoption of a Resolution Accepting the Neighborhood Storm Drain Project #7 by D&D Pipelines, Inc. City Project No. 84090 Attachments: Staff Report Resolution Final Progress Payment 9. PUBLIC HEARINGS (Public Comment) 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Approval of a Term Sheet with the San Mateo Union High School District Regarding the Burlingame Aquatic Center at Burlingame High School Attachments: Staff Report Draft Term Sheet City of Burlingame Page 2 Printed on 1011512015 City Council Meeting Agenda - Final October 19, 2015 b. Adoption of a Resolution Approving Changes to the Memoranda of Understandinq Between the City of Burlingame and AFSCME Local 829 and AFSCME Local 2190 and Authorizing the City Manager to execute the Memoranda on Behalf of the City Attachments: Staff Report Resolution AFSCME 829 MOU Signed 10152015 odf AFSCME 2190 MOU Signed 10152015 odf Tentative Agreement Signed 7162015 Tentative Agreement Signed 09152015 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. September Permit Activity 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at (650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT CITY COUNCIL MEETING - Next regular City Council Meeting - Monday, November 2, 2015 VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG - GO TO "CITY COUNCIL VIDEOS" Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose Road during normal business hours. Gny of Burlingame Page 3 Printed on 1011512015 Agenda Item 8a Meeting Date: 10/19/15 �a� CITY G� yBURLINGAME SR$Rwrzo �ux[6�R0 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of October 5, 2015 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Mike McCord. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION CA Kane advised that Council met in Closed Sessions, direction was given, and there were no reportable actions at this time. 5. UPCOMING EVENTS Mayor Nagel reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. PRESENTATION REGARDING CALTRAIN SAFETY As a result of two recent car/train collisions, Mayor Nagel asked DPW Murtuza to discuss the accidents and what if any actions would be taken to prevent future collisions. DPW Murtuza first stated that the two recent car/train accidents were not related to the Broadway interchange construction. Using an overhead shot of the intersection, DPW Murtuza explained how the accidents occurred. He stated that because of the double lights at the intersection paired with the heavy flow of traffic, many people try to push ahead and end up in the area on each side of the train tracks marked "X". He explained that in the last accident the driver was stuck at the signal with the back of her car in the area marked "X." Burlingame City Council October 5, 2015 Unapproved Minutes Agenda Item 8a Meeting Date: 10/19/15 DPW Murtuza stated that he met with Caltrain to investigate what happened and what could be done to improve the intersection. In his meeting with Caltrain, he was assured that the traffic signals, gate and warning bells were properly working. However, the issue is that drivers attempt to get ahead in traffic by inching close to the railroad tracks at the light and don't leave the areas marked "X" empty. Accordingly, in order to increase driver safety transit police will be monitoring these intersections. DPW Murtuza ended by stating he will be meeting with Caltrain again to review additional signage and safety measures for these intersections. Councilmember Brownrigg gave three suggestions to improve the intersection: (1) paint the width of the train on the street so that people understand where the train will be; (2) extend the gate so that it crosses the entire intersection; and (3) lights at the intersection should run with one another, so that it discourages holding. DPW Murtuza replied that he would look into these suggestions. b. REMEMBERANCE OF MAUREEN BROOKS CDD Meeker shared a few words and memories about former colleague Maureen Brooks who passed away. He remembered her spirit and the family bond that she had with her coworkers over her 19 year commitment to the City. She will be deeply missed. 7. PUBLIC COMMENTS Burlingame resident Jeff Loader spoke about the "Cool California Challenge" and encouraged citizens to sign up on www.cachallenge.org. 8. CONSENT CALENDAR Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar, Councilmember Brownrigg removed 8a. Councilmember Brownrigg made a motion to adopt items 8b, 8c, 8d, 8e, of the Consent Calendar; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF SEPTEMBER 21, 2015 CC Hassel -Shearer requested Council approve the City Council meeting minutes of September 8, 2015. Councilmember Brownrigg asked for the meeting minutes to be revised on page 4 paragraph 5 to state "CEO of Mills -Peninsula Medical Center stated that there were no plans at present to build a medical office on the adjoining property and stated that therefore the hospital didn't have a restriction on height of buildings. Councilmember Brownrigg noted that if the hospital were to expand in the future the city would not let the helipad drive the building outcome." Mayor Nagel made an edit on page 7 paragraph 3 correcting the spelling of the word "sever". Councilmember Brownrigg made a motion to adopt the Council Meeting Minutes as amended; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Burlingame City Council October 5, 2015 Unapproved Minutes Agenda Item Ba Meeting Date: 10/19/15 b. APPROVAL OF TEEN LIBRARIAN'S OUT-OF-STATE TRAVEL Lib McCulley requested Council's approval of teen librarian's out-of-state travel. c. APPROVAL OF PUBLIC WORKS DIRECTOR'S ATTENDANCE AT AN OUT-OF-STATE CONFERENCE (THE PUBLIC WORKS SUMMIT) DPW Murtuza requested Council's approval of his attendance at an out-of-state conference (The Public Works Summit). d. ADOPTION OF A RESOLUTION MEMORIALIZING THE CITY COUNCIL'S ACTION WITH RESPECT TO TERRY MCALOON'S APPEAL OF THE PLANNING COMMISSION'S AUGUST 10, 2015 APPROVAL OF APPLICATIONS FOR DESIGN REVIEW AND A HILLSIDE AREA CONSTRUCTION PERMIT FOR MODIFICATIONS TO AN EXISTING SINGLE-FAMILY RESIDENCE AT 2753 BURLINGVIEW DRIVE CDD Meeker requested Council adopt Resolution Number 90-2015. e. ADOPTION OF A RESOLUTION ACCEPTING THE LAGUNA DRAINAGE IMPROVEMENTS BY BAY PACIFIC PIPELINES, INC.. CITY PROJECTY NO 82600 DPW Murtuza requested Council adopt Resolution Number 91-2015. 9. PUBLIC HEARINGS There were no public hearings. 10. STAFF REPORTS AND COMMUNICATIONS a. DISCUSSION AND DIRECTION REGARDING POSSIBLE COUNCIL PAY INCREASE Mayor Nagel introduced this matter by stating that she requested this item as the City Council had not received a pay increase since 1999. She explained that she felt this was a good time to discuss a pay increase because under the law if the Council passed a pay increase it would not benefit a sitting Councilmember (only future Councilmembers) and no current Councilmember was running for office. Furthermore, Mayor Nagel stated that Council now attends an increasing amount of meetings, functions and conferences outside of the City Council meetings. Accordingly, she questioned whether these increased costs may prevent some individuals from running for Council. CA Kane reviewed the staff report stating that the methods for raising pay are set forth in the California Government Code which created a base level of pay of $300 a month. She explained that under the code, if the Council wished to increase their pay it could do so through an ordinance by 5% a year. Therefore, since the Council had not received a pay increase in 16 years, the pay level could be raised by 16 x 5%. The current level of pay for City Councilmembers in Burlingame is $590 a month not including medical benefits. Burlingame City Council October 5, 2015 Unapproved Minutes Agenda Item Ba Meeting Date: 10/19/15 Councilmember Root stated that when it was first discussed to put this on the agenda he had believed that their pay in relation to other city councils in the County would be vastly less. But that when they reviewed the pay of others, this was not the case. Mayor Nagel stated that her suggestion was for a 20 or 25% increase, which would be an additional $135 a month. Vice Mayor Keigbran stated that she strongly opposed a pay increase. She stated that her opposition to a pay increase was because: (1) currently, the pay level for Burlingame City Councilmembers was on the higher end of other cities in the area; (2) Burlingame has several capital improvement projects that need funding and therefore it is not the appropriate time to consider pay increases for the Council; and (3) she believed that individuals should not be seeking council positions for the salary or medical benefits instead individuals should be seeking a seat on the Council because of their desire to represent the community. Councilmember Ortiz agreed with Vice Mayor Keighran, stating that the Council's pay was well within the ranges of other councils in the County. He stated that the City Council needs to send a message that they are keeping their purse strings tight and instead funding what is important for the community. Councilmember Brownrigg stated that while he thanked Mayor Nagel for bringing forward this matter, he agreed with his colleagues that the pay is where it should be. Councilmember Root stated that he was involved with various boards over the years and that they had absorbed the costs of some of their board members to ensure that people of varying backgrounds were on the board. He stated that they should be careful that the City Council is not just made up of individuals that have the means to be on the Council but instead equally represent the population of Burlingame. Mayor Nagel stated that because of the Council's resounding opinion the matter would not be moved to a motion. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS Councilmember Brownrigg requested an update on the Peninsula Avenue project. 13. ACKNOWLEDGMENTS 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 9:09 pm in memory of Maureen Brooks. Respectfully submitted, Meaghan Hassel -Shearer City Clerk Burlingame City Council October 5, 2015 Unapproved Minutes 9DMEETINGREPORT AGENDA NO: 8b 9D MEETING DATE: October 19, 2015 To: Honorable Mayor and City Council Date: October 19, 2015 From: Carol Augustine, Finance Director — (650) 558-7222 Subject: Update of the General Fund Reserve Policy for the City of Burlingame RECOMMENDATION Staff recommends that the City Council discuss and consider modifying the General Fund Reserve Policy based on a refined analysis of the optimal reserve level for catastrophic events. To further the City's goal of sustaining long-term financial strength, the City Council last year approved a supporting strategy "to develop a policy for reserves that addresses how much to reserve and for which events." The City contracted with the Research and Consulting Center of the Government Finance Officers Association (GFOA) for assistance in conducting a risk-based analysis of its General Fund reserve levels. That analysis examined the City's risks, which include vulnerability to extreme events and public safety concerns, revenue source stability, expenditure volatility, liquidity, other funds' dependency, leverage, and capital project funding. The analysis was presented to the Council for their consideration in September 2014. GFOA's recommendation for the City's Economic Stability Reserve was very firm: based on the City's various economically sensitive revenues, a very high Economic Stability Reserve (24 percent of General Fund revenues) was determined to be optimal. The recommendation for a Catastrophic Reserve was more difficult to quantify, due to the lack of historic loss data on earthquake damage to municipal facilities and the potential for extreme events other than earthquakes. The GFOA suggested that the economic impact of a catastrophic event anywhere in the Bay Area is likely to be more severe than the impact on the City's municipal facilities, and that a range (2 — 9 percent of General Fund revenues) would be sufficient for the City. The Council appeared to be comfortable with a relatively higher (risk -averse) level of General Fund reserves, and adopted the current General Fund Reserve Policy in January 2015. In conjunction with this policy, a Renewal and Replacement Reserve was established in the City's Capital Projects Fund. As of June 30, 2015, the City held $13.3 million as an Economic Stability Reserve and $4.5 million as a Catastrophic Reserve in the General Fund. Recently, the GFOA was able to re-examine the issue of optimal reserve strategies for earthquakes. The fresh analysis was supported with more relevant data points than were available last year. The GFOA was also able to recommend a number of other strategies the City may consider to bolster its resiliency in responding to an extreme event. 1 General Fund Reserve Policy Update October 19, 2015 DISCUSSION Establishing a Reserve Strategy for Extreme Events In its analysis last year, the GFOA focused on the risk of earthquakes when determining the optimal reserve level for catastrophic events. The new analysis, contained in an update to their prior year report "A Risk -Based Analysis of General Fund Reserve Requirements for the City of Burlingame" Section 313 "Public Safety and Earthquakes', is attached to this staff report. The update includes a discussion of the various factors that contribute to the level of damage caused by an earthquake. Although geological and geographic factors were considered to be beyond the scope of the analysis, various data points from the 2014 South Napa earthquake provided additional rigor to the previous study. While acknowledging that the severity of an earthquake is dependent on many geological and geographic factors, the GFOA was able to select loss data from cities that fell in a radius of proximity to the epicenter of the South Napa earthquake, and then consider the population and density of each data point. These data points (also referred to as "reference cases") of incurred damages were translated into estimated damages per resident per square mile. After determining an estimated range of damages to the City, the GFOA applied statistical analyses to determine at which point the City gets the most value (in terms of confidence level) for the money it invests in reserves for this contingency. At the low end, the GFOA determined that a $980,000 reserve would provide the City a 50 percent likelihood of being able to cover damages from an earthquake with reserves. On the high end, a $1.7 million reserve would allow the City an 87 percent confidence level. Currently, the 2015-16 fiscal year budget provides for an increase in the City's catastrophic reserve from $4.5 million to $5.0 million. This is roughly 8.2 percent of projected General Fund revenues — at the high end of the previously recommended 2-9 percent range for this reserve. CITY OF BURLINGAME, CA GENERAL FUND BALANCE ASSIGNMENTS Economic Stability Reserve Catastrophic Reserve General Plan Reserve Contingency Reserve Subtotal, Assigned Fund Balance Add: Unassigned Fund Balance Total, Ending Fund Balance FY14-15 Adjusted FY15-16 Budget Projected $ 13,300 00 4 500,000 4,500,000 51000,00 0 500,000 500,000 18,300,000 20,000,000 5,779,054 5,059,859 $ 24,079,054 $ 25,059,859 It Based on the GFOA analysis, staff recommends that the Catastrophic Reserve be decreased from the current $4.5 million level to $2 million. Although this is a slightly higher level of reserve 2 R General Fund Reserve Policy Update October 19, 2015 than the high end of the range recommended in the analysis, it recognizes the Council's conservative disposition in regards to adequate reserves, while retaining the City's ability to recover from an extreme event. As noted by GFOA, relying exclusively on reserves for extreme events involves important opportunity costs. As the City continues to seek financing mechanisms for a large list of unfunded needs, the additional $2.5 million may best be put to work in the City's Renewal and Replacement Reserve. Several recommendations were provided to help the City develop a more robust strategy to cover the potential of damages in excess of the reserve target. These recommendations included the use of other financing tools such as debt and insurance. The City could consider debt strategies such as a contingent capital arrangement with an external lender. However, the recommendation to consider inter -fund borrowing to provide resources needed to cover excess damages of a catastrophic event seemed the most practical debt strategy for Burlingame. Staff has included a provision for inter -fund borrowing in the proposed revisions to the City's General Fund Reserve Policy attached to this report. In addition, the GFOA recommended the City consider "parametric" insurance that would cover the City by a defined amount should a defined event occur (such as an earthquake of a given magnitude.) The City is a member of the Associated Bay Area Governments Pooled Liability Assurance Network Corporation (ABAG PLAN), a public -entity risk pool that is currently investigating this and other insurance vehicles for its member cities. Staff will follow the progress in this area to see if such an arrangement would be cost -beneficial for Burlingame. FISCAL IMPACT Any reduction to the City's Catastrophic Reserve will be offset with an increase in the Renewal and Replacement Reserve in the City's Capital Projects Fund. This reserve was established to provide at least partial funding of the City's most immediate facilities' needs, as the City's remaining capacity for debt is limited. .The use of other financing tools such as debt and insurance can ensure a more robust and efficient strategy for responding to extreme events as opposed to reserves alone. A General Fund reserve policy based upon the needs of the City and specific risk conditions faced by the City will help ensure financial solvency through fiscal emergencies, provide guidelines for sound financial management with an overall long-range perspective, and enhance the transparency of the City's financial management. As such, the policy should help maintain the City's excellent credit rating and help determine when and whether to issue debt in order to advance major capital initiatives. Exhibits: • GFOA Risk -Based Analysis of General Fund Reserve Requirements for the City of Burlingame — Revised Section 3-13: Public Safety and Earthquakes • Resolution adopting revisions to a General Fund Reserve Policy for the City of Burlingame. • Current General Fund Reserve Policy (redlined) • Proposed General Fund Reserve Policy 3 B. Public Safety and Earthquakes Reserves are important for responding quickly and decisively to extreme events, such as natural disasters. In Burlingame, the type of extreme event that is of greatest concern is earthquakes, but other types of extreme events are possible, ranging from other natural disasters like a storm/tsunami/mudslide to man-made calamities, such as the 2010 San Bruno natural gas pipeline explosion. GFOA focused on the risk of earthquakes since that seems to be the most plausible of extreme events for which the City is at risk. The Loma Prieta earthquake in 1989 measured a 6.9 on FEMA and Reserves While the Federal Emergency Management Agency reimburses local governments for monies spent in response to a federally -declared disaster, the reimbursement is only partial (typically 75 percent) and does not occur right away. Therefore, local governments must have the financial capacityto respond immediately and decisively, independent of FEMA's financial support. the Richter scale. While municipal records from the event are not readily available, GFOA obtained data from three cities (Morgan Hill, Hollister, and Menlo Park) on damages they experienced. To further supplement the information, GFOA looked at more recent damages experienced from the South Napa earthquake in 2014. It is important to note that the City of Napa is located along two fault lines and was the epicenter of the 2014 earthquake.' Because Burlingame is not located along a fault line, and thus could not be an epicenter of an earthquake, we removed Napa from our sample and drew from experiences of other municipalities that were affected by the 2014 South Napa earthquake. We further emphasize that the analogues may not reflect what Burlingame might experience. The severity of an earthquake depends on several factors, including magnitude, density of an area, depth of the earthquake, distance from the epicenter, local geological conditions, secondary effects (e.g., floods, landslides, fires), and architecture? Accounting for geological and geographic factors is beyond the scope of our analysis, but we can consider population and density. For the select earthquake events listed in Exhibit 3.9 we summarize statistics on each respective city's population at the time of the earthquake, land area (in square miles), and resident per square mile. By way of comparison, Burlingame is smaller in terms of both population and land area than the average city in the sample set, but it is much denser. Burlingame's current estimated population is 29,685; its land area is 4.41 square miles; and its density is 6,731 residents per square mile. 1 Christine Beyzaei, Jonathan Bray, Julien Cohen-Waeber, Tim Dawson, Les Harder, Ken Hudnut; Keith Kelson, Tadahiro Kishida, Robert Lanzafame, Roberto Luque, Dan Ponti, Michelle Shriro, Nicholas Sitar, Nathaniel Wagner, and John Wesling, "Geotechnical Engineering Reconnaissance of the August 24, 2014 M6 South Napa Earthquake," GEER Association Report No. GEER-037, (Washington, DC: National Science Foundation, 2014) http://www.geerassociation.org/GEER Post%20EQ9'20Reports/South Napa 2014/GEEK SouthNapa 01-08- 2015 reduced.pdf. z Sarah Zielinski, "Seven Factors that Contribute to the Destructiveness of an Earthquake," Smithsonian, February 23, 2011, http•//www smithsonianmae com/science-nature/seven-factors-that-contribute-to-the-destructiveness- of-an-earthquake-44395116/. 1989 Loma Prieta 6 9 Hollister 19,212 7.29 2,635 Menlo Park 28,040 9.79 2,864 Morgan Hill 23,928 12.88 1,857 Mean 23,727 9.99 2,452 2014 South Napa 6.0 American Canyon 20,001 4.84 4,132 Benicia 27,454 12.93 2,123 Calistoga 5,224 2.60 2,009 Vallejo 118,470 30.67 3,863 Yountville 2,933 1.56 1,880 Mean 34,816 10.52 2,802 TOTAL MEAN 30,658 10.32 2,671 Sources: U.S. Census Bureau Exhibit 3.10 shows the estimated total damages incurred by each city for the respective earthquakes as well as the estimated cost compared to population, land size, and density. As shown in the exhibit, the damages vary greatly by city. The damages that Calistoga incurred in the 2014 South Napa earthquake and what Hollister incurred in the 1989 Loma Prieta earthquake reflect the lower and upper range of this sample set. When we account for factors like population, land size, and population density, Calistoga and Hollister continue to represent the ranges, though Yountville did experience greater damages per square mile than any other city represented in the exhibit. 198891sT ma 6.9 Hollister' $1,287,938 $67 $176,672 $489 Menlo Park° $84,193 $3 $8,600 $29 Morgan Hill` $336,009 $14 $25,084 $181 Mean $569,380 $28 $70,452 $233 2014 South Napa 6.0 American Canyon $66,774 $3 $13,796 $16 Benicia $67,076 $2 $5,188 $32 Calistoga $7,625 $1 $2,933 $4 Vallejo $633,462 $5 $20,654 $164 Yountville $314,504 $107 $201,605 $167 Mean $217,888 $24 $48,835 $77 TOTAL MEAN $349,697 $25 $56,941 $135 'Figures forth is earthquake were provided by the City of Hollister, CA, and are estimates. Figures forth is earthquake were provided by the City of Menlo Park, CA. FEMA did not assist in this event. `Figures for this earthquake were provided by the City of Morgan Hill, CA, and are estimates. Sources: City of Hollister, CA, City of Menlo Park, CA, U.S. Federal Emergency Management Agency, and U.S. Census Bureau Developing a reserve strategy for an earthquake is more complicated than the other risk factors we have considered so far because an earthquake is a low probability event with potentially extreme consequences. Unlike, for example, a recession, which we can say will almost certainly happen within the foreseeable future due to the normal ups and downs the economy experiences, Burlingame may not experience another earthquake for many years. For a risk like revenue instability (due to a recession), it makes sense to reserve an amount that is within the relatively well-defined range suggested by Burlingame's historical experiences because we know that: A) a recession will happen in the foreseeable future, and B) certain tax revenues will decline by a roughly predictable amount at that time. To deal with the unique problems posed by the earthquake risk, we turn to the emerging field of municipal "resiliency.i' Resiliency is defined as a city's ability to absorb an extreme event and bounce back from it. Further, resiliency is enhanced when a city has multiple options to respond to an extreme event. When considering financial preparedness to respond, a municipality has three basic options. • Reserves. Reserves are under the complete control of a city, thus providing the most flexibility. • Debt. A city could access the debt market to pay for costs of responding. • Insurance. A city could purchase insurance to provide reimbursement of costs incurred. 3 See for example, the Rockefeller Foundations "100 Resilient Cities" program, of which GFOA is a partner. A www.100resil ientcities.orx For a low probability event with potentially extreme consequences, there are disadvantages to relying exclusively on reserves. Chief among these drawbacks is the fact that it would take a long time to accumulate sufficient reserves to cover the costs associated with a catastrophic event, and there are important opportunity costs to holding these monies in reserve. For example, the City could use the money to lower taxes or provide more services. The resiliency philosophy suggests that we should think about how all three options could be used to create financial preparedness to deal with an earthquake. In order to think about how the three funding mechanisms above might apply to the City of Burlingame's financial preparedness strategy for an earthquake, we first need to better define the range of damages Burlingame could experience. We first translated the reference cases described in Exhibit 3.10 to a range of hypothetical damages the City might experience. To do this, we updated the estimated damages per resident per square mile from each of the cities (ranging from $4 to $489) based on rates of inflation since the damages were recorded. Applying these results to Burlingame's current density of 6,731 residents per square mile yields an estimated range of damages to the City of $25,500 to $3.3 million. Second, we must account for eventual FEMA reimbursement of the damages. Because not all of the total costs will occur immediately, we assume that Burlingame will need to be prepared to fund the first- year costs on its own. This recognizes an assumed time lag between when an event occurs and when FEMA reimbursement would be received. Using reimbursement experiences of other California municipalities that GFOA has worked with, we reduce the total estimated damages to 79.5 percent to reflect what the City would spend within the first year. This amounts to a range from approximately $20,300 to $2.6 million. The range of $20,300 to $2.6 million is still too vast to be of much help in making decisions about Burlingame's financial strategy. Therefore, we assume potential earthquake damages take the shape of a bell curve, where the City is much more likely to experience a minor earthquake than an extreme earthquake Exhibit 3.11 provides a distribution of the potential damages the City would need to cover in the first year after an earthquake. The horizontal axis depicts two figures, with the top figure representing the amount needed within the first year (in 100,000 of dollars). The bottom figure represents the portion of risk covered by the dollar amount above. For example, if the City were to reserve $940,000, it could be 50 percent confident that it would be able to cover all the costs of responding to an earthquake in the first year after the quake. Put another way, it is 50 percent likely that Burlingame would be able to cover all of the first-year costs of an earthquake with $940,000. The vertical axis repeats the percent of likely future earthquake damage Burlingame would be able to cover. For example, the 50 percent mark vertical axis intersects with the red line at a reserve of $940,000. The shape of the red line on the graph is critical — as we move to the right, we see that at higher levels of reserves there are smaller and smaller increases in the levels of confidence Burlingame gains. This is because the right hand side of the graph represents increasingly extreme and, therefore, increasingly unlikely possible future earthquakes. 4 GFOA used standard statistical procedures to turn the data from exhibit 10.3 into a normal distribution. Of course, the City can be more confident by setting aside more reserves. But to be completely confident the City would need to reserve a very high amount and, as we discussed earlier, there are significant opportunity costs in doing so. Instead, the City might consider how reserves, debt, and insurance can work together. First, let's establish some basic principles about how these three tools work together. • Reserves make the most sense at the left-hand side of the curve. Here the City gets the most "bang for the buck" because each extra dollar of reserves buys the greatest increases in confidence. • Debt is probably the most useful nearer to the middle of the curve. The middle of the curve represents severe but not catastrophic damage. Here, the City would likely need to fund a significant response to an earthquake, but the City's tax base would not be so impaired (e.g., stores closed and residents dislocated on a long-term basis) that paying back the debt would be problematic. • Insurance is probably most useful nearer to the right-hand side of the curve. The right-hand side of the curve represents catastrophic damage. In this case, the City' tax base might be impaired for a significant time period making repayment of debt difficult. Further, the premium payments for insurance coverage for only a catastrophic event would be less than for coverage that includes both severe and catastrophic events. Based on the figures displayed in Exhibit 3.11 the City starts to receive diminishing increases in confidence by investing additional monies into a reserve starting at about $940,000. The City receives about a 7 percent increase in confidence for every $100,000 it puts in reserve up to this amount. After $940,000, confidence increases at a decreasing rate such that, by the point where the City reaches $1.6 million in reserves, an additional $100,000 million only provides less than a 3.5 percent increase in confidence. This pattern suggests the following range for reserves: • On the low end, $940,000. This is point at which the City gets the most value for the money it invests in reserves. It results in the City having over 50 percent likelihood of being able to cover all first-year damages from an earthquake with reserves. • On the high end, $1.6 million. This is the point at which an additional $100,000 invested in reserves provides only half the benefit of investments made at the low end of the range. It is also the point at which the City can be 86 percent confident it can cover all first-year damages from an earthquake with reserves. For potential damages in excess of the reserve target the City selects, the City should consider other financing tools like debt and insurance. The scope of this analysis is limited to reserves, so GFOA cannot provide more specific guidance on the exact points on the curve in Exhibit 3.11 at which the City should consider debt versus insurance, but we can provide the following recommendations to help the City develop a more robust strategy. Develop a contingent capital arrangement. For damage levels at which the City chooses to use debt, the City should arrive at pre -arranged terms with a lender to be able to access a loan when the need arises. This will eliminate the need to negotiate terms during high -stress periods in the aftermath of an extreme event, and the City will have a much more favorable negotiating position before an event than immediately after. Consider inter -fund borrowing. A loan does not necessarily have to come from an external creditor. If the City has resources in other funds that are not likely to be compromised by a severe earthquake, the City could use inter -fund borrowing to provide the resources needed by the General Fund. Similar to a contingent capital agreement with an external lender, the City should develop a robust internal borrowing policy prior to an event to govern the terms of the loan. Consider "parametric" insurance in addition to traditional indemnity insurance. Indemnity insurance is the type of insurance that most cities have traditionally purchased, where the insurance corresponds to the value of the assets being insured and reimbursement is paid out after a certain deductible has been met. The advantage of traditional indemnity insurance is that there is a known damage threshold past which the City is covered. Parametric insurance is a newer type of insurance for providing coverage for extreme events, having gained popularity in the last 15 years or so. Parametric coverage provides the policy holder (the City) with a payment amount that is defined ahead of time, should a defined event come to pass (an earthquake of a given magnitude). Parametric insurance could be more useful for providing an injection of liquidity because the holder of the policy receives the defined payment immediately upon verification by a third party that the given event occurred, which usually would be within a matter of days. As a simple illustration, a parametric policy might provide the City of Burlingame with $10 million upon the occurrence of a 7.0 magnitude earthquake, after the U.S. Geological Survey verifies the magnitude of the quake. This feature of parametric insurance also eliminates much of the administrative hassle that would be associated with a traditional indemnity policy (e.g., working with claims adjusters). A final advantage is that the proceeds from the policy payout are completely fungible —the City could use them to fund whatever service it deems necessary, whereas indemnity policies might require the policy holder to use the funds to repair or replace the asset that was insured. An important disadvantage of parametric insurance is that the policy is triggered by the magnitude of the event, not the damages incurred by the City. So, if the City were to experience a 6.9 magnitude quake, to continue our previous example, it would receive nothing from a parametric policy regardless of the damages it experienced. A robust insurance strategy could make use of both traditional indemnity and parametric insurance. For example, traditional indemnity insurance could be used to protect against loss of the City's assets, while parametric insurance could be used to compensate the City for the losses in tax revenue it would experience from an impaired tax base, for instance. 4 f Implied Reserve Component for Extreme Events/Public Safetv • A reserve between $940,000 and $1.6 million would provide Burlingame with between 50 percent and 86 percent likelihood, respectively, of covering the total first-year costs using just its reserves. • The City should supplement its earthquake resiliency strategy with other financing tools such as debt instruments and insurance. • The City could replenish the reserve through reimbursements it receives from public agencies and its insurance provider. • The City could develop an inter -fund borrowing policy for emergency short-term loans to meet more immediate cash flow needs that may result from extreme events. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A RESERVE POLICY FOR THE CITY'S GENERAL FUND WHEREAS, the City of Burlingame wishes to support its goal of sustaining long-term financial strength through the establishment of a clearly articulated reserve policy; and WHEREAS, reserves are the cornerstone of financial flexibility, providing options for responding to unexpected issues and a buffer against economic downturns and other forms of risk; and WHEREAS, in 2014 the City engaged the services of Research and Consulting Center of the Government Finance Officers Association (GFOA) to provide a risk-based analysis and recommendation for appropriate reserves for the City; and WHEREAS, the GFOA analysis determined that the City should retain an Economic Stability Reserve to protect and preserve City services from dramatic drops in General Fund revenues that are highly sensitive to economic conditions; and WHEREAS, the GFOA analysis also determined that the City should retain its Catastrophic Reserve to provide for the cost of repairs to City buildings and facilities caused by natural disasters or other catastrophic events; and WHEREAS, based on an updated analysis of the probable impact of an earthquake or other infrequent but consequential event, the GFOA provided a lower optimal target reserve level recommendation for the City's Catastrophic Reserve; and WHEREAS, the GFOA suggests that infrequent but consequential events can best be covered by a blend of reserve, debt and insurance strategies; and WHEREAS, the General Fund Reserve policy should be reviewed at least annually, to safeguard its effectiveness and relevance to the City's long-term needs, and to ensure that the policy remains current with government financial best practices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: The General Fund Reserve Policy as revised for the City of Burlingame and shown on the attached Exhibit A is hereby adopted. Terry Nagel, Mayor I, Meaghan Hassel -Shearer, City Clerk, City Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 19t' day of October, 2015, by the following vote to wit: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk City of Burlingame, California Financial Policy Document General Fund Reserve f Adoption Date: January20October 19, 2015 Last Revision Date: January 20, 2015 Owner Department: Finance I. Introduction A General Fund reserve helps ensure that the City of Burlingame (the City) can provide consistent, uninterrupted municipal services in the event of economic disruption or an extreme event. Two of the City's primary revenue sources, the transient occupancy tax and sales tax, are known to be sensitive to downturns in the economy. Further, like many other California cities, Burlingame must be prepared for seismic and other catastrophic events that could threaten its long term fiscal health. This policy establishes the amounts the City will strive to maintain in the General Fund reserve, how the reserve will be funded, and the conditions under which the reserve may be spent. II. Amounts Held in Reserve The City of Burlingame will strive to hold the amount listed below as "assigned" General Fund balance, expressed as a percentage of the City's annual operating expenditures for the t General Fund. These amounts are expressed as goal ranges, recognizing that fund balance l levels can fluctuate from year to year in the normal course of operations for any local government. The reserves are broken into three separate categories, each with their associated target amount of reserves: ■ 24 % of budgeted revenues - Economic Stability Reserve. Available to protect and preserve City services from dramatic drops in General Fund revenues that are highly sensitive to economic conditions, mainly transient occupancy taxes and sales taxes ■ 2" 9' 46 of budgeted reeve ijes$2,000,000 - Catastrophic Reserve. Available to make repairs and reconstruct City buildings and facilities that may be damaged by natural disasters or acts of war or terrorism • $500,000 - Contingency Reserve. Available to cover unexpected expenses that may arise during the course of the fiscal year that were not considered during budget planning If, based on the Finance Director's analysis and forecasting, the target balance is not being met or is likely not going to be met at some point within a five-year time horizon, then a plan to meet the target balance will be developed. This plan will then be presented to the City Council for consideration. III. Funding Reserve Targets Funding of unrestricted fund balance targets will come generally from one-time revenues, unusually high yields from transit occupancy taxes or sales taxes, and projected revenues in ! Page 1 of 3 City of Burlingame, California Financial Policy Document General Fund Reserve excess of projected expenditures. They will generally be reserved in the following priority order: 1. Economic stability reserve 2. Catastrophic reserve IV. Conditions for Use of Reserves A. Use of Reserves It is the intent of the City to limit use of the General Fund reserves to address unanticipated, non-recurring needs or known, planned future obligations. Reserves shall not normally be applied to recurring annual operating expenditures. The reserves may, however, be used to allow time for the City to restructure its operations in a deliberate manner (such as might be required in the case of a severe economic downturn), but such use will only take place in the context of an adopted long-term plan to reach a sustainable structure. The City may only use up to 50% of the reserve for Economic Stability to continue operations without reductions in any one year of economic difficulty. The use of the reserve is limited in this way so that the balance of the reserve would be available to help the City address any additional financial problems that the City could confront after adoption of a subsequent year's budget. B. Authority to Use Reserves The City Manager may authorize the use of reserves unless that use would cause the City's reserves to drop below 2625% of the city's regular annual operating general fund revenues. Any proposed use that would cause the reserves to be below this amount must be approved by the City Council, by majority vote. In all cases, the City Council and management shall only use reserves for purposes consistent with the purposes described in Policy IV -A above. C. Authority for Interfund Borrowing The City Manager may authorize inter -fund borrowing in the event that resources are needed by the General Fund to recover from damages incurred in a catastrophic event that exceed the amount available in the Catastrophic Reserve. Borrowed funds can be provided from any other funds that are not fiscally compromised by the event, and will be reimbursed at a rate determined by the City's overall portfolio yield. Q_Replenishment of Reserves In the event the City Council authorizes use of the reserves, the City Manager shall propose a plan for the replenishment of the reserves to the City Council. The City will strive to replenish the reserves within one year of use, but will make every reasonable effort to fully replenish them within five years of use. Page 2 of 3 City of Burlingame, California Financial Policy Document General Fund Reserve V. Annual Review of Policy The General Fund Reserve policy will be reviewed at least annually, and discussed if changes are necessary, to safeguard its effectiveness and relevance to the City's long-term needs, and to ensure that the policy remains current with government financial best practices. Page 3 of 3 City of Burlingame, California Financial Policy Document General Fund Reserve Adoption Date: October 19, 2015 Last Revision Date: January 20, 2015 Owner Department: Finance I. Introduction A General Fund reserve helps ensure that the City of Burlingame (the City) can provide consistent, uninterrupted municipal services in the event of economic disruption or an extreme event. Two of the City's primary revenue sources, the transient occupancy tax and sales tax, are known to be sensitive to downturns in the economy. Further, like many other California cities, Burlingame must be prepared for seismic and other catastrophic events that could threaten its long term fiscal health. This policy establishes the amounts the City will strive to maintain in the General Fund reserve, how the reserve will be funded, and the conditions under which the reserve may be spent. II. Amounts Held in Reserve The City of Burlingame will strive to hold the amount listed below as "assigned" General Fund balance, expressed as a percentage of the City's annual operating expenditures for the General Fund. These amounts are expressed as goal ranges, recognizing that fund balance levels can fluctuate from year to year in the normal course of operations for any local government. The reserves are broken into three separate categories, each with their associated target amount of reserves: 24 % of budgeted revenues - Economic Stability Reserve. Available to protect and preserve City services from dramatic drops in General Fund revenues that are highly sensitive to economic conditions, mainly transient occupancy taxes and sales taxes • $2,000,000 - Catastrophic Reserve. Available to make repairs and reconstruct City buildings and facilities that may be damaged by natural disasters or acts of war or terrorism • $500,000 - Contingency Reserve. Available to cover unexpected expenses that may arise during the course of the fiscal year that were not considered during budget planning If, based on the Finance Director's analysis and forecasting, the target balance is not being met or is likely not going to be met at some point within a five-year time horizon, then a plan to meet the target balance will be developed. This plan will then be presented to the City Council for consideration. III. Funding Reserve Targets Funding of unrestricted fund balance targets will come generally from one-time revenues, unusually high yields from transit occupancy taxes or sales taxes, and projected revenues in Page 1 of 3 City of Burlingame, California Financial Policy Document General Fund Reserve J excess of projected expenditures. They will generally be reserved in the following priority order: 1. Economic stability reserve 2. Catastrophic reserve IV. Conditions for Use of Reserves A. Use of Reserves It is the intent of the City to limit use of the General Fund reserves to address unanticipated, non-recurring needs or known, planned future obligations. Reserves shall not normally be applied to recurring annual operating expenditures. The reserves may, however, be used to allow time for the City to restructure its operations in a deliberate manner (such as might be required in the case of a severe economic downturn), but such use will only take place in the context of an adopted long-term plan to reach a sustainable structure. The City may only use up to 50% of the reserve for Economic Stability to continue operations without reductions in any one year of economic difficulty. The use of the reserve is limited in L this way so that the balance of the reserve would be available to help the City address any l additional financial problems that the City could confront after adoption of a subsequent year's budget. B. Authority to Use Reserves The City Manager may authorize the use of reserves unless that use would cause the City's reserves to drop below 25% of the city's regular annual operating general fund revenues. Any proposed use that would cause the reserves to be below this amount must be approved by the City Council, by majority vote. In all cases, the City Council and management shall only use reserves for purposes consistent with the purposes described in Policy IV -A above. C. Authority for Interfund Borrowing The City Manager may authorize inter -fund borrowing in the event that resources are needed by the General Fund to recover from damages incurred in a catastrophic event that exceed the amount available in the Catastrophic Reserve. Borrowed funds can be provided from any other funds that are not fiscally compromised by the event, and will be reimbursed at a rate determined by the City's overall portfolio yield. D. Replenishment of Reserves In the event the City Council authorizes use of the reserves, the City Manager shall propose a plan for the replenishment of the reserves to the City Council. The City will strive to replenish the reserves within one year of use, but will make every reasonable effort to fully replenish them within five years of use. Page 2 of 3 City of Burlingame, California Financial Policy Document General Fund Reserve V. Annual Review of Policy The General Fund Reserve policy will be reviewed at least annually, and discussed if changes are necessary, to safeguard its effectiveness and relevance to the City's long-term needs, and to ensure that the policy remains current with government financial best practices. Page 3 of 3 BURL,INGAME STAFF REPORT AGENDA NO: 8c MEETING DATE: October 19, 2015 To: Honorable Mayor and City Council Date: October 19, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Adoption of a Resolution Accepting the Neighborhood Storm Drain Project #7 by D&D Pipelines, Inc., City Project No. 84090 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution accepting the Neighborhood Storm Drain Project #7 by D&D Pipelines, Inc., City Project No. 84090, in the amount of $434,776. BACKGROUND On March 16, 2015, the City Council awarded the Neighborhood Storm Drain Project #7 to D&D Pipelines, Inc., in the amount of $382,200. The project consisted of the installation of 415 linear feet of storm drain pipe lines by open trench construction method; installation of 152 linear feet of cured in place pipe; installation of 1,469 linear feet of new curb and gutter; installation of 100 linear feet of concrete swales; and concrete work on driveways/sidewalks and related appurtenances. DISCUSSION The project has been satisfactorily completed in compliance with the plans and specifications. The final construction cost of $434,776 is $52,576, or approximately 13.8%, above the original contract and is within the Council authorized contingencies. The increase in cost was for additional concrete sidewalk, curb, and gutter work on Capuchino and Paloma Avenues due to poor subgrade; construction of two curb ramps at the intersection of Adeline Ave. and Cabrillo Ave.; repairs to a storm drain culvert prior to the installation of the cured in place pipe; and field adjustments to contract quantities. FISCAL IMPACT The following are the estimated final project expenditures: Construction $434,776.00 Construction Inspection & Testing $37,160.00 Construction Engineering & Administration $40,064.00 Total $512,000.00 1 Resolution Accepting the Neighborhood Storm Drain # 7 Project by D&D Pipelines, Inc. October 19, 1015 There are adequate funds available in the Storm Drainage Capital Improvement Program budget to cover these costs. Exhibits: • Resolution • Final Progress Payment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ACCEPTING THE NEIGHBORHOOD STORM DRAIN PROJECT #7 BY D&D PIPELINES, INC. CITY PROJECT NO. 84090 RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby find, order and determine as follows: 1. The Director of Public Works of said City has certified the work done by D&D Pipelines, Inc., under the terms of its contract with the City dated April 17, 2015, has been completed in accordance with the plans and specifications approved by the City Council and to the satisfaction of the Director of Public Works. 2. Said work is particularly described as City Project No. 84090. 3. Said work be and the same hereby is accepted. Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 19u' day of October, 2015, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk N�� c�0iirm d N NO m u+ O m IUN Q ui C 7 O E O ❑ H F 0 O 0 O o h N iR O 0 h 0 o 0 O Q o m (9 0 N 0 O 0 O O pl M O 0 0 0 0 O 0 O O V N 49 O 0 0 o 0 O 0 N m CI a0 19 0 0 n 0 O 0 O r Q !9 0 0 o 0 O 0 m m N O � 0 o 0 o 0 O O m fA O 0 a o 0 O 0 O w r m M O 0 o 0 O 0 O Q Cl f9 0 0 o 0 O 0 O O O N f9 O 0 0 0 0 o O O o_ W 0 0 0 o 000000 O O O m bi O 0 0 o m o O O O O W O O r Hf df O o 000(6Ez 0 0 m 0 0 � r W m 0 0 t m N N M N O f9 f9 o 0 o m ry 0 0 0 0 O o o00o Nm m O O w r m r f9 (9 Mm r r 0 r Q m m N QM E9 f9 m . NN NW O C"O d❑ v >' Z w a w z ui va m J a` d N N N ❑Ln N a Q J J a Q Q J J J J J�UI N J jE�❑ o�-p� U O ¢ U N J W W J W W W W m a i c E� 5 E w � U °- m m v I°- •- m N 0 m N w o 0 N m oQ m a a OIC � v p m OL W ❑ C ❑ N O~ ..v W m W c o >W rn o w -v° o � ~ '^ we a O m 0 w O Q m Q v a ❑ U I Oi C • t N FA?' 41 41 v v m ma E w w a m m m iq d "N • w ¢ e UO Em a N d N Z C5~ RV i� N a ❑ U N LL c "rn .N- c v O a c m e r a E K-Ww c x ° m m c E U o � o °`rn U m o3U-9 i 2. �• Z..a 0 UI N .>16 O J O C Q❑l U O y m Z_ N U o C d 0_. C_ p� u N N D L N C 3 OJm O E a O. �° nt E O vmQ 9a❑ ov m °aEa apDn POavcE �Cr7 aKrp U mmmjm�jmr�ucvmi ce p❑ .=2Um_ ❑UvD¢ a�o vi cmN o v°° ¢3v �°W L❑o z¢m° 3° o ymmc 2a> O p m E m W O mNo U m°0 c° : E E mm❑ U b oa WZ p N 4J a EO > c rnNrn°m7 ' pm�vecn $c 0d¢ do, Umvl 0 O� mwj U O Z U m Um w-6 `o # w = > u QK y[ co 0 O Z Lo m OU pEj w L) ¢ U a - Ei a` l< u aSTAFF REPORT AGENDANO: 10a MEETING DATE: October 19, 2015 To: Honorable Mayor and City Council Date: October 19, 2015 From: Lisa K. Goldman, City Manager — (650) 558-7243 Subject: Approval of a Term Sheet with the San Mateo Union High School District Regarding the Burlingame Aquatic Center at Burlingame High School RECOMMENDATION Staff recommends that the City Council approve the attached Term Sheet with the San Mateo Union High School District (SMUHSD, the District) regarding the Burlingame Aquatic Center at Burlingame High School (BHS). BACKGROUND In November 1997, the City and the District entered into an agreement to jointly fund the construction and ongoing repair, improvements, and operations of a new 25 -yard pool at BHS. The agreement included terms regarding scheduling of the facility, maintenance, record keeping, and the distribution of costs, with the City paying 65%, plus 5% overhead, for all routine maintenance and operations, and the District paying the remaining 35%. The agreement describes non -routine maintenance (or capital expenditures) as "Extra Work" and notes, "It is agreed that extra work falls outside the normal scope of this contract. CITY and DISTRICT must meet in good faith and negotiate how such extra work is to be performed and how any costs caused by such extra work shall be apportioned by the two parties." The term of the agreement is 25 years (ending November 19, 2022), with an automatic five-year extension unless either party provides written notice six months in advance that they wish to review or terminate the agreement. In August 1999, after an anonymous donor agreed to provide funding to upgrade the 25 -yard pool facility into a 50 -meter pool, the City and the District approved a first amendment to the original agreement. The amended agreement expanded the hours that the facility could be open and made various other changes. No changes were made to the cost allocation formula referenced above or to the "Extra Work" provision or term of the agreement. Between the time the pool opened and 2011, the City operated the community programs at the pool, including recreational swimming, lap swimming, swim lessons, and fitness classes, and managed the scheduling. In 2011, the City contracted with the Burlingame Aquatic Club (BAC) to operate these programs on the City's behalf. BAC was already managing competitive programs in adult and youth swimming and water polo at the pool. 1 Burlingame Aquatic Center Term Sheet DISCUSSION October 19, 2015 The City and the District have been engaged in negotiations regarding a new agreement for the Burlingame Aquatic Center for the past several years. The City Manager and the Superintendent have reached agreement on the attached Term Sheet, which will be developed into an agreement for adoption by the City Council and the District's Board of Trustees (the Board). The City Council and the Board have also discussed and agreed in concept to the draft Term Sheet. The key provisions of the draft Term Sheet are: • The City will pay 78% for maintenance and operating expenses, and the District will pay 22%. The City's share, which is higher than that paid under the prior agreement, is reflective of the City's/BAC's greater use of the facility. • The pool is now fifteen years old and will require capital improvements. Earlier this year, the District commissioned Aquatic Design Group (ADG) to conduct a facility audit of the aquatic center. This audit, which still must be finalized, will help the City and the District jointly develop a ten-year and 20 -year capital replacement program. City staff and District staff will meet annually in February or March to discuss maintenance and capital needs for the following fiscal year so that both agencies can budget appropriately for planned expenditures. • In keeping with past practice, the City and the District will split capital expenses identified in the amended ADG report on a 50-50 basis. The District will bill the City as a project is undertaken, and the City will pay for the work or the asset at that time. Should the agreement ` terminate early for any reason, and the asset or project still has a remaining "useful life," then the District will repay the City for the funds spent according to the remaining life of the asset. The draft Term Sheet contains an example of how this repayment would work. • The new agreement will expire on January 1, 2026, a three-year extension. The City and the District will meet over the next three years to work toward a longer-term extension of the agreement. • The annual pool maintenance closure period has been changed from December 1 — January 31 to no more than two of the following windows: November 15 — December 15, January 15 — January 31, and the week of the District's spring break. Emergency repairs can be done outside of these windows to minimize pool downtime. Major construction can also be done at other times of the year but will be subject to agreement between the City and the District. The District will provide the City with a 90 -day notice of the closure period, except in emergency situations. If available, the District will make every effort to assure that either the San Mateo High School Pool or the Capuchino High School pool is available when the aquatic center is anticipated to be closed longer than one week. Both of these facilities have locker rooms separate from the main school locker rooms, thus making it easier to ensure locker room access for patrons at the alternate facility. The City will pay the District's labor costs to open and close the alternate facility, perform routine maintenance, etc. during the BHS pool closure. The City will also pay 50% of the standard facility use fees (the non-profit rate) at the alternate pool(s) during the closure. The City will not pay expenses at the BHS pool during the closure, except those associated with projects undertaken during the closure. 2 Burlingame Aquatic Center Term Sheet October 19, 2015 • The City and the District will split the pool in half (ten lanes each) during all shared use times. With limited exceptions, shared use times are: o Monday to Friday: 5:30 a.m. to 7:30 a.m. and 3:30 p.m. to 7:30 p.m. o Monday to Friday, 7:30 a.m. to 3:30 p.m., only as needed o Saturday, 9:00 a.m. to 1:00 p.m. during high school water polo season o Saturday, 9:00 a.m. to 11:00 a.m. during high school swim season. The District will have exclusive use of the pool during competitions, physical education classes (generally a few weeks at the beginning and end of the school year), and up to three times per year for special school events. Such full use will begin no earlier than 8:00 a.m. With the exception of the District's exclusive use periods described above, the City will have exclusive use of the pool: o Monday to Friday, 7:30 a.m. to 3:30 p.m., unless the District requests shared use o Monday to Friday, 7:30 p.m. to 10:00 p.m. o Saturday, 5:30 a.m. to 9:00 a.m. o Saturday, 11:00 a.m. or 1:00 p.m. to 10:00 p.m. (depending on high school water polo and swim seasons, as described above) o Sunday, 5:30 a.m. to 10:00 p.m. • Scheduling of the BAC swim meets or water polo tournaments outside of the three traditional events in February, June, and October must be mutually agreed upon by the City and the District. The City and the District will also review and discuss the schedule at an annual meeting. • The City and the District will develop a separate agreement in which the City provides use of the baseball field at Washington Park to the District, free of charge, for reasonable use associated with the BHS baseball program. The details regarding scheduling still need to be worked out. The City has requested that the District provide some regular evening use of the BHS gym free of charge. Unfortunately, as BHS uses the gym frequently, the District believes that it is difficult to build a schedule that can accommodate such use. The SMUHSD Superintendent and the District share the City's interest in making facilities available to the public, however, and will explore this issue further in the future. FISCAL IMPACT There is no fiscal impact associated with approving the draft Term Sheet. There will be a cost associated with increasing the City's share of operations and maintenance from 70% (inclusive of 5% overhead) to 78% (inclusive of 5% overhead). That cost will vary from year to year based on the needs of the facility. Although there will also be a cost for capital each year, the City's share is not increasing. In addition, the City's costs should become more predictable since the City and the District will work together to develop a schedule for improvements. 3 Burlingame Aquatic Center Term Sheet Exhibit: • Proposed Term Sheet October 19, 2015 DRAFT City of Burlingame/SMUHSD Aquatic Center, Amendment 1 Revised 10/1/15 City and District Allocation of Maintenance and Operating Expenses a. 78% City allocation (includes 5% admin charge) b. 22% District allocation Capital Expenditures and Replacement/Repair Program a. Capital expenditure program based on Aquatic Design Group (ADG) audit dated May 15, 2015, as amended. City and District waiting for amended report, and both parties need an opportunity to review and request clarification if needed. b. Jointly develop 10 -year and 20 -year capital replacement program, identifying specific projects and timeline. C. City and District to meet annually in February or March to discuss maintenance and capital needs for the following fiscal year so that both agencies can budget accordingly for planned expenditures. d. Capital expenditure related to pool deck and drainage removal and replacement, estimated cost $461,370, to be prioritized along with other capital improvements. Displacement of BHS and BAC programs likely to occur. Try to minimize displacement to the extent feasible. (See #5 below) Calculation of City Share of Capital Expenditures a. City and District to split capital expenses identified in amended ADG report on a 50- 50 basis. b. City Share is paid up front for each project as it is undertaken. Should agreement terminate early, District will repay City for funds spent according to remaining life of the asset(s). For example, if the City pays $100,000 for a capital expenditure with a 10 -year life (and a total cost of $200,000), and the agreement terminates after 5 years, the District will repay the City $50,000. 4. Term of Agreement a. Existing term to expire January 1, 2026. b. The parties will meet prior to the end of 2015 and annually thereafter. Both parties will work toward a longer term agreement in the next three years. 5. Annual Pool Maintenance Closure; City Use of District Pools a. The possible maintenance windows are November 15 -December 15, January 15 - January 31, and the week of the SMUHSD spring break. District and City would agree to I or 2 closures maximum per year, unless an emergency repair or major construction is scheduled. b. District to provide 90 -day notice of closure period except in emergency situations. C. District to use `best efforts" to minimize closure period d. If available, District to provide City use of SMHS or CHS pools, minimum 8 lanes, when BHS pool is anticipated to be closed longer than one week. District to make locker rooms available to BAC if possible. e. City to pay labor costs at alternate facility during BHS closure. f City to pay 50% of standard facility use fees (non-profit rate) at alternate pools during BHS pool closure. g. City does not pay for expenses at BHS (excluding those associated with projects undertaken during closure) while using alternate facility. 6. Usage Allocation a. District use i. Monday to Friday 5:30 a.m. to 7:30 a.m. and 3:30 p.m. to 7:30 p.m.: 10 adjoining swimming lanes (no buffer lane) ii. Monday to Friday 7:30 a.m. to 3:30 p.m. as needed: 10 adjoining lanes (no buffer lane). Entire pool up to three times per year for special school events, e.g., Senior Day. Full-day use will begin no earlier than 8 a.m. iii. PE Units [RESERVED] require exclusive use of pool; times TBD iv. Saturday 9:00 a.m. to 1:00 p.m. during water polo season: 10 adjoining lanes (no buffer lane) v. Saturday 9:00 a.m. to 11:00 a.m. during swimming season: 10 adjoining lanes (no buffer lane) vi. Interscholastic competition scheduling as needed. Exclusive use of pool for duration of contest required. District to provide notice of competitions as soon as possible. b. City use i. Monday to Friday 5:30 a.m. to 7:30 a.m. and 3:30 p.m. to 7:30 p.m.: 10 adjoining lanes (no buffer lane) ii. Monday to Friday, 7:30 a.m. to 3:30 p.m.: all lanes unless District requests entire use (see 6aii above); if District requests use, then 10 adjoining lanes (no buffer lane) ` iii. Monday to Friday 7:30 p.m. to 10:00 p.m. all lanes iv. Saturday 5:30 a.m. to 9:00 a.m.: all lanes v. Saturday, 9:00 a.m. to 11:00 a.m, during swimming season and 9:00 a.m. to 1:00 p.m. during water polo season: 10 adjoining lanes (no buffer lane) vi. Saturday 1:00 p.m. to 10:00 p.m. all lanes vii. Sunday 5:30 a.m. to 10:00 p.m. all lanes viii. Scheduling of BAC swim meets or water polo tournaments outside the three traditional events in February, June and October must be mutually agreed upon by City and District. ix. Usage allocation shall be discussed and reviewed at annual meetings. 7. Baseball field a. City to provide use of baseball field at Washington Park to District free of charge for reasonable use associated with high school baseball program. Operational agreement regarding scheduling priorities and mechanisms to be worked out. b. Other details TBD once City staff weighs in. 9D STAFF REPORT AGENDA NO: 10b 9D MEETING DATE: October 19, 2015 To: Honorable Mayor and City Council Date: October 19, 2015 From: Leslie Loomis, Human Resources Director—(650) 558-7209 Subject: Adoption of a Resolution Approving Changes to the Memoranda of Understanding Between the City of Burlingame and AFSCME Local 829 and AFSCME Local 2190, and Authorizing the City Manager to execute the Memoranda on Behalf of the Citv RECOMMENDATION Staff recommends that the City Council adopt the attached resolution approving the changes to the Memoranda of Understanding between the City of Burlingame and AFSCME Local 829 and AFSCME Local 2190, respectively, and authorizing the City Manager to execute them on behalf of the City. BACKGROUND The City has been meeting since April 2015 with the American Federation of State, County and Municipal Employees (AFSCME) Local 829 and Local 2190 regarding the terms and conditions of new agreements. AFSCME Local 829 represents 52 administrative City employees, and AFSCME Local 2190 represents 46 City maintenance support personnel. Both labor agreements expired on June 30, 2015 after three-year terms. The City reached tentative agreements with both units in late September, and both units ratified their respective agreements the first week on October. DISCUSSION Both the City and the AFSCME units were interested in multi-year agreements. During the negotiation period that resulted in the three-year contract that expired on June 30, 2015, the City was in the midst of handling the budget impact caused by the recent economic downturn. As a result, the AFSCME units, as well as the other City bargaining units, participated in a number of cost-saving measures to offset the budget deficit. The AFSCME units conveyed to the City throughout the current negotiation meetings that their primary interest was to recover economically from these concessions. After many meetings and extensive exchange of information, the City and AFSCME reached tentative agreements. The terms of the two new agreements are largely the same for both units: 1 AFSCME Local 829 and Local 2190 Labor Agreements • Term: 3 years; new term is July 1, 2015 through June 30, 2018 Salary: 3% increase retroactive to the first pay period in July 2015 3% increase effective the first pay period in July 2016 3% increase effective the first pay period in July 2017 • Medical: No change to the medical plan contributions and/or language October 19, 2015 • Dental: Increase the maximum reimbursement for employees from $1700.00 to $1900.00 per year; No increase to the dependent reimbursement amount • Vision: Change to the reimbursement formula from a total cap of $435.00 a year on specific costs to an overall maximum reimbursement of $600.00 per year In addition to the above -noted changes, the new contracts include revising certain language for greater clarity, and other Council -authorized changes such as certificate pay and clothing allowance changes. All of the recommended changes are included in both the attached Memoranda of Understanding and in the Tentative Agreements. FISCAL IMPACT The FY 2015-16 City budget includes funding for the cost of the proposed increases to the AFSCME units. The cost of a 3% salary increase with the rollup costs is $181,900 for the 2015/16 fiscal year The cost of a 3% salary increase with the rollup costs is $190,300 for the 2016/17 fiscal year The cost of a 3% salary increase with the rollup costs is $196,300 for the 2017/18 fiscal year The approximate increase in the cost of the dental reimbursement plan is $23,400 per year, and the approximate increase in the cost of the vision reimbursement plan is $17,500 per year. EXHIBITS: • Resolution • Revised Memoranda of Understanding between the City of Burlingame and AFSCME Local 829 and Local 2190 • Tentative Agreements 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING CHANGES TO THE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF BURLINGAME AND AFSCME LOCAL 829 AND AFSCME LOCAL 2190, RESPECTIVELY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDA ON BEHALF OF THE CITY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame and the American Federation of State, County and Municipal Employees (AFSCME) Local 829 and Local 2190 have met and conferred in good faith on the terms and conditions of employment as provided by State law; and WHEREAS, the City and the AFSCME Units have reached agreement on certain changes to be made to the existing terms and conditions of employment and Memoranda of Understanding between the City and the AFSCME Units; and WHEREAS, the proposed changes are fair and in the best interest of the public and the employees represented by AFSCME; WHEREAS, the parties have met since April 2015 to discuss interests and to ultimately reach consensus within the authorization provided by the City Council; and WHEREAS, the union ratification process occurred during the first week of October and the City Council authorized the contract to be retroactive to July 1; 2015 if the contracts were ratified in October, NOW, THEREFORE, BE IT RESOLVED, 1. The changes in existing salary of the employees represented by AFSCME as contained in Exhibit A, the Memoranda of Understanding between the City of Burlingame and AFSCME Local 829 and 2190 hereto are approved. 2. The City Manager is authorized and directed to execute the Memoranda of Understanding between the City of Burlingame and AFSCME Local 829 and 2190. Terry Nagel, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 1gth day of October, 2015, and was adopted thereafter by the l following vote AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Meaghan Hassel -Shearer, City Clerk Memorandum of Understanding between Local 829, Council 57 American Federation of State, County and Municipal Employees, AFL-CIO GPN FE,�F'fl A`' �? 7 i �P-G2 O MUNICIPAL PLOYE and the City of Burlingame July 1, 2015 to June 30, 2018 TABLE OF CONTENTS �f Article Pane Preamble............................................................................................................................................2 1. Recognition...................................................................................................................................2 2. No Discrimination..........................................................................................................................2 3. Union Security...............................................................................................................................2 4. Advance Notice.............................................................................................................................6 5. Stewards and Official Representatives.... .............................................. ....................... I .................. 6 6. Personnel Files..............................................................................................................................7 7. Salary Plan....................................................................................................................................7 8. Insurance and Other Benefits........................................:................................................................9 9. Hours of Work and Overtime........................................................................................................14 10. Holidays......................................................................................................................................15 11. Vacations....................................................................................................................................16 12. Leave Provisions..........................................................................................................................17 13. Occupational, Departmental, Premium Pay & Reimbursement Provisions.........................................20 14. Promotion...................................................................................................................................22 15. Transfer......................................................................................................................................23 16. Layoff and Recall.........................................................................................................................23 17. Resignation.................................................................................................................................23 18. Reinstatement.............................................................................................................................24 19. Discipline....................................................................................................................................24 20. Grievance Procedure....................................................................................................................25 21. Concerted Activities.....................................................................................................................28 22. City Rights..................................................................................................................................28 23. Effect of Agreement.....................................................................................................................28 24. Modification................................................................................................................................2B 25. Total Agreement..........................................................................................................................28 26. New Work...................................................................................................................................28 27. Separability of Provisions.............................................................................................................28 28. Term..........................................................................................................................................29 ExhibitA — Salaries ............................................................................................................................30 Exhibit B — Alternative Work Schedule.................................................................................................43 POLICY.............................................................................................................................................43 ELIGIBILITY......................................................................................................................................43 WORK SCHEDULE ...................................... ............... ................ ......... .... I ..... ,... .................................. 43 WORKWEEK.....................................................................................................................................43 HOLIDAYS.......................................... ............................................................................................... 43 HOURSOF OPERATION .....................................................................................................................44 PROGRAMCRITERIA: ........................................................................................................................ 44 ExhibitC — FMLA Policy.. .................................................................................................................... 48 Exhibit D — AGREEMENT TO MEET REGARDING CITY BUDGET.............................................................57 Preamble This Memorandum of Understanding is entered into by the City of Burlingame, hereinafter designated as the "City', and the American Federation of State, County and Municipal Employees, , AFL-CIO, hereinafter designated as the "Union", as a mutual agreement of those wages, hours and other terms and conditions of employment which are to be in effect during the term of this Memorandum of Understanding, for those employees working in classifications in the representative unit referred to in Appendix A of this Memorandum of Understanding. 1. Recognition The City of Burlingame recognizes, , the American Federation of State, County and Municipal Employees, Local 829, AFL-CIO, as the majority representative employee organization for the employees assigned to the classifications listed in Appendix A, as well as such classifications as may be added to this representation unit by the City during the term of this Memorandum of Understanding. 2. No Discrimination The City agrees not to discriminate against any employee because of membership in the Union or because of any activities on behalf of the Union. Union activities shall not interfere with the normal operation of the City. Neither the City nor the Union shall discriminate for or against any employee or applicant for employment on account of actual or perceived race, color, religious creed, national origin, ancestry, citizenship status, physical disability, mental disability, medical condition (cancer -related or genetic characteristics), marital status, registered domestic partner status, gender, gender identity or gender expression, age (40 or over), sex, or sexual orientation (including heterosexuality, homosexuality, or bisexuality). 3. Union Security 3.1 Agency Shop Consistent with the provisions of the California Government Code, Section 3502.5, an employee covered by this agreement shall either: (1) become a member of the Union and pay regular Union dues, or (2) pay to the Union an agency (representation) fee as permitted by law, or (3) present to the Union and the City's Human Resources Director a written declaration that he or she is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations. The employee who qualifies for this exemption shall, in lieu of dues or agency shop fees payment, pay an amount equal to AFSCME 829 -2- the agency shop fees to one of the following non -religious, non -labor charitable organizations listed below: (a) Gardner Family Health Network, Inc., Alviso, CA; (b) Sequoia Hospital Foundation, Redwood City, CA or (c) Community Gate Path Boys & Girls Clubs of North San Mateo County, South San Francisco, CA. An employee who claims such exemption must submit to the Union and to the City a letter signed by an official of the bona fide religious body certifying that person's membership. Proof of the payments shall be made on a monthly basis to the Human Resources Director as a condition of continued exemption from the requirement of financial support to the public employee organization. If the employee fails to provide such proof, the employee will be required to pay the agency fee. 3.2 Fee Deduction If any employee in a classification covered by this MOU fails to authorize one of the above deductions within thirty (30) calendar days of date of hire or within thirty (30) calendar days' notice of the provisions of this agency shop, t the City shall deduct the agency fee from the employee's paycheck. The City l shall determine the timing of such automatic deductions. The requirement that employees who are not members of the Union pay this representation agency fee shall remain in effect until the earlier of: (1) expiration of this Agreement; (2) termination of the Agency Shop clause by action of the bargaining unit; or (3) legislation invalidating the manner in which Agency Shop was adopted. In the event that employees in the representation unit vote to rescind Agency Shop, the provisions of Section 3.3 — Maintenance of Membership, shall apply to dues -paying members of the Union. 3.3 Maintenance of Membership All employees who are members of AFSCME and who are tendering periodic dues through dues deductions from their paycheck, and all employees who become members of AFSCME and who tender periodic dues through dues deductions from their paycheck, shall continue to pay dues for the duration of this MOU and each subsequent MOU thereafter. For a period of sixty (60) calendar days prior to the expiration of the current MOU , any employee who is a member of AFSCME shall have the right to withdraw from the Union by discontinuing dues deduction. Said withdrawal shall be communicated by the employee during that period of time in writing AFSCME 829 -3- to the Union and the Human Resources Director; such written communication shall be delivered by certified mail and must be postmarked during the sixty calendar day period. An employee who so withdraws from Union membership shall still be subject to the provisions of Agency Shop. 3.4 Payroll Deduction The Union may have the regular dues of its members within the representation unit deducted from employees' paychecks under procedures prescribed by the City for such deductions. Dues deductions shall be made only upon signed authorization from the employee upon a form furnished by AFSCME and distributed by the City, and shall continue until: (1) such authorization is revoked, in writing, by the employee pursuant to the provisions of this Section 3.4; or (2) the transfer of the employee out of the representation unit. The Union shall notify the City at least thirty (30) days in advance of any change in its dues and fees. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which the employees are assigned. If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the deduction of Union dues, agency fee, or charity fee required by this Section, no such deduction shall be made for the current pay period. The provisions of Section 3.3.1 above shall not apply during periods that an employee is separated from the representation unit, but shall be reinstated upon the return of the employee to the representation unit. For the purpose of this section, the term separation includes transfer out of the representation unit, layoff, and leave of absence without pay. Effective 1/1/16, employees may voluntarily elect to have contributions deducted through payroll at a minimum of two dollars ($2.00) per month, deducted from their pay checks under the procedures prescribed by the City for the Public Employees Organized to Promote Legislative Equality Fund (PEOPLE of AFSCME). Such deductions shall be made only upon signed authorization from the employee and shall continue until such authorization is revoked in writing. Union Obligations The Union shall provide the City with a copy of the Union's Hudson Procedure for the determination and protest of its agency fees. The Union shall provide a copy of said Hudson Procedure to every agency fee payer covered by this Memorandum of Understanding and annually thereafter, and as a condition to any percentage change in the agency fee. AFSCME 829 -4- The Union will supply the City with deduction authorization forms and/or membership applications as well as other informational materials it wishes to be distributed to new employees. The Union shall comply with Government Code Section 3502.5(f). In addition, the Union shall comply with Government Code Section 3502.5(d) in compliance with the Agency Shop agreement. . The Union shall refund to the City any amount paid to it in error upon presentation of supporting evidence. City Obligations Any new employees hired into positions covered by this Memorandum of Understanding shall be provided by the City and shall execute an "Employee Authorization for Payroll Deduction" form selecting one of the following: (1) Union dues; (2) agency fee; or (3) if he/she qualifies pursuant to the requirements of Section 3.1 above, a fee equal to agency fee payable to one of four negotiated charities. All dues and service fee deductions shall be transmitted to Council 57 in an expeditious manner. All transmittal checks shall be accompanied by documentation which denotes the employee's name, employee ID number, amount of deduction and member or agency fee payer status. The City shall hand out agreed upon Union materials along with Agency Shop forms. Hold Harmless - The Union shall indemnify, defend, and hold the City harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Union Security section, or any action taken or not taken by the City under this Section 3. This includes, but is not limited to, the City Attorney's fees and costs. Use of Facilities - The Union may, with the prior approval of the City Manager, or his/her designee, use City facilities during non -work hours for meetings of City employees provided space is available, and provided further such meetings are not used for organizational activities or membership drives of City employees. Enuipment - The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding. Bulletin Boards - The Union may use portions of City bulletin boards under the following conditions: AFSCME 829 - 5 - A copy of all materials posted on bulletin boards must be provided in advance to the Human Resource Director. All materials must be dated and must identify the organization that published them. The City reserves the right to determine where bulletin boards shall be placed. Materials cannot be of a political nature and cannot be derogatory in any manner. List of Emolovees - The City shall furnish the Union with the names, classifications and date of hire of employees assigned to classifications in the bargaining unit; provided, however, the City shall not be required to provide such information in any format other than one already utilized by the City. The City shall notify the Union of the name, classification and date of hire of each new employee appointed to a position covered by this MOU. Notice shall be provided to the Union within thirty (30) days of hire. Right to Representation - Any employee who is required to meet with a supervisor or management official and who reasonably expectes that the meeting may involve questioning leading to potential disciplinary action shall have the right to have a steward or authorized Union representative present at the meeting; provided, however, such representation shall include no more than one (1) City employee in addition to the employee being disciplined. The limitations of this Section shall apply to employees on paid release time and not to Union staff or witnesses who may be necessary to the meeting. 4. Advance Notice Except in cases of emergency, the Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet with management representatives prior to adoption. S. Stewards and Official Representatives Access by Representatives - Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of contacting members of the bargaining unit concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the department head or the City Manager or his/her designee. Access shall be restricted so as not to interfere with the normal operations of the department or with established or security requirements. Activities Prohibited - Solicitation of membership and activities concerned with the internal management of an employee organization such as collecting dues, holding membership meetings, .campaigning for office, conducting elections and distributing literature shall not be conducted during on -duty hours. AFSCME 829 -6- Designation of Representatives - The Union shall be allowed to designate in writing to the City Manager or his/her designee a reasonable number of Stewards not to exceed four (4) unless prior authorization is received by the Human Resources Director. Stewards shall be granted release time without loss of time or pay for the purposes of investigating and handling grievances. Steward release time shall be scheduled by mutual agreement between the employee and the employee's immediate supervisor. Steward Release Time for Bargaining — The City will provide paid release time for a maximum of four (4) Union Officers and/or Union Stewards for the participation in contract negotiations. The release time paid by the City will not be in excess of any normal hours worked or generate any overtime payments. New Employee Orientation — As part of the City's new employee orientation program or the earliest time available, the Union shall have fifteen (15) minutes to provide information and answer questions of new employees who are employed in classifications which are covered by this MOU. 6. Personnel Files Personnel Records - If there has been no recurrence of conduct forming the basis of a letter or record of disciplinary action, after one year the employee may request that a letter be placed in the file reflecting the correction of conduct. Placement of such letter into the employee's personnel file must be approved by the department head. Access to Personnel File — An employee or, upon presentation of an original signed written authorization from an employee, an employee's representative shall have access to the employee's personnel file. 7. Salary Plan Salary Adiustments Effective the first payroll period in July 2015, represented classifications shall be increased by 3.0%. Effective the first payroll period in July 2016 salaries for the represented classifications shall be increased by 3.0%. Effective the first payroll period in July 2017 salaries for the represented classifications shall be increased by 3.0%. Base Salary - Employees occupying a position in a classification covered by this Memorandum shall be paid a base salary within the range established for that position's classification. Placement Within Range - The salary for a new employee entering City employment shall be the minimum salary step for the classification to which the employee is L AFSCME 829 -7- appointed unless the City determines that appointment to another step is in the best interests of the service. Progression Within Range - Each employee who is employed shall receive a salary increase to the next higher step within the range of the assigned classification upon the anniversary of the individual employee's original employment date. A step increase shall only be denied for cause. Each employee who is promoted shall receive a salary increase to the next higher step within the range of the assigned classification upon the anniversary date of the individual's promotion date. A step increase shall only be denied for cause. Adiustments to Salary Range - Salary range adjustments for a classification will not set a new salary anniversary date for employees serving in that classification. Retention of Step - Whenever the schedule of compensation for a classification is revised, each incumbent In a position to which the revised schedule applies shall be paid at the same step in the revised range as the step at which the employee was paid in the previous range. Salary Steps and Performance Evaluations — Advancement within current salary ranges shall be conditioned upon satisfactory job performance as determined by annual performance reviews. If an employee is performing in an outstanding or above -standard manner, the City may, at its sole option, advance the employee an additional step within the existing salary range. If the employee is performing in an overall unsatisfactory or below -standard manner, a step increase may be withheld or the employee may be dropped back one step until a satisfactory evaluation is received. The following procedure shall apply: Performance evaluations shall be completed at least once a year by the employee's anniversary date. Additional evaluations may be performed during an employee's probationary period or as needed, based upon an employee's job performance. The performance evaluation shall be performed by the employee's supervisor and shall include an interview with the employee to review the evaluation. All evaluations shall be approved by the employee's Department Head who may hear any employee comments concerning the evaluation. When an employee has been rated as below standard or unsatisfactory, he/she shall be re-evaluated every ninety (90) days to give the employee an opportunity to correct the problem area(s); this shall continue until a satisfactory evaluation is received. If an employee at the fifth step in the salary range receives an overall evaluation of unsatisfactory or deficient, then the first such evaluation shall be a warning. If the employee receives a second overall unsatisfactory evaluation, the employee may be dropped back one pay step on the salary range. Additional evaluations shall be conducted every ninety (90) days to give the employee an opportunity to correct the problem area(s). All evaluations reducing a step increase shall be reviewed and AFSCME 829 -8- approved by the City Manager who will hear any employee comments concerning the evaluation. The City's existing performance evaluation format and procedure shall be used for evaluations and shall contain a place to indicate the "overall" performance rating. Any changes in the format or procedure will be discussed with AFSCME Local 829. Salary Step on Promotion - When employees are promoted, they shall normally receive the first step in the salary range for their new position. However, if such step results in a salary increase of less than five percent (5%), they shall receive a minimum of five percent (5%) increase. Salary Step on Demotion - When an employee is demoted, that employee's compensation shall be adjusted to the salary which most closely approximates the employee's salary in the higher classification; provided, in no event shall that new salary be above the fifth (5th) step of the lower classification. If a vacancy exists in a position in a lower classification, an employee who has previously held that vacant position, may voluntarily choose to demote to fill the vacancy. Paychecks - Employees shall be paid biweekly. Routine paychecks shall be for the purpose of compensating for regular and overtime hours. Other compensation or reimbursement shall be separately identified and shall not include withholding for tax purposes, except as required by law. Work in a Higher Classification - Practices and procedures vary by department for this bargaining unit; the pay for working out of classification should, however, be no less than 5% above the employee's current salary rate. S. Insurance and Other Benefits Medical Plans The City's monthly contribution for the individual employee and the employee's eligible dependents shall be One Hundred and Twelve dollars ($122.00) per month effective January 1, 2015 (January 1, 2016 the amount will increase to $125.00 per month) and shall adjust in accordance with the Minimum Employer Contribution (MEC) established by the Public Employees Medical and Hospital Care Act. In addition, the City shall offer an Internal Revenue Code Section 125 Plan that contains the components of benefit allowance, premium conversion, health care reimbursement account, and dependent care reimbursement account. Effective January 1, 2015 The City shall contribute the below -listed amount per month toward each employee's Section 125 Plan benefit allowance components. All contributions listed below include the Minimum Employer Contribution (MEC): 3 AFSCME 829 -9- Employee Only: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield HMO rate for Employee only Employee Plus One: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield HMO rate for Employee plus one Employee Plus Two or more: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield family rate An employee may use any benefit allowance stated above toward the cost of employer- provided PERS Health insurance for the employee and eligible dependents. An employee may not use the benefit allowance for other reasons. Any Employee that enrolls in a Medical Plan that has a higher premium than the City's contribution, as stated above, will pay the difference. The City will comply with IRS Tax Code regulations.e Medical Plan Waiver Effective July 1, 2015, any Employee that provides proof they have medical insurance from a spouse or registered domestic partner, which is not provided through the City, will receive three hundred and fifty dollars ($350) per month in lieu of Medical Benefits. The three hundred and fifty dollars ($350) per month may be put into a Deferred Compensation, Section 125 Plan, or taken in cash. The City will comply with IRS Tax Code for medical plan waivers Retiree Medical Benefits 8.2.1 Retiree Medical for Employees Hired Prior to March 31 2008 Employees hired prior to March 31, 2008 who retire prior to August 1, 2012 with a minimum of five (5) years of service with the City will receive a retiree medical benefit equivalent to the amount necessary for actual enrollment in single, two-party, or family coverage, up to a maximum dollar amount of the Kaiser family premium rate. 8.2.2 Retiree Medical for Employees Hired Prior to March 31 2008 and Retire on or after August 1, 2012 Effective August 1, 2012, employees hired prior to March 31, 2008, who retire from the City with 5 years of City service, will receive a retiree medical benefit in accordance with the following: For eligible retirees who are under the age of 65, the City contribution will be equivalent to the Bay Area Region premiums for Blue Shield Access HMO Single, Kaiser Two -Party, or Kaiser Family coverage as applicable, For eligible retirees who are 65 years of age or older and enrolled in Medicare, the City contribution will be equivalent to the premium for the average of Kaiser, Blue Shield Access HMO and PERS Choice for the Bay Area Region Single, Two -Party, or Family Medical coverage as applicable. 8.2.3 Retiree Medical for Employees Hired after March 31 2008 but before January 1, 2012 Employees hired after March 312008, but before January 1, 2012 who retire with a minimum of five (5) years of service with the City will receive a retiree medical benefit AFSCME 829 -10- equivalent to the amount necessary for actual enrollment in single, two-party, or family coverage, up to a maximum dollar amount of the Kaiser family premium rate. Upon conversion to a flexible benefit plan structure, the retiree medical benefit will be less the PERS required MEC. New employees hired on or after the effective date of the 2.5% at 55 retirement formula will receive a retiree medical benefit based on years of service with the City as follows: 10 years of service = an amount equal to 100% of employee only lowest cost premium, less PERS required MEC 15 years of service = an amount equal to 75% of employee + 1 lowest cost premium, less PERS required MEC 20 years of service = an amount equal to 100% of employee + 1 lowest cost premium, less PERS required MEC 8.2.4 Retiree Medical for Employees Hired On or After January 1, 2012 Employees hired on or after January 1, 2012 shall receive the following contributions to a Retirement Health Saving Account, based on years of service with the City, in lieu of the Retiree Medical Benefits in Section 8.2.1, 8.2.2, 8.2.3 Retiree Medical. Years of Service Monthly Contribution 0- to the end of the 5th year of 0.0% service 6 years of service to the end of the 2.0% of Step E of the Police Officer 19t year of service Classification 20 years of service or more 2.5% of Step E of the Police Officer Classification The City will implement an Irrevocable Trust for all new contributions towards the City's GASB 45 obligations. 8.3 Dental Plan Effective January 1, 2016, and each calendar year thereafter, the City will reimburse up to $1900 per year per employee for dental expenses and $1000 per dependent, not to exceed $2500 cumulative per year for all eligible dependents. 8.4 Vision Care Plan Effective January 1, 2016 and each calendar year thereafter, the maximum reimbursement for an employee for vision eligible expenses is six hundred dollars ($600) annually, not including an eye examination. If an eye examination is performed, the maximum reimbursement is one hundred dollars ($100) per calendar year. The AFSCME 829 -11- l maximum cumulative reimbursement for vision eligible expenses for eligible dependents shall not exceed three hundred dollars ($350) per calendar year, including eye examinations. 8.5 Life Insurance 8.5.1 Effective 01/01/02 - the City provides life insurance to the extent of seventy rive thousand dollars ($75,000) coverage for members of the bargaining unit. 8.5.2 Effective 01/01/02 - the City provides employee -paid supplemental life insurance at group rates for employee and spouse. 8.6 Disability Insurance Plans 8.6.1 State Disability Insurance - During the term hereof, the City agrees to provide State Disability Insurance (SDI) for employees in the bargaining unit. The employees will pay for such insurance through automatic payroll deduction. The City integrates leave balances with SDI benefits, starting with Sick Leave, upon employee request. Long -Term Disability Insurance - The City will provide long-term disability insurance to all AFSCME members, with a sixty (60) day waiting period. Monthly benefits shall be 60% of employee's basic monthly earnings up to a maximum monthly benefit of three thousand five hundred dollars ($3,500). The City integrates leave balances with LTD benefits, starting with Sick Leave, upon employee request. 8.6.2 Paid Family Leave —_Upon ratification and Council approval of the agreement, the City will allow unit members to use applicable accrued leave times to meet the one () week waiting period required under the SDI Paid Family Leave benefit. 8.6.3 Long Term Disability Insurance - The City will provide long term disability insurance to all AFSCME members, with a sixty (60) day waiting period. Monthly benefits shall be 60% of employee's basic monthly earnings up to a maximum monthly benefit of three thousand five hundred dollars ($3,500). The City integrates leave balances with LTD benefits, starting with Sick Leave, upon employee request. 8.6.4 Insurance Coverage While Disabled - The City will allow any employee who has been disabled and is collecting benefits under the Long -Term Disability Plan, or under State Disability Insurance, to participate in the health insurance plan by payment of premium cost to the City, except as otherwise required by the Family and Medical Leave Act. AFSCME 829 -12- 8.6.5 Upon ratification and Council approval of the agreement, the City will allow unit members to use the applicable accrued leave times to meet the one (1) week waiting period required under the State of California's Paid Family Leave benefit, 8.7 Deferred Compensation 8.7.1 Participation - Full-time regular employees are eligible, subject to IRS regulations and the terms and conditions thereof, to participate in the deferred compensation plan made available to all City employees. 8.7.2 Deferred Compensation Incentive -The City shall continue to provide a contribution to an employee's deferred compensation account in an amount equal to the employee's contribution, to a maximum of forty- five dollars ($45) per biweekly pay period. This shall not imply any City endorsement or responsibility for the performance of any deferred compensation account or instrument selected by the employee. 8.8 Section 125/Flexible Benefit Plans - Effective 01/01/02, the City offers employees IRS Section 125 plans for reimbursable dependent care and healthcare costs for employees 8.9 Plan Descriptions - Benefit Plan Descriptions are available upon request in the City's Human Resources Office. 8.10 Retirement 8.10.1 CalPERS Retirement Provisions a) Effective 03/31/2008, the City implemented the provisions of the PERS 2.5% at Age 55 retirement benefit for miscellaneous employees hired on or before 12/31/13 (Classic Employees) b) Effective the first payroll in January 2013, employees contribute 1.0 % of the employer's contribution for the CalPERS retirement costs via payroll deduction on a pre- tax basis. The City shall "pick-up" the employer contribution amount that is being paid by the employees through a payroll reduction under IRS Code Section 414(h)(2). 8.11 Continuation of City Insurance Contributions - During the term of this Memorandum, the City agrees to pay for increases in the premiums for insurance, as described herein, up to the dollar amounts listed above. Upon expiration of this Memorandum, the City will continue paying the dollar amount of premiums then being paid, unless or until there is an agreement to pay a higher amount, or the City Council takes unilateral action in the absence of agreement. AFSCME 829 -13- 8.12 Physical Fitness - The City provides a fifty 50% discount to employees who take physical fitness classes through the Burlingame Recreation Department. After registration is complete, employees will be able to fill vacant slots at the discounted rate. Employees may utilize the fitness center located at the City's Corporation Yard. 8.13 Regular Part -Time Benefitted Emolovee Benefits Insurances and Other Benefits — Regular part-time employees shall be entitled to insurance coverage and other benefits as follows: 8.14 Medical Insurance - City payment of medical insurance premiums as provided in the Insurance and Other Benefits section of the MOU. 8.15 Life Insurance - Effective 07/01/01, the City will provide life insurance coverage of thirty-five thousand dollars ($35,000). 8.16 Other Benefits — Regular part-time benefitted employees will be covered by State Disability Insurance (SDI). 8.17 Voluntary Coverages — Regular part-time benefitted employees may enroll in the City's long term disability insurance, supplemental life insurance, dental plan, vision plan, deferred compensation and/or the Section 125 plan. Voluntary coverage enrollment is subject to plan provisions. The employee must request in writing to the employer his/her desire to enroll and pay applicable premiums. 8.18 Leaves — Accrual, Limits and Adjustments - Effective 07/01/01 the City provides all regular part-time benefitted employees with the same vacation, sick leave, holiday leave and accrual limits that apply to regular full time employees will be pro -rated according to each employee's percentage of full- time employment. At the end of each fiscal year, leave accruals will be adjusted to reflect the actual hours worked in the fiscal year. The City will stop all paid leave accruals when an employee goes on an unpaid status; unless otherwise provided by law. 8.19 Work On A Holiday — All regular part-time employees who work on a holiday shall be compensated in the same manner as a full-time employee. 9. Hours of Work and Overtime Work Schedule and Adjustments - The regular work week for employees occupying full time positions shall consist of five (5) consecutive eight (8) hour workdays beginning on Monday at the regularly scheduled starting time for employee's respective AFSCME 829 -14- department. If the City adjusts a shift starting time for a specific temporary assignment, the employee shall have the choice of overtime or time off for the shift adjustment. Exceptions to this Section may be made by mutual agreement between the City and the Union. Lunch and Breaks - A one (1) hour or one-half (1/2) hour unpaid lunch period shall be observed each day. One (1) fifteen (15) minute rest break with pay shall be observed during each one-half (1/2) of the workday, Overtime Definition and Compensation - Authorized work performed in excess of forty (40) hours in one (1) week and/or eight (8) hours in a work day shall constitute overtime. Employees with a 9/80 or 4/10 schedule will only receive overtime in excess of their normal shift. An employee required to work in excess of the regularly scheduled hours of work, shall be compensated for time worked at the rate of one and one-half (1-1/2) times the employee's regular straight -time rate of pay, except that all hours worked in excess of twelve (12) in any workday shall be compensated at two (2) times the employee's regular straight -time rate. Assignment of Overtime - Whenever possible, overtime shall be assigned on a volunteer basis. However, if there are no qualified volunteers, overtime shall be assigned according to reverse order of seniority by classification. Relief Time - If an employee is required to work overtime for four (4) or more hours of the eight (8) hours immediately preceding the start of the employee's regular shift, then paid relief time shall be granted by the supervisor up to a maximum of four (4) consecutive hours at the end or beginning of the next regularly scheduled shift. The extent of relief granted and the timing of such relief time is within the discretion of the supervisor. Choice of Compensation - Payment for overtime work will be either cash or compensatory time off at the employee's option. In no event shall payment for overtime be less than the rates established in this Section. Compensates Time Maximum - Employees may accumulate a maximum of one hundred thirty (130) hours of compensatory time off, which may be used at times chosen by the employee and approved by the appropriate supervisor; in meeting the needs of City business, 10. Holidays Holiday Pay - Regular full-time employee shall be entitled to observe all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day. Holidays Listed-- The following are the authorized holidays: New Year's Day Martin Luther King's January 15t 3rd Monday in January AFSCME 829 -15- Birthday Washington's Birthday 3`d Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1St Monday in September Columbus Day 2nd Monday in October Veteran's Day November 11th Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Eve December 24th, 1/2 day Christmas Day December 25th New Year's Eve December 31St, t/2 day Two floating holidays per calendar year Observance - If a holiday falls on a Sunday, such holiday shall be observed on the Monday following. If a holiday falls on a Saturday, such holiday shall be observed on the preceding Friday. For the purposes of this Article, unit members shall be entitled to fourteen (14) holidays per calendar year. Work on a Holiday - Any employee who is required to work on a holiday specified above shall, in addition to receiving regular pay for the holiday and will be paid one and one-half (1-1/2) times the employee's regular rate of pay for all hours worked on the holiday. Work on New Years Day, July 4th, Thanksgiving or Christmas Day — Any employee who is required to work on New Year's Day, July 4th, Thanksgiving and/or Christmas Day shall in addition to receiving regular pay for the holiday, will be paid two (2) times the employee's regular rate of pay for all hours worked on New Year's Day, July 4th, Thanksgiving Day and/or Christmas Day. Vacation - In the event any of the holidays specified above occurs while an employee is on vacation, the holiday shall not be charged to vacation. Corporation Yard Holidays — Employees in this unit assigned to the Public Works Corporation Yard, will observe the holidays of AFSCME Local 2190 MOU. 11. Vacations Represented employees shall be entitled to vacation pay in accordance with the following provisions: Eli ibili - Eligibility to schedule accrued vacation allowance shall start as soon as vacation is accrued, based on Supervisor approval. AFSCME 829 -16- Vacation Accrual - Vacation shall be accrued as follows: Anniversary Date Days Per Year Hours Per Pay period Hire to 4th 10 3.08 5th 15 4.62 10th 16 4.93 11th 17 5.24 12th 18 5.54 13th 19 5.85 14th 20 6.16 15th 21 6.47 16th 22 6.78 17th 23 7.09 25th 24 7.38 On an employee's 5th anniversary date of employment with the City of Burlingame, the employee will receive a one-time allotment of 40 hours of vacation in his/her vacation accrual bank. The City will stop vacation leave accruals when an employee goes into an unpaid status. Accrual Maximum - Employees can maintain a maximum accrual of two (2) years of vacation at any time. Scheduling - Vacations shall be scheduled yearly by employees with the approval of their respective Department Head or their designee. Preference in scheduling shall be based on seniority. The City will respond to vacation requests within ten (10) working days. Leave Provisions 12. Leave Provisions Sick Leave - Sick leave may be used for personal illness, non -industrial disability, care for an immediate family member and/or health care appointments that cannot be scheduled outside of normal work hours. Sick leave is for actual illness of the employee, the employees immediately family or healthcare appointments. Employees are encouraged to accumulate sick leave in order to protect themselves in the event of an extended illness. Sick Leave Accrual Sick leave shall be accrued at a rate of eight (8) hours per month (3.69 hours per pay period) for each pay period a full-time employee is in paid status. The City will suspend sick leave accrual when an employee goes into unpaid status. The maximum sick leave accrual is 2000 hours. AFSCME 829 -17- Sick Leave Notice In order to receive compensation while absent on sick leave, the employee shall notify the appropriate management personnel prior to the start of their regularly scheduled shift. The employee must provide the reason for the absence (persona l,family illness, FIALA), The employee is required to call in each day sick leave is used; however, management personnel may waive this daily contact if it is determined to be impractical. Departments may establish specific call-in procedures based on operational need. Physician's Certificate A physician's certificate may be required when management personnel has a bonlfide question about the proprierty of a request for sick leave, as outlined the Sick Leave Abuse section of the MOU. Sick Leave Abuse The City recognizes that employees will need to use sick leave occasionally, and that the majority of employees do not abuse their sick leave benefits. Generally, when a pattern of abuse of sick leave is identified, the department head or supervisor shall evaluate such cases. In those cases where sick leave has been abused, appropriate corrective action including discipline up to and including termination may be taken. Except when sick leave use is known to be in connection with long-term illness, Injury, or ongoing medical condition, abuse of sick leave shall generally be defined as follows: a) Where an employee demonstrates a pattern of using sick leave adjacent to a regular day off or scheduled day off such as vacation or compensatory time off; b) Where an employee demonstrates a pattern of using sick leave within a discernible period of time after which the leave was earned; C) Where an employee regularly uses sick leave in excess of 64 hours per annual 12 -month performance evaluation review period; d) Where an employee regularly uses all of their accrued sick leave which requires use of other paid leaves or unpaid leave to cover the absence; e) Where an employee fraudulently uses any single occurrence of sick leave, including falsifying or omitting facts or documentation regarding the illness or injury upon which the sick leave absence is based. Sick Leave Upon Retirement The City contracts with CalPERS for the credit of Unused Sick Leave. Upon retirement, unused sick leave will be reported to CalPERS and will be converted to service credit in accordance with CalPERS rules and procedures. Sick Leave Integration AFSCME 829 -18- The City will integrate sick leave with California State Disability Insurance (SDI) l benefits. The integration of sick leave with SDI will not exceed an employee's normal daily wage. Leave for Sick Family Members An employee shall be able to use up to 48 hours of annual accrued sick leave per calendar year. The definition of "immediate family" shall be spouse, children, step- children, parents, brothers, sisters, grandparents and registered domestic partner. The birth or adoption of a baby, hospital visits, and bringing the baby home is covered under this section. Family Medical Leave The City will comply with all Federal and State leave provisions. Catastrophic Leave The provisions of Catastrophic Leave shall be in accordance with the City's Administrative Procedure entitled Catastrophic Leave. Industrial Disability Leave - Disability leave is absence from duty granted because of a disability caused by illness or injury arising out of and in the course of his/her employment. Disability leave shall be in accordance with the provisions of the workers' compensation laws of the State of California and the benefits and allowance provided under it, except as specifically provided herein. Conditions and Duration of Leave - For days of absence as a result of illness or injury arising out of and in the course of an employee's assigned duties and through no fault of his/her own, an employee shall receive disability pay for one (1) year to the extent that his/her loss of earnings is not covered by the benefits granted under the provisions of the workers' compensation laws of the State of California, unless he/she is terminated earlier. The total amount received from Workers' Compensation benefits and disability pay shall not exceed eighty percent (80%) of the employee's regular rate of pay. The City will notify the employee that he/she has the option of using accumulated sick leave to pay the residual, and unless the employee notifies the City otherwise, the residual will be paid by use of accumulated sick leave until such time as accumulated sick leave is exhausted. Once sick leave Is exhausted the employee may elect to use their accrued vacation and compensation time to supplement their pay. Modified Duty - The City will attempt to provide modified duty assignments for employees who are unable to perform regular job duties due to injury or illness. Modified duty assignments will be determined in accordance with the employee's medical restrictions and at the needs of the business of the City. Bereavement Leave - In the event of a death in an employee's immediate family, absence from duty shall be allowed and not to exceed three (3) days. In the event of the death of a relative who is not a not a member of the employee's immediate family, absence from duty shall be allowed for one (1) day. Such absences shall not be charged AFSCME 829 -19- to the employee's sick leave balance. For the purposes of this Section, "immediate family" means father, mother, step father, step mother, husband, wife, registered domestic partner, son, daughter, step son, step daughter, sister, brother, grandparent, mother-in-law, or father-in-law of the employee. In addition upon approval of the department head, the City will allow the employee to use up to two (2) days of sick leave, vacation leave or other accrued leave for bereavement. Leave Without Pay - The City Manager may grant a regular employee a personal or medical leave of absence without pay or benefits not to exceed one (1) year. Request for such leave shall be in writing and must be approved by the City Manager.. Leave requested under this Section shall not be routinely denied. Return to Work and Reinstatement Rights —When an employee returns to work, after an approved leave, the employee shall be reinstated in the position held at the time the leave was granted. Maternity. Parental and Adoptive Leaves — Employees may use accumulated sick leave for pregnancy related disability when the disability is certified by the employee's physician. Leave without pay shall be provided in accordance to the MOU, for purposes of postpartum care of an infant or for the adoption of a child. Employee may request, up to ten (10) days of accrued sick leave to be utilized upon the arrival of an adopted child. Applicable Law - The City will comply with all Federal and State Laws pertaining to the birth and adoption of children. Military Leave - Military leave shall be granted in accordance with applicable State and Federal laws. 13. Occupational, Departmental, Premium Pay & Reimbursement Provisions Training Required Licenses and Certificates - In the event of changes to any state or federal requirements which require licenses or certificates for an employee to continue work in their current job classification, the City agrees to pay the cost of training necessary to meet the new requirements. This shall include training costs and reasonable paid work time for taking examinations. Ordinary drivers' licenses are not included. This is in addition to the current City contribution for job-related training in the City Administrative Procedures. . Clothing and Footwear - The City will make payments of uniform allowances in a separate check. AFSCME 829 -20- Parking Enforcement —Effective 7/1/15 Parking Enforcement Officers and the Parking Meter Service Workers shall receive an annual uniform allowance of eight hundred and fifty dollars ($850). Police Clerks — Effective 7/1/15 Police Clerks shall receive an annual uniform allowance of seven hundred dollars ($700). Registration, Certification and Premium Pav Engineering Registration — Employees in the Assistant or Associate Engineer Classification who achieve and maintain State registration as an Engineer shall receive ten percent (10%) premium pay. Deputy Treasurer — The Finance Department position designated to serve as Deputy City Treasurer shall receive premium pay of five percent (5%) for such assignment. Bilingual Designation, Certification and Pay —The City shall provide certification pay of $100 per month to employees designated as bilingual service providers. The designated employee must pass a fluency certification as a condition of receiving the differential. Building Inspection Certification and Pay — The City shall provide certification pay for building inspection certificates as follows: Building Inspector Certification $100 per month Combination Inspector Certification $100 per month Plans Examiner Certification $100 per month Certification Pay Maximum —The maximum combined certification compensation for the bilingual and building inspection certifications listed above shall not exceed $300 per month for any individual. Reimbursements Mileage Reimbursement - An employee who is required to provide transportation for the performance of his/her job shall be compensated at the current IRS mileage rate. It is understood that such reimbursement does not apply to commuting by employees to or from their residence. Training and Educational Reimbursement — An employee shall be reimbursed for the cost of books, supplies and tuition, and shall not lose pay for time attending class if: 1) the course is required by the City, and/or 2) the department head provides written approval prior to the taking of the course. Expense Advance for Job -Related Training - City Administrative Procedure for job related training provides for a payment advance of 50% of the cost of tuition and required books for a class which costs $200 or more to enroll. The balance of the cost will be reimbursed after completion of the course with a passing grade. Employees must refund all advances made by the City if the class is not completed or not passed. AFSCME 829 -21- ( 14. Promotion Filling of Vacancies - The City Manager and/or their designee will determine if higher positions in the classified service shall be filled by promotion based on the City Rules and Regulations and the following: The best interests of the City will be served by promoting from within. There is a minimum of one internal candidate that meets the minimum qualifications for the promotional opportunity. Any promotional examination shall comply with the City Rules and Regulations governing competitive examinations. Notice of the recruitment for a promotional position will be emailed out by the Human Resources Department. The Human Resources Department will also include an email notice to the Union President of the promotional vacancy. Employment Lists Employment lists shall become effective upon the approval of the Human Resources Director. Employment lists shall remain in effect for one (1) year from the date of approval, unless sooner exhausted, and may be extended, prior to their expiration dates, by approval of the Human Resources Director for up to one (1)' year period, but in no event shall an employment list remain in effect for more than two (2) years. The name of any person on an employment list may be removed by the City Manager if the eligible person requests in writing that his/her name be removed, or if the employee fails to respond to a written offer of employment within five (5) business days next succeeding receipt of the mailing of the notice, which shall be by regular mail. A candidate who rejects an offer of employment shall be removed from the employment list. Time for Promotional Examinations — Promotional examinations scheduled by the City during an employee's regular working hours may be taken without any loss in compensation. Probationary Period - The probationary period for a new City employee shall be twelve (12) months. The probationary period for an existing employee who accepts a promotion shall be six (6) months. Extension - The City may extend the probationary period for an equal period of time in case of absence of thirty (30) days or more for extended sick or accident leave. Reiection From Probation - Any employee who is in a probationary status may be rejected during the probationary period without cause. Any employee who has gained permanent status and thereafter accepts a promotion may be rejected during the probationary period without cause; provided, however, said employee shall retain all other rights of a permanent employee in the position held prior to promotion (including the right of return to the former position). Those rights can only be affected for cause. Grievance Rights - An employee who believes that a promotion according to this provision has been improperly denied, may file a grievance regarding such denial. AFSCME 829 -22- However, such grievance cannot under any circumstances be appealed beyond the level of the City Manager. 15. Transfer An employee may be transferred from one position to another position in the same or comparable classifications upon approval of the affected department heads. 16. Layoff and Recall Layoff - Regular employees may be laid off, without prejudice, due to lack of funds or curtailment of work. No regular employee, may be separated while there are temporary employees serving in the same class or position in the City. Procedure - When a department head is instructed by the City Manager to reduce the number of employees, layoff shall be made in accordance with the following rules: Order - Layoffs shall be by job classification according to reverse order of seniority as defined by total City service. Displacement Rights - The employees to be laid off may displace the least senior employee in the lateral or next lower classification in which he/she previously held permanent status, provided the displaced employee has less total City service. Vacancies - An employee may demote or transfer to a vacant position for which he/she t possesses the necessary skills as determined by the minimum qualifications and job specifications for position. Re -Employment List - The name of each employee laid off shall be entered on a re-employment list in order of seniority for three (3) years. Benefits Upon Re -Employment - Former employees appointed from a re-employment eligible list shall be restored all rights accrued prior to being laid off, such as but not limited to, sick leave, vacation credits, and credit for years of service. However, such re-employed employees shall not be eligible for benefits for which they received compensation at the time of or subsequent to the date they were laid off. Notice - a minimum of fourteen (14) calendar days notice must be given to the employee prior to the date of layoff. 17. Resignation Any employee wishing to resign from employment shall file with the department head a notice of intention to leave at least two (2) weeks in advance. Said notice will state the effective date of departure. Entitlement to final paycheck shall be in compliance with state and federal law. AFSCME 829 -23- 18. Reinstatement An employee who has resigned in good standing may request reinstatement by the City Manager or designee. The employee may be reinstated to a vacant position, if it is determined to be in the best interest of the needs of the City. Following a one (1) year period after resignation, the City Manager or designee may require such employee to submit to a physical examination and to serve a new probationary period. 19. Discipline General — The City retains the right to impose disciplinary action upon an employee of this unit; however, disciplinary action may be imposed upon any regular employee for just cause. Types of Penalties — Disciplinary action shall be limited to: written reprimand, suspension from work, demotion in class and/or pay step and termination. Notice — The City agrees to give any employee who is being disciplined at least ten (10) calendar days notice of such disciplinary action. Method of Reprimand — If the City has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. Administrative Leave — The City may also place an employee on administrative leave with pay pending and investigation into alleged misconduct. Appeal Rights — Any disciplinary action or measure may be appealed in accordance with the following procedure: Within ten (10) working days of his/her receipt of the written decision from his/her department head or designee imposing disciplinary action, an employee wishing to appeal must file such appeal in writing with the City Manager. The City Manager shall consider the matter and render a decision within fifteen (15) working days from the date of receipt of the appeal. Upon request of the employee or his/her representative, such consideration shall include a meeting with the employee and his/her representative to receive any information or position they may wish to present. The City Manager's decision on written reprimands and suspensions of one (1) day or less shall be final, and such matters may not be grieved or appealed beyond this level. Within ten (10) working days of his/her receipt of the City Manager's decision, an employee wishing to appeal further must notify the Human Resources Director in writing of his/her intent to do so. Any written appeal must indicate that the employee is filing a grievance pursuant to the requirements of Section 21, Grievance Procedure Subsection 21.2.4. Arbitration. AFSCME 829 -24- The employee may elect only one appeal option, not both. Notification of Discipline - The City will notify the Union of any pending disciplinary action prior to such action being taken against a bargaining unit member; and if the Union does not represent the unit member in the disciplinary action, the Union will be notified of the disposition of the matter. Placement in Personnel Files - An employee or, upon presentation of written authorization from the employee, an employee's representative shall have access to the employee's personnel file upon request. No written reprimand or performance evaluation shall be placed in an employee's personnel file until the employee has been given the opportunity to review and a reasonable opportunity to respond in writing to such a document. "Written reprimand" as used herein is defined as a written communication to the employee formally notifying the employee of conduct or omission which is the basis for discipline. 20. Grievance Procedure Definitions: "Days" as used herein shall be days when the City Hall of the City of Burlingame is open for business. "Grievance" is any dispute over the interpretation or application of any provision of this Memorandum by any employee adversely affected thereby. "Grievant" is an individual employee or employee organization adversely affected by any dispute over the interpretation or application of any provision of this Memorandum. It is agreed that the Union can only grieve disputes over Sections 1, 2, 3, 4, 6 and 7 of this Memorandum. Steps: Step 1 — Supervisor or Manager - Grievant shall discuss the grievance with his/her appropriate management personnel within fifteen (15) days of actual or constructive knowledge of the existence of the grievance. If the issue is not resolved, grievant shall be entitled to proceed to Step 2. Step 2 — Department Head - Within ten (10) days of the conclusion of the Step 1 meeting, grievant shall file with his/her department head a written grievance setting forth the following: Name Classification Supervisor Section or Sections of the Memorandum allegedly violated Remedy sought Union AFSCME 829 -25- Within ten (10) days of receipt of the written grievance, the department head will meet with the grievant and his/her representative to reach a satisfactory resolution. Step 3 — City Manager - If the grievance is not resolved at Step 1 or Step 2, it may be appealed to the City Manager within ten (10) days of the receipt of the Department Head's response at Step 2. Said appeal shall be in the form of a written request to proceed to Step 3, along with the written grievance. The City Manager or designee shall respond to the grievance within ten (10) days of receipt of the written appeal. The decision of the City Manager shall be final, except as provided in Step 4. Step 4 — Arbitration - If the grievant is not satisfied with the decision at Step 3, within five (5) days after receipt of the Step 3 response, the grievant may request in writing that the Union submit the grievance to arbitration, within ten (10) days of the grievant's receipt of the decision at Step 3, the Union shall inform the City in writing if its intent is to advance the grievance to arbitration. Arbitrator Selection Process — If arbitration has been invoked under 21.2.4 b. above, within five (5) days of the Union notification that the grievance is being advanced to arbitration, an arbitrator shall be selected by mutual agreement, and if no agreement on an arbitrator can be reached within that five (5) day period, the parties shall request of the State Conciliation Service a list of five (5) names of persons experienced in hearing grievances. Each party shall alternately strike a name until only one (1) name remains. The order of strike shall be determined by lot. Decision - In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a decision on the issues by referring to the written grievance and the answers thereto at each step. After the hearing, and after both parties have been given the opportunity to make written arguments, the arbitrator shall submit, in writing, his/her findings and award to the Union and the City. The award of the arbitrator shall be advisory to the City Council. Arbitrator's Authority - The arbitrator will have no power to add to, subtract from, or modify the terms of the Memorandum or the written policies, rules, regulations, and procedures of the City; nor shall the arbitrator be empowered to render a decision on issues not before the arbitrator or on facts not supported by the evidence. Arbitration Costs - The fees and expenses of the arbitrator and each hearing shall be borne equally by the City and the Union; or if an individual pursues arbitration without the Union's consent, said individual shall share equally in the cost with the City, provided, however, that no grievance involving interpretation of this Memorandum of Understanding may be advanced to arbitration without the concurrence of the Union. All other expenses shall be borne by the party incurring them, Ouestions of Arbitrability - If any question arises regarding the arbitrability of a grievance, the party raising the question of arbitrability may, upon request, have such question first ruled upon and decided by an arbitrator prior to any other hearing on the merits of the grievance which would thereafter be conducted by a second and different AFSCME 829 -26- arbitrator. The fees and expenses of the separate arbitrator deciding the issue or arbitrability shall be borne by the party which raised the question of arbitrability. Waiver of Other Remedies - By submitting the grievance to arbitration, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. The processing of a grievance beyond Step 3 shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction. Failure to Pursue Grievant - Any failure by grievant to purse his/her grievance within the time limits to the next step shall be a voluntary abandonment of the grievance, and grievant shall not thereafter be entitled to pursue said grievance. Such settlement in favor of the City shall not prejudice the rights of the Union or other employees to pursue a similar grievance, provided all other requirements of this Memorandum are met. Cl - Any failure by the City to respond within the time limits set forth shall entitle grievant to pursue his/her grievance to the next step. Representation and Release Time Grievant shall be entitled to be represented by his/her Union and/or his/her attorney at any grievance meeting or discussion described in any one (1) of the steps of the grievance procedure; provided, however, in no event shall more than one (1) City employee, in addition to grievant, attend such grievance meetings. The limitations of this Section shall apply to employees on paid release time and not to Union staff or witnesses who may be necessary to the grievance. Neither grievant nor his/her representative shall suffer loss of pay for attending the meetings described in the steps of the grievance procedure. Except for grievance meetings described in the steps of the grievance procedure, neither grievant nor any representative of grievant shall be entitled to use regular work time to process the grievance. Other Procedures - The grievance procedure set forth herein shall supersede and replace any other grievance or appeal procedures otherwise available to represented employees and are deemed sufficient to satisfy procedural due process requirements for such hearings and/or appeals. AFSCME 829 -27- 21. Concerted Activities It is agreed and understood that there will be no strike, work stoppage, slow down or refusal to perform job functions during the term of the Memorandum, However, this provision will not require an employee to cross a picket line of a sanctioned strike if such crossing might reasonably lead to direct harm to the employee. 22. City Rights The City hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Constitution of the United States, the Constitution of California, the laws of the United States, the laws of California, the ordinances and resolutions of the City of Burlingame and shall be limited only by the express and specific terms of this Memorandum. 23. Effect of Agreement This Memorandum shall supersede any prior Memoranda of Understanding, rules, regulations or ordinances in direct conflict with the provisions hereof. 24. Modification There will be no alteration or modification of any provision contained in this Memorandum without the written consent of all parties hereto. 25. Total Agreement This Memorandum constitutes a full and complete agreement by the parties and contains all of the matters upon which the parties reached agreement. Any matter not contained in this Memorandum has not been agreed upon and, if raised in negotiations, was dropped by the party raising it as part of a good faith attempt to reach agreement. 26. New Work In the event the City introduces new work which the Union believes does not fall within any of the existing classifications, the City and the Union shall, upon written request, meet and confer with respect to the assignment or classification of such work. 27. Separability of Provisions Should any Section, clause or provision of this Memorandum be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such Section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum. In AFSCME 829 -28- the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for provisions rendered or declared illegal. 28. Term Except as specifically provided herein, this Memorandum shall remain in effect for those employees employed in the classifications which comprise the AFSCME bargaining unit for the period from July 1, 2015 to June 30, 2018, For AFSCME Local 829: For the City of Burlingame: Date: 101 G✓ Date:1 0 ISI ISS Tina Acree AFSCME Business Agent Lisa Goldman City Manager 'Liz Roscoe Leslie Loomis President i Vi6pg N Crotiat r Joleen NzfIley Negotiator Human Resources Director Glenn Berkheimer IEDA Negotiaor AFSCME 829 -29- Sr. HR Analyst Exhibit A - Salaries EXHIBIT A -CITY OF BURLINGAME AFSCME 829 EFFECTIVE THE FIRST PAYROLL PERIOD ,IDLY 2015 THROUGH JUNE 2016 The salaries listed below are estimates. AdUal salary may vary slightly due to rounding at time ofpayroll system implementation CLASS TITLE UNIT A B C D E A100 ADMINISTRATIVE ASSISTANT H MONTHLY 5362.31 5626.60 5904.80 6183.00 6479.74 BIWEEKLY 2474.91 2596.89 2725.29 2853.69 2990.65 HRLY.RATE 30.94 32.46 34.07 35.67 37.38 A101 BUILDING MAINTENANCE WORKER MONTHLY 4963.55 5223.21 5438.81 5723.97 6004.48 BIWEEKLY 2290.87 2410.71 2510.22 2641.83 2771.30 HRLY.RATE 28.64 30.13 31.38 33.02 34.64 A102 ACCOUNTING ASSISTANT III MONTHLY 5111.93 5362.31 5626.60 5909.43 6203.86 BIWEEKLY 2359.35 2474.91 2596.89 2727.43 2863.32 HRLY.RATE 29.49 30.94 32.46 34.09 35.79 A103 ACCOUNTING TECHNICIAN MONTHLY 5638.19 5918.71 6215.45 6523.79 6850.68 BIWEEKLY 2602.24 2731.71 2868.67 3010.98 3161.85 HRLY.RATE 32.53 34.15 35.86 37.64 39.52 A104 ACCOUNTING ASSISTANT I MONTHLY 4031.58 4237.91 4448.88 4662.17 4884.73 BIWEEKLY 1860.73 1955.96 2053.33 2151.77 2254.49 HRLY.RATE 23.26 24.45 25.67 26.90 28.18 A105 ADMINISTRATIVE ASSISTANT I MONTHLY 4873.14 5128.15 5383.17 5647.46 5918.71 BIWEEKLY 2249.14 2366.84 2484.54 2606.52 2731.71 HRLY.RATE 28.11 29.59 31.06 32.58 34.15 A106 CUSTODIAN MONTHLY 4068.68 4256.46 4465.11 4699.26 4942.69 BIWEEKLY 1877.85 1964.52 2060.82 2168.89 2281.24 HRLY.RATE 23.47 24.56 25.76 27.11 28.52 A107 OFFICE ASSISTANT I MONTHLY 3871.62 4068.68 4270.37 4474.38 4717.81 BIWEEKLY 1786.90 1877.85 1970.94 2065.10 2177.45 HRLY.RATE 22.34 23.47 24.64 25.81 27.22 AIDS PLANNER MONTHLY 6586.39 6913.27 7265.66 7606.45 7993.61 BIWEEKLY 3039.87 3190.74 3353.38 3510.67 3689.36 HRLY.RATE 38.00 39.88 41.92 43.88 46.12 AFSCME 829 -30- A109 ACCOUNTANT[ MONTHLY 5900.16 6194.59 6495.97 6825.17 7165.97 BIWEEKLY 2723.15 2859.04 2998.14 3150.08 3307.37 HRLY.RATE 34.04 35.74 37.48 39.38 41.34 Al l0 ZONING TECHNICIAN MONTHLY 5621.96 5890.89 6185.31 6498.29 6813.58 BIWEEKLY 2594.75 2718.87 2654.76 2999.21 3144.73 HRLY.RATE 32.43 33.99 35.68 37.49 39.31 AI11 ASSISTANT PLANNER MONTHLY 5897.84 6194.59 6498.29 6822.86 7165.97 BIWEEKLY 2722.08 2859.04 2999.21 3149.01 3307.37 HRLY.RATE 34.03 35.74 37.49 39.36 41.34 Al 12 ASSOCIATE PLANNER MONTHLY 6586.39 6915.59 7261.02 7627.32 8009.84 BIWEEKLY 3039.87 3191.81 3351.24 3520.30 3696.85 HRLY.RATE 38.00 39.90 41.89 44.00 46.21 Al 13 SENIORPLANNER MONTHLY 7993.61 8390.05 8809.67 9250.15 9716.14 BIWEEKLY 3689.36 3872.33 4066.00 4269.30 4484.37 HRLY.RATE 46.12 48.40 50.83 53.37 56.05 A120 MANAGEMENT ASSISTANT MONTHLY 5879.29 6173.72 6479.74 6806.63 7145.10 BIWEEKLY 2713.52 2849.41 2990.65 3141.52 3297.74 HRLY.RATE 33.92 35.62 37.38 39.27 41.22 AI60 ACCOUNTING ASSISTANT It MONTHLY 4448.88 4662.17 4884.73 5111.93 5362.31 BIWEEKLY 2053.33 2151.77 2254.49 2359.35 2474.91 HRLY.RATE 25.67 26.90 28.18 29,49 30.94 A200 PARKING SYSTEM TECHNICIAN MONTHLY 4699.26 4942.69 5169.88 5424.90 5693.83 BIWEEKLY 2168.89 2281.24 2386.10 2503.80 2627.92 HRLY.RATE 27.11 28.52 29.83 31.30 32.85 A201 PARKING ENFORCEMENT OFFICER MONTHLY 4328.33 4534.66 4757.22 4996.01 5248.71 BIWEEKLY 1997.69 2092.92 2195.64 2305.85 2422.48 HRLY.RATE 24.97 26.16 27.45 28.82 30.28 A202 POLICE CLERK I MONTHLY 403 L58 4237.91 4448.88 4662.17 4884.73 BIWEEKLY 1860.73 1955.96 2053.33 2151.77 2254.49 HRLY.RATE 23.26 24.45 25.67 26.90 28.18 A203 POLICE CLERK It MONTHLY 4448,88 4662.17 4884.73 5111.93 5362.31 BIWEEKLY 2053.33 2151.77 2254.49 2359.35 2474.91 HRLYRATE 25.67 26.90 28.18 29.49 30.94 A204 POLICE CLERK III MONTHLY 6173.72 BIWEEKLY 2849.41 HRLY.RATE 35.62 A301 EMER.PREP/FIRE EDUC.SPECIALIST MONTHLY 5568.64 5832.93 6125.04 6440.33 6748.67 AFSCME 829 -31- A61 PUBLIC WORKS INSPECTOR MONTHLY 6521.47 6841.40 7186.83 7543.86 7926.38 BIWEEKLY 3009.91 3157.57 3317.00 3481.78 3658.33 AFSCME 829 -32- BIWEEKLY 2570.14 2692.12 2826.94 2972.46 3114.77 HRLY.RATE 32.13 33.65 35.34 37.16 38.93 A600 TRANSPORTATION ENGINEER MONTHLY 8362.23 8781.85 9220.01 9681.36 10168.21 BIWEEKLY 3859.49 4053.16 4255.39 4468.32 4693.02 HRLY.RATE 48.24 50.66 53.19 55.85 58.66 A601 TRAFFIC -CIVIL ENGINEER MONTHLY 7249.43 7597.18 7993.61 8399.32 8821.26 BIWEEKLY 3345.89 3506.39 3689.36 3876.61 4071.35 HRLY.RATE 41.82 43.83 46.12 48.46 50.89 A602 SENIOR BUILDING INSPECTOR MONTHLY 7335.21 7696.87 8065.48 8489.74 8920.95 BIWEEKLY 3385.48 3552.40 3722.53 3918.34 4117.36 HRLY.RATE 42.32 44.41 46.53 48.98 51.47 A603 BUILDING INSPECTOR MONTHLY 6537.70 6850.68 7207.70 7546.18 7912.47 BIWEEKLY 3017.40 3161.85 3326.63 3482.85 3651.91 HRLY.RATE 37.72 39.52 41.58 43.54 45.65 A604 ENGINEERING TECHNICIAN H MONTHLY 5545.45 5825.97 6125.04 6426.42 6741.71 BIWEEKLY 2559.44 2688.91 2826.94 2966.04 3111.56 HRLY.RATE 31.99 33.61 35.34 37.08 38.89 A605 ASSISTANT ENGINEER MONTHLY 691559 7249.43 7597.18 7993.61 8399.32 BIWEEKLY 3191.81 3345.89 3506.39 3689.36 3876.61 HRLY.RATE 39.90 41.82 43.83 46.12 48.46 A606 JUNIOR ENGINEER MONTHLY 6280.37 6577.11 6915.59 7249.43 7597.18 BIWEEKLY 2898.63 3035.59 3191.81 3345.89 3506.39 HRLY.RATE 36.23 37.94 39.90 41.82 43.83 A607 SENIOR PUBLIC WORKS INSPECTOR MONTHLY 7240.16 7606.45 7977.39 8357.59 8798.08 BIWEEKLY 3341.61 3510.67 3681.87 3857.35 4060.65 HRLY.RATE 41.77 43.88 46.02 48.22 50.76 A608 ASSOCIATE ENGINEER MONTHLY 7606.45 7977.39 8357.59 8798.08 9240.88 BIWEEKLY 3510.67 3681.87 3857.35 4060.65 4265.02 HRLY.RATE 43.88 46.02 48.22 50.76 53.31 A609 PERMIT TECHNICIAN MONTHLY 5179.16 5436.49 5717.01 5992.89 6294.28 BIWEEKLY 2390.38 2509.15 2638.62 2765.95 2905.05 HRLY.RATE 29.88 31.36 32.98 34.57 36.31 A610 PROJECT MANAGER/GIS COORD. MONTHLY 9704.54 BIWEEKLY 4479.02 HRLY.RATE 55.99 A61 PUBLIC WORKS INSPECTOR MONTHLY 6521.47 6841.40 7186.83 7543.86 7926.38 BIWEEKLY 3009.91 3157.57 3317.00 3481.78 3658.33 AFSCME 829 -32- HRLY.RATE 37.62 39.47 41.46 43.52 45.73 A612 PROGRAM MANAGER MONTHLY 8471.19 8897.76 9338.25 9806.55 10300.36 BIWEEKLY 3909.78 4106.66 4309.96 4526.10 4754.01 HRLY.RATE 48.87 51.33 53.87 56.58 59.43 A614 PERMIT TECH/GREEN BLDG SPEC. MONTHLY 5696.15 5981.30 6287.32 6593.34 6924.86 i BIWEEKLY 2628.99 2760.60 290 L84 3043.08 3196.09 HRLY.RATE 32.86 34.51 36.27 38.04 39.95 A615 ENVIRON, REG, COMPL.00ORDNATOR MONTHLY 6250.23 6560.88 6892.41 7235.52 7597.18 BIWEEKLY 2884.72 3028.10 3181.11 3339.47 3506.39 HRLY.RATE 36.06 37.85 39.76 41.74 43.83 A670 OFFICE ASSISTANT 11 MONTHLY 4240.23 4434.97 4657.53 4889.37 5114.24 BIWEEKLY 1957.03 2046.91 2149.63 2256.63 2360.42 HRLY.RATE 24.46 25.59 26.87 28.21 29.51 A701 RECREATION COORDINATOR MONTHLY 5081.79 5327.53 5580.23 5858.43 6148.22 BIWEEKLY 2345.44 2458.86 2575.49 2703.89 2837.64 HRLY.RATE 29.32 30.74 32.19 33.80 35.47 A705 BUILDING ATTENDANT MONTHLY 3250.30 3410.27 3586.46 3764.97 3945.80 BIWEEKLY 1500.14 1573.97 1655.29 1737.68 1821.14 HRLY.RATE 18.75 19.67 20.69 21.72 22.76 A706 BUILDING ATTENDANT - CS MONTHLY 4277.33 BIWEEKLY 1974.15 HRLY.RATE 24.68 A711 PROGRAM COORDINATOR MONTHLY 3523.87 3697.74 3880.89 4073.31 4277.33 BIWEEKLY 1626.40 1706.65 179L18 1879.99 1974.15 HRLY.RATE 20.33 21.33 22.39 23.50 24.68 A800 LIBRARIAN 11 MONTHLY 5679.92 5965.07 6252.55 6558.57 6901.68 BIWEEKLY 2621.50 2753.11 2885.79 3027.03 3185.39 HRLY.RATE 32.77 34.41 36.07 37.84 39.82 A801 LIBRARIAN I MONTHLY 5160.61 5410.99 5661.37 5951.16 6231.68 BIWEEKLY 2381.82 2497.38 2612.94 2746.69 2876.16 HRLY.RATE 29.77 31.22 32.66 34.33 35.95 A802 LIBRARY ASSISTANT III MONTHLY 4921.82 5146.70 5417.95 5684.55 5955.80 BIWEEKLY 2271.61 2375.40 2500.59 2623.64 2748.83 HRLY,RATE 28.40 29.69 31,26 32.80 34.36 A803 LIBRARY ASSISTANT lI MONTHLY 4409.47 4606.53 4852.27 5070.20 5320.58 BIWEEKLY 2035.14 2126,09 2239.51 2340.09 2455.65 HRLY.RATE 25.44 26.58 27.99 29.25 30.70 AFSCME 829 -33- A804 LIBRARY ASSISTANT I MONTHLY 3952.76 4159.09 4363.10 4562.48 4803.59 BIWEEKLY 1824.35 1919.58 2013.74 2105.76 2217.04 HRLY.RATE 22.80 23.99 25.17 26.32 27.71 AFSCME 829 -34- CITY OF BURLINGAME AFSCME 829 EFFECTIVE 07/01/2016 The salaries listed below are estimates. Actual salary may vary slightly due to rounding at time ofpayroll system implementation CLASS TITLE UNIT A B C D E AI00 ADMINISTRATIVE ASSISTANT If MONTHLY 5522.27 5795.83 6080.99 6368.46 6674.48 BIWEEKLY 2548.74 2675 2806.61 2939.29 3080.53 HRLY.RATE 31.86 33.44 35.08 36.74 38.51 A101 BUILDING MAINTENANCE WORKER MONTHLY 5111.93 5380.85 5601.09 5895.52 6185.31 BIWEEKLY 2359.35 2483.47 2585.12 2721.01 2854.76 HRLY.RATE 29.49 31.04 3231 34.01 35.68 M02 ACCOUNTING ASSISTANT III MONTHLY 5264.94 5522.27 5795.83 6085.63 6389.33 BIWEEKLY 2429.97 2548.74 2675 2808.75 2948.92 HRLY.RATE 30.37 31.86 33.44 35.11 36.86 At03 ACCOUNTING TECHNICIAN MONTHLY 5807.43 6097.22 6400.92 6718.53 7057.01 BIWEEKLY 2680.35 2814.1 2954.27 3100.86 3257.08 HRLY.RATE 33.5 35.18 36.93 38.76 40,71 At04 ACCOUNTING ASSISTANT I MONTHLY 4152.14 4365.42 4583.35 4801.27 5030.78 BIWEEKLY 1916.37 2014.81 2115.39 2215.97 2321.9 HRLY.RATE 23.95 25.19 26.44 27.7 29.02 A105 ADMINISTRATIVE ASSISTANT I MONTHLY 5019.19 5281.16 5545.45 5816.7 6097.22 BIWEEKLY 2316.55 2437.46 2559.44 2684.63 2814.1 HRLY.RATE 28.96 30.47 31.99 33.56 35.18 A106 CUSTODIAN MONTHLY 4191.55 4383.97 4599.57 4840.68 5091.06 BIWEEKLY 1934.56 2023.37 2122.88 2234.16 2349.72 HRLY.RATE 24.18 25.29 26.54 27.93 29.37 A107 OFFICE ASSISTANT I MONTHLY 3987.53 4191.55 4397.88 4608.85 4859.23 BIWEEKLY 1840.4 1934.56 2029.79 2127.16 2242.72 HRLY.RATE 23.01 24.18 25.37 26.59 28.03 A108 PLANNER MONTHLY 6783.44 7119.6 7483.58 7833.65 8232.4 BIWEEKLY 3130.82 3285.97 3453.96 3615.53 3799.57 HRLY.RATE 39.14 41.07 43.17 45.19 47.49 A109 ACCOUNTANT[ MONTHLY 6076.35 6380.05 6690.71 7029.19 7381.57 BIWEEKLY 2804.47 2944.64 3088.02 3244.24 3406.88 HRLY,RATE 35.06 36.81 38.6 40.55 42.59 AHO ZONING TECHMCIAN MONTHLY 5791.2 6067.08 6370.78 6693.03 7017.6 BIWEEKLY 2672.86 2800.19 2940.36 3089.09 3238.89 HRLY.RATE 33.41 35 36.75 38.61 40.49 AIII ASSISTANT PLANNER MONTHLY 6074.03 6380.05 6693.03 7026.87 7381.5Y AFSCME 829 -35- BIWEEKLY 2803.4 2944.64 3089.09 3243.17 3406.88 HRLY,RATE 35.04 36.81 38.61 40.54 42.59 AI 12 ASSOCIATE PLANNER MONTHLY 6783.44 7121.92 7478.94 7856.83 8250.95 BIWEEKLY 3130.82 3287.04 3451.82 3626.23 3808.13 HRLY.RATE 39.14 41.09 43.15 45.33 47.6 Al 13 SENIORPLANNER MONTHLY 8232.4 8642.75 9073.96 9528.35 10008.25 BIWEEKLY 3799.57 3988.96 4187.98 4397.7 4619.19 HRLY.RATE 47.49 49.86 52.35 54.97 57.74 A120 MANAGEMENT ASSISTANT MONTHLY 6055.49 6359,19 6674.48 7010.64 7358.39 BIWEEKLY 2794.84 2935.01 3080.53 3235.68 3396.18 HRLY.RATE 34.94 36.69 38.51 40.45 42.45 A160 ACCOUNTING ASSISTANT II - MONTHLY 4583.35 4801.27 5030.78 5264.94 5522.27 BIWEEKLY 2115.39 2215.97 2321.9 2429.97 2548.74 HRLY.RATE 26.44 27.7 29.02 30.37 31.86 A200 PARKING SYSTEM TECHNICIAN MONTHLY 4840.68 5091.06 5325.21 5587.18 5865.38 BIWEEKLY 2234.16 2349.72 2457.79 2578.7 2707.1 HRLY.RATE 27.93 29.37 30.72 32.23 33.84 A201 PARKING ENFORCEMENT OFFICER MONTHLY 4458.16 4671.44 4900.96 5146.7 5406,35 BIWEEKLY 2057.61 2156.05 2261.98 2375.4 2495.24 HRLY.RATE 25.72 26.95 28.27 29.69 31.19 A202 POLICE CLERK I MONTHLY 4152.14 4365.42 4583.35 4801.27 5030.78 BIWEEKLY 1916.37 2014.81 2115.39 2215.97 2321.9 HRLY.RATE 23.95 25.19 26.44 27,7 29.02 A203 POLICE CLERK II MONTHLY 4583.35 4801.27 5030.78 5264.94 5522.27 BIWEEKLY 2115.39 2215.97 2321.9 2429.97 2548.74 HRLY.RATE 26.44 27.7 29.02 30.37 31.86 A204 POLICE CLERIC [I1 MONTHLY 6359.19 BIWEEKLY 2935.01 HRLY.RATE 36.69 A301 EMER. PREP/FIRE EDUC. SPECIALIST MONTHLY 5735.56 6006.8 6308.19 6632.75 6950.36 BIWEEKLY 2647.18 2772.37 2911.47 3061.27 3207.86 HRLY.RATE, 33.09 34.65 36.39 38.27 40.1 A600 TRANSPORTATION ENGINEER MONTHLY 8612.61 9046.14 9495.89 9971.15 10474.23 BIWEEKLY 3975.05 4175.14 4382.72 4602.07 4834.26 HRLY.RATE 49.69 52.19 54.78 57.53 60.43 A601 TRAFFIC -CIVIL ENGINEER MONTHLY 7467.35 7824.38 8232.4 8652.02 9085.55 BIWEEKLY 3446.47 3611.25 3799.57 3993.24 4193.33 HRLY.RATE 43.08 45.14 47.49 49.92 52.42 A602 SENIOR BUILDING INSPECTOR MONTHLY 7555.45 7928.7 8306.59 8744.75 9187.56 BIWEEKLY 3487.13 3659.4 3833.81 4036.04 4240.41 HRLY.RATE 43.59 45.74 47.92 50.45 53.01 AFSCME 829 -36- A603 { BUILDING INSPECTOR MONTHLY 6734.76 7057.01 74233 7773.37 8148.94 BIWEEKLY 3108.35 3257.08 3426.14 3587.71 3761.05 HRLY.RATE 38.85 40.71 42.83 44.85 47,01 A604 ENGINEERING TECHNICIAN 11 A605 ASSISTANT ENGINEER A606 JUNIORENGMEER A607 A608 SENIOR PUBLIC WORKS INSPECTOR ASSOCIATE ENGINEER A609 PERMIT TECHNICIAN A610 A61 A612 A614 A615 A670 A701 PROJECT MG/GIS COORDINATOR PUBLIC WORKS INSPECTOR PROGRAM MANAGER PERMITTECH/GREEN BLDG SPEC. ENVIRON. REG, COMPLCOORDINATOR OFFICE ASSISTANT It RECREATION COORDINATOR MONTHLY 5712.37 5999.85 6308.19 6618.84 6943.41 BIWEEKLY 2636.48 2769.16 2911.47 3054.85 3204.65 HRLY.RATE 32.96 34.61 36.39 38.19 40.06 MONTHLY 7121.92 7467.35 7824.38 8232.4 8652.02 BIWEEKLY 3287.04 3446.47 3611.25 3799.57 3993.24 HRLY.RATE 41.09 4108 45.14 47.49 49.92 MONTHLY 6468.15 6774.17 7121.92 7467.35 7824.38 BIWEEKLY 2985.3 3126.54 3287.04 3446.47 3611.25 HRLY.RATE 37.32 39.08 41.09 43.08 45.14 MONTHLY 7458.08 7833.65 8216.17 8607.97 9062.37 BIWEEKLY 3442.19 3615.53 3792.08 3972.91 4182.63 HRLY.RATE 43.03 45.19 47.4 49.66 52.28 MONTHLY 7833.65 8216.17 8607.97 9062.37 9519.08 BIWEEKLY 3615.53 3792.08 3972.91 4182.63 4393.42 HRLY.RATE 45.19 47.4 49.66 52.28 54.92 MONTHLY 5334.49 5598.78 5888.57 6173.72 6482.06 BIWEEKLY 2462.07 2584.05 2717.8 2849.41 2991.72 " HRLY.RATE 30.78 32.3 33.97 35.62 37.4 MONTHLY 9996.65 BIWEEKLY 4613.84 HRLY.RATE 57.67 MONTHLY 6716.21 7047.73 7402.44 7771.05 8165.17 BIWEEKLY 3099.79 3252.8 3416.51 3586.64 3768.54 HRLY.RATE 38.75 40.66 42.71 44.83 47.11 MONTHLY 8726.21 9164.37 9618.77 10100.98 10608.69 BIWEEKLY 4027.48 4229.71 4439.43 4661.99 4896.32 HRLY.RATE 50.34 52.87 55.49 58.27 61.2 MONTHLY 5867.7 6159.81 6475.11 6790.4 7133.51 BIWEEKLY 2708.17 2842.99 2988.51 3134.03 3292.39 HRLY.RATE 33.85 35.54 37.36 39.18 41.15 MONTHLY 6438.01 6757,94 7098.74 7453.44 7824.38 BIWEEKLY 2971.39 3119.05 3276.34 3440.05 3611.25 HRLY.RATE 37.14 38.99 40.95 43 45.14 MONTHLY 4367.74 4567.12 4796.63 5035.42 5267.25 BIWEEKLY 2015.88 2107.9 2213.83 2324.04 2431.04 HRLY.RATE 25.2 26.35 27.67 29,05 30.39 MONTHLY AFSCME 829 -37- 5234.8 5487.5 5747.15 6034.62 63316 AFSCME 829 -38- BIWEEKLY 2416.06 2532.69 2652.53 2785.21 2923.24 HRLY.RATE 30.2 31.66 33.16 34.82 36.54 A705 BUILDING ATTENDANT MONTHLY 3347.67 3512.28 3693.11 3878.57 4064.04 BIWEEKLY 1545.08 1621.05 1704.51 1790.11 1875.71 HRLY.RATE 19.31 20.26 21.31 22.38 23.45 A706 BUILDING ATTENDANT - CS MONTHLY 4404.83 BIWEEKLY 2033 HRLY.RATE 25.41 A711 PROGRAM COORDINATOR MONTHLY 3630.51 3809.02 3996.81 4196.18 4404.83 BIWEEKLY 1675.62 1758.01 1844.68 1936.7 2033 HP LY.RATE 20.95 21.98 23.06 24.21 25.41 A800 LIBRARIAN 11 MONTHLY 5851.47 6143.58 6440.33 6755.62 7108.01 BIWEEKLY 2700.68 2835.5 2972.46 3117.98 3280.62 HRLY.RATE 33.76 35.44 37.16 38.97 41.01 A801 LIBRARIAN 1 MONTHLY 5315.94 5573.27 5830.61 6129.67 6419.47 BIWEEKLY 2453.51 2572.28 2691.05 2829.08 2962.83 HRLY.RATE 30.67 32.15 33.64 35.36 37.04 A802 LIBRARY ASSISTANT Ill MONTHLY 5070.2 5302.03 5580.23 5856.11 6134.31 BIWEEKLY 2340.09 2447.09 2575.49 2702.82 2831.22 HRLY.RATE 29.25 30.59 32.19 33.79 35.39 A803 LIBRARY ASSISTANT II MONTHLY 4541.62 4745.63 4998.33 5223.21 5480.54 BIWEEKLY 2096.13 2190.29 2306.92 2410.71 2529.48 HRLY.RATE 26.2 27.38 28.84 30.13 31.62 A804 LIBRARY ASSISTANT I MONTHLY 4070.99 4284.28 4492.93 4699.26 4947.32 BIWEEKLY 1878.92 1977.36 2073.66 2168.89 2283.38 HRLY.RATE 23.49 24.72 25.92 27.11 28.54 AFSCME 829 -38- CITY OF BURLL`IGA VIE AFSCME 829 EFFECTIVE 07/01/2017 The salaries listed below are estimates. Actual salary may vary slightly due to rounding at time ojpayroll system implementation CLASS TITLE A100 ADMINISTRATIVE ASSISTANT II AI01 BUILDING MAINTENANCE WORKER A102 ACCOUNTING ASSISTANT IH A103 ACCOUNTING TECHNICIAN A104 ACCOUNTING ASSISTANT I A105 ADMINISTRATIVE ASSISTANT I A106 CUSTODIAN A107 OFFICE ASSISTANT I A108 PLANNER A109 ACCOUNTANTI UNIT A B C D E MONTHLY 5686.87 5969.71 6264.14 6558.57 6873.86 j BIWEEKLY 2624.71 2755.25 2891.14 3027.03 3172.55 HRLY.RATE 32.81 34.44 36.14 37.84 39.66 MONTHLY 5264.94 5543.14 5768.01 6071.72 6370.78 BIWEEKLY 2429.97 2558.37 2662.16 2802.33 2940.36 HRLY.RATE 30.37 31.98 33.28 35.03 36.75 MONTHLY 5422.58 5686.87 5969.71 6268.77 6581.75 BIWEEKLY 2502.73 2624.71 2755.25 2893.28 3037.73 HRLY.RATE 31.28 32.81 34.44 36.17 37.97 MONTHLY 5981.30 6280.37 6593.34 6920.23 7267.98 BIWEEKLY 2760.60 2898.63 3043.08 3193.95 3354.45 HRLY.RATE 34.51 36.23 38.04 39.92 41.93 MONTHLY 4277.33 4495.25 4720.13 4945.01 518...0 BIWEEKLY 1974.15 2074.73 2178.52 228231 2391.45 HRLY.RATE 24.68 25.93 27.23 28.53 29.89 MONTHLY 5169.88 5438.81 5712.37 5990.57 6280.37 BIWEEKLY 2386.10 2510.22 2636.48 2764.88 2898.63 HRLY.RATE 29.83 31.38 32.96 34.56 36.23 MONTHLY 4316.74 4516.11 4738.67 4986.74 5244.07 BIWEEKLY 1992.34 2084.36 2187.08 2301.57 2420.34 HRLY.RATE 24.90 26.05 27.34 28.77 30.25 MONTHLY 4108.09 4316.74 4530.02 4747.95 5005.28 BIWEEKLY 1896.04 1992.34 2090.78 2191.36 2310.13 HRLY.RATE 23.70 24.90 26.13 27.39 28.88 MONTHLY 6987.46 7332.89 7708.46 8067.80 8480.46 BIWEEKLY 3224.98 3384.41 3557.75 3723.60 3914.06 HRLY.RATE 40.31 42.31 44.47 46.55 48.93 MONTHLY 6259.50 6572.48 6892.41 7240.16 7604.13 BIWEEKLY 2889.00 3033.45 3181.11 3341.61 3509.60 HRLY.RATE 36.11 37.92 39.76 41.77 43.87 AFSCME 829 -39- 3 A110 ZONING TECHNICIAN MONTHLY 5965.07 6250.23 6560.88 6894.72 7228.56 BIWEEKLY 2753.11 2884.72 3028.10 3182.18 3336.26 HRLY.RATE 34.41 36.06 37.85 39.78 41.70 i Al l l ASSISTANT PLANNER MONTHLY 6257.18 6572.48 6894.72 7237.84 7604.13 BIWEEKLY 2887.93 3033.45 3182.18 3340.54 3509.60 HRLY.RATE 36.10 37.92 39.78 41.76 43.87 A112 ASSOCIATE PLANNER MONTHLY 6987.46 7335.21 7703.82 8093.30 8499.01 BIWEEKLY 3224.98 3385.48 3555.61 3735.37 3922.62 HRLY.RATE 40.31 42.32 44.45 46.69 49.03 Al 13 SENIOR PLANNER MONTHLY 8480.46 8902.40 9345.20 9813.51 10309.63 BIWEEKLY 3914.06 4108.80 4313.17 4529.31 4758.29 HRLY.RATE 48.93 51.36 53.91 56.62 59.48 A120 MANAGEMENT ASSISTANT MONTHLY 6236.32 6549.29 6873.86 7221.61 7578.63 BIWEEKLY 2878.30 3022.75 3172.55 3333.05 3497.83 HRLY.RATE 35.98 37.78 39.66 41.66 43.72 A160 ACCOUNTING ASSISTANT II MONTHLY 4720.13 4945.01 5181.48 5422.58 5686.87 BIWEEKLY 2178.52 2282.31 2391.45 2502.73 2624.71 HRLY.RATE 27.23 28.53 29.89 31.28 32.81 A200 PARKING SYSTEM TECHNICIAN MONTHLY 4986.74 5244.07 5485.18 5754.10 6041.58 BIWEEKLY 2301.57 2420.34 2531.62 2655.74 2788.42 HRLY.RATE 28.77 30.25 31.65 33.20 34.86 A201 PARKING ENFORCEMENT OFFICER MONTHLY 4592.62 4810.54 5047.01 5302.03 5568.64 BIWEEKLY 2119.67 2220.25 2329.39 2447.09 2570.14 HRLY.RATE 26.50 27.75 29.12 30.59 32.13 A202 POLICE CLERK I MONTHLY 4277.33 4495.25 4720.13 4945.01 5181.48 BIWEEKLY 1974.15 2074.73 2178.52 2282.31 2391.45 HRLY.RATE 24.68 25.93 27.23 28.53 29.89 A203 POLICE CLERK H MONTHLY 4720.13 4945.01 5181.48 5422.58 5686.87 BIWEEKLY 2178.52 2282.31 2391.45 2502.73 2624.71 HRLY.RATE 27.23 28.53 29.89 31.28 32.81 A204 POLICE CLERK III MONTHLY 6549.29 BIWEEKLY 3022.75 i HRLY.RATE 37.78 A301 EMER.PREP./FIRE EDUC. SPECIALIST MONTHLY 5907.11 6187.63 6498.29 6832.13 7159.01 BIWEEKLY 2726.36 2855.83 2999.21 3153.29 3304.16 HRLY.RATE 34.08 35.70 37.49 39.42 41.30 A600 TRANSPORTATION ENGINEER MONTHLY 8869.94 9317.38 9781.05 10270.22 10789.52 AFSCME 829 -40- A601 TRAFFIC -CIVIL ENGINEER A602 SENIOR BUILDING INSPECTOR A603 BUILDING INSPECTOR A604 ENGINEERING TECHNICIAN H A605 ASSISTANT ENGINEER A606 JUNIOR ENGINEER BIWEEKLY 4093.82 4300.33 4514.33 4740.10 497 j HRLY.RATE 5117 53.75 56.43 59.25 62.ai MONTHLY 7692.23 8058.53 8480.46 8911.67 9359.11 BIWEEKLY 3550.26 3719.32 3914.06 4113.08 4319.59 HRLY.RATE 44.38 46.49 48.93 51.41 53.99 MONTHLY 7782.65 8167.49 8554.65 9006.73 9463.44 BIWEEKLY 3591.99 3769.61 3948.30 4156.95 4367.74 HRLY.RATE 44.90 47.12 49.35 51.96 54.60 MONTHLY 6936.45 7267.98 7645.86 8007.52 8392.37 BIWEEKLY 3201.44 3354.45 3528.86 3695.78 3873.40 HRLY.RATE 40.02 41.93 44.11 46.20 48.42 MONTHLY 5883.93 6180.68 6498.29 6818.22 7152.06 BIWEEKLY 2715.66 2852.62 2999.21 3146.87 3300.95 HRLY.RATE 33.95 35.66 37.49 39.34 41.26 MONTHLY 7335.21 7692.23 8058.53 8480.46 8911.67 BIWEEKLY 3385.48 3550.26 3719.32 3914.06 4113.08 HRLY.RATE 42.32 44.38 46.49 48.93 51.41 MONTHLY 6662.89 6978.18 7335.21 7692.23 8058.53 BIWEEKLY 3075.18 3220.70 3385.48 3550.26 37 HRLY.RATE 38.44 40.26 42.32 44.38 4 . y .R A607 SENIOR PUBLIC WORKS INSPECTOR MONTHLY 7682.96 8067.80 8461.92 8865.31 9333.61 BIWEEKLY 3545.98 3723.60 3905.50 4091.68 4307.82 HRLY.RATE 44.32 46.55 48.82 51.15 53.85 A608 ASSOCIATE ENGINEER MONTHLY 8067.80 8461.92 8865.31 9333.61 9804.23 BIWEEKLY 3723.60 3905.50 4091.68 4307.82 4525.03 HRLY.RATE 46.55 48.82 51.15 53.85 56.56 A609 PERMIT TECHNICIAN MONTHLY 5494.45 5765.70 6064.76 6359.19 6676.80 BIWEEKLY 2535.90 2661.09 2799.12 2935.01 3081.60 HRLY.RATE 31.70 33.26 34.99 36,69 38.52 A610 PROJ.MGR/GIS COORDINATOR MONTHLY 10295.72 BIWEEKLY 4751.87 HRLY.RATE 59.40 A611 PUBLIC WORKS INSPECTOR MONTHLY 6917.91 7258.70 7625.00 8005.21 8410.91 BIWEEKLY 3192.88 3350.17 3519.23 3694.71 3881.96 HRLY.RATE 39.91 41.88 43.99 46.18 48.52 A612 PROGRAM MANAGER MONTHLY 8988.18 9440.25 9906.24 10404.68 10926.31 BIWEEKLY 4148.39 4357.04 4572.11 4802.16 5 ' AFSCME 829 -41- A614 PERMIT TECH/GREEN BLDG SPEC. A615 ENVIRON.REG.COMPL. COORD. A670 OFFICE ASSISTANT II A701 RECREATION COORDINATOR A705 BUILDING ATTENDANT HRLY.RATE 51.85 54.46 57.15 60.03 63.04 MONTHLY 6043.90 6345.28 6669.85 6994.41 7346.80 BIWEEKLY 2789.49 2928.59 3078.39 3228.19 3390.83 HRLY.RATE 34.87 36.61 38.48 40.35 42.39 MONTHLY 6630.43 6959.64 7312.02 7676.00 8058.53 BIWEEKLY 3060.20 3212.14 3374.78 3542.77 3719.32 HRLY.RATE 38.25 40.15 42.18 44.28 46.49 MONTHLY 4499.89 4703.90 4940.37 5186.11 5424.90 BIWEEKLY 2076.87 2171.03 2280.17 2393.59 2503.80 HRLY.RATE 25.96 27.14 28.50 29.92 31.30 MONTHLY 5392.44 5652.10 5918.71 6215.45 6523.79 BIWEEKLY 2488.82 2608.66 2731.71 2868.67 3010.98 HRLY.RATE 31.11 32.61 34.15 35.86 37.64 MONTHLY 3447.36 3616.60 3804.39 3994.49 4186.91 BIWEEKLY 1591.09 1669.20 1755.87 1843.61 1932.42 HRLY.RATE 19.89 20.87 21.95 23.05 24.16 A706 BUILDING ATTENDANT - CS MONTHLY 4536.98 BIWEEKLY 2093.99 HRLY.RATE 26.17 _ A711 PROGRAM COORDINATOR MONTHLY 3739.47 3922.62 4117.36 4321.37 4536.98 BIWEEKLY 1725.91 1810.44 1900.32 1994.48 2093.99 HRLY.RATE 21.57 22.63 23.75 24.93 26.17 A800 LIBRARIAN II MONTHLY 6027.67 6329.05 6632.75 6957.32 7321.30 BIWEEKLY 2782.00 2921.10 3061.27 3211.07 3379.06 HRLY.RATE 34.78 36.51 38.27 40.14 42.24 A801 LIBRARIAN I MONTHLY 5475.90 5740.19 6004.48 6312.82 6611.89 BIWEEKLY 2527.34 2649.32 2771.30 2913.61 3051.64 HRLY.RATE 31.59 33.12 34.64 36.42 38.15 A802 LIBRARY ASSISTANT HI MONTHLY 5223.21 5461.99 5747.15 6032.30 6317.46 BIWEEKLY 2410.71 2520.92 2652.53 2784.14 2915.75 HRLY.RATE 30.13 31.51 33.16 34.80 36.45 A803 LIBRARY ASSISTANT H MONTHLY 4678.40 4887.05 5149.02 5380.85 5645.14 BIWEEKLY 2159.26 2255.56 2376.47 2483.47 2605.45 HRLY.RATE 26.99 28.19 29.71 31.04 32.57 A904 LIBRARY ASSISTANT I MONTHLY 4193.87 4411.79 4627.39 4840.68 5095.70 BIWEEKLY 1935.63 2036.21 2135.72 2234.16 2351.86 HRLY.RATE 24.20 25.45 26.70 27.93 29.40 AFSCME 829 -42- Exhibit B — Alternative Work Schedule POLICY The Alternative Work Schedule Policy provides an opportunity for eligible employees to work 40 -hour workweeks in less than the traditional 5 days per week. Alternative work schedules will be offered to the extent the practice does not negatively impact business operations or service to the community. Additionally, alternative work schedules will be offered in a way that will not materially increase the costs of serving the community of Burlingame. If a current employee is working a traditional 5/40 -work week and his/her individual circumstance is not conducive to an alternative work schedule, the supervisor and manager will assess if the employee can keep his/her traditional 5/40 schedule. Such an assessment will involve looking at the needs of the City, public, employee and workgroup. ELIGIBILITY The policy applies to full-time, permanent employees who shifts are traditionally scheduled Monday through Friday in the time period from 7AM - 7PM. Sworn public safety employees that are on shift or who work in administrative capacities are not eligible to participate in the Alternative Work Schedule Policy unless otherwise approved by the Police or Fire Chief. WORK SCHEDULE The standard alternative work schedule under this policy is referred to as a 9/80 work schedule. This provides that employees work nine (9) hours per day, four (4) days per week, plus one eight (8) hour day once every two weeks. If approved by the City Manager, departments may implement other alternative work schedules such as a 4/10. WORK WEEK The standard workweek is defined as forty (40) hours per week and will start at 12:01 pm on Friday. HOLIDAYS Holidays will retain their value of eight (8) hours per day. For example, if a holiday falls on what would otherwise be a nine (9) hour workday, the employee must either use one (1) hour of vacation, administrative or floating,holiday leave to be compensated for AFSCME 829 l _ -43- the additional hour. The employee, with the Department Head's approval, may also elect to work one additional hour another day within the workweek to make-up for this hour. HOURS OF OPERATION The City intends to expand the hours of operation for City facilities. However, prior to expanding hours to the public, the City will implement the pilot program; assess if it will be an on-going plan; and the evaluate options around expanding hours of operation. Such evaluation is expected to take place during the first six (6) months of the program. PROGRAM CRITERIA: The success of this program is based on the premise that City services will be maintained and will not deteriorate due to the implementation of an alternative work program. Prior to implementing such a program, each department will be required to submit standards that will be used to measure the program impacts. Such standards should include some measurement of: ✓ Productivity ✓ Quality of Service and Impact on Key -Indicators regarding Service ✓ Sick Leave Usage ✓ Complaints from the public or other City departments regarding staff unavailability ✓ If service hours are extended into the evening, usage during the later hours ✓ Proportion of work that has either fallen to others (not on alternative work schedule) or not being done in a timely manner ✓ Economic Impact — including increase in overtime ✓ Employee Morale Additionally, when designing a program for a specific unit or division, the following will need to be addressed: ✓ Adequate phone and counter coverage to provide services AFSCME 829 -44- I ✓ Cross -training to ensure all City services are maintained each day ✓ Sufficient supervision of the work group ✓ Coverage during peak vacation seasons ✓ Maintenance of services that require interdepartmental support ✓ Employee safety All employees that opt to participate in a pilot program will be required to submit an Alternative Work Schedule Agreement. Pilot programs will be for no more than six (6) months and are subject to department head approval. The pilot program is not subject to the City's grievance procedure. DATE: Date TO: Employee Name, Employee Job Title FROM: DH Name, Director Title SUBJECT: Alternative Work Schedule Agreement This agreement constitutes a month trial program for an alternative work schedule that will be in effect from to . However, as the Department Head, I reserve the right to discontinue the flex work schedule during this period time with a minimum of ten (10) days advanced notification. Additionally, the City may make temporary adjustments to your alternative work schedule due to work demands. The City will give you a minimum of five (5) days advanced notification. 1. Effective your new work schedule will be as follows: Week #1 (sample — use your actual) Monday through Thursday (7:30 a.m. — 5:00 p.m.) with a 1/2 hour lunch break. Friday (8:00 a.m. — 5:00 p.m.), with a 1 hour lunch break. Total Work Hours: 44 Week #2 (sample — use your actual) Monday through Thursday (7:30 a.m. — 5:00 p.m.) with a 1/2 hour lunch break. Friday (scheduled 9/80 day off). Total Work Hours: 36 2. Holidays: If a holiday falls on your scheduled 9/80 day off, you will receive 8 hours of Floating holiday. The days will be referred to as AWS Floater Days. All AWS floater days accrued in a calendar year must be used no later than January 31 of the following calendar year. You will not be allowed to carry-over, bank or accrue the AWS floater days. There is l_ AFSCME 829 -45- no cash value attached to an AWS floater day. You are not entitled to payment for any AWS floater days unused at the time of resignation or termination of City employment. 3. Other Leave Days Affected by 9/80 Day Off: If you take a day of vacation leave, sick leave, administrative leave or other benefit leave, you must use the number of hours which corresponds to your alternative work schedule. As an example, you will use 9 hours of sick leave if you are absent due to illness on a scheduled 9 -hour workday and 8 hours of sick leave if you are absent due to illness on a scheduled 8 -hour workday. 4. Vacation and Sick Leave Accrual: You will continue to accrue vacation leave, sick leave and other forms of leave at the rate specified in your employee MOU benefit agreement. S. Temporary Work Schedule Change: Temporary changes in your alternative work schedule must be pre -approved by the Department Head and require a minimum five (5) days advance notification. Additionally, due to work demands the Department Head may make temporary changes to your Alternative Work Schedule with a minimum five (5) days advance notice. 6. Vacation and Other Leave Requests: In order to minimize the impact of reduced staffing days, every attempt should be made to plan vacations and other leaves during your four (4) day work week. Special circumstances may be granted allowing overlapping of schedules only with prior approval of the Department Head. You are highly encouraged, although not mandated to schedule dental, doctor and other personal appointments on your 9/80 day off. 7. Employee Request to Discontinue Flex Work Schedule: You are required to commit to the prescribed alternative work schedule agreement. If you no longer choose to continue with the agreement, you will need to request that the agreement be terminated. Such a request needs to be submitted to me in writing with a minimum of thirty (30) days prior to the desired date of change. Any early termination of the agreement is subject to my approval. S. Extended Work Week: By agreeing to the Flex Work Schedule, you will be required to work one 44 hour and one 36 hour work week for a total of 80 hours in a regular two-week pay period. ***if for exempt act employee, use the following As a mid -manager and member of the Mid -Management Bargaining Unit, you do not accrue overtime, and will not be additionally compensated above and beyond the work week(s) as defined in this document. Mid -Management leave will continue to be accrued and dispersed as described in your Mid -Management MOU.****if eligible for OT, use the following Overtime hours will be based on hours worked in excess of your flex -time schedule. If you are scheduled to work a 9 -hour day, eligibility for overtime would not begin until after you have worked your regularly assigned 9 -hour day. 9. Work Expectations: You enter into this agreement knowing that there will be no modification to your workload or job expectations to accommodate an alternative work schedule. As such, if the City determines that this program is detrimental to your performance or negatively impacting job expectations, it may be terminated with a ten (10) day minimum notice. 10.Paychecks: Paychecks will not be released early to employees who are off on Fridays as a result of the Alternative Work Schedules. Employees on this program are strongly AFSCME 829 -46- encouraged to register for direct deposit. On payday, paychecks will be available on Friday f morning in the employee's department. My signature below signifies that I agree to all the listed conditions and understand that the City reserves the right to discontinue this program with ten (10) days advanced notification, Employee Name Date DH Name Date Employee Title DH Title Cc Personnel File AFSCME 829 -47- Exhibit C — FMLA Policy ADMINISTRATIVE PROCEDURES CITY OF BURLINGAME October 1, 2012 (revision) CATEGORY: Personnel PAGE: 4.25.1 SUBJECT: Family Medical Leave Act, California Family Rights Act, Pregnancy Disability Leave, State Disability Leave, and Paid Family Leave POLICY: The city shall grant family and medical leave in accordance with State Government Code Sections 12945 and 12945.2, the Federal Family and Medical Leave Act of 1993 (FMLA), the California Family Rights Act of 1994 (CFRA), the California Pregnancy Disability Leave Act (PDL), State Disability Insurance (SDI), Paid Family Leave (PFL) and existing city administrative or MOU procedures. A. FAMILY AND MEDICAL CARE LEAVE (FMLA and CFRA) Under state and federal law, eligible employees are entitled to up to twelve weeks of unpaid leave per year. FMLA and CFRA leave runs concurrently, with the exception that CFRA leave does not cover pregnancy disability. This leave shall not constitute a break in service for purposes of seniority, vacation accrual, etc. 1. Employee Eligibility To be eligible for family and medical leave benefits, an employee must: • Have worked for the City for a total of at least 12 months • Have actually worked at least 1,250 hours over the previous 12 months 2. Amount of Leave Available Eligible employees may receive up to a total of 12 work weeks of unpaid leave during any 12 -month period. The 12 -month period is measured backward from the date an employee last used any FMLA leave. As a result, the amount of leave an employee is entitled to take depends on how much time the employee has already taken during the 12 -months prior to the request. 3. Intermittent Leave and Minimum Duration of Leave If required by a health care provider, employees may take family and medical leave intermittently (in blocks of time interspersed during work time), or by reducing their normal weekly or daily work schedule. Intermittent leave can be taken in no less than one-hour increments and will be counted toward the annual 12 week allotment. AFSCME 829 -48- If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement. In addition, the basic minimum duration of such leave is two weeks, except that on no more than two occasions, an employee may use leave in a one -day minimum increment. 4. Reasons for Leave Leave may only be used for one or more of the following reasons: • For the birth or placement of a child with the employee for adoption or foster care • To care for a spouse (including registered domestic partner), child, or parent with a serious health condition • To care for a newborn child (birth - 12 months of age) • When the employee is unable to perform the functions of his or her position because of a "serious health condition" as defined herein. S. Spouses Both Employed by the City The aggregate number of work weeks of leave to which City employees who are spouses may be entitled for reasons of birth or placement for adoption or foster care is limited to 12 work weeks during the 12 -month period defined herein. 6. Notice of Need for Leave t An employee needing family and medical leave is required to provide: • 30 -day advance notice when the need for the leave is foreseeable (e.g., for childbirth or elective surgery), If an employee fails to give 30 days notice for a foreseeable leave with no reasonable excuse for the delay, the leave may be denied until 30 days after the employee provides notice. When the need for leave is unforeseen, an employee must give notice as soon as possible. If the City determines that the employee's notice is inadequate or the employee knew about the need for leave in advance of the time requested, the City may delay the start of the leave until the City can cover the position with a replacement. 7. Medical Certification Content and Due Date of Certification: An employee who requests leave for his or her own serious health condition, or to care for a child, parent or spouse who has a serious health condition, must provide the City written certification from the health care provider of the individual requiring care within 15 days after requesting leave. • If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is AFSCME 829 -49- unable to work at all or is unable to perform the essential functions of his/her position. If the employee requests intermittent leave, or on a reduced schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is "medically necessary." "Medically necessary" means that there is a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. Second and Third Opinions: If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, and paid for by the City. The opinion of the third provider will be binding. Consequences of Failure to Provide Adequate or Timely Certification: If the employee provides an incomplete certification, the employee will be given a reasonable time to provide a complete certification. If the employee fails to provide a medical certification within 15 days of the employee's request for leave, the City may delay the start time for taking the leave until the required certification is provided. Re -certification: Periodic Re -certification: The City may require the employee to periodically report on his or her status and intent to return to work. An employee who requests an extension of approved leave will be required to provide a new certification. Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, the employee must obtain and present a fitness -for -duty certification from the health care provider that the employee is able to return to work. Failure to provide such certification will result in denial of reinstatement. 8. Use of Accrued Paid Leaves Family and medical leave is unpaid, except that where an employee has accrued paid leave balances, they are required to use that accrued leave time (i.e., accrued sick leave, family sick leave, vacation, floating holiday, or administrative leave) during the FMLA leave. When such accrued leave is exhausted, the employee is then entitled to take unpaid leave for the remainder of the leave period. At the employee's discretion, accumulated compensatory time may also be taken during the period of the leave. 9. Concurrent Use of Family and Medical Leave with Other Leaves AFSCME 829 -50- The City may designate any non -family and medical leave, such as workers' compensation, sick, or vacation leave, to run concurrently with family and medical leave whenever the non -family and medical leave is also for a family and medical leave purpose. The City integrates family and medical leave with workers' compensation leave whenever an employee is absent from the work place for 30 days or more due to an industrial injury or illness. As required by law, the City will not run family and medical leave concurrently with Labor Code section 4850 leave (sworn employee temporary disability workers' compensation leave). 10. Benefits During Leave An employee will receive any group health insurance coverage that was provided before the leave on the same terms as if the employee had continued to work during the leave, up to a maximum of 12 work weeks. Employee contributions for group health insurance coverage, if any, will be required either through payroll deduction or by direct payment to the City or insurance provider. The method of payment will be established in conjunction with the employee in writing at the beginning of the leave. The amount of an employee's contribution is subject to any changes in rates that occur while the employee is on leave. If the City pays the employee's contribution in order to avoid cancellation of coverage, the employee will be required to reimburse the employer on a payroll deduction schedule upon return from leave. The employee will be required to sign a written statement at the beginning of the leave period to authorize the payroll deduction for delinquent payments. If the employee fails to return from unpaid family and medical leave for reasons other than: 1) the continuation of a serious health condition of the employee or his or her covered family member; or 2) circumstances beyond the employee's control, the City may seek reimbursement from the employee for the portion of the premiums the City paid on behalf of the employee during the leave period. 11. Sick and Vacation Leave Accrual Sick leave and vacation leave do not accrue while an employee is on unpaid leave. 12. Job Reinstatement An employee will be reinstated to his or her previous position, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions if all of the following conditions are met: 1) the employee has been on leave for no more than the maximum family and medical leave period; and 2) the employee provides the department a written certification from a health care provider that the employee is fit for duty. AFSCME 829 - 51 - If an employee is returning from family and medical leave taken for his or her own serious health condition, but is unable to perform the essential functions of his or her job because of a physical or mental disability, the City will begin an interactive process to determine whether the City can reasonably accommodate the employee without undue hardship. However, an employee returning from family and medical leave has no greater right to reinstatement, benefits, and other conditions of employment than if he/she had been continuously employed rather than on leave. 13. Required Forms Employees must complete the following forms in order to receive leave under this policy: a. "Request for Family or Medical Leave Form" prepared by the City to be eligible for leave. (Note: this form may not be required if the City designates an employee's leave to run concurrently with FMLA/CFRA leave.) b. "Certification of Physician or Practitioner Form" prepared by the City for medical certification—either for the employee's own serious health condition or for the serious health condition of a child, parent or spouse; c. Fitness -for -duty to return from leave certification from doctor. B. MILITARY FAMILY LEAVE ENTITLEMENTS 1. Military Caregiver Leave: An eligible employee who is a spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness will be granted up to a total of 26 workweeks of unpaid leave during a single 12 -month period to care for the servicemember. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A serious injury or illness is one that was incurred by a servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating. The "single 12 -month period" for leave to care for a covered servicemember with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the single 12 -month period. Only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered servicemember. 2. Qualifying Exigency Leave: An eligible employee will be granted up to a total of 12 workweeks of unpaid leave during a 12 -month period for qualifying AFSCME 829 -52- exigencies arising out of the fact that the employee's spouse, son, daughter or { parent is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. Qualifying Exigency Leave is available to a family member of a military member in the National Guard or Reserves; it does not extend to family members of military members in the Regular Armed Forces. 3. Military Caregiver Leave and Qualifying Exigency Leave will be administered in accordance with applicable federal and state regulations C. PREGNANCY DISABILITY LEAVE An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for up to four months. 1. Notice & Certification Requirements Requests for pregnancy disability leave must be submitted in writing and must be approved by the employee's supervisor or department director before the leave begins. The request must be supported by a written certification from the attending physician that the employee is disabled from working by pregnancy, childbirth or a related medical condition. The certification must state the expected duration of the disability and the expected date of return to work. (The City's "Request for Family or Medical Leave Form" and "Certification of Physician or Practitioner Form" should be used for this purpose.) All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the department director prior to being taken. Requests for an extension of leave must be submitted in writing to the department director prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. The maximum pregnancy disability leave is four months. 2. Compensation During Leave Pregnancy disability leaves are without pay. However, where an employee has accrued paid leave balances, the employee must first use their accrued sick leave, vacation leave, and then any other accrued paid time off during the period of the leave, and when such leaves are exhausted, may take unpaid time for the remainder of the leave. 3. Benefits During Leave An employee on pregnancy disability leave will receive any group health insurance coverage that was provided before the leave on the same terms as provided to other employees who become disabled off- duty, as if the employee had continued to work, if: 1) the employee is eligible for concurrent family medical leave; and 2) the employee has not already exhausted this 12 -week group health insurance coverage benefit in the current family medical leave eligibility period. The City may recover premiums it paid to AFSCME 829 -53- maintain health coverage, as provided by the family and medical leave laws, if an employee does not return to work following pregnancy disability leave. An employee on pregnancy disability leave, and not eligible to receive group health insurance coverage as described above, may receive health insurance coverage in conjunction with COBRA guidelines by making monthly premium payments to the City. 4. Sick and Vacation Leave Accrual: Sick leave and vacation leave do not accrue while an employee is on unpaid pregnancy disability leave. S. Reinstatement Upon the expiration of pregnancy disability leave and the City's receipt of a written statement of the health care provider that the employee is fit to return to duty, the employee will be reinstated to her original or an equivalent position so long as it was not eliminated for a legitimate business reason during the leave. a. If the employee's original position is no longer available, the employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee's original position. b. If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodations. An employee who fails to return to work after the termination of her leave loses her reinstatement rights. D. STATE DISABILITY INSURANCE (SDI) Employees covered under AFSCME collective bargaining agreements are eligible for State Disability Insurance (SDI) administered by the State Employment Development's (EDD) Disability Insurance Branch. SDI benefits are payable when an employee is off work for more than 7 days due to a personal disability, which includes pregnancy disability. SDI benefits will be integrated with an employee's sick leave hours in accordance with the following procedure: 1. When an employee is expected to be off of work more than 7 calendar days, the Human Resources Department will supply the employee with SDI Claim forms. 2. The employee will need to complete his/her section of the form and have the treating doctor complete the physician section of the forms. It is the employee's responsibility to ensure the claim forms are returned to the State in a timely fashion. AFSCME 829 -54- 3. In order to avoid an undue financial hardship, the City will use available sick hours to pay the employee 100% of his/her normal compensation until the employee sends the City confirmation that SDI benefits are being paid or after being off of work for four weeks, whichever occurs first. Regardless of whether the employee is in fact collecting state disability after four weeks or not, the City will begin integration. The City will do this by estimating the State Disability Insurance benefit as published by the Employment Development Department (EDD) and reducing this amount from the employee's normal compensation. The balance will be paid using available sick hours. 4. The employee submits his/her first state disability check payable to the City, whereupon the City will restore the sick hours reflected in the state disability pay. To determine the sick hours to be restored, the City will divide the state disability pay by the employee's hourly rate. Integration of sick leave with SDI will bring an employee to his/her full pay and is not intended to give an employee additional compensation. Additionally, integration of SDI benefits and sick leave is not intended to give additional leave time under the terms of any state or federally mandated leave programs. E. PAID FAMILY LEAVE (PFL) California workers who are covered by the State Disability Insurance Program (SDI) are also covered for Paid Family Leave benefits (PFL). No more than six weeks of Paid Family Leave benefits may be paid within any 12 month period. 1. Employee Eligibility/ Reasons for Leave To be eligible for paid family leave benefits, an employee must need leave in order to: • Care for a seriously ill family member — a parent, spouse, child or domestic partner. Bond with the employee's new child, the new child of the employees spouse or domestic partner, or a child in connection with the adoption or foster care placement of the child with the employee or the employee's spouse or domestic partner. 2. Medical Certification A medical certificate is required by EDD when a Paid Family Leave claim is filed to provide care for a seriously ill family member. The certificate must include a diagnosis and International Classification of Diseases code; the commencing date of the disability; the probable duration; the estimated time care is needed; and state that the serious health AFSCME 829 -55- f condition warrants care. This includes "providing psychological comfort" and arranging "third party care." 3. Waiting Period There is a seven day waiting period before benefits become effective. The City Requires the employee to use family sick leave (as appropriate) or vacation or other paid leave during the waiting period. Individuals cannot receive Paid Family Leave benefits while receiving SDI benefits for a personal disability, or workers' compensation benefits. AFSCME 829 -56- Exhibit D - AGREEMENT TO MEET REGARDING CITY BUDGET a � e Zrc� o�✓U��t�i ame CITY HALL • 501 PRIMROSE ROAD TEL: 650.558.7206 HUMAN RESOURCES BURLINGAME, CA 94010 FAX: 650.342-8386 MEMORANDUM DATE: July 24, 2007 TO: AFSCME 829 and 2190 FROM: Deirdre Dolan, Human Resources Director CC: Jesus Nava, Finance Director SUBJECT: AGREEMENT TO MEET REGARDING CITY BUDGET This is to confirm our agreement to schedule a meeting on an annual basis with AFSCME 829 and 2190 representatives, the Finance Director, and the Human Resources Director to review and discuss the City Budget. Such meeting will be scheduled in late February or early March to correlate with the City Council Budget Strategy Setting Session. AFSCME representatives will be provided with the City of Burlingame Budget Calendar, and may contact the HR Director to schedule this meeting. AFSCME 829 -57- Memorandum of Understanding between Local 2190, Council 57 American Federation of State, County and Municipal Employees, AFL-CIO N FEOF GP .p MUNICIPAL FMPI O' E - and the City of Burlingame July1, 2015 to June 30, 2018 Article Preamble ........................ 1111...., ... ..... 1. Recognition................1...11....1....... 2. No Discrimination ......................... 3. Union Security ............................. TABLE OF CONTENTS O ..............................................................................................................2 11 Vacations........................................18 I2.Leave Provisions................................................................................................................................................................................18 13. occupational, Departmental, Premium Pay & Reimbursement Provisions.......................................................................................27 15. Transfer .......... ................... ........ .............................................. I............... ---.................................... .............. I ...... I............. 16 Layoff and Recall .• 26 17. Resionation............................................................................................................................................................... _.....................27 25. Total Agreement 16. New Work.........................................................................................................................................................................................32 27Seoarability of Provisions 28 Term ... ..........32 Exhibit A - Salaries .. ... .......................................34 ExhibitB - Alternative Work Schedule......................................................................................................................................43 POLICY...................................................................................................................................................................................43 ELIGIBILI7Y...........................................................................................................................................................................43 WORKSCHEDULE...................................................................................................................................................................43 WORKWEEK..........................................................................................................................................................................43 HOLIDAYS.............................................................................................................................................................................. 43 HOURSOF OPERA71ON...........................................................................................................................................................44 RITERIA:.............................................................................................................................................................. PROGRAM CRITERIA: ............................... ..... ......................................................................... ..............................................44 ExhibitC - FMLA Policy ...........................................................................................................................................................48 Exhibit D - AGREEMENT TO MEET REGARDING CITY BUDGET......................................................................111.1.......................58 Preamble This Memorandum of Understanding is entered into by the City of Burlingame, hereinafter designated as the "City", and the American Federation of State, County and Municipal Employees, Local 2190, AFL CIO, hereinafter designated as the "Union", as a mutual agreement in accordance with Section 25 of those wages, hours and other terms and conditions of employment which are to be in effect during the term of this Memorandum of Understanding, for those employees working in classifications in the representative unit referred to in Appendix A Section 1 hereof of this Memorandum of Understanding. 1. Recognition The City of Burlingame recognizes, as provided in the City's Employer Employee Relations Resolution, the American Federation of State, County and Municipal Employees, Local 2190, AFL CIO, as the majority representative employee organization for the employees assigned to the following classifications listed in Appendix A, as well as such classifications as may be added to this representation unit by the City during the term of this Memorandum of Understanding. 2. No Discrimination The City agrees not to discriminate against any employee because of membership in the Union or because of any activities on behalf of the Union. Union activities shall not interfere with the normal operation of the City. Neither the City nor the Union shall discriminate for or against any employee or applicant for employment on account of actual or perceived race, color, religious creed, national origin, ancestry, citizenship status, physical disability, mental disability, medical condition (cancer -related or genetic characteristics), marital status, registered domestic partner status, gender, gender identity or gender expression, age (40 or over), sex, or sexual orientation (including heterosexuality, homosexuality, or bisexuality). 3. Union Security Agency Shop Effective 01/01/2016, consistent with the provisions of the California Government Code, Section 3502.5, an employee covered by this agreement shall either: (1) become a member of the Union and pay regular Union dues, or (2) pay to the Union an agency (representation) fee as permitted by law, or (3) present to the Union and AFSCME 2190 -2- the City's Human Resources Director a written declaration that he or she is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, The employee who qualifies for this exemption shall, in lieu of dues or the agency shop fees payment, pay an amount equal to the agency shop fees to one of the following non- religious, non -labor charitable organizations listed below: (a) Gardner Family Health Network, Inc., Alviso, CA; (b) Sequoia Hospital Foundation, Redwood City, CA or (c) Community Gate Path Boys & Girls Clubs of North San Mateo County, South San Francisco, CA. An employee who claims such exemption must submit to the Union and to the City a letter signed by an official of the bona fide organization certifying that person's membership. Proof of the payments shall be made on a monthly basis to the Human Resources Director as a condition of continued exemption from the requirement of financial support to the public employee organization. If the employee fails to provide such proof, the employee will be required to pay the agency fee. Fee Deduction If any employee in a classification covered by this MOU fails to authorize one of the above deductions within thirty (30) calendar days of date of hire or within thirty (30) calendar days' notice of the provisions of this agency shop, the City shall deduct the agency fee from the employee's paycheck. The City shall determine the timing of such automatic deductions. The requirement that employees who are not members of the Union pay this representation agency fee shall remain in effect until the earlier of: (1) expiration of this Agreement; (2) termination of the Agency Shop clause by action of the bargaining unit; or (3) legislation invalidating the manner in which Agency Shop was adopted. In the event that employees in the representation unit vote to rescind Agency Shop, the provisions of Section 3.3 — Maintenance of Membership shall apply to dues -paying members of the Union. AFSCME 2190 -3- Maintenance of Membership All employees who are members of AFSCME and who are tendering periodic dues through dues deductions from their paycheck, and all employees who become members of AFSCME and who tender periodic dues through dues deductions from their paycheck, shall continue to pay dues for the duration of this MOU and each subsequent MOU thereafter. For a period of sixty (60) calendar days prior to the expiration of the current MOU, any employee who is a member of AFSCME and who tender periodic and thirty (30) calendar days from Council ratification, any employee who is a member of AFSCME shall have the right to withdraw from the Union by discontinuing dues deduction. Said withdrawal shall be communicated by the employee during that period of time in writing to the Union and the Human Resources Director; such written communication shall be delivered by certified mail and must be postmarked during the sixty calendar day period. An employee who so withdraws from Union membership shall still be subject to the provisions of Agency Shop. Payroll Deduction The Union may have the regular dues of its members within the representation unit deducted from employees' paychecks under procedures prescribed by the City for such deductions. Dues deductions shall be made only upon signed authorization from the employee upon a form furnished by AFSCME and distributed by the City, and shall continue until: (1) such authorization is revoked, in writing, by the employee pursuant to the provisions of this Section 3.4; or (2) the transfer of the employee out of the representation unit. The Union shall notify the City at least thirty (30) days in advance of any change in its dues and fees. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which the employees are assigned. If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the deduction of Union dues, agency fee, or charity fee required by this Section, no such deduction shall be made for the current pay period. The provisions of Section 3.3.1 above shall not apply during periods that an employee is separated from the representation unit, but shall be reinstated upon the return of the employee to the representation unit. For the purpose of this section, the term separation includes transfer out of the representation unit, layoff, and leave of absence without pay. Effective 1/1/16, employees may voluntarily elect to have contributions deducted through payroll at a minimum of two dollars ($2.00) per month, deducted from their pay checks under the procedures prescribed by the City for the Public Employees Organized to Promote Legislative Equality Fund (PEOPLE of AFSCME). Such AFSCME 2190 -4- deductions shall be made only upon signed authorization from the employee and shall 1 continue until such authorization is revoked in writing. Union Obligations The Union shall provide the City with a copy of the Union's Hudson Procedure for the determination and protest of its agency fees. The Union shall provide a copy of said Hudson Procedure to every agency fee payer covered by this Memorandum of Understanding and annually thereafter, and as a condition to any percentage change in the agency fee. The Union will supply the City with deduction authorization forms and/or membership applications as well as other informational materials it wishes to be distributed to new employees. The Union shall comply with Government Code Section 3502.5(f). In addition, the Union shall comply with Government Code Section 3502.5(d) in compliance with the Agency Shop agreement. . The Union shall refund to the City any amount paid to it in error upon presentation of supporting evidence. City Obligations Any new employees hired Into positions covered by this Memorandum of Understanding f shall be provided by the City and shall execute an "Employee Authorization for Payroll l Deduction" form selecting one of the following: (1) Union dues; (2) agency fee; or (3) if he/she qualifies pursuant to the requirements of Section 3.1 above, a fee equal to agency fee payable to one of four negotiated charities. All dues and service fee deductions shall be transmitted to Council 57 in an expeditious manner. All transmittal checks shall be accompanied by documentation which denotes the employee's name, employee ID number, amount of deduction and member or agency fee payer status. The City shall hand out agreed upon Union materials along with Agency Shop forms. Hold Harmless - The Union shall indemnify, defend, and hold the City harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Union Security section, or any action taken or not taken by the City under this Section 3. This includes, but is not limited to, the City Attorney's fees and costs. Use of Facilities - The Union may, with the prior approval of the City Manager, or his/her designee, use City facilities during non -work hours for meetings of City employees provided space is available, and provided further such meetings are not used for organizational activities or membership drives of City employees. L AFSCME 2190 -5- Equipment - The use of City equipment other than items normally used In the conduct of business meetings, such as desks, chairs and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding. Bulletin Boards - The Union may use portions of City bulletin boards under the following conditions: A copy of all materials posted on bulletin boards must be provided in advance to the Human Resource Director. All materials must be dated and must identify the organization that published them. The City reserves the right to determine where bulletin boards shall be placed. Materials cannot be of a political nature and cannot be derogatory in any manner. List of Employees - The City shall furnish the Union with the names, classifications and date of hire of employees assigned to classifications in the bargaining unit; provided, however, the City shall not be required to provide such information in any format other than one already utilized by the City. The City shall notify the Union of the name, classification and date of hire of each new employee appointed to a position covered by this MOU. Notice shall be provided to the Union within thirty (30) days of hire. Riqht to Representation - Any employee who is required to meet with a supervisor or management official and who reasonably expects that the meeting may involve questioning leading to potential disciplinary action shall have the right to have a steward or authorized Union representative present at the meeting; provided, however, such representation shall include no more than one (1) City employee in addition to the employee being disciplined. The limitations of this Section shall apply to employees on paid release time and not to Union staff or witnesses who may be necessary to the meeting. 4. Advance Notice Except in cases of emergency, the Union shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet with management representatives prior to adoption. S. Stewards and Official Representatives AFSCME 2190 -6- Access by Representatives - Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of contacting members of the bargaining unit concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the department head or the City Manager or his/her designee. Access shall be restricted so as not to interfere with the normal operations of the department or with established or security requirements. 5.2 Activities Prohibited - Solicitation of membership and activities concerned with the internal management of an employee organization such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature shall not be conducted during on -duty hours. 5.3 Designation of Representatives - The Union shall be allowed to designate in writing to the City Manager or his/her designee a reasonable number of Stewards not to exceed four (4) unless prior authorization is received by the Human Resources Director. Stewards shall be granted release time without loss of time or pay for the purposes of investigating and handling grievances. Steward release time shall be scheduled by mutual agreement between the employee and the employee's immediate supervisor. Steward Release Time for Bargaining -- The City will provide paid release time for a maximum of four (4) Union Officers and/or Union Stewards for the participation in contract negotiations. The release time paid by the City will not be in excess of any normal hours worked or generate any overtime payments. New Employee Orientation — As part of the City's new employee orientation program or the earliest time available, the Union shall have fifteen (15) minutes to provide information and answer questions of new employees who are employed in classifications which are covered by this MOU. 6. Personnel Files Personnel Records - If there has been no recurrence of conduct forming the basis of a letter or record of disciplinary action, after one year the employee may request that a letter be placed in the file reflecting the correction of conduct. Placement of such letter into the employee's personnel file must be approved by the department head. Access to Personnel File — An employee or, upon presentation of an original signed written authorization from an employee, an employee's representative shall have access to the employee's personnel file. AFSCME 2190 -7- 7. Salary Plan Salary Adiustments Effective the first payroll period in July 2015, represented classifications shall be increased by 3.0%. Effective the first payroll period in July 2016 salaries for the represented classifications shall be increased by 3.0%. Effective the first payroll period in July 2017 salaries for the represented classifications shall be increased by 3.0%. Base Salary - Employees occupying a position in a classification covered by this Memorandum shall be paid a base salary within the range established for that position's classification. Placement Within Range - The salary for a new employee entering City employment shall be the minimum salary step for the classification to which the employee is appointed unless the City determines that appointment to another step is in the best interests of the service. Progression Within Range - Each employee who is employed shall receive a salary increase to the next higher step within the range of the assigned classification upon the anniversary of the individual employee's original employment date. A step increase shall only be denied for cause. Each employee who is promoted shall receive a salary increase to the next higher step within the range of the assigned classification upon the anniversary date of the individual's promotion date. A step increase shall only be denied for cause. Adjustments to Salary Range - Salary range adjustments for a classification will not set a new salary anniversary date for employees serving In that classification. Retention of Steo - Whenever the schedule of compensation for a classification is revised, each incumbent in a position to which the revised schedule applies shall be paid at the same step in the revised range as the step at which the employee was paid in the previous range. Salary Step on Promotion - When employees are promoted, they shall normally receive the first step in the salary range for their new position. However, if such step results in a salary increase of less than five percent (5%), they shall receive a minimum of five percent (5%) increase. AFSCME 2190 -8- Salary Step on Demotion - When an employee is demoted, that employee's compensation shall be adjusted to the salary which most closely approximates the employee's salary in the higher classification; provided, in no event shall that new salary be above the fifth (5th) step of the lower classification. If a vacancy exists in a position in a lower classification, an employee who has previously held that vacant position, may voluntarily choose to demote to fill the vacancy. Paychecks - Employees shall be paid biweekly. Routine paychecks shall be for the purpose of compensating for regular and overtime hours. Other compensation or reimbursement shall be separately identified and shall not include withholding for tax purposes, except as required by law. Work in a Higher Classification - Practices and procedures vary by department for this bargaining unit; the pay for working out of classification should, however, be no less than 5% above the employee's current salary rate. 8. Insurance and Other Benefits 8.1 Medical Plans 8.1.1 The City's monthly contribution for the individual employee and the employee's eligible dependents shall be One Hundred and Twelve dollars ($122.00) per month effective January 1, 2015 (January 1, 2016 the amount will increase to $125.00 per month) and shall adjust In accordance with the Minimum Employer Contribution (MEC) established by the Public Employees Medical and Hospital Care Act. In addition, the City shall offer an Internal Revenue Code Section 125 Plan that contains the components of benefit allowance, premium conversion, health care reimbursement account, and dependent care reimbursement account. Effective January 1, 2015 The City shall contribute the below -listed amount per month toward each employee's Section 125 Plan benefit allowance components. All contributions listed below include the Minimum Employer Contribution (MEC): Employee Only: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield HMO rate for Employee only Employee Plus One: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield HMO rate for Employee plus one Employee Plus Two or more: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield family rate AFSCME 2190 -9- An employee may use any benefit allowance stated above toward the cost of employer-provided PERS Health insurance for the employee and eligible dependents. An employee may not use the benefit allowance for other reasons. Any Employee that enrolls in a Medical Pian that has a higher premium than the City's contribution, as stated above, will pay the difference. The City will comply with IRS Tax Code regulations Medical Plan Waiver Effective July 1, 2015, any Employee that provides proof they have medical insurance from a spouse or registered domestic partner, which is not provided through the City, will receive three hundred and fifty dollars ($350) per month in lieu of Medical Benefits. The three hundred and fifty dollars ($350) per month may be put into a Deferred Compensation, Section 125 Plan, or taken in cash. The City will comply with IRS Tax Code for medical plan waivers 8.2 Retiree Medical Benefits 8.2.1 Retiree Medical for Employees Hired Prior to March 31, 2008 Employees hired prior to March 31, 2008 who retire prior to August 1, 2012 with a minimum of five (5) years of service with the City will receive a retiree medical benefit equivalent to the amount necessary for actual enrollment in single, two-party, or family coverage, up to a maximum dollar amount of the Kaiser family premium rate. 8.2.2 Retiree Medical for Employees Hired Prior to March 31, 2008 and Retire on or after August 1, 2012 Effective August 1, 2012, employees hired prior to March 31, 2008, who retire from the City with 5 years of City service, will receive a retiree medical benefit in accordance with the following: For eligible retirees who are under the age of 65, the City contribution will be equivalent to the Bay Area Region premiums for Blue Shield Access HMO Single, Kaiser Two -Party, or Kaiser Family coverage as applicable. For eligible retirees who are 65 years of age or older and enrolled in Medicare, the City contribution will be equivalent to the premium for the average of Kaiser, Blue Shield Access HMO and PERS Choice for the Bay Area Region Single, Two -Party, or Family Medical coverage as applicable. 8.2.3 Retiree Medical for Employees Hired after March 31, 2008, but before January 1, 2012 Employees hired after March 312008, but before January 1, 2012 who retire with a minimum of five (5) years of service with the City will receive a retiree medical benefit equivalent to the amount necessary for actual enrollment in single, two-party, or family coverage, up to a maximum dollar amount of the Kaiser family premium rate. Upon conversion to a AFSCME 2190 -10- flexible benefit plan structure, the retiree medical benefit will be less the PERS required MEC. New employees hired on or after the effective date of the 2.5% at 55 retirement formula will receive a retiree medical benefit based on years of service with the City as follows: 10 years of service = an amount equal to 100% of employee only lowest cost premium, less PERS required MEC 15 years of service = an amount equal to 75% of employee + 1 lowest cost premium, less PERS required MEC 20 years of service = an amount equal to 100% of employee + 1 lowest cost premium, less PERS required MEC 8.2.4 Retiree Medical for Employees Hired On or After January 1. 2012 Employees hired on or after January 1, 2012 shall receive the following contributions to a Retirement Health Saving Account, based on years of service with the City, in lieu of the Retiree Medical Benefits in Section 8.2.1, 8.2.2, 8.2.3 Retiree Medical. Years of Service Monthly Contribution 0- to the end of the 5th year of service 0.0% 6 years of service to the end of the 19th year of service 2.0% of Step E of the Police Officer Classification 20 years of service or more 2.5% of Step E of the Police Officer Classification The City will implement an Irrevocable Trust for all new contributions towards the City's GASB 45 obligations. 8.3 Dental Plan Effective January 1, 2016, and each calendar year thereafter, the City will reimburse up to $1900 per year per employee for dental expenses and $1000 per dependent, not to exceed $2500 cumulative per year for all eligible dependents. 8.4 Vision Care Plan AFSCME 2190 - 11 - F Effective January 1, 2016 and each calendar year thereafter, the maximum reimbursement for an employee for vision eligible expenses is six hundred dollars ($600) annually, not including an eye examination. If an eye examination is performed, the maximum reimbursement is one hundred dollars ($100) per calendar year. The maximum cumulative reimbursement for vision eligible expenses for eligible dependents shall not exceed three hundred dollars ($350) per calendar year, including eye examinations. 8.5 Life Insurance 8.5.1 Effective 01/01/02 - the City provides life insurance to the extent of seventy five thousand dollars ($75,000) coverage for members of the bargaining unit. 8.5.2 Effective 01/01/02 - the City provides employee -paid supplemental life insurance at group rates for employee and spouse. 8.6 Disability Insurance Plans 8.6.1 State Disability Insurance - During the term hereof, the City agrees to provide State Disability Insurance (SDI) for employees in the bargaining unit. The employees will pay for such insurance through automatic payroll deduction. The City integrates leave balances with SDI benefits, starting with Sick Leave, upon employee request. Long -Term Disability Insurance - The City will provide long-term disability insurance to all AFSCME members, with a sixty (60) day waiting period. Monthly benefits shall be 60% of employee's basic monthly earnings up to a maximum monthly benefit of three thousand five hundred dollars ($3,500). The City integrates leave balances with LTD benefits, starting with Sick Leave, upon employee request. 8.6.2 Paid Family Leave — Upon ratification and Council approval of the agreement, the City will allow unit members to use applicable accrued leave times to meet the one (1) week waiting period required 8.6.3 Long Term Disability Insurance - The City will provide long term disability insurance to all AFSCME members, with a sixty (60) day waiting period. Monthly benefits shall be 60% of employee's basic monthly earnings up to a maximum monthly benefit of three thousand five hundred dollars ($3,500). The City integrates leave balances with LTD benefits, starting with Sick Leave, upon employee request. AFSCME 2190 -12- 8.6.4 Insurance Coverage While Disabled - The City will allow If any employee who has been disabled and is collecting benefits under the Long -Term Disability Plan, or under State Disability Insurance, to participate in the health insurance plan by payment of premium cost to the City, except as otherwise required by the Family and Medical Leave Act. 8.7 Deferred Compensation 8.7.1 Participation - Full-time regular employees are eligible, subject to IRS regulations and the terms and conditions thereof, to participate in the deferred compensation plan made available to all City employees. 8.7.2 Deferred Compensation Incentive -The City shall continue to provide a contribution to an employee's deferred compensation account in an amount equal to the employee's contribution, to a maximum of forty-five dollars ($45) per biweekly pay period. This shall not imply any City endorsement or responsibility for the performance of any deferred compensation account or instrument selected by the employee. 8.8 Section 125/Flexible Benefit Plans - Effective 01/01/02, f the City offers employees IRS Section 125 plans for reimbursable dependent care and healthcare costs for employees 8.9 Plan Description - Benefit Plan Descriptions are available upon request in the City's Human Resources Office. Retirement CalPERS Retirement Provisions a) Effective 03/31/2008, the City implemented the provisions of the PERS 2.5% at Age 55 retirement benefit for miscellaneous employees hired on or before 12/31/13 (Classic Employees) b) Effective the first payroll in January 2013, employees contribute 1.0 of the employer's contribution for the CalPERS retirement costs via payroll deduction on a pre-tax basis. The City shall "pick-up" the employer contribution amount that is being paid by the employees through a payroll reduction under IRS Code Section 414(h)(2). 8.11 Continuation of City Insurance Contributions During the term of this Memorandum, the City agrees to pay for increases in the premiums for insurance, as described herein, up to the dollar amounts listed above. Upon expiration of this Memorandum, the City will ff l., AFSCME 2190 - 13 - continue paying the dollar amount of premiums then being paid, unless and until there is an agreement to pay a higher amount, or the City Council takes unilateral action in the absence of agreement. Physical Fitness - The City provides a fifty 50% discount to employees who take physical fitness classes through the Burlingame Recreation Department. After registration is complete, employees will be able to fill vacant slots at the discounted rate. Employees may utilize the fitness center located at the City's Corporation Yard. Regular Part -Time Benefitted Employee Benefits, Insurances and Other Benefits — Regular part-time benefitted employees shall be entitled to insurance coverage and other benefits as follows: Medical Insurance - City payment of medical insurance premiums as provided in the Insurance and Other Benefits section of the MOU. Life Insurance - Effective 07/01/01, the City will provide life insurance coverage of thirty-five thousand dollars ($35,000). Other Benefits — Regular part-time benefitted employees will be covered by State Disability Insurance (SDI). Voluntary Coverages — Regular part-time benefitted employees may enroll in the City's long term disability insurance, supplemental life insurance, dental plan, vision plan, deferred compensation and/or the Section 125 plan. Voluntary coverage enrollment is subject to plan provisions. The employee must request in writing to the employer his/her desire to enroll and pay applicable premiums. Leaves — Accrual, Limits and Adjustments - Effective 07/01/01 the City provides all regular part-time benefitted employees with the same vacation, sick leave, holiday leave and accrual limits that apply to regular full time employees will be pro -rated according to each employee's percentage of full-time employment. At the end of each fiscal year, leave accruals will be adjusted to reflect the actual hours worked in the fiscal year. The City will stop all paid leave accruals when an employee goes on an unpaid status; unless otherwise provided by law. Work On A Holiday — All regular part-time employees who work on a holiday shall be compensated in the same manner as a full-time employee. 9. Hours of Work and Standby Duty Work Schedule and Adjustments - The regular work week for employees occupying full time positions shall consist of five (5) consecutive eight (8) hour workdays beginning on Monday at the regularly AFSCME 2190 -14- scheduled starting time for employee's respective department. If the City adjusts a shift starting time for a specific temporary assignment, the employee shall have the choice of overtime or time off for the shift adjustment. Exceptions to this Section may be made by mutual agreement between the City and the Union. Lunch and Breaks - A one (1) hour or one-half (1/2) hour unpaid lunch period shall be observed each day. Two (2) fifteen (15) minute rest break with pay shall be observed during each workday; one in the first half and one in the second half of the workday. Overtime 9.3.1 Definition and Compensation - Authorized work performed in excess of forty (40) hours in one (1) week and/or eight(8) hours in a work day shall constitute overtime. Employees with a 9/80 or 4/10 schedule will only receive overtime in excess of their normal shift. An employee required to work in excess of the regularly scheduled hours of work, shall be compensated for time worked at the rate of one and one-half (1-1/2) times the employee's regular straight -time rate of pay, except that all hours worked in excess of twelve (12) in any workday shall be compensated at two (2) times the employee's regular straight -time rate. Assignment of Overtime - Whenever possible, overtime shall be assigned on a volunteer basis. However, if there are no qualified volunteers, overtime shall be assigned according to reverse order of seniority by classification. 9.3.3 Water Division Overtime: Overtime shall be assigned on a volunteer basis. However, If there are no qualified volunteers, overtime shall be assigned according to reverse seniority by rotation. 9.3.4 Relief Time - If an employee is required to work overtime for four (4) or more hours of the eight (8) hours immediately preceding the start of the employee's regular shift, then paid relief time shall be granted by the supervisor up to a maximum of four (4) consecutive hours at the end or beginning of the next regularly scheduled shift. The extent of relief granted and the timing of such relief time are within the discretion of the supervisor. 9.3.5 Choice of Compensation - Payment for overtime work will be either cash or compensatory time off at the employee's option. In no event shall payment for overtime be less than the rates established in this Section. 9.3.6 Compensatory Time Maximum - Employees may accumulate a maximum of one hundred thirty (130) hours of compensatory time off, which may be used at times chosen by the employee and approved by the appropriate supervisor; in meeting the needs of City business. AFSCME 2190 !_ - 15 - Callback — An employee recalled to work outside of and not continuous with regularly scheduled hours shall be paid a minimum of two (2) hours at the rate of one and one-half (11/2) times the employee's regular straight -time rate of pay. An employee shall be considered on the job from the time he/she leaves home until returning to his/her home. The minimum of two (2) hours shall apply to the first call back and to any subsequent call back after two (2) hours has expired from the original call. For purposes of this Section 10.4 an employee shall be on call back status if a request for work is made (5) minutes or more after his/her regularly scheduled hours. Standby General Provisions — An employee will be considered on standby duty only when assigned to answer calls outside of regularly scheduled hours and provided a City "beeper." Employees on standby will have the option of using a City vehicle; however, such vehicle cannot be used for any private or personal purposes. Response Requirement — An employee on standby should be able to respond to the Corporation Yard within thirty (30) minutes of the call. If an employee's regular residence is not within the thirty (30) minute reporting time, then the employee must place on file with the department head a written statement as to how the employee will meet the 30 -minute reporting requirement when on standby. Compensation An employee assigned to be on standby shall receive two (2) hours pay at the straight -time rate for each weeknight of standby time. Standby on Saturday or Sunday shall be compensated at eight (8) hour pay at one and one-half (11/2) time the employee's regular rate of pay for each day of standby worked. Night standby on weekends or holidays will be compensated by two (2) hours at the straight -time rate. Standby on any holiday shall be compensated by (8) hours at one and one-half (11/2) times the employee's regular rate of pay in addition to holiday pay. Standby on Saturdays, Sundays or Holidays, for which eight (8) hours pay at one and one-half (11/2) time regular pay is received, is understood to be time spent on duty at the Corporation Yard. Implementation — the City will adopt reasonable regulations in order to implement the above provisions. Compliance — Failure to comply with the thirty (30) minute rule will result in discipline and automatic loss of standby privileges. AFSCME 2190 -16- 10. Holidays Holiday Pay - Regular full-time employee shall be entitled to observe all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day. Holidays Listed_- The following are the authorized holidays: New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Admission Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving January 15t 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 15t Monday in September September 9th 2nd Monday in October November 11th 41" Thursday in November 4th Friday in November Christmas Day December 25th Two floating holidays per calendar year Observance - If a holiday falls on a Sunday, such holiday shall be observed on the Monday following. If a holiday falls on a Saturday, such holiday shall be observed on the preceding Friday. For the purposes of this Article 11, unit members shall be entitled to fourteen (14) holidays per calendar year. Work on a Holiday - Any employee who is required to work on a holiday specified above shall, in addition to receiving regular pay for the holiday and will be paid one and one-half (1-1/2) times the employee's regular rate of pay for all hours worked on the holiday. — Any employee who is required to work on New Year's Day, July 4", Thanksgiving and/or Christmas Day shall in addition to receiving regular pay for the holiday, will be paid two (2) times the employee's regular rate of pay for all hours worked on New Year's Day, July 4th, Thanksgiving Day and/or Christmas Day. Vacation - In the event any of the holidays specified below occurs while an employee is on vacation, the holiday shall not be charged to vacation. AFSCME 2190 -17- 11. Vacations Represented employees shall be entitled to vacation pay In accordance with the following provisions: Eli ibili — Eligibility to schedule accrued vacation allowance shall start as soon as vacation is accrued, based on Supervisor approval. 11.2 Vacation Accrual - Vacation shall be accrued as follows: Anniversary Date Days Per Year Hours Per Pay period Hire to 4th 10 3.08 5t" 15 4.62 10th 16 4.93 l lth 17 5.24 12th 18 5.54 13th 19 5.85 14th 20 6.16 15th 21 6.47 16th 22 6.78 17t' 23 7.09 25th 24 7.38 On an employee's 5th anniversary date of employment with the City of Burlingame, the employee will receive a one-time allotment of 40 hours of vacation in his/her vacation accrual bank. The City will stop vacation leave accruals when an employee goes into an unpaid status. Accrual Maximum - Employees can maintain a maximum accrual of two (2) years of vacation at any time. Scheduling - Vacations shall be scheduled yearly by employees with the approval of their respective Department Head or their designee. Preference in scheduling shall be based on seniority. The City will respond to vacation requests within ten (10) working days. Leave Provisions 12. Leave Provisions Sick Leave - Sick leave may be used for personal illness, non -industrial disability, and care for an immediate family member and/or health care appointments that cannot be scheduled outside of normal work hours. Sick leave is for actual illness of the employee, the employees immediately family or healthcare appointments. Employees are AFSCME 2190 -18- encouraged to accumulate sick leave in order to protect themselves In the event of an extended illness. Sick Leave Accrual Sick leave shall be accrued at a rate of eight (8) hours per month (3.69 hours per pay period) for each pay period a full-time employee is in paid status. The City will suspend sick leave accrual when an employee goes into unpaid status. The maximum sick leave accrual is 2000 hours. Sick Leave Notice In order to receive compensation while absent on sick leave, the employee shall notify the appropriate management personnel prior to the start of their regularly scheduled shift. The employee must provide the reason for the absence (personal, family illness, FMLA). The employee is required to call in each day sick leave is used; however, management personnel may waive this daily contact if it is determined to be impractical. Departments may establish specific call-in procedures based on operational need. Physician's Certificate A physician's certificate may be required when management personnel has a bonifide question about the propriety of a request for sick leave, as outlined the Sick Leave Abuse section of the MOU. Sick Leave Abuse l The City recognizes that employees will need to use sick leave occasionally, and that the majority of employees do not abuse their sick leave benefits. Generally, when a pattern of abuse of sick leave is identified, the department head or supervisor shall evaluate such cases. In those cases where sick leave has been abused, appropriate corrective action including discipline up to and including termination may be taken. Except when sick leave use is known to be in connection with long-term illness, injury, or ongoing medical condition, abuse of sick leave shall generally be defined as follows: a) Where an employee demonstrates a pattern of using sick leave adjacent to a regular day off or scheduled day off such as vacation or compensatory time off; b) Where an employee demonstrates a pattern of using sick leave within a discernible period of time after which the leave was earned; C) Where an employee regularly uses sick leave in excess of 64 hours per annual 12 -month performance evaluation review period; AFSCME 2190 -19- d) Where an employee regularly uses all of their accrued sick leave which requires use of other paid leaves or unpaid leave to cover the absence; e) Where an employee fraudulently uses any single occurrence of sick leave, including falsifying or omitting facts or documentation regarding the illness or injury upon which the sick leave absence Is based. Sick Leave Upon Retirement The City contracts with CalPERS for the credit of Unused Sick Leave. Upon retirement, unused sick leave will be reported to CalPERS and will be converted to service credit in accordance with CalPERS rules and procedures. Sick Leave Integration The City will integrate sick leave with California State Disability Insurance (SDI) benefits. The integration of sick leave with SDI will not exceed an employee's normal daily wage. Leave for Sick Family Members An employee shall be able to use up to 48 hours of annual accrued sick leave per calendar year. The definition of "immediate family" shall be spouse, children, step -children, parents, brothers, sisters, grandparents and registered domestic partner. The birth or adoption of a baby, hospital visits, and bringing the baby home is covered under this section. Family Medical Leave The City will comply with all Federal and State leave provisions. Catastrophic Leave The provisions of Catastrophic Leave shall be in accordance with the City's Administrative Procedure entitled Catastrophic Leave. Industrial Disability Leave - Disability leave is absence from duty granted because of a disability caused by illness or injury arising out of and in the course of his/her employment. Disability leave shall be in accordance with the provisions of the workers' compensation laws of the State of California and the benefits and allowance provided under it, except as specifically provided herein. Conditions and Duration of Leave - For days of absence as a result of illness or injury arising out of and in the course of an employee's assigned duties and through no fault of his/her own, an employee shall receive disability pay for one (1) year to the extent that his/her loss of earnings is not covered by the benefits granted under the provisions of the workers' AFSCME 2190 -20- compensation laws of the State of California, unless he/she is terminated earlier. The total amount received from Workers' Compensation benefits and disability pay shall not exceed eighty percent (80%) of the employee's regular rate of pay. The City will notify the employee that he/she has the option of using accumulated sick leave to pay the residual, and unless the employee notifies the City otherwise, the residual will be paid by use of accumulated sick leave until such time as accumulated sick leave is exhausted. Once sick leave is exhausted the employee may elect to use their accrued vacation and compensation time to supplement their pay. Modified Du tv - The City will attempt to provide modified duty assignments for employees who are unable to perform regular job duties due to injury or illness. Modified duty assignments will be determined in accordance with the employee's medical restrictions and at the needs of the business of the City. Bereavement Leave - In the event of a death in an employee's immediate family, absence from duty shall be allowed and not to exceed three (3) days. In the event of the death of a relative who is not a not a member of the employee's immediate family, absence from duty shall be allowed for one (1) day. Such absences shall not be charged to the employee's sick leave balance. For the purposes of this Section, "immediate family" means father, mother, step father, step mother, husband, wife, registered domestic partner, son, daughter, step son, step daughter, sister, brother, grandparent, mother-in-law, or father-in-law of the employee. In addition upon approval of the department head, the City will allow the employee to use up to two (2) days of sick leave, vacation leave or other accrued leave for bereavement. Leave Without Pay - The City Manager may grant a regular employee a personal or medical leave of absence without pay or benefits not to exceed one (1) year. Request for such leave shall be in writing and must be approved by the City Manager. Leave requested under this Section shall not be routinely denied. Return to Work and Reinstatement Rights —When an employee returns to work, after an approved leave, the employee shall be reinstated in the position held at the time the leave was granted. Maternity, Parental and Adoptive Leaves — Employees may use accumulated sick leave for pregnancy related disability when the disability is certified by the employee's physician. Leave without pay shall be provided in accordance to the MOU, for purposes of postpartum care of an infant or for the adoption of a child. Employee may request, up to ten (10) days of accrued sick leave to be utilized upon the arrival of an adopted child. AFSCME 2190 -21- Applicable Law - The City will comply with all Federal and State Laws pertaining to the birth and adoption of children. Military Leave - Military leave shall be granted in accordance with applicable State and Federal laws. 13. Occupational, Departmental, Premium Pay & Reimbursement Provisions Training — The City will seek to expand training availability in job related skills and certifications when applicable and appropriate within budget limitations. Safe Safety Committees Composition — The Public Works Department Safety Committee shall consist of two (2) representatives from the Street and Sewer Division, two (2) representatives from the Water Division, one (1) representative of the Shop Division, (1) representative of the Facilities Division, and two (2) representatives from the City. The Park Department Safety Committee shall consist of one (1) representative from each park crew, the Park Maintenance Leadworker, Park Supervisor, and Park Superintendent. Meetings — Safety Committees shall meet monthly. Safety Equipment — The City shall continue to supply employees with safety equipment required by the City and/or CAL -OSHA. All employees furnished such equipment shall use the equipment and their use shall only be for the purposes and uses specified under applicable safety rules and regulations. Drug/Alcohol Testing — The City will be in compliance with the Federal DOT program. Safety Shoe Reimbursement — Effective 07/01/15 the City shall reimburse each employee required to wear safety shoes, as determined by each department safety committee, up to three hundred dollars ($300) per employee per fiscal year. The employee in the classification of Meter Reader is allowed reimbursement of up to three hundred dollars ($300) two (2) times in each fiscal year. Tree Crew Protective Clothing Effective 07/01/15, Tree Crew employees whose work requires special safety footwear for tree climbing shall be reimbursed up to three -hundred - seventy dollars ($370) per fiscal year. AFSCME 2190 -22- Effective 07/01/15 the City will provide Tree Personnel Cal -OSHA compliant clothing. Class B Licensure Class B Driver's License — Requirement — The Union acknowledges that the City and employees must comply with state law. The City agrees to pay for required medical exams and grant reasonable work time for taking required exams. Accommodation - The City may temporarily reassign an employee to other duties for a maximum of six (6) months if the employee has: 1) not passed a required exam for a Class B license; 2) been unable to maintain or re -qualify for the license due to medical reasons; or 3) temporarily lost use of the license for six (6) months or less. Reimbursement - The City will reimburse employees for expenses associated with obtaining their Class B License, upon approval of the Public Works Superintendent or Parks Superintendent. Certification Pay Employees who earn and maintain a certificate that is approved by the department head or his/her designee are eligible for certification/premium pay as follows: Class B Driver's License $100 per month Water Distribution Operator, Grade 2 $100 per month Water Distribution Operator, Grade 3 $100 per month Water Distribution Operator, Grade 4 $50 per month Mechanic Auto Service Certification $100 per month Water Treatment Ti Certification $100 per month Collection System Grade II $100 per month Collection System Grade III $100 per month HVAC Certification Type I & II $100 per month Qualified Applicator Certification $100 per month Line Clearance Certification $100 per month Boiler Operations Certificate $100 per month Building Operations Cert. both Level I & II $100 per month Bilingual Service Certification* $100 per month Agricultural Pest Control Advisor Certification 50/a premium pay Playground Inspector Certification 5% premium pay AFSCME 2190 -23- Backflow Prevention Device Certification 5% premium pay *The City shall provide bilingual certification pay to employees designated as bilingual service providers. The designated employee must pass a fluency certification as a condition of receiving the certification pay. Maximum combined compensation for the above listed certifications/premiums shall not exceed $350 per month for any individual. Street Sweeper Assignment and Pay — Employees regularly assigned to Street Sweepers shall receive premium pay of seven and one-half percent (7.5%) of base salary. Premium pay shall not be reduced for normal employee leave or equipment breakdowns. Employees regularly assigned to sweepers shall only be removed for cause or a reduction in number of sweepers. Large Crew Premium Pav A lead worker assigned the responsibility of directing large crews working multiple assignments in more than one location shall receive premium pay in the amount of $100 per month. "Large Crew" is defined as six (6) or more permanent workers assigned to the lead worker on a regular basis. Reimbursements Mileage Reimbursement - An employee who is required to provide transportation for the performance of his/her job shall be compensated at the current IRS mileage rate. It is understood that such reimbursement does not apply to commuting by employees to or from their residence. Training and Educational Reimbursement — An employee shall be reimbursed for the cost of books, supplies and tuition, and shall not lose pay for time attending class if: 1) the course is required by the City, and/or 2) the department head provides written approval prior to the taking of the course, Exoense Advance for Job -Related Training - City Administrative Procedure for job related training provides for a payment advance of 50% of the cost of tuition and required books for a class which costs $200 or more to enroll. The balance of the cost will be reimbursed after completion of the course with a passing grade. Employees must refund all advances made by the City if the class is not completed or not passed. AFSCME 2190 -24- 14. Promotion Filling of Vacancies - The City Manager and/or their designee will determine if higher positions in the classified service shall be filled by promotion based on the City Rules and Regulations and the following: The best interests of the City will be served by promoting from within. There is a minimum of one internal candidate that meets the minimum qualifications for the promotional opportunity. Any promotional examination shall comply with the City Rules and Regulations governing competitive examinations. Notice of the recruitment for a promotional position will be emailed out by the Human Resources Department. The Human Resources Department will also include an email notice to the Union President of the promotional vacancy. Employment Lists Employment lists shall become effective upon the approval of the Human Resources Director. Employment lists shall remain in effect for one (1) year from the date of approval, unless sooner exhausted, and may be extended, prior to their expiration dates, by approval of the Human Resources Director for up to one (1) year period, but in no event shall an employment list remain in effect for more than two (2) years. The name of any person on an employment list may be Q removed by the City Manager if the eligible person requests in writing that his/her name be removed, or if the employee fails to respond to a written offer of employment within five (5) business days next succeeding receipt of the mailing of the notice, which shall be by regular mail. A candidate who rejects an offer of employment shall be removed from the employment list. Time for Promotional Examinations — Promotional examinations scheduled by the City during an employee's regular working hours may be taken without any loss in compensation. Probationary Period - The probationary period for a new City employee shall be twelve (12) months. The probationary period for an existing employee who accepts a promotion shall be six (6) months. Extension - The City may extend the probationary period for an equal period of time in case of absence of thirty (30) days or more for extended sick or accident leave. Reiection From Probation - Any employee who is in a probationary status may be rejected during the probationary period without cause. Any employee who has gained permanent status and thereafter accepts a promotion may be rejected during the probationary period without cause; provided, however, said employee shall retain all other rights of a AFSCME 2190 - 25 - permanent employee in the position held prior to promotion (including the right of return to the former position). Those rights can only be affected for cause. Grievance Rights - An employee who believes that a promotion according to this provision has been improperly denied, may file a grievance regarding such denial. However, such grievance cannot under any circumstances be appealed beyond the level of the City Manager. 15. Transfer An employee may be transferred from one position to another position in the same or comparable classifications upon approval of the affected department heads. 16. Layoff and Recall Layoff - Regular employees may be laid off, without prejudice, due to lack of funds or curtailment of work. No regular employee, may be separated while there are temporary employees serving in the same class or position in the City. Procedure - When a department head is instructed by the City Manager to reduce the number of employees, layoff shall be made in accordance with the following rules: Order - Layoffs shall be by job classification according to reverse order of seniority as defined by total City service. Displacement Rights - The employees to be laid off may displace the least senior employee in the lateral or next lower classification in which he/she previously held permanent status, provided the displaced employee has less total City service. Vacancies - An employee may demote or transfer to a vacant position for which he/she possesses the necessary skills as determined by the minimum qualifications and job specifications for position. Re -Employment List - The name of each employee laid off shall be entered on a re-employment list in order of seniority for three (3) years. Benefits Upon Re -Employment - Former employees appointed from a re-employment eligible list shall be restored all rights accrued prior to being laid off, such as but not limited to, sick leave, vacation credits, and credit for years of service. However, such re-employed employees shall not be eligible for benefits for which they received compensation at the time of or subsequent to the date they were laid off. Notice - a minimum of fourteen (14) calendar days notice must be given to the employee prior to the date of layoff. AFSCME 2190 -26- 17. Resignation f Any employee wishing to resign from employment shall file with the department head a notice of intention to leave at least two (2) weeks in advance. Said notice will state the effective date of departure. Entitlement to final paycheck shall be in compliance with state and federal law. 18. Reinstatement An employee who has resigned in good standing may request reinstatement by the City Manager or designee. The employee may be reinstated to a vacant position, if it is determined to be in the best interest of the needs of the City. Following a one (1) year period after resignation, the City Manager or designee may require such employee to submit to a physical examination and to serve a new probationary period. 19. Discipline General — The City retains the right to impose disciplinary action upon an employee of this unit; however, disciplinary action may be imposed upon any regular employee for just cause. Types of Penalties — Disciplinary action shall be limited to: written reprimand, suspension from work, demotion in class and/or pay step termination Notice — The City agrees to give any employee who is being disciplined at least ten (10) calendar days notice of such disciplinary action. Method of Reprimand — If the City has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. Administrative Leave — The City may also place an employee on administrative leave with pay pending an investigation Into alleged misconduct. Appeal Rights — Any disciplinary action or measure may be appealed in accordance with the following procedure: Within ten (10) working days of his/her receipt of the written decision from his/her department head or designee imposing disciplinary action, an employee wishing to appeal must file such appeal in writing with the City Manager. AFSCME 2190 -27- The City Manager shall consider the matter and render a decision within fifteen (15) working days from the date of receipt of the appeal. Upon request of the employee or his/her representative, such consideration shall Include a meeting with the employee and his/her representative to receive any information or position they may wish to present. The City Manager's decision on written reprimands and suspensions of one (1) day or less shall be final, and such matters may not be grieved or appealed beyond this level. Within ten (10) working days of his/her receipt of the City Manager's decision, an employee wishing to appeal further must notify the Human Resources Director in writing of his/her intent to do so. Any written appeal must indicate that the employee is filing a grievance pursuant to the requirements of Section 21. Grievance Procedure Subsection 21.2.4. Arbitration. The employee may elect only one appeal option, not both. Notification of Discipline - The City will notify the Union of any pending disciplinary action prior to such action being taken against a bargaining unit member; and if the Union does not represent the unit member in the disciplinary action, the Union will be notified of the disposition of the matter. Placement in Personnel Files - An employee or, upon presentation of written authorization from the employee, an employee's representative shall have access to the employee's personnel file upon request. No written reprimand or performance evaluation shall be placed in an employee's personnel file until the employee has been given the opportunity to review and a reasonable opportunity to respond in writing to such a document. "Written reprimand" as used herein is defined as a written communication to the employee formally notifying the employee of conduct or omission which is the basis for discipline. 20. Grievance Procedure Definitions: "Days" as used herein shall be days when the City Hall of the City of Burlingame is open for business. "Grievance" is any dispute over the interpretation or application of any provision of this Memorandum by any employee adversely affected thereby. AFSCME 2190 -28- "Grievant" is an individual employee or employee organization adversely affected by any dispute over the interpretation or application of any provision of this Memorandum. It is agreed that the Union can only grieve disputes over Sections 1, 2, 3, 4, 6 and 7 of this Memorandum. Steps: Step 1— Supervisor or Manager - Grievant shall discuss the grievance with his/her appropriate management personnel within fifteen (15) days of actual or constructive knowledge of the existence of the grievance. If the issue is not resolved, grievant shall be entitled to proceed to Step 2. Step 2 — Department Head - Within ten (10) days of the conclusion of the Step 1 meeting, grievant shall file with his/her department head a written grievance setting forth the following: Name Classification Supervisor Section or Sections of the Memorandum allegedly violated Remedy sought Union Within ten (10) days of receipt of the written grievance, the l department head will meet with the grievant and his/her representative to reach a satisfactory resolution. Step 3 — City Manager - If the grievance is not resolved at Step 1 or Step 2, it may be appealed to the City Manager within ten (10) days of the receipt of the Department Head's response at Step 2. Said appeal shall be in the form of a written request to proceed to Step 3, along with the written grievance. The City Manager or designee shall respond to the grievance within ten (10) days of receipt of the written appeal. The decision of the City Manager shall be final, except as provided in Step 4. Step 4 — Arbitration - If the grievant is not satisfied with the decision at Step 3, within five (5) days after receipt of the Step 3 response, the grievant may request in writing that the Union submit the grievance to arbitration. within ten (10) days of the grievant's receipt of the decision at Step 3, the Union shall inform the City in writing if its intent is to advance the grievance to arbitration. Arbitrator Selection Process — If arbitration has been invoked under 21.2.4 b. above, within five (5) days of the Union notification that the grievance is being advanced to arbitration, an arbitrator shall be selected by mutual AFSCME 2190 -29- agreement, and if no agreement on an arbitrator can be reached within that five (5) day period, the parties shall request of the State Conciliation Service a list of five (5) names of persons experienced in hearing grievances. Each party shall alternately strike a name until only one (1) name remains. The order of strike shall be determined by lot. Decision - In each dispute, the arbitrator shall, as soon as possible, hear evidence and render a decision on the issues by referring to the written grievance and the answers thereto at each step. After the hearing, and after both parties have been given the opportunity to make written arguments, the arbitrator shall submit, in writing, his/her findings and award to the Union and the City. The award of the arbitrator shall be final and binding. Arbitrator's Authority - The arbitrator will have no power to add to, subtract from, or modify the terms of the Memorandum or the written policies, rules, regulations, and procedures of the City; nor shall the arbitrator be empowered to render a decision on issues not before the arbitrator or on facts not supported by the evidence. Arbitration Costs - The fees and expenses of the arbitrator and each hearing shall be borne equally by the City and the Union; or if an individual pursues arbitration without the Union's consent, said individual shall share equally in the cost with the City, provided, however, that no grievance involving interpretation of this Memorandum of Understanding may be advanced to arbitration without the concurrence of the Union. All other expenses shall be borne by the party incurring them. Questions of Arbitrability - If any question arises regarding the arbitrability of a grievance, the party raising the question of arbitrability may, upon request, have such question first ruled upon and decided by an arbitrator prior to any other hearing on the merits of the grievance, which would thereafter be conducted, by a second and different arbitrator. The fees and expenses of the separate arbitrator deciding the issue or arbitrability shall be borne by the party, which raised the question of arbitrability. Waiver of Other Remedies - By submitting the grievance to arbitration, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this grievance/arbitration procedure. The processing of a grievance beyond Step 3 shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction. AFSCME 2190 -30- Failure to Pursue Grievant - Any failure by grievant to purse his/her grievance within the time limits to the next step shall be a voluntary abandonment of the grievance, and grievant shall not thereafter be entitled to pursue said grievance. Such settlement in favor of the City shall not prejudice the rights of the Union or other employees to pursue a similar grievance, provided all other requirements of this Memorandum are met. C_yt - Any failure by the City to respond within the time limits set forth shall entitle grievant to pursue his/her grievance to the next step. Representation and Release Time Grievant shall be entitled to be represented by his/her Union and/or his/her attorney at any grievance meeting or discussion described in any one (1) of the steps of the grievance procedure; provided, however, in no event shall more than one (1) City employee, in addition to grievant, attend such grievance meetings. The limitations of this Section shall apply to employees on paid release time and not to Union staff or witnesses who may be necessary to the grievance. Neither grievant nor his/her representative shall suffer loss of pay for attending the meetings described in the steps of the grievance procedure. Except for grievance meetings described in the steps of the grievance procedure, neither grievant nor any representative of grievant shall be entitled to use regular work time to process the grievance. Other Procedures - The grievance procedure set forth herein shall supersede and replace any other grievance or appeal procedures otherwise available to represented employees and are deemed sufficient to satisfy procedural due process requirements for such hearings and/or appeals. 21. Concerted Activities It is agreed and understood that there will be no strike, work stoppage, slow down or refusal to perform job functions during the term of the Memorandum. However, this provision will not require an employee to cross a picket line of a sanctioned strike if such crossing might reasonably lead to direct harm to the employee. 22. City Rights The City hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Constitution of the United States, the Constitution of California, the laws of the United States, the laws of California, the AFSCME 2190 -31- ordinances and resolutions of the City of Burlingame and shall be limited only by the express and specific terms of this Memorandum. 23. Effect of Agreement This Memorandum shall supersede any prior Memoranda of Understanding, rules, regulations or ordinances in direct conflict with the provisions hereof. 24. Modification There will be no alteration or modification of any provision contained in this Memorandum without the written consent of all parties hereto. 25. Total Agreement This Memorandum constitutes a full and complete agreement by the parties and contains all of the matters upon which the parties reached agreement. Any matter not contained in this Memorandum has not been agreed upon and, if raised in negotiations, was dropped by the party raising it as part of a good faith attempt to reach agreement. 26. New Work In the event the City introduces new work that the Union believes does not fall within any of the existing classifications, the City and the Union shall, upon written request, meet and confer with respect to the assignment or classification of such work. 27. Separability of Provisions Should any Section, clause or provision of this Memorandum be declared illegal by final judgment of a court of competent jurisdiction, such Invalidation of such Section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum. In the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for provisions rendered or declared illegal. 28. Term Except as specifically provided herein, this Memorandum shall remain in effect for those employees employed in the classifications which comprise the AFSCME bargaining unit for the period from July 1, 2015 to June 30, 2018. AFSCME 2190 -32- For AFSCME Local 2190: Date: ,5 Tina Acree AFSCME Business Agent Nn otiatpr Abe Kirschenbaum Negotiator For the City of Burlingame: s Date: 0 � � 5 Lisa Goldman �`- City Manager Leslie Loomis Human Resources Director AFSCME 2190 -33- Exhibit A - Salaries EXHIBIT A: CITY OF BURLINGAME AFSCME 2190 EFFECTIVE THE FIRST PAYROLL PERIOD July 2015 THROUGH June 2016 The salaries listed below are estimates. Actual salary may vary slightly dtte to rounding at time of payrollsystem implementation 1 CLASS TITLE UNIT A B C D E 5401 PARK MAINTENANCELEADWORKER S403 GROUNDS EQUIP.REPAIR WORKER 5404 IRRIGATION REPAIR SPECIALIST S405 TREE LEADWORKER S406 PARK MAINTENANCE WORKER II S407 PARK MAINTENANCE WORKER I 5409 TREE MAINTENANCE WORKER S411 TREE WORKER S501 WATER MAINTENANCE LEADWORKER MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE I I 5451.52 5725.10 6012.14 6319.37 6637.80 2516.09 2642.36 2774.84 2916.63 3063.60 31.45 33.03 34.69 36.46 38.30 4940.23 5173.45 5429.09 5695.95 5980.75 2280.11 2387.75 2505.74 2628.90 2760.35 j 28.50 29.85 31.32 32.86 34.50 4940.23 5173.45 5429.09 5695,95 5980.75 !' 2280.11 2387.75 2505.74 2628.90 2760.35 28.50 29.85 31.32 32.86 34.50 5451.52 5725.10 6012.14 6319.37 6637.80 2516.09 2642.36 2774.84 2916.63 3063.60 ` 31.45 33.03 34.69 36.46 38.30 4662.16 4917.80 5148.78 5397.70 5664.56 2151.77 2269.76 2376.36 2491.25 2614.41 26.90 28.37 29.70 31.14 32.68 i 4453.61 4662.16 4917.80 5148.78 5397.70 2055.51 2151.77 2269.76 2376.36 2491.25 25.69 26.90 28.37 29.70 31.14 4774.28 5045.63 5276.60 5534.49 5805.83 2203.52 2328.75 2435.36 2554.38 2679.62 27.54 29.11 30.44 31.93 33.50 4929.02 5162.24 5420.12 5689.22 5976.26 2274.93 2382.57 2501.60 2625.80 2758.28 28.44 29.78 31.27 32.82 34.48 j 5451.52 5725.10 6012.14 6319.37 6637.80 2516.09 2642.36 2774.84 2916.63 3063,60 31.45 33.03 34.69 36.46 38.30 5502 WATER METER REPAIRER MONTHLY 4704.77 4931.26 5168.96 5424.61 5695.95 AFSCME 2190 -34- S503 WATER MAINTENANCE WORKER 5504 WATER METER READER 5505 WATER SERVICE & OPERATIONS TECH S507 WATER QUALITY AND METER TECH 5508 WATER QUAL&METER LEAD WORKER S601 STREET & SEWER LEADWORKER S602 TRAFFIC SIGN & PAINT LEADWORKER S603 CCTV LEADWORKER S604 STREET & SEWER MAINT.WORKER 5605 LABORER 5606 MAINTENANCE ELECTRICIAN 5607 AUTOMOTIVE MECHANIC BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY,RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE 2171.43 2275.97 2385.68 2503.67 2628.c 27.14 28.45 29.82 31.30 32.86 4662.16 4917.80 5148.78 5397.70 5664.56 2151.77 2269.76 2376.36 2491.25 2614.41 26.90 28.37 29.70 31.14 32.68 4455.85 4704.77 4931.26 5168.96 5424.61 2056.55 2171.43 2275.97 2385.68 2503.67 25.71 27.14 28.45 29.82 31.30 5451.52 5725.10 6012.14 6319.37 6637.80 2516.09 2642.36 2774.84 2916.63 3063.60 31.45 33.03 34.69 36.46 38.30 4917.80 5166.72 5422.37 5695.95 5980.75 2269.76 2384.64 2502.63 2628.90 2760.35 28.37 29.81 31.28 32.86 34.50 i 5451.52 5725.10 6012.14 6319.37 6637.80 2516.09 2642.36 2774.84 2916.63 3063.60 31.45 33.03 34.69 36.46 38.30 - 5451.52 5725.10 6012.14 6319.37 6637.80 2516.09 2642.36 2774.84 2916.63 3062 31.45 33.03 34.69 36.46 38.3u 5451.52 5725.10 6012.14 6319.37 6637.80 2516.09 2642.36 2774.84 2916.63 3063.60 31.45 33.03 34.69 36.46 38.30 5451.52 5725.10 6012.14 6319.37 6637.80 2516.09 2642.36 2774.84 2916.63 3063.60 ' 31.45 33.03 34.69 36.46 38.30 4662.16 4917.80 5148.78 5397.70 5664.56 2151.77 2269.76 2376.36 2491.25 2614.41 26.90 28.37 29.70 31.14 32.68 4437.91 4662.16 4917.80 5148.78 5397.70 2048.27 2151.77 2269.76 2376.36 2491.25 25.60 26.90 28.37 29.70 31.14 MONTHLY 6086.15 6388.88 6714.05 7048.18 7406.98 BIWEEKLY 2808.99 2948.72 3098.79 3253.01 3418.61 HRLY.RATE 35.11 36.86 38.73 40.66 42.73 MONTHLY 5429.09 5695.95 5980.75 6279.00 6601192 BIWEEKLY 2505.74 2628.90 2760.35 2898.00 30q AFSCME 2190 -35- AFSCME 2190 -36- HRLY.RATE 31.32 32.86 34.50 36.23 38.09 5610 PUMP STATION LEADWORKER MONTHLY 5451.52 5725.10 6012.14 6319.37 6637.80 BIWEEKLY 2516.09 2642.36 2774.84 2916.63 3063.60 HRLY.RATE 31.45 33.03 34.69 36.46 38.30 5703 FACILITIES MAINTENANCE WORKER MONTHLY 4962.65 5220.54 5444.79 5725.10 6003.17 BIWEEKLY 2290.46 2409.48 2512.98 2642.36 2770.70 HRLY.RATE 28.63 30.12 31.41 33.03 34.63 5704 FACILITIES LEADWORKER MONTHLY 5451.52 5725.10 6012.14 6319.37 6637.80 BIWEEKLY 2516.09 2642.36 2774.84 2916.63 3063.60 HRLY.RATE 31.45 33.03 34.69 36.46 38.30 AFSCME 2190 -36- CITY OF BURLINGAME AFSCME 2190 EFFECTIVE 07/01/2016 The salaries listed below are estimates. Actual salary may vary slightly due to rounding at time ofpayroll system implementation CLASS TITLE DMT A B C D E S401 PARK MAINTENANCE LEADWORKER MONTHLY BIWEEKLY HRLY.RATE 5403 GROUNDS EQUIPMENT REPAIR WORKER MONTHLY BIWEEKLY HRLY.RATE S404 IRRIGATION REPAIR SPECIALIST S405 TREE LEADWORKER 5406 PARK MAINTENANCE WORKER II 5407 PARK MAINTENANCE WORKER I S409 TREE MAINTENANCE WORKER S41I TREE WORKER 5501 WATER MAINTENANCE LEADWORKER 5502 WATER METER REPAIRER MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE MONTHLY BIWEEKLY HRLY.RATE 5503 WATER MAINTENANCE WORKER MONTHLY BIWEEKLY HRLY.RATE 5615.22 5897.78 6191.54 6509.98 6837.38 2591.64 2722.05 2857.64 3004.61 3155.72 32.4 34.03 35.72 37.56 39.45 5088.23 5328.18 5592.8 586638 6160.15 2348.42 2459.16 2581.29 2707.56 2843.15 29.36 30.74 32.27 33.84 35.54 5088.23 5328.18 5592.8 5866.38 6160.15 . 2348.42 2459.16 2581.29 2707.56 2843.15 29.36 30.74 32.27 33.84 35.54 5615.22 5897.78 6191.54 6509.98 6837.38 2591.64 2722.05 2857.64 3004.61 3155.72 32.4 34.03 35.72 37.56 39.45 4801.19 5065.81 5303.51 5559.16 5834.99 2215.94 2338.07 2447.78 2565.77 2693.07 27.7 29.23 30.6 32.07 33.66 �- 4588.16 4801.19 5065.81 5303.51 5559.16 2117.61 2215.94 2338.07 2447.78 2565.77 26.47 27.7 29.23 30.6 32.07 AFSCME 219 -37- 4917.8 5198.12 5435.82 5700.44 5980.75 2269.76 2399.13 2508.84 2630.97 2760.35 28.37 29.99 31.36 32.89 34.5 5077.02 5316.97 5583.83 5859.65 6155.66 2343.24 2453.99 2577.15 2704.46 2841.08 29.29 30.67 32.21 33.81 35.51 5615.22 5897.78 6191.54 6509.98 6837.38 2591.64 2722.05 2857.64 3004.61 3155.72 32.4 34.03 35.72 37.56 39.45 4846.04 5079.26 5323.7 5588.31 5866,38 2236.64 2344.28 2457.09 2579.22 2707.56 27.96 29.3 30.71 32.24 33.84 4801.19 5065.81 5303.51 5559.16 5834.99 2215.94 2338.07 2447.78 2565.77 2693.07 27.7 29.23 30.6 32.07 33.66 r S504 WATER METER READER MONTHLY BIWEEKLY HRLY.RATE S505 WATER SERV,& OPERATIONS TECH. MONTHLY BIWEEKLY HRLY.RATE 5507 WATER QUALITY AND METER TECH. MONTHLY BIWEEKLY HRLY.RATE S508 WATER QUAL.& METER LEAD WORKER MONTHLY BIWEEKLY HRLY.RATE 5601 STREET & SEWER LEADWORKER MONTHLY BIWEEKLY HRLY.RATE 5602 TRAFFIC SIGN & PAINT LEADWORKER MONTHLY BIWEEKLY HRLY.RATE S603 CCTV LEADWORKER MONTHLY BIWEEKLY HRLY.RATE S604 STREET& SEWER MAINT.WORKER MONTHLY BIWEEKLY HRLY.RATE 5605 LABORER MONTHLY BIWEEKLY HRLY.RATE 5606 MAINTENANCE ELECTRICIAN MONTHLY BIWEEKLY HRLY.RATE S607 AUTOMOTIVE MECHANIC MONTHLY BIWEEKLY HRLY.RATE 5610 PUMP STATION LEADWORKER MONTHLY BIWEEKLY HRLY.RATE 5703 FACILITIES MAINTENANCE WORKER MONTHLY BIWEEKLY HRLY.RATE 4590.4 4846.04 5079.26 5323.7 5588.31 2118.65 2236.64 2344.28 2457.09 2579.22 26.48 27.96 29.3 30.71 32.24 5615.22 5897.78 6191.54 6509.98 6837.38 2591.64 2722.05 2857.64 3004.61 3155.72 32.4 34.03 35.72 37.56 39.45 5065.81 5321.45 5586.07 5866.38 6160.15 2338.07 2456.06 2578.19 2707.56 2843.15 29.23 30.7 32.23 33.84 35.54 5615.22 5897.78 6191.54 6509.98 6837.38 2591.64 2722.05 2857.64 3004.61 3155.72 32.4 34,03 35.72 37.56 39.45 5615.22 5897.78 6191.54 6509.98 6837.38 2591.64 2722.05 2857.64 3004.61 3155.72 32.4 34.03 35.72 37.56 39.45 5615.22 5897.78 6191.54 6509.98 6837.38 2591.64 2722.05 2857.64 3004.61 3155.72 32.4 34.03 35.72 37.56 39.45 5615.22 5897.78 6191.54 6509.98 6837.38 2591.64 2722.05 2857.64 3004.61 3155.72 32.4 34.03 35.72 37.56 39.45 4801.19 5065.81 5303.51 5559.16 5834.99 2215.94 2338.07 2447.78 2565.77 2693.07 27.7 29.23 30.6 32.07 33.66 4570.22 4801.19 5065.81 5303.51 5559.16 2109.33 2215.94 2338.07 2447.78 2565.77 26.37 27.7 29.23 30.6 32.07 6267.79 6579.5 6915.87 7258.97 7628.99 2892.83 3036.69 3191.94 3350.3 3521.07 36.16 37.96 39.9 41.88 44.01 5592.8 5866.38 6160.15 6467.37 6799.26 2581.29 2707.56 2843.15 2984.94 3138.12 32.27 33.84 35.54 37.31 39.23 5615.22 5897.78 6191.54 6509.98 6837.38 2591.64 2722.05 2857.64 3004.61 3155.72 32.4 34.03 35.72 37.56 39.45 5110.66 5377.52 5608.49 5897.78 6182.57 2358.77 2481.93 2588.54 2722.05 2853.5 35.67 29.48 31.02 32.36 34.03 AFSCME 2190 -38- S704 FACILITIES LEADWORKER MONTHLY 5615.22 BIWEEKLY 2591.64 HRLY.RATE 32.4 AFSCME 2190 -39- 5897.78 6191.54 6509.98 6837.38 2722.05 2857.64 3004.61 3155.72 34.03 35.72 37.56 39.45 CITY OF BURLINGAME AFSCME 2190 EFFECTIVE 07/01/2017 The salaries listed below are estimates. Actual salary may vary slightly due to rounding at time of payroll system implementation CLASS TITLE UNIT A B C D E 5401 PARK MAINTENANCE LEADWORKER MONTHLY 5783.41 6074.93 6377.67 6705.08 7041.45 BIWEEKLY 2669.27 2803.82 2943.54 3094.65 3249.90 HRLY.RATE 33.37 35.05 36.79 38.68 40.62 5403 GROUNDS EQUIP. REPAIR WORKER MONTHLY 5240.72 5487.40 5760.98 6041.30 6344.03 BIWEEKLY 2418.80 2532.65 2658.92 2788.29 2928.02 HRLY.RATE 30.23 31.66 33.24 34.85 36.60 5404 IRRIGATION REPAIR SPECIALIST MONTHLY 5240.72 5487.40 5760.98 6041.30 6344.03 BIWEEKLY 2418.80 2532.65 2658.92 2788.29 2928.02 HRLY.RATE 30.23 31.66 33.24 34.85 36.60 S405 TREE LEADWORKER MONTHLY 5783.41 6074.93 6377.67 6705.08 7041.45 BIWEEKLY 2669.27 2803.82 2943.54 3094.65 3249.90 HRLY.RATE 33.37 35.05 36.79 38.68 40.62 S406 PARK MAINTENANCE WORKER II MONTHLY 4944.71 5218.30 5462.73 5725.10 6009.90 BIWEEKLY 2282.18 2408.45 2521.26 2642.36 2773.80 HRLY.RATE 28.53 30.11 31.52 33.03 34.67 5407 PARK MAINTENANCE WORKER I MONTHLY 4724.95 4944.71 521830 5462.73 5725.10 BIWEEKLY 2180.75 2282.18 2408.45 2521.26 2642.36 HRLY.RATE 27.26 28.53 30.11 31.52 33.03 S409 TREE MAINTENANCE WORKER MONTHLY 5065.81 5355.09 5599.52 5870.87 6160.15 BIWEEKLY 2338.07 2471.58 2584.40 2709.63 2843.15 HRLY.RATE 29.23 30.89 32.30 33.87 35.54 S411 TREE WORKER MONTHLY 5229.51 5476.19 5752.01 6034.57 6339.55 BIWEEKLY 2413.62 2527.47 2654.78 2785.19 2925.95 HRLY.RATE 30.17 31.59 33.18 34.81 36.57 S50I WATER MAINT.LEADWORKER MONTHLY 5783.41 6074.93 6377.67 6705.08 7041.45 BIWEEKLY 2669.27 2803.82 2943.54 3094.65 3249.90 HRLY.RATE 33.37 35.05 36.79 38.68 40.62 5502 WATER METER REPAIRER MONTHLY 4991.81 5231.75 5482.91 5756.50 6041.30 BIWEEKLY 2303.91 2414.66 2530.58 2656.85 2788.29 HRLY.RATE 28.80 30.18 31.63 33.21 34.85 AFSCME 2190 -40- i S503 WATER MAINTENANCE WORKER MONTHLY 4944.71 5218.30 5462.73 5725.10 6009.90 BIWEEKLY 2282.18 2408.45 2521.26 2642.36 2773.80 HRLY.RATE 28.53 30.11 31.52 33.03 34.67 5504 WATER METER READER MONTHLY 4727.19 4991.81 5231.75 5482.91 5756.50 BIWEEKLY 2181.78 2303.91 2414.66 2530.58 2656.85 HRLY.RATE 27.27 28.80 30.18 31.63 33.21�� 5505 WATER SERV. & OPERATIONS TECH. MONTHLY 5783.41 6074.93 6377.67 6705.08 7041:45 BIWEEKLY 2669.27 2803.82 2943.54 3094.65 3249.90 HRLY.RATE 33.37 35.05 36.79 38.68 40.62 j 5507 WATER QUAL. & METER TECHNICIAN MONTHLY 5218.30 5480.67 5754.26 6041.30 6344.03 BIWEEKLY 2408.45 2529.54 2655.81 2788.29 2928.02 I HRLY.RATE 30.11 31.62 33.20 34.85 36.60 I SS08 WTRQUAL&METER LEAD WORKER MONTHLY 5783.41 6074.93 6377.67 6705.08 7041.45 BIWEEKLY 2669.27 2803.82 2943.54 3094.65 3249.90 HRLY.RATE 33.37 35.05 36.79 38.68 40.62 . 5601 STREET& SEWER LEADWORKER MONTHLY 5783.41 6074.93 6377.67 6705.08 7041.45 BIWEEKLY 2669.27 2803.82 2943.54 3094.65 3249.90 HRLY.RATE 33.37 35.05 36.79 38.68 40.62 5602 TRAP. SIGN & PAINT LEADWORKER MONTHLY 5783.41 6074.93 6377.67 6705.08 7041.45'. BIWEEKLY 2669.27 2803.82 2943.54 3094.65 3249.90 HRLY.RATE 33.37 35.05 36.79 38.68 40.62 '.. 5603 CCTV LEADWORKER MONTHLY 5783.41 6074.93 6377.67 6705.08 7041.45 BIWEEKLY 2669.27 2803.82 2943.54 3094.65 3249.90 HRLY.RATE 33.37 35.05 36.79 38.68 40.62 5604 STREET& SEWER MAINT. WORKER MONTHLY 4944.71 5218.30 5462.73 5725.10 6009.90 BIWEEKLY 2282.18 2408.45 2521.26 2642.36 2773.80 '. HRLY.RATE 28.53 30.11 31.52 33.03 34.67 - 5605 LABORER MONTHLY 4707.01 4944.71 5218.30 5462.73 5725.10 - BIWEEKLY 2172.47 2282.18 2408.45 2521.26 2642.36 :. HRLY.RATE 27.16 28.53 30.11 31.52 33.03 5606 MAINTENANCE ELECTRICIAN MONTHLY 6456.16 6776.84 7124.42 7476.50 7857.72 BIWEEKLY 2979.77 3127.77 3288.20 3450.69 3626.64 HRLY.RATE 37.25 39.10 41.10 43.13 45.33 5607 AUTOMOTIVE MECHANIC MONTHLY 5760.98 6041.30 6344.03 6662.47 7003.33 BIWEEKLY 2658.92 2788.29 2928.02 3074.99 3232.31 HRLY.RATE 33.24 34.85 36.60 38.44 40.40 -, AFSCME 2190 -41- S610 PUMP STATION LEAD WORKER MONTHLY 5783.41 6074.93 6377.67 6705.08 7041.45 BIWEEKLY 2669.27 2803.82 2943.54 3094.65 3249.90 HRLY.RATE 33.37 35.05 36.79 38.68 40.62 S703 FACILITIES MAINTENANCE WORKER MONTHLY 5263.15 5538.98 5776.68 6074.93 6368.70 BIWEEKLY 2429.15 2556.45 2666.16 2803.82 2939.40 HRLY.RATE 30.36 31.96 33.33 35.05 36.74 5704 FACILITIES LEADWORKER MONTHLY 5783.41 6074.93 6377.67 6705.08 7041.45 BIWEEKLY 2669.27 2803.82 2943.54 3094.65 3249.90 HRLY.RATE 33.37 35.05 36.79 38.68 40.62 AFSCME 2190 -42- Exhibit B — Alternative Work Schedule POLICY The Alternative Work Schedule Policy provides an opportunity for eligible employees to work 40 -hour workweeks in less than the traditional 5 days per week. Alternative work schedules will be offered to the extent the practice does not negatively impact business operations or service to the community. Additionally, alternative work schedules will be offered in a way that will not materially increase the costs of serving the community of Burlingame. If a current employee is working a traditional 5/40 -work week and his/her individual circumstance is not conducive to an alternative work schedule, the supervisor and manager will assess if the employee can keep his/her traditional 5/40 schedule. Such an assessment will involve looking at the needs of the City, public, employee and workgroup. ELIGIBILITY The policy applies to full-time, permanent employees who shifts are traditionally scheduled Monday through Friday in the time period from 7AM - 713M. Sworn public safety employees that are on shift or who work in administrative capacities are not eligible to participate in the Alternative Work Schedule Policy unless otherwise approved by the Police or Fire Chief. WORK SCHEDULE The standard alternative work schedule under this policy is referred to as a 9/80 work schedule. This provides that employees work nine (9) hours per day, four (4) days per week, plus one eight (8) hour day once every two weeks. If approved by the City Manager, departments may implement other alternative work schedules such as a 4/10. WORK WEEK The standard workweek is defined as forty (40) hours per week and will start at 12:01 pm on Friday. HOLIDAYS Holidays will retain their value of eight (8) hours per day. For example, if a holiday falls on what would otherwise be a nine (9) hour workday, the employee must either use one (1) hour of vacation, administrative or AFSCME 2190 -43- floating holiday leave to be compensated for the additional hour. The employee, with the Department Head's approval, may also elect to work one additional hour another day within the workweek to make-up for this hour. HOURS OF OPERATION The City intends to expand the hours of operation for City facilities. However, prior to expanding hours to the public, the City will implement the pilot program; assess if it will be an on-going plan; and the evaluate options around expanding hours of operation. Such evaluation is expected to take place during the first six (6) months of the program. PROGRAM CRITERIA: The success of this program is based on the premise that City services will be maintained and will not deteriorate due to the implementation of an alternative work program. Prior to implementing such a program, each department will be required to submit standards that will be used to measure the program impacts. Such standards should include some measurement of: ✓ Productivity ✓ Quality of Service and Impact on Key -Indicators regarding Service ✓ Sick Leave Usage ✓ Complaints from the public or other City departments regarding staff unavailability ✓ If service hours are extended into the evening, usage during the later hours ✓ Proportion of work that has either fallen to others (not on alternative work schedule) or not being done in a timely manner ✓ Economic Impact — including increase in overtime ✓ Employee Morale Additionally, when designing a program for a specific unit or division, the following will need to be addressed: AFSCME 2190 -44- ✓ Adequate phone and counter coverage to provide services ✓ Cross -training to ensure all City services are maintained each day ✓ Sufficient supervision of the work group ✓ Coverage during peak vacation seasons ✓ Maintenance of services that require interdepartmental support ✓ Employee safety All employees that opt to participate in a pilot program will be required to submit an Alternative Work Schedule Agreement. Pilot programs will be for no more than six (6) months and are subject to department head approval. The pilot program is not subject to the City's grievance procedure. DATE: Date T0: Employee Name, Employee Job Title FROM: DH Name, Director Title SUBJECT: Alternative Work Schedule Agreement This agreement constitutes a month trial program for an alternative work schedule that will be in effect from to . However, as the Department Head, I reserve the right to discontinue the flex work schedule during this period time with a minimum of ten (10) days advanced notification Additionally, the City may make temporary adjustments to your alternative work schedule due to work demands. The City will give you a minimum of five (5) days advanced notification. 1. Effective your new work schedule will be as follows: Week #1 (sample — use your actual) Monday through Thursday (7:30 a.m. — 5:00 p.m.) with a 1/2 hour lunch break. Friday (8:00 a.m. — 5:00 p.m.), with a 1 hour lunch break. Total Work Hours: 44 Week #2 (sample — use your actual) Monday through Thursday (7:30 a.m. — 5:00 p.m.) with a 1/2 hour lunch break. Friday (scheduled 9180 day off). Total Work Hours: 36 AFSCME 2190 -45- 2. Holidays: If a holiday falls on your scheduled 9/80 day off, you will receive 8 hours of floating holiday. The days will be referred to as AWS Floater Days. All AWS floater days accrued in a calendar year must be used no later than January 31 of the following calendar year. You will not be allowed to carry-over, bank or accrue the AWS floater days. There is no cash value attached to an AWS floater day. You are not entitled to payment for any AWS floater days unused at the time of resignation or termination of City employment. 3. Other Leave Days Affected by 9/80 Day Off: If you take a day of vacation leave, sick leave, administrative leave or other benefit leave, you must use the number of hours which corresponds to your alternative work schedule. As an example, you will use 9 hours of sick leave if you are absent due to illness on a scheduled 9 -hour workday and 8 hours of sick leave if you are absent due to illness on a scheduled 8 -hour workday. 4. Vacation and Sick Leave Accrual: You will continue to accrue vacation leave, sick leave and other forms of leave at the rate specified in your employee MOU benefit agreement. S. Temporary Work Schedule Change: Temporary changes in your alternative work schedule must be pre -approved by the Department Head and require a minimum five (5) days advance notification. Additionally, due to work demands the Department Head may make temporary changes to your Alternative Work Schedule with a minimum five (5) days advance notice. 6. Vacation and Other Leave Requests: In order to minimize the impact of reduced staffing days, every attempt should be made to plan vacations and other leaves during your four (4) day work week. Special circumstances may be granted allowing overlapping of schedules only with prior approval of the Department Head. You are highly encouraged, although not mandated to schedule dental, doctor and other personal appointments on your 9/80 day off. 7. Employee Request to Discontinue Flex Work Schedule: You are required to commit to the prescribed alternative work schedule agreement. If you no longer choose to continue with the agreement, you will need to request that the agreement be terminated. Such a request needs to be submitted to me in writing with a minimum of thirty (30) days prior to the desired date of change. Any early termination of the agreement is subject to my approval. S. Extended Work Week: By agreeing to the Flex Work Schedule, you will be required to work one 44 hour and one 36 hour work week for a total of 80 hours in a regular two-week pay period. ***if for FLSA exempt employee, use the following As a mid -manager and member of the Mid - Management Bargaining Unit, you do not accrue overtime, and will not be additionally compensated above and beyond the work week(s) as defined in this document. Mid -Management leave will continue to be accrued and AFSCME 2190 -46- dispersed as described in your Mid -Management MOU.****if eligible for OT, use the following Overtime hours will be based on hours worked in excess of your flex -time schedule. If you are scheduled to work a 9 -hour day, eligibility for overtime would not begin until after you have worked your regularly assigned 9 -hour day. 9. Work Expectations: You enter into this agreement knowing that there will be no modification to your workload or job expectations to accommodate an alternative work schedule. As such, if the City determines that this program is detrimental to your performance or negatively impacting job expectations, it may be terminated with a ten (10) day minimum notice. 10.Paychecks: Paychecks will not be released early to employees who are off on Fridays as a result of the Alternative Work Schedules. Employees on this program are strongly encouraged to register for direct deposit. On payday, paychecks will be available on Friday morning in the employee's department. My signature below signifies that I agree to all the listed conditions and understand that the City reserves the right to discontinue this program with ten (1O) days advanced notification. Employee Name Date DH Name Date Employee Title Cc Personnel File DH Title AFSCME 2190 -47- Exhibit C — FMLA Policy ADMINISTRATIVE PROCEDURES CITY OF BURLINGAME October 01, 2012 (R,uia•3 CATEGORY: Personnel PAGE: 4.25.1 SUBJECT: Family Medical Leave Act, California Family Rights Act, Pregnancy Disability Leave, State Disability Leave, and Paid Family Leave POLICY: The city shall grant family and medical leave in accordance with State Government Code Sections 12945 and 12945.2, the Federal Family and Medical Leave Act of 1993 (FMLA), the California Family Rights Act of 1994 (CFRA), the California Pregnancy Disability Leave Act (PDL), State Disability Insurance (SDI), Paid Family Leave (PFL) and existing city administrative or MOU procedures. A. FAMILY AND MEDICAL CARE LEAVE (FMLA and CFRA) Under state and federal law, eligible employees are entitled to up to twelve weeks of unpaid leave per year. FMLA and CFRA leave runs concurrently, with the exception that CFRA leave does not cover pregnancy disability. This leave shall not constitute a break in service for purposes of seniority, vacation accrual, etc. 1. Employee Eligibility To be eligible for family and medical leave benefits, an employee must: • Have worked for the City for a total of at least 12 months • Have actually worked at least 1,250 hours over the previous 12 months 2. Amount of Leave Available Eligible employees may receive up to a total of 12 work weeks of unpaid leave during any 12 -month period. The 12 -month period is measured backward from the date an employee last used any FMLA leave. As a result, the amount of leave an employee is entitled to take depends on how much time the employee has already taken during the 12 -months prior to the request. 3. Intermittent Leave and Minimum Duration of Leave If required by a health care provider, employees may take family and medical leave intermittently (in blocks of time interspersed during work time), or by reducing their normal weekly or daily work schedule. Intermittent leave can be taken in no less than one-hour AFSCME 2190 -48- increments and will be counted toward the annual 12 week allotment. If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement. In addition, the basic minimum duration of such leave is two weeks, except that on no more than two occasions, an employee may use leave in a one -day minimum increment. 4. Reasons for Leave Leave may only be used for one or more of the following reasons: • For the birth or placement of a child with the employee for adoption or foster care • To care for a spouse (including registered domestic partner), child, or parent with a serious health condition • To care for a newborn child (birth - 12 months of age) • When the employee is unable to perform the functions of his or her position because of a "serious health condition" as defined herein. S. Spouses Both Employed by the City The aggregate number of work weeks of leave to which City employees who are spouses may be entitled for reasons of birth or placement for adoption or foster care is limited to 12 work weeks during the 12 -month period defined herein. 6. Notice of Need for Leave An employee needing family and medical leave is required to provide: • 30 -day advance notice when the need for the leave is foreseeable (e.g., for childbirth or elective surgery). If an employee fails to give 30 days notice for a foreseeable leave with no reasonable excuse for the delay, the leave may be denied until 30 days after the employee provides notice. • When the need for leave is unforeseen, an employee must give notice as soon as possible. • If the City determines that the employee's notice is inadequate or the employee knew about the need for leave in advance of the time requested, the City may delay the start of the leave until the City can cover the position with a replacement. L F AFSCME 2190 -49- 7. Medical Certification Content and Due Date of Certification: An employee who requests leave for his or her own serious health condition, or to care for a child, parent or spouse who has a serious health condition, must provide the City written certification from the health care provider of the individual requiring care within 15 days after requesting leave. • If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. • If the employee requests intermittent leave, or on a reduced schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is "medically necessary." "Medically necessary" means that there is a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. Second and Third Opinions: If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, and paid for by the City. The opinion of the third provider will be binding. Consequences of Failure to Provide Adequate or Timely Certification: If the employee provides an incomplete certification, the employee will be given a reasonable time to provide a complete certification. If the employee fails to provide a medical certification within 15 days of the employee's request for leave, the City may delay the start time for taking the leave until the required certification is provided. Re -certification: • Periodic Re -certification: The City may require the employee to periodically report on his or her status and intent to return to work. An employee who requests an extension of approved leave will be required to provide a new certification. • Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, the employee must AFSCME 2190 -50- obtain and present a fitness -for -duty certification from the l health care provider that the employee is able to return to work. Failure to provide such certification will result in denial of reinstatement. 8. Use of Accrued Paid Leaves Family and medical leave is unpaid, except that where an employee has accrued paid leave balances, they are required to use that accrued leave time (i.e., accrued sick leave, family sick leave, vacation, floating holiday, or administrative leave) during the FMLA leave. When such accrued leave is exhausted, the employee is then entitled to take unpaid leave for the remainder of the leave period. At the employee's discretion, accumulated compensatory time may also be taken during the period of the leave. 9. Concurrent Use of Family and Medical Leave with Other Leaves The City may designate any non -family and medical leave, such as workers' compensation, sick, or vacation leave, to run concurrently with family and medical leave whenever the non -family and medical leave is also for a family and medical leave purpose. The City integrates family and medical leave with workers' t compensation leave whenever an employee is absent from the work place for 30 days or more due to an industrial injury or illness. As required by law, the City will not run family and medical leave concurrently with Labor Code section 4850 leave (sworn employee temporary disability workers' compensation leave). 10. Benefits During Leave An employee will receive any group health insurance coverage that was provided before the leave on the same terms as if the employee had continued to work during the leave, up to a maximum of 12 workweeks. Employee contributions for group health insurance coverage, if any, will be required either through payroll deduction or by direct payment to the City or insurance provider. The method of payment will be established in conjunction with the employee in writing at the beginning of the leave. The amount of an employee's contribution is subject to any changes in rates that occur while the employee is on leave. If the City pays the employee's contribution in order to avoid cancellation of coverage, the employee will be required to reimburse the employer on a payroll deduction schedule upon return from leave. The employee will be required to sign a written AFSCME 2190 -51- statement at the beginning of the leave period to authorize the payroll deduction for delinquent payments. If the employee fails to return from unpaid family and medical leave for reasons other than: 1) the continuation of a serious health condition of the employee or his or her covered family member; or 2) circumstances beyond the employee's control, the City may seek reimbursement from the employee for the portion of the premiums the City paid on behalf of the employee during the leave period. 11. Sick and Vacation Leave Accrual Sick leave and vacation leave do not accrue while an employee is on unpaid leave. 12. Job Reinstatement An employee will be reinstated to his or her previous position, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions if all of the following conditions are met: 1) the employee has been on leave for no more than the maximum family and medical leave period; and 2) the employee provides the department a written certification from a health care provider that the employee is fit for duty. If an employee is returning from family and medical leave taken for his or her own serious health condition, but is unable to perform the essential functions of his or her job because of a physical or mental disability, the City will begin an Interactive process to determine whether the City can reasonably accommodate the employee without undue hardship. However, an employee returning from family and medical leave has no greater right to reinstatement, benefits, and other conditions of employment than if he/she had been continuously employed rather than on leave. 13. Required Forms Employees must complete the following forms in order to receive leave under this policy: a. "Request for Family or Medical Leave Form" prepared by the City to be eligible for leave. (Note: this form may not be required if the City designates an employee's leave to run concurrently with FMLA/CFRA leave.) b. 'Certification of Physician or Practitioner Form" prepared by the City for medical certification—either for the employee's AFSCME 2190 -52- own serious health condition or for the serious health condition of a child, parent or spouse; C. Fitness -for -duty to return from leave certification from doctor B. MILITARY FAMILY LEAVE ENTITLEMENTS 1. Military Caregiver Leave: An eligible employee who is a spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness will be granted up to a total of 26 workweeks of unpaid leave during a single 12 - month period to care for the servicemember. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A serious injury or illness is one that was incurred by a servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating. The "single 12 -month period" for leave to care for a covered servicemember with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA- qualifying reason during the single 12 -month period. Only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered servicemember. 2. Qualifying Exigency Leave: An eligible employee will be granted up to a total of 12 workweeks of unpaid leave during a 12 -month period for qualifying exigencies arising out of the fact that the employee's spouse, son, daughter or parent is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. Qualifying Exigency Leave is available to a family member of a military member in the National Guard or Reserves; it does not extend to family members of military members in the Regular Armed Forces. 3. Military Caregiver Leave and Qualifying Exigency Leave will be administered in accordance with applicable federal and state regulations AFSCME 2190 -53- C. PREGNANCY DISABILITY LEAVE An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for up to four months. 1. Notice & Certification Requirements Requests for pregnancy disability leave must be submitted in writing and must be approved by the employee's supervisor or department director before the leave begins. The request must be supported by a written certification from the attending physician that the employee is disabled from working by pregnancy, childbirth or a related medical condition. The certification must state the expected duration of the disability and the expected date of return to work. (The City's "Request for Family or Medical Leave Form" and "Certification of Physician or Practitioner Form" should be used for this purpose.) All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the department director prior to being taken. Requests for an extension of leave must be submitted in writing to the department director prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. The maximum pregnancy disability leave is four months. 2. Compensation During Leave Pregnancy disability leaves are without pay. However, where an employee has accrued paid leave balances, the employee must first use their accrued sick leave, vacation leave, and then any other accrued paid time off during the period of the leave, and when such leaves are exhausted, may take unpaid time for the remainder of the leave. 3. Benefits During Leave An employee on pregnancy disability leave will receive any group health insurance coverage that was provided before the leave on the same terms as provided to other employees who become disabled off-duty, as if the employee had continued to work, if: 1) the employee is eligible for concurrent family medical leave; and 2) the employee has not already exhausted this 12 -week group health insurance coverage benefit In the current family medical leave eligibility period. The City may recover premiums it paid to maintain health coverage, as provided by the family and medical leave laws, if an employee does not return to work following pregnancy disability leave AFSCME 2190 -54- An employee on pregnancy disability leave, and not eligible to receive group health insurance coverage as described above, may receive health insurance coverage in conjunction with COBRA guidelines by making monthly premium payments to the City. 4. Sick and Vacation Leave Accrual: Sick leave and vacation leave do not accrue while an employee is on unpaid pregnancy disability leave. S. Reinstatement Upon the expiration of pregnancy disability leave and the City's receipt of a written statement of the health care provider that the employee is fit to return to duty, the employee will be reinstated to her original or an equivalent position so long as it was not eliminated for a legitimate business reason during the leave. a. If the employee's original position is no longer available, the employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee's original position. b. If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify potential reasonable accommodations. An employee who fails to return to work after the termination of her leave loses her reinstatement rights. D. STATE DISABILITY INSURANCE (SDI) Employees covered under AFSCME collective bargaining agreements are eligible for State Disability Insurance (SDI) administered by the State Employment Development's (EDD) Disability Insurance Branch. SDI benefits are payable when an employee is off work for more than 7 days due to a personal disability, which includes pregnancy disability. SDI benefits will be integrated with an employee's sick leave hours in accordance with the following procedure: 1. When an employee is expected to be off of work more than 7 calendar days, the Human Resources Department will supply the employee with SDI Claim forms. 2. The employee will need to complete his/her section of the form and have the treating doctor complete the physician section of the forms. It is the employee's responsibility to ` AFSCME 2190 -55- ensure the claim forms are returned to the State in a timely fashion. 3. In order to avoid an undue financial hardship, the City will use available sick hours to pay the employee 100% of his/her normal compensation until the employee sends the City confirmation that SDI benefits are being paid or after being off of work for four weeks, whichever occurs first. Regardless of whether the employee Is in fact collecting state disability after four weeks or not, the City will begin integration. The City will do this by estimating the State Disability Insurance benefit as published by the Employment Development Department (EDD) and reducing this amount from the employee's normal compensation. The balance will be paid using available sick hours. 4. The employee submits his/her first state disability check payable to the City, whereupon the City will restore the sick hours reflected in the state disability pay. To determine the sick hours to be restored, the City will divide the state disability pay by the employee's hourly rate. Integration of sick leave with SDI will bring an employee to his/her full pay and is not intended to give an employee additional compensation. Additionally, integration of SDI benefits and sick leave is not intended to give additional leave time under the terms of any state or federally mandated leave programs. E. PAID FAMILY LEAVE (PFL) California workers who are covered by the State Disability Insurance Program (SDI) are also covered for Paid Family Leave benefits (PFL). No more than six weeks of Paid Family Leave benefits may be paid within any 12 month period. 1. Employee Eligibility/ Reasons for Leave To be eligible for paid family leave benefits, an employee must need leave in order to: • Care for a seriously ill family member — a parent, spouse, child or domestic partner • Bond with the employee's new child, the new child of the employees spouse or domestic partner, or a child in connection with the adoption or foster care placement of the child with the employee or the employee's spouse or domestic partner. AFSCME 2190 -56- 2. Medical Certification A medical certificate is required by EDD when a Paid Family Leave claim is filed to provide care for a seriously ill family member. The certificate must include a diagnosis and International Classification of Diseases code; the commencing date of the disability; the probable duration; the estimated time care is needed; and state that the serious health condition warrants care. This includes "providing psychological comfort" and arranging "third party care." 3. Waiting Period There is a seven day waiting period before benefits become effective. The City Requires the employee to use family sick leave (as appropriate) or vacation or other paid leave during the waiting period. Individuals cannot receive Paid Family Leave benefits while receiving SDI benefits for a personal disability, or workers' compensation benefits. AFSCME 2190 -57- Exhibit D — AGREEMENT TO MEET REGARDING CITY BUDGET 0BIIRUNGAME 'i ,-F4— Uo��y o� c�L�iiz�came CITY HALL • 501 PRIMROSE ROAD HUMAN RESOURCES BURLINGAME, CA 94010 MEMORANDUM DATE: July 24, 2007 TO: AFSCME 829 and 2190 FROM: Deirdre Dolan, Human Resources Director CC: Jesus Nava, Finance Director TEL: 650.558.7206 FAX: 650.342-8386 SUBJECT: AGREEMENT TO MEET REGARDING CITY BUDGET This is to confirm our agreement to schedule a meeting on an annual basis with AFSCME 829 and 2190 representatives, the Finance Director, and the Human Resources Director to review and discuss the City Budget. Such meeting will be scheduled in late February or early March to correlate with the City Council Budget Strategy Setting Session. AFSCME representatives will be provided with the City of Burlingame Budget Calendar, and may contact the HR Director to schedule this meeting. AFSCME 2190 -58- TENTATIVE AGREEMENT Between City of Burlingame And AFSCME Local 829 July 16, 2015 28 Term (UP# 1) Except as specifically provided herein, this Memorandum shall remain in effect for those employees employed in the classifications which comprise the AFSCME bargaining unit for the period from- aRuaa:y 1 ,20 July 1, 2015 to June 30, 20182415. 7.1 Salaries (UP# 21 Effective the first payroll in July 2015a dt�, salaries for the represented classifications shall be increased by 30-4-0%. Effective the first payroll in July 2016 salaries for the represented classifications shall be increased by 2.751-:26%. Effective the first payroll in July 2017 salaries for the represented classifications shall be increased by 2.751.5%. 8.1 Medical Plans Effective January 1, 2015 the City shall contribute the below -listed amount per month toward each employee's Section 125 Plan benefit allowance components. All contributions listed below include the Minimum Employer Contribution (MEC): o Employee Only: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield HMO rate for Employee only • Employee plus one: Up to 92.5'% of the selected medical plan up to a maximum of 92.5% of the Blue Shield HMO rate for Employee plus one o Employee plus two or more: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield family rate An employee may use any benefit allowance stated above toward the cost of employer-provided PERS Health insurance for the employee and eligible dependents. An employee may not use the benefit allowance for other reasons. 8.3 Dental Plan (UP# 6) - Effective January 1, 2016, the maximum reimbursement for an employee will be increase to $1900. There is no change to the dependent maximum. 8.4873 Vision Plan (UP# 7) - Effective January 1, 2016, the maximum reimbursement for an employee for vision eligible expenses will be $600 annually. The maximum cumulative reimbursement for eligible dependents shall not exceed $300 per calendar year rvision eligible expenses. 8.7 Deferred Compensation 8.7.1Participation - Full-time regular employees are eligible, subject to IRS regulations and the terms and conditions thereof, to participate in the deferred compensation plan made available to all City employees. 8.7.2 Deferred Compensation Incentive -The City shall continue to provide a contribution to an employee's deferred compensation account in an amount equal to the employee's contribution, to a maximum of forty-five dollars ($45) per biweekly pay period. This shall not imply any City endorsement or responsibility for the performance of any deferred compensation account or instrument selected by the employee. 8.7.3 Deferred Compensation Incentive July 2016 - Effective the first payroll in July 2016 the City shall provide a contribution to an employee's deferred compensation account equal to the employee's contribution, to a maximum of Sixt fifty-five dollars ($603-5) per biweekly pay period. This shall not imply any City endorsement or responsibility for the performance of any deferred compensation account or instrument selected by the employee. 9.7.4 -Deferred Compensation Incentive July 2017- Effective the first payroll in July 2017 the City shall provide a:contribution to an employee's-defesred.compensation account equal. to . the employee's contribution, to a maximum of srktySeventy-five dollars ($75'65) per biweekly pay period. This shall not imply any City endorsement or responsibility for the j performance of any deferred compensation account or instrument selected by the employee. 12.1.3 Phvsician'sF '9Certificate(UP#10 A physician certificate may be required when >AAKn-abs,^^^- €o• • re than-fear44 ^• kalays,er •••kege• a management personnel hasve a bona fide question about the propriety of a request for sick leave, as outlined in Section 12.1.4 of this sSection„ the employee shall file 12.1.7 Leave for Sick Family Members- Current language is 48 hours which is 50% of the 96 hours of sick an employee accrues annually (explanation only). 13.2 Clothing & Footwear - 13.2.1 Parking Enforcement -Parking Enforcement Officers and the Parking Meter Service Workers shall receive an annual uniform allowance of eight hundred dollars ($800). The annual uniform allowance shall be increased to eight hundred and fifty t • e dollars ($850). 13.2.2 Police Clerks -Police Clerks shall receive an annual uniform allowance of six hundred fifty dollars ($650). The annual uniform allowance shall be increased to seven4x hundred aR4­seyef• iye dollars {-$673}-T4_ Ang' unifaFm -"^ance shall he increased t... .. I. n.J.^.I .J..II..... ($700). �. Exhibit B —P^-� 4af,&MRegular Part-time�4 Benefits & Leaves 2(a) Medical Insurance-ln-sama'�—mat4l-th A ffnFdAbIp HP a IthCares - • r payment . miums as pFavided in SeGtlan 9.1 far any PERS health plans -aP,ny pe;may,e4#regular part-time employee hired after July 1 2016 who is eligible for a medical benefit shall have the City's medical premiums prorated according to each employee's schedule percentage of full-time employment The City's contribution shall be • Employee Only—the selected inedical plan up to a maximum of the Blue Shield HMO rate for Employee only prorated according to the employee's percentage of full time hours. • Employee +One - the selected medical plan up to a maximum of the Blue Shield HMO rate for Employee plus one prorated according to the emplovee's percentage of full time hours. • Employee+Two or more -the selected medical plan up to a maximum of the Blue Shield family rate prorated according to the employee's percentage of full time hours -Section 8.16 medical planyyaiverda not applicable -to re ulwpaart-time lowees FOR THE CITY FOR THE UNION /a City of Burlingame l Tentative Agreement AFSCME Local 829 and Local 2190 September 15, 2015 The effective dates of this proposal are contingent on reaching a tentative agreement and ratification of the tentative agreement by October 83eptemb - 29 2015. 2015. 28 Term (UP# 1) Except as specifically provided herein, this Memorandum shall remain In effect for those employees employed in the classifications which comprise the AFSCME bargaining unit for the period fromjanuary 1, 2032 July 1, 2015 to June 30, 20182015, 7.1 Salaries (UP# 2) Effective the first payroll in July NlSaft-e�, salaries for the represented classifications shall be increased by Effective the first payroll in July 2016 salaries for the represented classifications shall be increased by 3_03.2-5%. Effective the first payroll in July 2017 salaries for the represented classifications shall be increased by3_015%. 8.1 Medical Plans Effective January 1, 2015 the City shall contribute the below -listed amount per month toward each employee's Section 125 Plan benefit allowance components. All contributions listed below include the Minimum Employer Contribution (MEC): Employee Only: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield HMO rate for Employee only Employee plus one: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield HMO rate for Employee plus one o Employee plus two or more: Up to 92.5% of the selected medical plan up to a maximum of 92.5% of the Blue Shield family rate An employee may use any benefit allowance stated above toward the cost of employer-provided PERS Health insurance for the employee and eligible dependents. An employee may not use the benefit allowance for other reasons. 8.3 Dental Plan (UP# 6) - Effective January 1, 2016, the maximum reimbursement for an employee will be increase to $1900. There is no change to the dependent maximum. 8.48-4 Vision Plan (UP# 7)- Effective ]a nuary 1, 2016, the maximum reimbursement for an employee for vision eligible expenses will be $600 annually not including an eve examination. If an eve examination is included in the reimbursement the maximum reimbursement will be increased to $700 The maximum Cumulative reimbursement for eligible dependents shall not exceed $300 per calendar year or $350 per calendar year if an eve examination is included for reimbursement for vision eligible expenses. 12.1.3 Phvsician's PhVsk-kwLs Certificate (UP# 10) A physician certificate may be required when When absence is fGF M0FeA4a44GUr4Q management personnel hasve a bona fide question about the propriety of a request for sick leave, as outlined in Section 12 14 of this sbectionj the employee shall a•( .,d foo the aL.,...nce in cMr • M LI011 pIlanee 12.1.7 Leave for Sick Family Members -Current language is 48 hours which is 50% of the 96 hours of sick an employee accrues annually (explanation only). City is willing to agree to the following • PEOPLE Employees may voluntarily elect to have contributions, ata minimum of two dollars ($2.00) per month, deducted from their pay checks under the procedures prescribed by the City for the Public Employees Organized to Promote Legislative Equality Fund (PEOPLE of AFSCME). Such deductions shall be made only upon signed authorization from the employee and shall continue until such authorization is revoked in writing. City will withdraw its proposals regarding the following a Section 7.4 The City will prepare a draft MOU for review by each party, including the Preamble and Sections 1-5. LOCAL829 8.16 Clothing&Footwear - 13.2.1 Parking Enforcement -Parking Enforcement Officers and the Parking Meter Service Workers shall receive an annual uniform allowance of eight hundred dollars ($800). The annual uniform allowance shall be increased to eight hundred and fifty taventy-five dollars ($850). 13.2.2 Police Clerks -Police Clerks shall receive an annual uniform allowance of six hundred fifty dollars ($650). The annual uniform allowance shall be increased to sevensix hundred arty s � dollars sha"e-inereased to sevO ! .,dred-dellar3 ($700) LOCAL 2190 9.5.2 Response Requirement-Maintaincurrentresponsetime, I 13.3.1 Safety Shoe Reimbursement -Effective 07/01/12 the City shall reimburse each employee required to wear safety shoes, as determined by each department safety committee, up to two hundred fifty dollars ($250) per employee per fiscal year. Effective July 1 2015 the City shall reimburse each employee required to wear safety shoes, as determined by each department safety committee up to three hundred dollars ($300) per fiscal year. The employee in the classification of Meter Reader is allowed reimbursement of up to two hundred fifty dollars ($250) two (2) times in each fiscal year. Effective July 1, 2015, the employee in the classification of Meter Reader is allowed reimbursement of up to three hundred dollars ($300) two (2) times in each fiscal year. 13.5 Certification Pay Employees who earn and maintain a certificate that is approved by the department head or his/ herd uge UGh ^^'" "'^,+'^Hg in thePo,--Fqeof hugiries are eligible for certification/premium pay as follows: Class B Driver's License - $100 per month Water Distribution Operator, Grade 2 $100 per month Water Distribution Operator, Grade 3 $100 per month Water Distribution Operator, Grade 4 $50 per month Mechanic Auto Service Certification $100 per month Water Treatment T1 Certification $100 per month Collection System Grade II $100 per month Collection System Grade III $100 per month HVAC Certification Type 1 & II $100 per month Qualified Applicator Certification $100 per month Line Clearance Certification $100 per month Boiler Operations Certificate $100 per month Building Operations Certificate Level 1 and Level 2 $100 per month Bilingual Service Certification* $100 per month Agricultural Pest Control Advisor Certification 5% premium pay Playground Inspector Certification S% premium pay Backflow Prevention Device Certification 5% premium pay *The City shall provide bilingual certification pay to employees designated as bilingual service providers. The designated employee must pass a fluency certification as a condition of receiving the certification pay. Maximum combined compensation for the above listed certifications/premiums shall not exceed $35000 per month for any individual. The City will draft a letter Indicating that itwill propose to BAMM, during the next MOU negotiations between the City and BAMM, to limit the ability of BAMM employees to be involved in the Week End Duty and On -Call Program. For the City For the Union Date: Date: