Agenda packet — Brisbane City Council, December 15, 2022 (part 1 of 2)

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CITYof BRISBANE
Thursday, December 15, 2022 at 7:30 PM ● Virtual Meeting This meeting is compliant with the Ralph M. Brown act as amended by California Assembly Bill No. 361 effective September 16, 2021 providing for a public health emergency exception to the standard teleconference rules required by the Brown Act. The purpose of this is to provide a safe environment for the public, staff and Councilmembers, while allowing for public participation. The public may address the Council using exclusively remote public comment options. The Council may take action on any item listed in the agenda.

PUBLIC MEETING VIDEOS
Members of the public may view the City Council Meeting by logging into the Zoom Webinar listed below.

City Council Meetings can also be viewed live and/or on-demand via the City’s YouTube Channel, www.youtube.com/brisbaneca, or on Comcast Channel 27. Archived videos can be replayed on the City’s website, http://brisbaneca.org/meetings .

TO ADDRESS THE COUNCIL
The City Council Meeting will be an exclusively virtual meeting. The agenda materials may be viewed online at www.brisbaneca.org at least 24 hours prior to a Special Meeting, and at least 72 hours prior to a Regular Meeting.

Remote Public Comments:

Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Aside from commenting while in the Zoom webinar the following email and text line will be also monitored during the meeting and public comments received will be noted for the record during Oral Communications 1 and 2 or during an Item.

Email: [email protected]
Text: 628-219-2922
Join Zoom Webinar: zoom.us (please use the latest version: zoom.us/download) brisbaneca.org/cc-zoom
Webinar ID: 991 9362 8666
Passcode: 123456
Call In Number: 1 (669) 900 9128

SPECIAL ASSISTANCE
If you need special assistance to participate in this meeting, please contact the City Clerk at (415) 508-2113.

Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

WRITINGS THAT ARE RECEIVED AFTER THE AGENDA HAS BEEN POSTED Any writings that are received after the agenda has been posted but before 2 p.m. of the day of the meeting will be available for public inspection at the front lobby in City Hall and on the internet (www.brisbaneca.org/meetings). Any writings that are received after the agenda has been posted but after 2 p.m. of the day of the meeting will be available on the internet at the start of the meeting (www.brisbaneca.org/meetings), at which time the materials will be distributed to the Council.

City Council Meeting Agenda
1 December 15, 2022 - 2 - 7:30 PM
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE

ROLL CALL

ADOPTION OF AGENDA
ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
A. Approve Minutes of City Council Meeting of October 20, 2022 B. Approve Minutes of City Council Closed Session Meeting of October 20, 2022 C. Approve Minutes of City Council Closed Session Meeting of October 25, 2022 D. Approve Minutes of City Council Closed Session Meeting of October 26, 2022 E. Approve Minutes of City Council Closed Session Meeting of November 3, 2022 F. Approve Minutes of City Council Meeting of November 3, 2022 G. Approve Minutes of City Council Closed Session Special Meeting of November 9, 2022 H. Approve Minutes of City Council Closed Session Meeting of November 17, 2022 I. Approve Minutes of City Council Special Meeting of November 17, 2022 J. Approve Minutes of City Council Meeting of November 17, 2022 K. Approve Minutes of City Council Closed Session Meeting of December 1, 2022 L. Approve Minutes of City Council Special Meeting of December 1, 2022 M. Approve Minutes of City Council Closed Session Special Meeting of December 8, 2022 N. Accept Investment Report as of October 2022
O. Approve Co-sponsorship application for the annual Mothers of Brisbane Shop event on 2/9-2/11/22
P. Adopt Ordinance to Administer and Implement the Business License Tax Imposed on Hotels and Other Places Designed for Occupancy by Transients, Waiving Second Reading (Note: This Ordinance is exempt from review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b)(5) of the CEQA Guidelines) 2 December 15, 2022 - 3 - 7:30 PM
Q. Adopt Resolutions approving the Memoranda of Understanding between the City and the following groups: Mid-management/Professional and the Brisbane Police Officers Association, each for the term of July 1, 2022 to June 30, 2026 R. Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public

NEW BUSINESS
S. Recognize Assistant City Manager Stuart Schillinger for His Over Two Decades of Service to the City of Brisbane
T. Consider adoption of Resolution adopting the County of San Mateo’s Certification of Votes and declaring results to fill 2 four-year term Council Seats at the General Municipal Election held on November 8, 2022
U. Administration of Oath of Office of Newly Elected Councilmembers V. Election of New Mayor and Mayor Pro Tem
W. Administration of Oath of Office of Newly Elected Mayor and Mayor Pro Tem X. Recognize Outgoing Mayor Coleen Mackin for Her Service (A Brief Break Will Be Held After Item W)
Y. Consider Adoption of Resolution authorizing the Mayor to sign the Fourth Amendment to the City Manager’s Employment Agreement increasing the Manager’s salary by 3% in January 2023 and extending the term of the Agreement to December 31, 2023 (If approved by the Council, the City Manager’s salary would be $11,371 bi-weekly) Z. Consider Adoption of Resolution to Amend the Master Pay Schedule AA.Review Projected Water and Sewer Rate Increases and Direct Staff to begin the 218 Process to increase Rates
(The following rate increases are being proposed: Fixed water charge increase from $22.67 to $33.52 for 5/8th inch meter and 9% increase each year until 2026/27. Water rate will increase 9% a year until 2026/27. Wastewater rate increase of approximately 25% rate increase each year until 2026/27)

STAFF REPORTS
3 December 15, 2022 - 4 - 7:30 PM
BB. City Manager’s Report on Upcoming Activities

MAYOR/COUNCIL MATTERS
CC. Countywide Assignments and Subcommittee Reports
DD.City Council Meeting Schedule
EE. Written Communications
ORAL COMMUNICATIONS NO. 2

ADJOURNMENT
4 File Attachments for Item:

A. Approve Minutes of City Council Meeting of October 20, 2022 5 A.

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 1, 2022

VIRTUAL MEETING

CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Mackin called the special meeting to order at 5:03 P.M. and led the Pledge of Allegiance.

ADOPTION OF AGENDA
Councilmember O’Connell made a motion, seconded by Councilmember Cunningham, to adopt the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Abstain: None

Absent: None
ORAL COMMUNICATIONS NO. 1
No member of the public wish to make public comment.

CONSENT CALENDAR
A. Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public 6 A.

City Council Minutes
August 4, 2022

Page 2 ends

Councilmember O’Connell made a motion, seconded by Councilmember Cunningham, to approve Consent Calendar Item A. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None
Abstain: None

Absent: None

MAYOR/COUNCIL MATTERS
B. City Council Meeting Schedule
The last City Council Meeting of the year will be held on December 15, 2022. Councilmembers Cunningham and Lentz may have to attend meetings when they are out of the Country in the Fall.

C. Written Communications
Council received the following written communications between August 5-September 1, 2022:
• Dana Dillworth (8/25/22) 2023 Housing Element for Planning Commission • Jane Stahl of Warm Water Wellness (8/22/22) Resolution - Mickelson Therapy Pool • Michele Salmon (8/11/22) Update on High-Speed Rail Environmental Impact Report ORAL COMMUNICATIONS NO. 2
There were no members of the public wishing to make public comment.

ADJOURNMENT
Mayor Mackin adjourned the meeting at 5:08 P.M.
_________________
Ingrid Padilla, City Clerk
7 A.

File Attachments for Item:

B. Approve Minutes of City Council Closed Session Meeting of October 20, 2022 8 B.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, OCTOBER 20, 2022

VIRTUAL MEETING
6:00 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Designated representative: Clay Holstine, City Manager
Employee organization: All Bargaining Units
E. Employee Performance Evaluation under Government Code, Section 54957 (b)(1) Title: City Manager
Mayor Mackin called the meeting to order at 6:02 P.M. No member of the public wished to make public comment.

Councilmember Cunningham made a motion, seconded by Councilmember Lentz to approve the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
At 7:20 P.M. Mayor Mackin continued the Closed Session Meeting after the regular Council Meeting. The Closed Session Meeting was resumed at 8:45 P.M.

REPORT OUT CLOSED SESSION
Legal Counsel Roush reported that updates were provided to Council, direction was given to staff and no 9 action was taken at Closed Session regarding Items D and E.

City Council Minutes
October 20, 2022

Page 2 ends

ADJOURNMENT
The meeting was adjourned a 9:05 P.M.
__________________________
Ingrid Padilla, City Clerk
10 B.

File Attachments for Item:

C. Approve Minutes of City Council Closed Session Meeting of October 25, 2022 11 C.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION SPECIAL MEETING
TUESDAY, OCTOBER 25, 2022

VIRTUAL MEETING
3:00 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. Employee Performance Evaluation under Government Code, Section 54957 (b)(1) Title: City Manager
Mayor Mackin called the meeting to order at 3:01P.M. No member of the public wished to make public comment.

Councilmember Cunningham made a motion, seconded by Councilmember O’Connell to approve the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
Mayor Mackin adjourned the meeting into Closed Session.

REPORT OUT CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council, direction was given to staff and no action was taken at Closed Session regarding Item D.

ADJOURNMENT
The meeting was adjourned at 3:31 P.M.
__________________________
12 Ingrid Padilla, City Clerk
C.

File Attachments for Item:

D. Approve Minutes of City Council Closed Session Meeting of October 26, 2022 13 D.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION SPECIAL MEETING
WEDNESDAY, OCTOBER 26, 2022

VIRTUAL MEETING
4:30 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. Employee Performance Evaluation under Government Code, Section 54957 (b)(1) Title: City Manager
Mayor Mackin called the meeting to order at 4:30 P.M. No member of the public wished to make public comment.

Councilmember Cunningham made a motion, seconded by Councilmember O’Connell to approve the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
Mayor Mackin adjourned the meeting into Closed Session.

REPORT OUT CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council, direction was given to staff and no action was taken at Closed Session regarding Item D.

ADJOURNMENT
The meeting was adjourned at 4:52 P.M.
__________________________
14 Ingrid Padilla, City Clerk
D.

File Attachments for Item:

E. Approve Minutes of City Council Closed Session Meeting of November 3, 2022 15 E.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, NOVEMBER 3, 2022

VIRTUAL MEETING
7:00 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. Liability Claim: Claimant Klauber, pursuant to Government Code, section 54956.95 E. Liability Claim: Claimant Xie, pursuant to Government Code, section 54956.95 Mayor Mackin called the meeting to order at 7:02 P.M.

No member of the public wished to make public comment.

Councilmember O’Connell made a motion, seconded by Councilmember Lentz to approve the agenda as it stands.

The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, O’Connell and Mayor Mackin Noes: None

Absent: Councilmember Lentz
Abstain: None
Mayor Mackin adjourned the meeting into Closed Session.

REPORT OUT CLOSED SESSION
City Attorney McMorrow reported that Liability Claim Item D and E were denied by Council.

ADJOURNMENT
The meeting was adjourned at 7:18 P.M.
__________________________
Ingrid Padilla, City Clerk
16 E.

File Attachments for Item:

F. Approve Minutes of City Council Meeting of November 3, 2022 17 F.

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING
THURSDAY, NOVEMBER 3, 2022

VIRTUAL MEETING

CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Mackin called the special meeting to order at 7:33 P.M. and led the Pledge of Allegiance.

REPORT OUT CLOSED SESSION
City Attorney McMorrow reported that Liability Claim Item D and E were denied by Council at their Closed Session Meeting on 11/3/22. He also reported that staff was also given direction, and no action was taken, at the Closed Session Meetings of October 20th, October 25th and October 26th, 2022.

ADOPTION OF AGENDA
Councilmember Davis made a motion, seconded by Councilmember Cunningham to approve the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
18 F.

City Council Minutes
November 3, 2022

Page 2 ends

AWARDS AND PRESENTATIONS
A. Native American Heritage Month Proclamation
Mayor Mackin declared November 2022 as Native American Heritage Month. And in tribute to the heritage of the Ohlone, called the greater community to learn to be wise and respectful stewards of this land.

ORAL COMMUNICATIONS NO. 1
No members of the public wished to make public comment.

CONSENT CALENDAR
B. Approve Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public Councilmember O’Connell made a motion, seconded by Councilmember Lentz to approve Consent Calendar Item B. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None

NEW BUSINESS
C. Authorize the City Manager to execute a temporary lease of City-Owned Parking Spaces with Ample Battery (The purpose of this item is to consider a proposal by Ample Battery to temporarily lease a limited number of cityowned parking spaces at Sierra Point and the former Bank of America site to install EV battery changing stations. If approved, per the lease agreement, Ample will pay the City $800/month per station. Assuming they deploy all 5 stations that equates to $4000/month or $96,000 over the 2-year lease term.) Community Development Director Swiecki reported that the purpose of this item is to consider a proposal by Ample Battery to temporarily lease a limited number of city-owned parking spaces at Sierra Point and the former Bank of America site to install EV battery changing stations.

After council questions, Eric Sorenson from Ample Battery presented on the temporary lease proposal.

City Clerk Padilla noted for the record that written correspondence was received from Dana Dillworth regarding New Business Item C.

Michele Salmon shared her concerns about waste, restrooms and hours of operation.

After council discussion, the Council directed staff and the applicant to return to Council and address their concerns on decibel levels, waste, restrooms, hours of operation, one flat fee not based on deployment of stations, and lighting.

STAFF REPORTS
D. City Manager’s Report on Upcoming Activities
City Manager Holstine reported on the latest news and upcoming events in the City. 19 F.

City Council Minutes
November 3, 2022

Page 3 ends

MAYOR/COUNCIL MATTERS
E. Consider Letter of Support for SamTrans Route 141 and 142 Jeffrey Tong, Candidate SB City Council District 1, wrote the Council to consider a letter of support for Sam Trans Route 141 and 142.

F. Countywide Assignments and Subcommittee Reports
Mayor and Council reported on their countywide assignments and subcommittee meetings.

G. City Council Meeting Schedule
The next City Council Meeting is a Closed Session Special Meeting on November 9, 2022.

Also, City Council Meeting, Closed Session, and Special Meetings are scheduled for November 17, 2022.

H. Written Communications
Council received the following written communication between October 21,2022 through November 3, 2022:
• Jeffrey Tong (10/25/22) SamTrans (new) Route 141 & 142 • Rani Fischer, Santa Clara Valley Audubon Society (10/28/22) Dark Sky Symposium, Light at Night: A Glowing Hazard
• Alexis Salandanan, San Mateo County Transit District (11/2/22) SamTrans (new) Route 141 & 142 • Dana Dillworth (11/3/22) Item C Ample Battery
ORAL COMMUNICATIONS NO. 2
No members of the public wished to speak.

ADJOURNMENT
Mayor Mackin adjourned the meeting at 9:52 P.M.
_________________
Ingrid Padilla, City Clerk
20 F.

File Attachments for Item:

G. Approve Minutes of City Council Closed Session Special Meeting of November 9, 2022 21 G.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION SPECIAL MEETING
THURSDAY, NOVEMBER 9, 2022

Number of Cases: One
• City of Brisbane v. CA High-Speed Rail Authority (Superior Court of Sacramento County, Case No. 80004010)
Mayor Mackin called the meeting to order at 6:05 P.M. No member of the public wished to make public comment.

Councilmember O’Connell made a motion, seconded by Councilmember Lentz to approve the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: Councilmember Cunningham
Abstain: None
Mayor Mackin adjourned the meeting into Closed Session.

REPORT OUT CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council, direction was given to staff and no action was taken at Closed Session regarding Item D. 22 G.

City Council Minutes
November 9, 2022

Page 2 ends

ADJOURNMENT
The meeting was adjourned at 7:17 P.M.
__________________________
Ingrid Padilla, City Clerk
23 G.

File Attachments for Item:

H. Approve Minutes of City Council Closed Session Meeting of November 17, 2022 24 H.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, NOVEMBER 17, 2022

VIRTUAL MEETING
6:00 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 Designated representative: Clay Holstine, City Manager
Employee organization: Confidential, General and Mid-Management/Professional Employees E. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION
Government Code, Section 54956.9 (d) (1).

Number of Cases: One
• City of Brisbane v. CA High-Speed Rail Authority (Superior Court of Sacramento County, Case No. 80004010)
Mayor Mackin called the meeting to order at 6:03 P.M.

No member of the public wished to make public comment.

Councilmember O’Connell made a motion, seconded by Councilmember Lentz to approve the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
Mayor Mackin adjourned the meeting into Closed Session. 25 REPORT OUT CLOSED SESSION
H.

City Council Minutes
November 17, 2022

Page 2 ends

City Attorney McMorrow reported that updates were provided to Council, direction was given to staff and no action was taken at Closed Session regarding the Items D and E.

ADJOURNMENT
The meeting was adjourned at 6:40 P.M.
__________________________
Ingrid Padilla, City Clerk
26 H.

File Attachments for Item:

I. Approve Minutes of City Council Special Meeting of November 17, 2022 27 I.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL SPECIAL MEETING
THURSDAY, NOVEMBER 17, 2022

VIRTUAL MEETING
7:00 P.M. CALL TO ORDER
Mayor Mackin called the special meeting to order at 7:01 P.M.

PUBLIC COMMENT
No member of the public wished to make public comment.

WORKSHOP
A. Council will discuss process to select Mayor and Mayor Pro Tem which will happen at their Meeting on Thursday, December 15, 2022.

Council discussed the process to select Mayor and Mayor Pro Tem. Selection of Mayor and Mayor Pro Tem will happen at the City Council Meeting of December15, 2022.

ADJOURNMENT
The meeting was adjourned at 7:28 P.M.
__________________________
Ingrid Padilla, City Clerk
28 I.

File Attachments for Item:

J. Approve Minutes of City Council Meeting of November 17, 2022 29 J.

BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING
THURSDAY, NOVEMBER 17, 2022

VIRTUAL MEETING

CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Mackin called the l meeting to order at 7:37 P.M. and led the Pledge of Allegiance.

ROLL CALL
Councilmembers present: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Councilmembers absent: None
Staff Present: City Manager Holstine, City Clerk Padilla, City Attorney McMorrow, Assistant City Manager Schillinger, Assistant Fire Marshal Wittner, Administrative Senior Analyst Ibarra, Community Development Director Swiecki, Finance Director Yuen, Sustainability Manager Etherton, Associate Planner Robbins, Communications Manager Cheung, Legal Counsel Roush, Deputy Public Works Director Kinser, and Police Commander Garcia

ADOPTION OF AGENDA
Councilmember O’Connell made a motion, seconded by Councilmember Lentz to adopt the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None

AWARDS AND PRESENTATIONS
A. United Against Hate Week Proclamation
30 J.

City Council Minutes
November 17, 2022

Page 2 ends

Mayor Mackin proclaimed November 13-19, 2022 as “United Against Hate Week in Brisbane”, reminding our citizens that an act of hate against one of us affects all of us, and that every action to dispel hatred no matter how small, is a significant step toward building an inclusive and equitable community for all.

Communications Manager Cheung thanked the Council for the Proclamation and accepted the proclamation on behalf of the Inclusion, Diversity, Equity and Accountability Committee.

B. San Mateo County Libraries Annual Report
Mohini Dela Peña, Brisbane Library Interim Branch Manager, presented the San Mateo County Libraries’ Annual Report and provided an update on the activities in the Brisbane Library.

C. California Insurance Department Update
Lisa Strange, the Northern California Outreach Manager from the California Department of Insurance provided an update on the latest news about insurance and wild fires.

ORAL COMMUNICATIONS NO. 1
Michele Salmon congratulated Councilmembers Davis and O’Connell on the election results. She also stated that the mayor position should be selected by the majority of the City Council.

CONSENT CALENDAR
D. Accept Investment Report as of September 2022
E. Approve Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to approve Consent Calendar Items D and E. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None

OLD BUSINESS
F. Consider Approval of Contract Renewal with Granicus (Host Compliance)-Short Term Rental Monitoring and Permitting
(The cost of renewing the service agreement through December 2022 would be $10,682.24for all recommended services, excluding the 24/7 Hotline)
Community Development Director is recommending to renew the contract with Granicus for another 12 months for short term rental monitoring and permitting. After council questions, no public comment and council discussion, Councilmember Cunningham made a motion, seconded by Councilmember Lentz to approve the 31 J.

City Council Minutes
November 17, 2022

Page 3 ends

Contract Renewal with Granicus (Host Compliance)-Short Term Rental Monitoring and Permitting. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None

NEW BUSINESS
G. Consider Adopting an Urgency Ordinance adopting the 2022 California Building Standards Code with local amendments and finding that this Ordinance is categorically exempt from environmental review under CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment
Associate Planner Robbins reported that the purpose of this Urgency Ordinance is to adopt the most recent version of the California Building Standards Codes (Code of Regulations, Title 24 or CBC) and the International Property Maintenance Code, including amendments to the CBC and existing reach codes, e.g., fire protection, on-site energy generation, etc., with the new provisions to be in full force and effect January 1, 2023.

After some council questions, no public comment and council discussion, Councilmember Davis made a motion, seconded by Councilmember Lentz to adopt an Urgency Ordinance adopting the 2022 California Building Standards Code with local amendments and finding that this Ordinance is categorically exempt from environmental review under CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
H. Consider Sending a Letter Recommending a Federal Climate Emergency Declaration Sustainability Manager Etherton reported that the proposed letter was drafted by Open Space and Ecology Committee’s Climate Action Plan Subcommittee, aligns with the City’s adopted Climate Emergency Declaration, and provides example actions the Biden Administration could take.

After some council questions, no public comment and council discussion, Councilmember Davis made a motion, seconded by Councilmember Cunningham to send a Letter Recommending a Federal Climate Emergency Declaration. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
32 J.

City Council Minutes
November 17, 2022

Page 4 ends

STAFF REPORTS
I. City Manager’s Report on Upcoming Activities
City Manager Holstine reported on the latest news and upcoming events in Brisbane.

MAYOR/COUNCIL MATTERS
J. Countywide Assignments and Subcommittee Reports
City Councilmembers report back on their countywide assignments and subcommittee meetings.

K. City Council Meeting Schedule
The next City Council Meeting is scheduled as a special meeting on December 8, 2022 and possibly a continuation on December 9, 2022. Councilmember Davis will be unable to attend the meetings on December 8th and 9th.

L. Written Communications
Written correspondence was received by Council from Susan Candell on November 17, 2022 (Info on How the 6th Cycle RHNA is setting all of our cities up to fail.

ORAL COMMUNICATIONS NO. 2
No member of the public wished to speak.

ADJOURNMENT
Mayor Mackin adjourned the meeting at 8:53 P.M.
_________________
Ingrid Padilla, City Clerk
33 J.

File Attachments for Item:

K. Approve Minutes of City Council Closed Session Meeting of December 1, 2022 34 K.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, DECEMBER 1, 2022

VIRTUAL MEETING
5:00 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 Designated representative: Clay Holstine, City Manager
Employee organization: All Bargaining Units
Mayor Mackin called the meeting to order at 5:03 P.M.

No member of the public wished to make public comment.

Councilmember O’Connell made a motion, seconded by Councilmember Lentz to approve the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Davis, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
Mayor Mackin adjourned the meeting into Closed Session.

REPORT OUT CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council, direction was given to staff and no action was taken at Closed Session regarding the Item D.

ADJOURNMENT
The meeting was adjourned at 5:15 P.M.
__________________________
35 Ingrid Padilla, City Clerk
K.

File Attachments for Item:

L. Approve Minutes of City Council Special Meeting of December 1, 2022 36 L.

BRISBANE CITY COUNCIL

ACTION MINUTES

JOINT BRISBANE CITY COUNCIL, PLANNING COMMISSION, AND

PARKS AND RECREATION COMMITION SPECIAL MEETING
THURSDAY, DECEMBER 1, 2022

VIRTUAL MEETING
6:00 P.M. CALL TO ORDER
Mayor Mackin called the joint meeting to order at 6:03 P.M.

ROLL CALL
City Council Present: Councilmembers Davis, O’Connell and Mayor Mackin Planning Commissioners Present: Commissioners: Commissioners Gooding, Lau and Funke Parks and Recreation Commissioners Present: Commissioners Ocampo, Kern, Sims, Greenlee, Davis and Commerford
Staff Present: City Clerk Padilla, City Engineer Breault, and City Attorney McMorrow

ADOPTION OF AGENDA
Councilmember O’Connell made a motion, seconded by Councilmember Davis to adopt the agenda as it stands. The motion is carried unanimously by all present.

Ayes: Councilmembers Davis, O’Connell and Mayor Mackin
Noes: None

Absent: Councilmembers Cunningham and Lentz
Abstain: None

PRESENTATION
A. AB1234 Training by Gerry Preciado of 34th Street Consulting (On October 7, 2005, the Governor signed Assembly Bill No. 1234. AB 1234 requires that if a local agency provides any type of compensation salary, or stipend to, or reimbursements the expenses of a member of its ‘legislative body’ (as that term is defined in California Government Code Section 54952), that local agency’s officials must receive training in ethics.)
Gerry Preciado of 34th Street Consulting provided AB 1234 training to the City Council Members, Planning Commissioners, Parks and Recreation Commissioners and City Staff. 37 L.

City Council Minutes
December 1, 2022

Page 2 ends

PUBLIC COMMENT
No member of the public wished to make public comment.

ADJOURNMENT
The meeting was adjourned at 8:10 P.M.
__________________________
Ingrid Padilla, City Clerk
38 L.

File Attachments for Item:

M. Approve Minutes of City Council Closed Session Special Meeting of December 8, 2022 39 M.

BRISBANE CITY COUNCIL

ACTION MINUTES

BRISBANE CITY COUNCIL CLOSED SESSION SPECIAL MEETING
THURSDAY, DECEMBER 8, 2022

VIRTUAL MEETING
7:00 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION
Government Code, Section 54956.9 (d) (1).

Number of Cases: One
• City of Brisbane v. CA High-Speed Rail Authority (Superior Court of Sacramento County, Case No. 80004010)
Mayor Mackin called the meeting to order at 7:01 P.M.

No member of the public wished to make public comment.

Councilmember Cunningham made a motion, seconded by Councilmember Lentz to approve the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Cunningham, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: Councilmember Davis
Abstain: None
Mayor Mackin adjourned the meeting into Closed Session.

REPORT OUT CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council, direction was given to staff and no action was taken at Closed Session regarding the Items D. 40 ADJOURNMENT
M.

City Council Minutes
December 8, 2022

Page 2 ends

The meeting was adjourned at 7:29 P.M.
__________________________
Ingrid Padilla, City Clerk
41 M.

File Attachments for Item:

N. Accept Investment Report as of October 2022
42 N.

FACE CARRY MARKET COUPON

INVESTMENT DATE OF VALUE OF VALUE OF VALUE OF INTEREST MATURITY RATING/ NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT RATE % DATE COLLATERAL WELLS FARGO Checking A/C $ 2,542,005 $ 2,542,005 $ 2,542,005 0.000 STATE FUND (LAIF) Deposit on call continuous $ 4,983,204 $ 4,983,204 $ 4,983,204 1.780 on call no rating Other Investments
Comenity Capital Bank 4/28/2019 $ 248,000 $ 248,000 $ 245,337 2.650 04/28/2023 Morgan Stanley 5/2/2019 $ 245,000 $ 245,000 $ 242,228 2.650 05/02/2023 FFCB 3/8/2022 $ 1,000,000 $ 1,000,000 $ 957,850 1.670 03/08/2024 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 963,840 2.400 04/22/2024 Goldman Sachs 5/1/2019 $ 246,000 $ 246,000 $ 237,441 2.750 05/01/2024 FHLB 7/26/2022 $ 1,000,000 $ 1,000,000 $ 973,540 3.350 07/26/2024 Wells Fargo Bank 9/23/2022 $ 250,000 $ 250,000 $ 244,457 3.750 09/23/2024 American Express 9/21/2022 $ 250,000 $ 250,000 $ 244,483 3.750 09/24/2024 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 933,210 1.000 09/30/2024 FHLB 3/24/2022 $ 1,000,000 $ 1,000,000 $ 935,980 2.000 03/24/2025 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 953,610 2.750 04/22/2025 FHLB 7/28/2022 $ 1,000,000 $ 1,000,000 $ 973,150 4.050 07/28/2025 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 905,700 1.300 09/30/2025 FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 998,630 4.750 10/27/2025 FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 997,040 5.000 10/27/2025 FFCB 9/12/2022 $ 1,000,000 $ 1,000,000 $ 981,380 4.125 12/12/2025 FHLB 9/29/2022 $ 1,000,000 $ 1,000,000 $ 998,130 4.150 09/29/2026 FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 917,960 2.600 03/25/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 952,390 3.150 05/26/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 947,930 3.750 05/26/2027 FHLB 9/30/2022 $ 1,000,000 $ 1,000,000 $ 992,500 5.000 09/30/2027 BNY Mellon Treasury Obligations continuous $ 4,831,263 $ 4,831,263 $ 4,831,263 3.000 on call 110% collateral Sub-total $ 22,070,263 $ 22,070,263 $ 21,428,049
U.S. Bank 2014 BGPGA Bond (330) Improvements Fed Treas Obl $ - 10031 Reserve Fund Fed Treas Obl $ 1 10032
Revenue Fund Fed Treas Obl $ - 10034
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ 1 10036
Interest Fund Fed Treas Obl $ 0 10037
U.S. Bank 2015 Utility Capital (545) Improvements Fed Treas Obl $ 0 10031 Reserve Fed Treas Obl $ 157 10032
Expense Fund Fed Treas Obl $ 0 10035
PARS OPEB Trust Trust Cash Investments $ 3,429,923 13050 PARS Retirement Trust Trust Cash Investments $ 1,200,898 13050 Sub-total Cash with Fiscal Agents $ 4,630,979
Total other investments $ 22,070,263 $ 26,701,242 $ 21,428,049 TOTAL INVESTMENTS & CASH BALANCES $ 29,595,472 $ 34,226,451 $ 28,953,257 Outstanding Loans to Department Heads
Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 $ 318,750 Based on Sales Price Clay Holstine (1) 7/8/2008 300,000 $ - Paid off Dec 2016 Clay Holstine (2) 9/10/2008 200,000 $ 200,000 Secured by other funds Randy Breault 10/22/2001 320,000 $ - Paid off July 2022 FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 4.51%
Weighted Interest 2.64%
Weighted maturity 1.89 Years

TREASURER'S CERTIFICATE
These are all the securities in which the city funds, including all trust funds and oversight agencies funds, are invested and that (excluding approved deferred compensation plans) all these investments are in securities as permitted by adopted city policy.

It is also certified that enough liquid resources (including maturities and anticipated revenues) are available to meet the next six months' cash flow.

Carolina Yuen

CITY TREASURER

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS

SOURCE OF FUNDING
October 31, 2022
43 N.

File Attachments for Item:

O. Approve Co-sponsorship application for the annual Mothers of Brisbane Shop event on 2/9- 2/11/22
44 O.

Application for Event Co-Sponsorship – MOB Shop Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: December 15th, 2022
From: Sara Nahass Lopez, Recreation Coordinator
Subject: Application for Event Co-Sponsorship – MOB Shop Community Goal/Result
Community Building - Brisbane will honor the rich diversity of our city (residents, organizations, businesses) through community engagement and participation Purpose
Support local Non-profit organizations.

Recommendation
Approve the Mothers of Brisbane (MOB) Rummage Sale as a co-sponsored event.

Background
The Mothers of Brisbane (MOB) will host their annual Rummage Sale at Mission Blue Center on the weekend of February 9-11, 2023. The MOB is a, 501 (c)(3), non-profit parents’ club and welcoming community of support for parents of young children in Brisbane, and surrounding communities. Established in the summer of 2005, the MOB is a place where families come together to make friends, learn about community resources, hold family events, arrange playgroups and childcare, share information, and support, and generally have a good time together. The MOB currently has over 300 members, and an active Board of Directors.

Started as a clothing "swap", the Clothing Sale serves as the most successful MOB fundraiser, providing members with an opportunity to repurpose gently used children’s items and clothing to other families in need. At its inception in 2000, the event was held at the gazebo in the Community Park. The following year it was moved to the Community Center and has since outgrown the space. The Clothing Sale serves as both a great fundraiser for the Mothers of Brisbane and a service to the community. Offering a tax-deductible way for Brisbane families to donate gently used clothing and baby gear, the event allows other families to purchase those same items for a nominal donation (clothing is usually $1 per item, equipment is priced based on the item and condition). All leftover items are donated to the San Mateo Shelter Network or similar organizations that serve families in our area.

This year, the Mothers of Brisbane is requesting use of Mission Blue for the event which will allow them to spread the sale over two days, conduct additional publicity to engage 45 O.

Application for Event Co-Sponsorship – MOB Shop Page 2 of 2 surrounding communities, and essentially increase fundraising revenues for the club. Funds raised because of the event will support future MOB events and provide additional opportunities for the MOB member community.

Fiscal Impact
The Mothers of Brisbane Rummage Sale event qualifies under the Group II category for recreation facilities indoor use permits. Meeting the Group II requirements of being a resident non-profit with their event open to the public qualifies them for free use of the facility and waives the deposit requirement. The Mothers of Brisbane is requesting the City’s support by allowing use of the Mission Blue Center and waiving the requirement of the club to provide insurance.

Attachments

1. Co-sponsorship Event Application
Sara Nahass Lopez ______________________________
Sara Nahass Lopez, Recreation Coordinator Clay Holstine, City Manager 46 O.
47 O.
48 O.
49 O.

File Attachments for Item:

P. Adopt Ordinance to Administer and Implement the Business License Tax Imposed on Hotels and Other Places Designed for Occupancy by Transients, Waiving Second Reading (Note: This Ordinance is exempt from review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b)(5) of the CEQA Guidelines) 50 P.

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MEMO
Meeting Date: December 15, 2022
From: Ingrid Padilla, City Clerk
Subject: Adoption of Ordinance to Administer and Implement the Business License Tax Imposed on Hotels and Other Places Designed for Occupancy by Transients. This Ordinance is exempt from review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b)(5) of the CEQA Guidelines.

An Ordinance to Administer and Implement the Business License Tax Imposed on Hotels and Other Places Designed for Occupancy by Transients was introduced at the City Council Special Meeting of December 8, 2022. The ordinance is in tonight’s agenda for consideration of adoption, waiving second reading.

Note this Ordinance is exempt from review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b)(5) of the CEQA Guidelines.

Attachment:

Staff Report from the December 8, 2022
51 P.

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CITY COUNCIL AGENDA REPORT
Meeting Date: December 8, 2022
From: Clay Holstine, City Manager & Michael Roush, Legal Counsel
Subject: Introduction of an Ordinance to Administer and Implement the Business License Tax Imposed on Hotels and Other Places Designed for Occupancy by Transients. This Ordinance is exempt from review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b)(5) of the CEQA Guidelines.

Community Goal/Result:

Fiscally Prudent
Recommendation:

Introduce an Ordinance to add numerous sections to the Brisbane Municipal Code (Sections

5.20.036 through 5.20.044) to administer and implement the Business License Tax imposed on hotels and other places designed for occupancy by transients, which tax was approved by Brisbane voters at the November 8, 2022 general municipal election. Because of the numbering system in the Code, the current Section 5.20.040 (concerning the business license tax for street vendors) will need to be deleted and relocated to Section 5.20.235.

Background
In July 2022, City Council adopted Ordinance 674, adding Section 5.20.035 to the Brisbane Municipal Code, to impose a business license tax on hotels and other places designed for occupancy by “transients”—generally guests who pay to rent a room at a hotel or stay at a short term rental. The Ordinance provides that the hotel operator must pay a daily business license tax of $2.50 for every room that is rented. The tax was contingent, however, on Brisbane voters approving it at the November 8, 2022 general municipal election. Voters approved the tax and hotels and similar businesses must begin paying the tax as of January 1, 2023.

That Ordinance, however, did not set forth how the tax would be administered or implemented, to address matters such as reporting and remitting the tax, penalties and interest if the tax is not paid timely, appeals, recording keeping, and similar provisions. Accordingly, staff has drafted the attached Ordinance to provide how the tax will be administered and implemented. These provisions did not need to be approved by the voters; only the tax itself.

Discussion
Separate from this tax, the City also has a Transient Occupancy Tax (TOT) Ordinance that requires hotel operators to collect this tax from paying guests and remit such tax to the City.

Currently, as approved by the voters, this tax is 14% of the rate charged by the hotel for the accommodations.
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The City’s TOT Ordinance sets forth numerous provisions concerning the administration and implementation of that Ordinance and these provisions, to the extent applicable, have been incorporated into the attached Ordinance. Among other matters, they track the requirements of hotel operators under the TOT Ordinance to report and remit the tax, penalties and interest if the remittance is not timely, authorizing the tax administrator (Finance Director) to determine the tax if the operator fails or refuses to pay the tax, operator appeals, refunds, and violations of the Ordinance.

Because of the numbering system in the Municipal Code and the addition of these sections, the current section 5.20.040 which concerns the business license tax for “peddlers, hawkers and street vendors” needs to be deleted and relocated, without substantive change, to a new section 5.20.235.

Assuming City Council introduces this Ordinance at its meeting on December 8 or December 9 if the item is carried over to that date, the second reading of the Ordinance may appear on the Council’s consent calendar on December 15, 2022. It will go into effect 30 days later. Since these matters simply implement and administer the Ordinance that imposed the tax, they do not affect the requirement that hotels must begin paying the tax as of January 1, 2023. (The first remittance—covering January 1, 2023 through March 31, 2023—is not due until April 2023.)
CEQA Determination
Recently, a State appellate court has held that in order to comply with the Brown Act, certain agenda item titles must reflect what environmental review is associated with a proposed Council action and if the proposed action is exempt under CEQA, that exemption identified.

The agenda title for this item reflects that this Ordinance is exempt under CEQA because it is an administrative activity of a government that will have no direct or indirect effect on the environment. CEQA Guidelines, Section 15378 (b)(5).

Fiscal Impact
There is no fiscal impact associated with the introduction or adoption of this Ordinance.

Assuming that hotels are at 70% occupancy, staff estimates the City will receive $250,000 annually from this tax.
_____________________________ _________________________________ Clayton Holstine, City Manager Michael Roush, Legal Counsel Attachment:

Ordinance to Administer and Implement the Business License Tax Imposed on Hotels and Other Places Designed for Occupancy by Tenants
53 P.

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ATTACHMENT 1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF BRISBANE TO DELETE SECTION 5.20.040 AND TO ADD NEW SECTIONS

5.20.036, 5.20.037, 5.20.038, 5.20.039, 5.20.040, 5.20.041, 5.20.042, AND 5.20.043 TO IMPLEMENT

AND ADMINISTER THE BUSINESS LICENSE TAXES FOR HOTELS AND OTHER PLACES DESIGNED FOR OCCUPANCY OF TRANSIENTS AND TO RELOCATE THE CURRENT SECTION 5.20.040 (PEDDLERS, HAWKERS AND STREET VENDORS) TO A NEW SECTION 5.20.235 WITHOUT CHANGE The City Council of the City of Brisbane ordains as follows:

Section 1. Section 5.20.040 (Peddlers, Hawkers, and Street Vendors) is hereby deleted.

Section 2. Sections 5.20.036 through5.20.043, inclusive are hereby added to the Brisbane Municipal Code to read as follows
Section 5.20.036—Definitions
Terms used in Sections 5.20.037 through 5.20.043 shall have the same meanings as the definitions of those terms in Section 3.24.020 of this Code, as said Section may be amended from time to time.

Section 5.20.037 Reporting and Remitting
Each operator shall, on or before the last day of April, July, October and January, make a return to the tax administrator, on forms provided by the tax administrator, of the total rooms rented during the previous three months and the amount of tax calculated for such room rentals. The full amount of the tax calculated shall be remitted to the tax administrator at the time the return is filed. The tax administrator may require additional information in any returned. Such actions may be appealed under Section 5.20.040. Returns and payments are due immediately upon cessation of any business for any reason.

Section 5.20.038 Penalties and Interest
A. Original Delinquency. Any operator who fails to remit any tax imposed by Section 5.20.035 within the time required shall pay a penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax.

B. Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax and the ten (10%) penalty first imposed.

C. Fraud. If the tax administrator determines that the non-payment of any remittance due under Section 5.20.035 is due to fraud, a penalty of twenty five percent (25%) of the amount of the tax shall be added thereto, in addition to the penalties stated in subsections A and B of this section.

D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by Section 5.20.035 shall pay interest a the rate of one percent (1%) per month or fraction 54 P.

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thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid in full.

E. Penalties and Interest Merged With Tax. Every penalty imposed and such interest as accrues under this Section shall become part of the tax required to be paid by Section 5.20.035.

Section 5.20.039 Failure to collect and report tax—determination of tax by tax administrator.

A. Assessment of Estimated Tax. If any operator shall fail or refuse to pay the tax and to make, within the time provided in Section 5.20.036, the tax administrator shall proceed in such manner as the tax administrator may deem best to obtain facts and information upon which to base the tax administrator’s estimate of the tax due. As soon as the tax administrator shall procure such facts and information as the tax administrator is able to obtain upon which to base the assessment of any tax imposed by Section 5.20.035 and payable by any operator who has failed or refused to pay the same and to make such report and remittance, the tax administrator shall proceed to determine and assess against such operator the tax, penalty and interest provided by Section 5.20.038. The tax administrator may include in the assessment costs of any necessary audits or investigations.

B. Notice of Assessment—Determination of Tax. Where a determination and assessment of the tax is made under subsection A of this Section, the tax administrator shall give notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the operator’s last known place of address.

Such operator may, within ten (10) days after the serving or mailing of such notice, make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, penalties, and interest, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the tax administrator shall give no less than five (5) days’ written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in the notice why the amount specified in the notice should not be fixed for such tax, penalties and interest. At such hearing, the operator may appear and offer evidence why such specified tax, penalties and interest should not be so fixed. After such hearing, the tax administrator shall determine the proper tax, penalties and interest to be remitted and shall thereafter give written notice to the operator in the manner prescribed herein of such determination and the amount of such tax, penalties and interest.

The amount determined to be due shall be paid in full within fifteen (15) days unless an appeal is taken as provided in Section 5.20.040.

Section 5.20.040 Appeal
Any operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, penalties and interest, if any, may appeal to the city manager by filing a notice of appeal with the city clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The city manager shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such operator at the operator’s last known place of address. The city manager may designate a neutral hearing officer to hear the appeal and make a recommendation to the city manager as to the appeal. The findings of the city manager shall be final and conclusive and shall be served on the operator/appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon service of the notice. 55 P.

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Section 5.20.041 Records
It shall be the duty of every operator liable for the payment to the city of any tax imposed by Section 5.20.035 to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as the operator may have been liable for the payment to the city, which records the tax administrator shall have the right to inspect at all reasonable times. Such records shall be maintained at the operator’s premises or shall be available for delivery to the tax administrator within two weeks after request. Such records shall be so maintained for at least six months after a change of operator. The records shall include at least the following: Daily summaries of rooms rented.

Section 5.20.042 Refunds
A. Whenever the amount of any tax, penalty or interest has been overpaid or paid more than once, or has been erroneously or illegally paid or received by the city under Section 5.20.035 or

5.20.036, it may be refunded as provided in subsections B and C of this Section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment or the date the tax was due, whichever was earlier.

B. An operator may claim a refund or take a credit against taxed to be remitted in the amount overpaid, paid more than once, or erroneously or illegally paid or received when it is established to the satisfaction of the tax administrator that the tax paid or received was overpaid, paid more than once, or erroneously or illegally paid or received by the city.

C. No refund shall be paid under the provisions of this Section unless the operator establishes the right thereto by written records showing entitlement to such refund.

Section 5.20.043 Collection of tax
A. Actions to Collect. Any tax required to be paid by any operator under Section 5.20.035 shall be deemed a debt owned by the operator to the city. Any operator owing money to the city under Section 5.20.035 shall be liable to an action brought in the name of the city for recovery of such amount.

B. Notice of Intent to Record a Lien—Hearing. If the amount required to be paid to the city under Section 5.20.035 is not paid when due, the tax administrator may within three years after the amount is due, in addition to any other rights or remedies available for collection of such amount, give written notice to the operator and the owner of the property on which the hotel is located, if different, of the city’s intent to record a lien against the property on which the operator’s hotel is located. The notice shall specify a time and place at which a hearing will be conducted by the tax administrator to consider any objections by the operator or property owner to the recording of such lien, which hearing shall not be less than fifteen days from the date of the notice. The date of the hearing may be continued from time to time by the tax administrator. At the conclusion of the hearing, the tax administrator shall render a decision as to whether a lien should be filed with respect to any amount payable to the city under Section

5.20.035 that the tax administrator finds is then delinquent. The decision of the tax administrator may be appealed to the city manage as provided in Section 5.20.040.

C. Recordation and Enforcement of Tax Lien. Upon a final determination of the amount of the delinquency by the tax administrator of the city manager on appeal, as the case may be, the tax administrator may filed for record in the office of the San Mateo County recorder a tax lien specifying the amount of the tax, penalty and interest due, the name and address as it appears 56 P.

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on the records of the operator liable for same and the name of the property owner, and the legal description of the property on which the hotel is located. From the time of the filing for record, the amount required to be paid together with penalties and interest constitutes a lien upon such real property. Such lien shall be valid for a period of ten years and may be enforced by an action to foreclose the lien in a manner prescribed by law.

D. Successor’s Liability—Withholding by Purchaser. If any operator liable for any amount under Section 5.20.035 sells or transfers the hotel or any ownership interest therein, the successor or transferee shall withhold sufficient funds out of the purchase price to cover such amount until the former operator produces a receipt from the tax administrator showing that it has been paid or a certificate stating that no amount is due.

E. Liability of Purchase. If the purchaser of a hotel fails to withhold funds from the purchase price as required, the purchaser shall become liable for the payment of the amount required to be withheld to the extent of the purchase price.

F. Continued Liability of Operator. The sale or transfer of a hotel, dismissal of the operator, or other termination of the rights of an operator to operate the hotel shall not relieve the operator from liability for taxes due or owing under Section 5.20.035.

Section 5.20.044 Violations
Any violations of Sections 5.20.035 through 5.20.043 shall be punishable by fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16, and 1.18 of this code.

Section 3. Section 5.20.235 is added to the Brisbane Municipal Code as follows:

Section 5.20.235 Peddlers, Hawkers, and Street Vendors
A. Every person carrying on the business of a peddler of any goods, wares or merchandise shall pay a license tax of twenty five dollars ($25.00) per day in advance.

B. For purposes of this Section, a “peddler” is defined to be and includes every person not having a regularly established place of business in the city, who travels from place to place, or has a stand upon any public street, alley, or other public place, doorway of any building, unenclosed or vacant lot, or parcel of land, who sells or offers for sale any goods, wares or merchandise in the person’s possession.

Section 4. CEQA Determination
Introduction and adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act because it is not a project as defined under the CEQA Guidelines, Section 15378 (b) (5) [organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

Section 5. Effective Date.

This Ordinance shall become effective thirty days after its adoption.

Mayor
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Attest:

Ingrid Padilla, City Clerk
Approved as to form:

Thomas R. McMorrow, City Attorney
I certify that the foregoing Ordinance No. ___ was adopted by the Brisbane City Council at a regular meeting on December 15, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ingrid Padilla, City Clerk
58 P.

File Attachments for Item:

Q. Adopt Resolutions approving the Memoranda of Understanding between the City and the following groups: Mid-management/Professional and the Brisbane Police Officers Association, each for the term of July 1, 2022 to June 30, 2026
59 Q.
1 2022-2026 MOUs

CITY COUNCIL AGENDA REPORT
Meeting Date: December 15, 2022
From: Abby Partin, Human Resources Administrator
Subject: Resolutions approving the Memoranda of Understanding between the City and the following groups: Mid-management/Professional and the Brisbane Police Officers Association, each for the term of July 1, 2022 to June 30, 2026 Community Goal/Result
Fiscally Prudent
Purpose
To ensure the community continues to receive excellent service by retaining and attracting exceptional employees in a financially prudent manner.

Recommendation
Adopt Resolutions approving the Memoranda of Understanding between the City and the following groups: Mid-management/Professional and the Brisbane Police Officers Association, each for the term of July 1, 2022 to June 30, 2026
Background
The current Memoranda of Understanding (MOU) with the aforementioned bargaining groups expired on June 30, 2022. The labor relations team and bargaining groups’ representatives have met and conferred on terms and conditions over the past months and presented tentative agreements to the City Council.

Discussion
Discussion with all the bargaining groups have resulted in the Memoranda that would have the following:

For all bargaining group employees:

Salary - 3% increase first full pay period in January 2023, 3% increase first full pay period January 2024, 6% increase first full pay period July 2024 but could be higher depending on the outcome of the salary survey, and maximum of 6% increase with a floor of 4% increase first full pay period in July 2025 based on the cumulative percentage change in the Consumers Prince Index between April 2021 and April 2025, i.e., if the percentage change is 18% or more, then the increase will be 6%; if the percentage change is less than 18%, then the increase will be 4% The CPI to be used is CPI-W (Urban Wage Earners and Clerical Workers) for the San Francisco-Oakland-Hayward area. The base period is 1982-1984=100.
60 Q.
2 2022-2026 MOUs
Total Compensation Survey – A total compensation survey, using cities to be mutually agreed upon by the City and the bargaining groups, will be completed after January 2024 to be used to reopen the MOUs concerning compensation for the July 1, 2024 to June 30, 2025 period.

Recession Clause – Retain the existing provision in the preamble of the MOUs to allow the City to reopen MOUs, if necessary due to a recession.

Longevity Incentive - Add to the current longevity sections a 3% incentive for employees who have reached 20 continuous years of service as of and after January 2023.

In addition to the longevity incentive above, POA employees will receive an additional 1% incentive pay added for employees have reached 10 continuous years of service as of and after January 2023 and 1% incentive pay added for employees have reached 15 continuous years of service as of and after January 2023.

Health Insurance – 3% increase in Cafeteria Plan in January 2023, 3% increase in Cafeteria Plan in January 2024, 3% increase in Cafeteria Plan in January 2025, 3% increase in Cafeteria Plan in January 2026. The overall increase in the Cafeteria Plan will be no more than a cumulative 17% over the four-year period. Increases above the guaranteed rates will occur, however, if the Kaiser rate increases above the cumulative guaranteed rate.

Bi-Lingual Pay – Starting the first full pay period in July 2023, $200 per month for members of Mid-Management/Professional Group; and $100 per month for members of the Brisbane Police Officers Association.

To be eligible for bi-lingual pay, employees must pass a state exam showing competency in the second language. Employees are only eligible to receive bi-lingual pay for one language.

Holidays – The City’s holiday schedule will be New Year’s Day, Martin Luther King Day, President’s Day, Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran’s Day’s, Thanksgiving Day, Day after Thanksgiving, Day prior to Christmas, Christmas Day, Day prior to New Year’s Day, plus two floating holidays.

POA employees who are assigned shift work and must work the holidays will continue to receive holiday pay in lieu of holidays. (Holiday pay is 6%.)
Deferred Compensation- Employees will receive an increased City match from 2.5% of salary to 5% of salary.

Vacation Buyback – The City will buyback a certain number of unused vacation leave hours.

Mid-management/Professional employees who have used a minimum of 60 hours during the fiscal year may “sell” up to 80 hours of vacation leave; and members of the POA who are within 15 hours of the maximum allowed vacation hours in their vacation leave bank may sell up to 84 hours of vacation leave by the end of the fiscal year. This provision will end on June 30, 2025, unless prior to June 30, 2025 the City and the bargaining groups agree otherwise. 61 Q.
3 2022-2026 MOUs
State Disability Insurance – The City will work with members of the Midmanagement/Professional Employees group to participate in the State provided SDI program at no cost to the City.

POA Special Assignment Pays:

Field Training Officer - Officers assigned as Field Training Officers shall receive a premium of 5% of base salary per shift when assigned a trainee starting the first full pay period of January 2023.

Motor Officer Assignment Pay - Officers assigned as a Motor Officer shall receive an additional 5% of base salary starting the first full pay period of January 2023 Night Shift Differential – For Officers who are assigned to the night shift (1900 to 0700) during the annual shift sign-up will receive an additional 5% starting in the first full pay period in January of 2023. The 5% will apply only to hours work during the night shift. If an employee is assigned to cover a night shift due to an injury or illness of another employee, the covering employee shall receive the night shift differential unless the shift qualifies for overtime pay, in which case the employee will receive the overtime pay, not the night shift differential pay.

School Resource Officer - Officers assigned as a School Resource Officer shall receive the same benefits as officers assigned to detective duties.

SWAT Assignment Pay - Officers assigned to SWAT shall receive an addition 2% of base salary starting the first full pay period of January 2023.

Release time for POA Board Members – POA Board Members will receive up to five days (12 hours) of release time per year, to attend association meetings and other association business matters.

POA Past Practice Section– Remove the sentence “The City shall be relieved of its obligation to meet and confer with the Association regarding changes in working conditions and practices where otherwise required by law.”
Residency Requirement – Remove from POA MOU.

Fiscal Impact
The costs are included in the adopted budget for FY 2022-23 and will need to be incorporated in ensuing budgets.
62 Q.
4 2022-2026 MOUs
Measure of Success
Approve the Memoranda of Understanding with the bargaining groups which protect the City’s long-term interests.

Attachments

1. Resolutions approving the MOUs with the bargaining groups.

2. Memoranda of Understanding
________________________ ________________________
Abby Partin, HR Administrator Clay Holstine, City Manager 63 Q.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING WAGES, HOURS AND WORKING CONDITIONS FOR THE

MID- MANAGEMENT/PROFESSIONAL GROUP
WHEREAS, the City of Brisbane and the Mid-management/Professional Group, have met and conferred in accordance with the requirements of the Meyers-MiliasBrown Act; and WHEREAS, the City of Brisbane and the Mid-management/Professional Group have reached an agreement regarding wages, hours and working conditions.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The Memorandum of Understanding between the City of Brisbane and the Midmanagement/Professional Group is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein. _________________
Mayor
I hereby certify that the foregoing Resolution No. 2022-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on December 15, 2022, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
64 Q.

DocuSign Envelope ID: E453A647-DEA2^t6C7-9880-A792095B8D80

AGREEMENT BETWEEN THE

CITY OF BRISBANE AND THE

MID-MANAGEMENT/PROFESSIONAL

EMPLOYEES GROUP
JULY 1, 2022 - JUNE 30, 2026
65 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80

TABLE OF CONTENTS

BEREAVEMENT LEAVE

CLASSIFICATION AND PAY PLAN

DEFERRED COMPENSATION-EMPLOYER CONTRTOUTION

DEMOTION

DISCIPLINARY PROCEDURE

EMERGENCY WAIVER PROVISIONS

GRIEVANCE PROCEDURE

HOLTOAYS

INSURANCE

JURYDIHY

LAYOFF PROCEDURE
LEAVES OF ABSENCE WITHOUT PAY: AFFECT ON SENIORITY
LONGEVTTY RECOGNrTION INCENTIVE

MANAGEMENT RIGHTS AND IMPACT OF MGMT RIGHTS

MANDATORY ADMINISTRATIVE LEAVE

MATERNTTY LEAVE

MEDICAL LEAVE

MILITARY LEAVE

NON-DISCRIMINATION

OTHER LEAVES WITHOUT PAY

OUTSIDE EMPLOYMENT

OVERTIME

PAST PRACTICE

PERSONAL LEAVE

PREAMBLE

PROBATIONARY PERIOD AND PERFOIIMANCE RATDSTG

PROHIBITED ACTIVTTIES

PROMOTIONS
PUBLIC EMPLOYEES' RETffiEMENT SYSTEM

RECOGNTTION I

SEVERABILTTY PROVISION -

SICK LEAVE

SUPPLEMENTAL STIPEND

TERM OF AGREEMENT

TRANSFER

TUFTION REIMBURSEMENT

USE OF CITY FACILITIES

VACATION

WAIVER PROVISION OF BARGAINING DURING TERM

WELLNESS BENEFFT
ARTICLE 15
ARTICLE 5
ARTICLE 11
ARTICLE 26
ARTICLE 31
ARTICLE 37
ARTICLE 32
ARTICLE 13
ARTICLE 9
ARTICLE 18
ARTICLE 25
ARTICLE 23
ARTICLE 21
ARTICLE 4
ARTICLE 30
ARTICLE 19
ARTICLE 20
ARTICLE 17
ARTICLE 3
ARTICLE 22
ARTICLE 33
ARTICLE 8
ARTICLE 39
ARTICLE 16
ARTICLE 1
ARTICLE 29
ARTICLE 35
ARTICLE 28
ARTICLE 7
ARTICLE 2
ARTICLE 38
ARTICLE 14
ARTICLE 10
ARTICLE 40
ARTICLE 27
ARTICLE 6
ARTICLE 34
ARTICLE 12
ARTICLE 36
ARTICLE 24
66 Q.

DocuSign Envelope ID: E453A647-DEA2^t6C7-9880-A792095B8D80

MEMORANDUM OP UNDERSTANDING BETWEEN

THE CFTY OF BRISBANE AND

THE MID-MANAGEMENT/PROFESSIONAL

EMPLOYEES GROUP
ARTICLE 1. PREAMBLE
Pursuant to Government Code 3500, as amended, et seq., this Agreement has been entered into by the City of Brisbane and the Mid-Managemenb^Professional Employees Group. The piu-pose of this Agreement is the promotion of harmonious relatioiis, peacefal resolution of differences, and the establishment of rates of compensation, hours of work, and other matters relating to employment conditions to be observed by the parties.

The tenns of the memorandum of Understanding shall be subject to review and meet and confer by the parties if the State of California or the Federal government through executive or legislative action substantially affects the ability ofAe City to provide fimding for City Council adopted services. This review and meet and confer may also be exercised in the event there is a recession (as declared by the National Bureau of Economic Research and defined as two coiisecutive quarters of negative growth in the United States Gross Domestic Product (GDP)).

ARTICLE 2. RECOGNFTION
The City hereby recognizes the Mid-Management/Professional Employees Group as the sole and exclusive representative for die bargaining unit consisting of the following classifications:

Associate Civil Engineer
Communications Manager
Deputy Director of Public Works
Deputy Finance Director
Geographic Information Systems Manager
Financial Services Manager
Harbonnaster
Information Technology & Systeins
Administrator
Principal Planner
Program Manager (SMCWPPP)
Public Works Superintendent
Public Works Supervisor
Public Works Team Leader
Recreation Manager
Recreation Supervisor
Regional Compliance Program Manager
(Maintenance Program Manager)
Senior Civil Engineer
Senior Management Analyst
Senior Planner
SustainabUity Manager
ARTICLE 3. NON-DISCRIMINATION
A. The parries mutually recognize and agree to protect the rights of all employees hereby to jom aad/or participate in protected Group activities or to refrain from joining or participatmg in protected activities in accordance with the Employer-Employee Relations Resolution Sections 3500 et seq.

For Mid-Mgmt/Professionals Group; ^£' For the City:
67 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 B. The City and Group agree that they shall not discranmate against any employee because of race, color, sex, sexual ori'entation, marital status, age, physical handicap, national origin, political or religious opinions or affiliations. The City and the Group shall reopai any provisions of this Agreement for the purpose of complying with any order of a federal or state agency or court of competent jurisdiction requiring modification or change in any provision or provisions of this Agreement m compliance with state or federal anti-discriminafion laws.

C. Whenever a gender pronoun is used in the Agreement, it shall be understood to include all genders.

ARTICLE 4. MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS A. The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressed abridged by specific provision of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement. The sole and exclusive nghts of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1) To manage fhe City generally and to determine the issues of policy; 2) To determine the existence or non-existence of facts which are the basis of the management decision;
3) To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;
4) To determine the nature, manner, means, technology, and extent of services to be provided to the public;
5) Methods of financing; .
6) Types of equipment or technology to be used;
7) To'detennineand/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted;
8) To deteimine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions but not limited to, fhe right to contract for or subcontract any work or operation of the City;
9) To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments; 10) To relieve employees from duty for lack of work or similar non-disciplinary reasons, 11) To establish and modify productivity and perfonnance programs and standards; 12) To discharge, suspend, demote or ofherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations; 13) To determine job classifications and to reclassify employees; 14) To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Agreement and City's Rules and Regulations;
15) To detennine policies, procedures and standards for selection, traming and promotion of employees;
16) To'estabUsh employee performance standards mcludmg, but not limited to, quality and quality standards; and to require compliance therewith;
17) To maintain order and efficiency in its facilities and operations; For Mid-Mgmt/Professionals Group: ^.: For the City:
68 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 18) To ^tablish and promulgate and/or modify rules and regulations to mamtam order and safety in the City which are not in contravention with this Agreement; 19) To take any and all necessary action to carry out the mission of the City m emergencies.

B. Impact of Management Rights
Where required by law, and within the scope of representation, the City agrees prior to implemmtation to meet and confer with the Group over the impact offlie exercise of management's rights upon the wages, hours, and terms and coadidons of employment on unit members unless the impact consequences of the exercise of a management right upon unit members is provided for in this Agreement
ARTICLE 5. CLASSIFICATIONS AND PAY PLANS
A. Salaries
Wages for covered employees are set forth in the agreed-upon schedule, which is hereby incorporated as though set forth in full.

Each employee shall be compensated on a bi-weekly basis. Payment will normally be made on Friday immediately following (he conclusion of a City payroll period. A City payroll period begins on the Monday which is the first day of the City pay period and ends on the Simday which is the last day offhe City pay period and coiisists of fourteen (14) calendar days.

The following changes m the wages will be made during the tam offhe agreement:

1. 2.

3. 4.

Effective the first full pay period in January 2023, a Cost of Living Adjustment increase of 3%.

Efifective the first full pay period in January 2024, a Cost of Living Adiusfment mcrease of 3%. ~ - ' .

Effective the first fuU pay period in July 2024, a minimum Cost of Living Adiustment mcrease of 6%.

Effective the first full pay period in July 2025, a Cost of Living Adjustanent increase of 6% unless the cumulative inflation over the course of fhe tenn of the contract is less than 18%. If the cumulative inflation is less than 18%, the Cost of Living Adjustment will be reduced 1% for each percmt reduction in inflatioii, to no lower than 4%. The measurement period will be April 2021 to April 2025. The CPI to be used is CPI-W (Urban Wage Earners and Clerical Workers) for the San Francisco-OakIand-Hayward area. The base period is 1982-1984=100.

B. Additional Compensation

1. Administt-ative Leave - Ou or about the second pay period of August each year, the department head, with approval from tfae City Manage- may grant up to 10 days Administrative Leave annually to Mid-Management/Professional Employees in recognition of solid and consistent performauce and significant contnbution'oftime and effort over the past year. The eaiployee can elect to receive such time in the form of pay in lieu of leave time. Such election shall be For Mid-Mgmt/Professionals Group:

DS :

Mt For Ae City:
69 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 made before December 31 of the year prior to when the leave is granted. When the employee elects to receive this leave in tihe fonn of time off, said leave shall be taken wifhin one year fi-om the date it is granted, and may not be carried over beyond that point. For employees who are hired after fhe second pay period of August and do not serve a full year in their management position before the second pay period of the following August, their Administrative Leave Incentive leave shall be prorated.

2. Acting Pay - Employees of this unit are eligible to be assigned to perform the duties of a higher classification. Assignment to fhis higher classification is at the discretion of the department head and shall be for a tenn of at least one-week. The assignment is considered to be temporary in nature and in no event shall exceed 180 days, subject to the restrictions of Government Code section 20480. An employee assigned to perform the duties of a higher classification shall be entitled to receive 10.0% above his/her current base salary for tfae first thirty (30) days of such assignment and 15. 0% above his/her current base salary for the duration of the assignment.

3. Assignment Pay Program
a) Employees in the Mid-Management^Professional Employees Group bargaining unit may apply for and participate in the City Manager's Assignment Program, in which appointed employees are assigned to perform various and specific work duties that are not withm the scope of their regular work duties. The appUcation process for such m assi^unent (referred to hereafter as an "Additional Assignment") shall be in accordance with the Personnel Rules & Regulations sections 7. 01 - 7. 04. The scope and length of an Additional Assignment is at the sole discretion of the City Manager. The current scope of duties of the regular position of an employee appointed to an Additional Assignment shall be adjusted to accommodate the time needed to perfomi the new assignment. Such adjustment shall be approved and agreed upon by the City Manager, the Departmait Head and the employee. b) Prior to the employee agreeing to Ae assignment, an employee so assigned shall be advised of the monetary compensation from $250 to $750 per month and/or non-monetaiy compensation above and in addition to his/her current base salary for the full period of assignment. The appropriate amount ofaddidonal pay and scope and length of the assignment will be set prior to commencement of Ae assignment. There shall be no reduction in the amount of addidonal pay during the term of this agreement. c) Additional Assignments shall be no more than 5 - 6 hours per week on average, but m some weeks may be more and in others less. Should an assignment change in scope of duties and/or lengfh, oftime during the agreed period, the employee may negotiate new compensation terms.
d) The pay and scope of duties of an Additional Assigmnent shall not be incorporated in the salary or job description of fhe regular position of the employee appointed to the assigmnent, and an employee's participation in the Assignment Program shall not limit his/her future promotion eligibility. The probationary period and performance rating provisions of Article 27 of the Mid-Management/Professional Employees Qrovp MOU shall apply to Additional Assignments. Application of Article 27's probationary period and performance rating pro-nsions to an Additional Assigmnent shall not affect application of those provisions to an employee's regular work assignment.
e) Withdrawal from an Additional Assignment may be agreed upon by both die City Manager and the employee by written notification at least 2 weeks prior to the withdrawal date, For Mid-Mgmt/Professionals Group: Mt 4
For the City:
70 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 f)
provided that, if completion of a time-sensitive project to which an employee committed requires more than 2 weeks from the time of notification of withdrawal, the employee will complete the project prior to withdrawal from Ae additional Assignment. Withdrawal from an Additional Assignment shall not negatively aflfect an employee's regular position or eligibility for other assignments or promotiom.

Any adjustment made to the scope of duties of the regular position of an employee appointed to an Additional Assignment shall end upon the employee's completion of or withdrawal from the Additional Assignment, so that the full scope of dudes of the regular position prior to the Additional Assignment is restored.
4 Bi-Lingual Pay - Employees in this unit are eligible to receive $200 per month beginnii^ July 2023. This incentive will be paid on a bi-weekly basis. Employees are only eligible to receive Bi-Lingual pay for one language and must pass B state exam showing competency in the second language m order to be eligible
C. Compensation Study
A total compensation survey will be completed after January 2024. The results of the survey will be used to reopen the contract for total compensation discussion. The parties will convene to review the components of said market study. The City will meet and confer with the bargaming unit regarding tfie results of the market study and upon fhe request of the youp, will meet and confer regarding total compensation based on those results, including but not limited to exploration of the feasibility of a median implenientation strategy. If the total compensadon survey is not completed on by March 2024, this bargaining unit shall receive a 2% increase in addition to the Cost of Living increase scheduled for July 2024 of 6%.

ARTICLE 6. TUITION REIMBURSEMENT
An enq»loyee who takes ajob-related coiirse at an accredited instiftition shall be eligible for reimbursement for the cost of registration fees, tuition, and course materials upon completion of the course. The employee shall achieve a grade of."C" or better, or "Pass" if the course was a pass/fail course. All courses shall be pre-approved by the dq>artmenl head.

Iffhe course(s) being takem is part of a planned college degree program at a properly accredited insdtution of learning, the tuition reimbursement provided shall be limited to the amount which the California State University system charges under its fee schedule for regist-ation fees, tuition, and course materials. Partial assistance will be considered for accelerated and other special programs on a case-by-case basis. The employee shall achieve a grade of "C" or better, or "Pass" if the course(s) was a pass/faU course. All courses shall be pre-approved by the department head.

Employees receiving reimbursement as a part of a planned degree program shall be required to coniplete a service obligation with the City of Brisbane after completion of the program as follows:

1. One (1) year service after the end of&e last semester for part-time students (sue. or less units per semester or eight or less quarter units per quarter).

For Mid-Mgmt/Professionals Group:

DS
^
For the City:
71 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80

2. Two (2) years of service after the end of Ae last semester for full-time students (over six units per semester or over eight quarter units per quarter).

3. The employee agrees to reimburse the City of Brisbane if he/she fails to obtain pre-approval fix>m the department head, he/she does not meet tiie grade requirements, or he/she does not fiit&ll the service requirement.

ARTICLE 7. PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Employees hired by the City and who have entered CalPERS meaibership on or prior to July 1, 2008 will receive the Local Miscellaneous 2.7% @ 55 CalPERS retirement plan. The employee conta-ibution for those participating in the Local Miscellaneous 2. 7%@ 55 retirement plan will be 8.0%.

Employees hired by the City and who have entered CalPERS membership from July 1, 2008 to December 31, 2012 will receive the Local Miscellaneous 2%@ 60 CalPERS retirement plan. The employee contribution for those participating in the Local Miscellaneous 2%@ 60 retirement plan will be 7. 0%.

New bargaining unit employees hired on or after January 1, 2013 who are determined by CalPERS to be "classic" or "legacy" members ofCalPERS will receive the Local Miscellaneous 2%@ 60 retirement plan. The einployee conta-ibution for those participating in the Local Miscellaneous 2%@ 60 retirement plan wUl be 7.0%.

For new bargaining unit employees hired on or after January 1 , 2013 who are determined by CalPERS to be "new" members ofCalPERS will receive ttie Local Miscellaneous 2% @ 62 retirement program.

The employee contribution for fliose participating in the Local Miscellaneous 2%@ 62 plan shall pay 50% of the normal cost. In this and aU other relevant respects, the City wUl comply with Government Code sections 7522 et seq. (PEPRA) includmg but not linaited to the employee cost-share, the cap on pension benefits, and the three-year average for calculating final compensation.

ARTICLES. OVERTIME
As defmed by the Fair Labor Standards Act, employees of this unit are considered exempt and as such are exempted from the Act's overtime requirements.

ARTICLE 9. INSURANCE
The City shaU provide insurance benefits as agreed upon below. If the City desires to change insurance providers during the tenn of this agreement, the City and Mid-Management/Professionals Employee Group will negotiate the results of the change with the understanding tfaat a simUar benefit will be provided through the length of the agreement tenn.

A. CalPERS Employer Health Contribution
The City shall contribute fhe minimum health premium contribution for participating active and redred employees under the Public Employees' Medical and Hospital Care Act (PEMHCA), currently at $ 149 for 2022 and $151 for 2023. This will cease should fhe City no longer provide health benefits through PEMHCA in the future.

For Mid-Mgmt/Professionals Group:

Ds, ^
For the City
72 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 B. Flerible Compensation Plan
The City shall continue to ofifer a bona fide Flexible Compensation Plan and to make monthly contributions for allocation to health insurance and health and depeiideat care reimbursement accounts.

It is understood that the City may establish such regulations as may become necessary to ensure that the cafeteria plan remains a bona fide plan for flie piupose of taxation and FLSA compliance, subject to meet and confer to tfae extend required by state law.

The City's contribution to the Flexible Compensation Plan (cafeteria plan) shall increase as follows:

1. Effective December 2022, the City's contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts:

No Plan: $700.29
Single Party: $835.29 + FEMHCA
Two Party: $1831. 81 +PEMHCA
FamUy; $2429.77 + PEMHCA .

2. Efifective December 2023, the City's contribution toward the Flexible Compensadon Plan will increase by 3% to the following amounts
No Plan: $721.30
Single Party: $860.35 + PEMHCA
Two Party: $1886. 76 + PEMHCA
Family: $2502.66 + PEMHCA

3. Effective December 2024, the City's contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts:

No Plan: $742, 94
Single Party: $886. 16 + PEMHCA
Two Party: $1943. 37 + PEMHCA
Family: $2577.74 + PEMHCA

4. Effective December 2025, the City's contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts:

No Plan: $765. 23
Single Party: $912. 74 + PEMHCA
Two Party: $2,001.67 + PEMHCA
Family: $2,655.07 + PEMHCA
The overall increase in the cafeteria plan will be no more than a cumulative 17% over the four-year period. Increases above the guaranteed rates will occur iflfae Kaiser rate increases above the cumulative guaranteed rate.

For Mid-MgmfcTrofessionals Group: !Mt For the City:
73 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 Calendar Year
2022
2023
2024
2025
C. Dental Benefits
3%
3%
3%
3%
Guaranteed Increase Amount Available based on Cumulative Kaiser Increase above Cumulative Guaranteed Increase
5%
5% unless a ortionusedin reviousvear
5% unless a ortion used in previous ear
During the term of this agreement, the City shall contribute the sum of $145 per month per employee toward a dental plan.

Maximum Covera»e:

The current maximum reimbursement amount per employee shall be $2,000 per plan year. The reimbursement per dependent shall be $1, 100 per plan year. The amount of the unused employee balance that can be applied to fhe outstanding dependent balance shall be $530 per fiscal year.

D. Life and Long Term Disability Insurance
The City shall maintain in effect for the term of this resolution its existing life and long-term disability msurance plans.

E. Vision Care Insurance
The City shaU maintain in effect for the tern of this agreement the existmg level of coverage. The City shall contribute 100% Of fhe family rate for such vision care coverage.

F. Employee Assistance Program
The City shaU maintain in effect for the term of this agreement its occupational health services in order to provide an Employee Assistance Program.

ARTICLE 10. SUPPLEMENTAL STIPEND
The City wUl provide for an amount equal to Kaiser Health Insurance for employee, employee plus 1, or employee plus 2 depending on fhe level of insurance the employee has in retirement. The amount will chmge to the Medicare Supplemental rate as designated by CALPERS once the employee or dependent is eligible for Medicare. If one covered family member is not in Medicare while another is, the employee wUl receive the appropriate amount'for the combmed plan The benefit will continue only throu^i the Ufe of the employee, not survivors. This is a non-vested benefit., IfAe emPloyee changes health care carriers, the benefit wUl cease; provided, however, that in the case ofPEMHCA health care plans, an employee may change carriers as l(M»g as it the healtii care plan remams wifhin the PEMHCA umbrella. All of the following conditions shall be met for the employee to be eligible to receive this benefit:
1) The employee has 15 years or more service with the City of Brisbane. 2) The employee retires from service with the City of Brisbane. 3) The effective date of the retirement is within one-hundred twenty (120) days of separation from the City of Brisbane.

DS
For Mid-Mgint/Professionals Group: For the City:
74 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 4) Employees hired aflter July 1, 2008 are not eUgible for the supplemental stipend benefit. Such employees wiU be eligible to receive a benefit as noted in Article 11 below.

ARTICLE 11. DEFERRED COMPENSATION-EMPLOYER CONTRIBUTION For employees hired on or after July 1, 2008, the City wiU contribute one point five percent (1. 5%) of the employee's base monthly salary toward one of the City's 457 deferred compensation plans and the above Article 10. Supplemental Stipend will not apply. In flie event the employee makes a voluntary contribution of up to five (5. 0%) percent of the employee's base monthly salary toward the 457 deferred compensation plan the City will match such contribution at the rate of dollar ($1.00) per dollar ($1. 00) up to a maximum of five percent (5. 0%).

Employees hired on or before July 1, 2008 shall have the option of contributing to their 457 deferred compensation plan without forfeiting any rights to the retiree medical supplemental stipend.

For individual employees hired on or before July 1, 2008 that are eligible for the supplemental stipend who voluntarily elect to irrevocably opt out of the supplemental stipend benefit, the City will contribute three percent (3.0%) of the employee's base monthly salary toward their 457 deferred compensation plan and the above supplemental stipend will not apply. In the event the employee makes a contribution up to five percent (5. 0%) of the employee's base monthly salary towards their 457 plan, the City wiU match such contribution at the rate of dollar ($1. 00) per dollar ($1.00) up to two percent (2, 0%). TTie City's total contribution toward any employee will not exceed five percent (5. 0%) annually. This benefit will tenmnate upon separation J&om service witfa fhe City. Furthermore, it is agreed that an employee who once waives his/her participation in the supplemental stipend program, it shall be irrevocable. Total contribution to 457 deferred compensation plans will be limited to annual maximum contributions dictated by RS code.

ARTICLE 12. VACATION
1) All full-time personnel shall be entitled to annual vacation leave as provided below:

Years of Continuous
Service
First 4 ears
After 4 ears
After 9 ears
Annual Accrual
Amount
80 hours
120 hours
160 hours
Maximum Accrual
Amount
160 hours
240 hours
320 hours
2) Vacation credits shaU be accrued pro rata on each pay period. Employees shall not be eligible to use vacadon during the first six (6) months of employment, but shall receive credits for that period when six (6) months of service have been attamed.
3) Subject to approval by the appointing authority, fhe department and employee shall schedule the times at which vacation leave is to be taken with due consideration being given to tfae desires of the employee and fhe operational needs of the department. Use of vacation leave in less than one-day increments shall be discouraged.

For Mid-Mgmt/Professionals Group:

DS
^t For the City:
75 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 4) Based on the operational need or employee preference, vacation leave earned in a given year may be deferred to the following year. However, fhe total amount of vacation accrued shall not exceed the maximum accrual listed above, except as noted below.
5) Vacation leave accrued may exceed the listed maximum hours only with approval of the Appointing Authority. Documentation of aU vacation defennents approved by the Appointing Authority shall be provided to Human Resources in such fomi as specified.
6) It is flie employee's responsibility to keep track of his/her accrued hours and make timely requests to take earned vacation leave. The granting of vacation leave requests is at the discretion of the department head or designee, based on stafBng and operational needs of the department. Failure to plan for and timely scheduling of vacation leave shall result in no fiu-ther vacation hours being accmed when the maximum number ofaccmed vacation hours is reached. However, no employee shall lose the accrual of vacation hours when timely vacation requests are made. A timely vacation request shall be one that is submitted at least ten (10) days prior to the requested leave date(s). 7) Where an ilbess or injury necessitates care and treatment by a physician during an employee's vacation leave, the days shall not be cheu-ged against the employee's vacation accrual. Upon presentation of appropriated documentation from the physician such leave will be changed to tiie employee's sick leave.
8) Vacation Buyback Provision - Employees who have used a minimum of 60 hours during Ae fiscal year can sell up to 80 hours of vacation time back to the City ifl June of that fiscal year. This provision will terminate on June 30, 2025 unless agreed to continue by both parties prior to June 30, 2025.

ARTICLE 13. HOLIDAYS
A. The City shall observe the following holidays:

January 1 (New Year's Day)
The third Monday m January (Martin Luther King, Jr. Day) The third Monday in February (President's Day)
March 31 (Cesar Chavez Day)
The last Monday in May (Memorial Day)
June 19 (Juneteenth)
July 4 (Independence Day)
The first Monday in Sq)tember (Labor Day)
November 11 Q^eteran's Day)
Fourth Thursday m November (Thanksgiving Day)
Day After Thanksgiving
December 2,4 (Christinas Eve)
December 25 (Christmas Day)
December 31 (New Year's Eve)
For Mid-Mgmt/Professionals Group:

DS
^
10 For the City
76 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 B. Floating Holidays
Employees will receive 16 hours of floating holiday for personal use. Paid holiday time (floating holidays) is acciunulated annually aud may not be carried over into subsequent calendar years.

C. Floatmg Holiday for Marina Employees
The Cily shall observe the following holidays for employees who are assigned to the Marina Department as follows:

January 1
Thanksgiving
December 24
December 25
December 31
Marina employees will take not take holidays that occur on days on which they are regularly scheduled to work. Such holidays will be made available to the employee as floating holidays. In addition to the existing 16 hours of floating holidays for non-probationary employees, employees assigned to Marina duties shall be given up to an additional nine (9) paid holidays (floating holidays) in lieu of the nine (9) unobserved holidays. These additional floating holidays will be awarded after the holiday and shall be taken before the end of the calendar year. This additional paid floating holiday time may not be accumidated or earned over into subsequent calendar years.

Floating holidays awarded in lieu of December holidays will be awarded m January of the following calendar year.

D. Observance of Holidays
A City holiday shall also be observed on any day proclaimed by fhe President, Governor or Mayor of the City as a public holiday.

Where any of the aforementioned holidays falls on a Sunday, tfae following Monday shall be observed as the holiday. Where the holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. Where Christinas Eve or New Year's Eve falls on a Saturday or Sunday, the preceding Friday shall be observed as the holiday.

When a City holiday falls on an employee's regularly scheduled day off which is other than Saturday or Sunday, another day off" shall be granted.

The City shaU observe the following holidays for the classification of Recreation Supervisor:

For any holiday which is observed by both fhe City and the Brisbane School District, fhe employees assigned to Recreation dudes shall observe the holiday on the same day as the school distaicf, rather than on the day observed by other City employees. The total number of holiday hours remains unchanged.

For Mid-Mgmt/Professionals Grpup: ^£ " For the City:
77 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 E. Probationary ennployees are not eligible for paid holiday time (floating holidays) during fhe first six months of employment. During fhe remamder of the 1 2-month probationary period, probationary employees are eligible for paid holiday time (floating holidays) on a pro rata basis on the number of month remaining in the 12-month probationary period.

ARTICLE 14. SICK LEAVE
Employees covered by the agreement shall be provided paid sick leave as set forth below. These benefits shall not be considered as a right which, an employee may use as his discretion, but shall be allowed only where justified by necessity and actual personal sickness or disability.

The accrual and usage of sick leave shall be governed by the following provisions:

A. Sick leave shall be earned at the rate of eight (8) hours for each calendar month of service.

B. Sick leave a-edits earned may be accumulated without limit. Enyloyees separating fi-om the City service shall not be entided to any payment of unused,. accrued leave.

C. Employees shall not accrue sick leave during their &st three (3) months of employment under original appoinbnents, but shaU receive credits for that period when Aree (3) months of sendee have been attained.

D. In order to be entifled to sick leave, an employee who, because ofilhess or injury, is unable to report for work shall so notify his immediate supervisor wifhin one hour from the commencement of the shift. A department head may require an earlier notification where it is warranted due to operadonal needs.

Failure to provide such notification without good reason may result in that day of absence being treated as a leave of absence without pay. The detennination m this regard shall be made by fhe department head, subject to final approval by the appointing authority. Wbiere the period of absence due to illness or injury is not known at the outset, it shall be the responsibility of the employee to remain in contact with his immediate supervisor, on a daily basis if deemed necessary by the supervisor.

Where the absence is, or is expected to be, for more than two work days, tfae employee may be required to file a physician's certificate or a personal af&davit with die Personnel OfiScer, stating the cause of absence. At its discretioti, the City rAay establish olfaer mefhods of verification as it deems appropriate. These means shall require the prior approval of the qipointmg authority and may include, but not be limited to, home visitation and exammation by a physician selected by fhe City, The payment of sick leave may be suspended by the appointing authority where he/she has reasonable grounds to believe that absences on a given day or days are fhe result of a concerted action offhe part of two or more employees which is related to a labor dispute with the City dtrectly or one in which the City is involved as a third party.

For Mid-M:gmt/Professionals Group:

DS
^L. 12
For the City:
78 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 E. Where an ilhess or injury is job-related and covered by State Workers' Compensation, accmed sick leave and vacation credits shall be applied to make up the difference between State benefits aad full, base salary. However, sick leave shall not be paid for any absence of a law enforcement employee resulting from iUness or mjury arising out of the course of employment by the City.

F. An employee may use one-half of his/her annual accmal of sick leave to attend to the diagnosis, care, or treatonent of an existing health condition or preventative care for a child, spouse, registered domestic partner, parent (mcluding biological, adoptive, foster parent, stq)parent or legal guardian of an employee or tfie employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), grandparent, grandchild, or sibling. The Personnel OfBcer may approve use of leave for this purpose for other than fhe family members defined above.

G. The City will work wiA the Bargaining Group to participate in the State provided SDI program at no cost to the City.

H. Accmed sick leave may, with department head approval, be used for medical and dental appointments of the employee where it is imfeasdble to schedule them on Ae employee's own time.

I. No accmed leave may be used for an injury or ilbiess arising fi-om outside employment.

ARTICLE 15. BEREAVEMENT LEAVE
Up to five working days per occurrence may be granted by the department head to enq>loyees where there has been a deafh in the employee's immediate family. "Immediate family" shall be defined as the employee's spouse, domestic partner, children, parents, brothers, sisters, grandparents, grandchildren, and in-laws. The Personnel Officer may approve use of leave for this purpose for other than the family members defined above. Extensions to such leaves due to unusual circumstances may be Eqpproved by the City Manager or designee.

ARTICLE 16. PERSONAL LEAVE
Employees may use up to one (1) day per year of sick leave for the purpose of conducting personal busmess which cannot be accommodated on the employee's own time. Use of this leave must be approved in advance by the department head and shall be deducted from the employee's sick leave balance.

ARTICLE 17. MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of the State Military and Veterans code. An employee requesting leave for this purpose shall provide the department head with a copy of the mUitary orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department head may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave.

For Mid-Mgmt/Professionals Group:

DS
^
13 For the City:
79 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 ARTICLE 18. JURY DmY
An employee who is called to serve as a juror shall be enrided to leave during Ae period of such service or while necessarily being present in court as the result of such a summons. Under these circumstmces, the employee shallbe paid his full salaiy for this period, provided the employee reinits jury fees received to the City. Such fees shall not include mileage reimbursements or subsistence payments. In order to receive regular wages, the employee must provide the City with a copy offhe summons and any documentation related to attendance.

An employee who is subpoenaed to appear m court in an ofGcial capacity shall be allowed to do so without loss of compensation. An employee subpoenaed to appear in court in a matter unrelated to his/her ofiGcial capacity as a City employee shall be permitted time off without pay. If the employee elects, accmed vacation or administrative time off may be used for fhis purpose.

ARTICLE 19. MATERNITY LEAVE
Maternity leaves of absence shall be granted in accordance with applicable provisions of Federal and State law. See Personnel Rules and Regulations.

ARTICLE 20. MEDICAL LEAVE
The appomting authority may place an employee on a medical leave of absence without pay where, in the appointing aulhority's judgment, that employee is incapacitated to perfonn the regular fimctions of his position. This type of leave may be used pending the employee's anticipated recovery or pending the outcome of a medical evaluation of the employee's physical or mental health as it relates to the performance of his/her work. Before an employee is placed on such leave status, the employee shall be pemiitted to utilize all accrued sick leave and vacation credits.

Under normal circumstances, no leave directed or granted under this rule shall exceed 90 days at which time the appointing authority may, under extraordinary circumstances, extend the leave for a definite period. Otherwise, the leave shall be terminated.

ARTICLE 21. LONGEVHY RECOGNmON INCENTIVE
In recognition of twelve (12) consecutive years pf service wifh the City of Brisbane, the City grants to such a qualified einployee each year forty hours of time off with pay. Such time off is to be taken wifhm a year of the date fhe leave is awarded, provided; that the employee schedules appropriate release time with the employee's supervisor and provided further that such time not taken may not be carried over nor paid out in cash.

In recognition of twenty (20) consecutive years of service with the City, the City grants to such qualified employee a 3.0% (three percent) incentive effective the first full payroll period after January 1, 2023.

The incentive increase shall be given to any employee who has twenty (20) years of consecutive service as of January 1, 2023.

For Mid-Mgmt/Professionals Group: ^14 For fhe City:
80 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 ARTICLE 22. OTHER LEAVES WITHOUT PAY
The appointing authority may grant an employee a leave of absence without pay for a defiaite period not to exceed three months. Department heads may grant such leaves not to exceed five working days.

The request for leave, and the reasons therefore, shaU be submitted in writing by the employee and must be approved in advance by the appoint authority or the department head, as appropriate.

On expiration of the approved leave, the employee shall be reinstated to his former position or to a comparable one if the former position is abolished during the period of leave and the employee otherwise would not have been laid off. Based upon. imforeseeable changes in operating requirements, the appointing authority may recall the employee firom leave prior to its expiration.

Failure on the part of an employee to return to work on the date originally scheduled or subsequently modified shall be considered as a resignation.

ARTICLE 23. LEAVES OF ABSENCE WITHOUT PAY: EFFECT ON SENIOKTTy AND

BENEFITS
Except as provided under State law for employees on military leave of absence, employees on leaves of absaice without pay shall not, after the first 30 days of such leave, accrue service or leave credits, nor shall the City be required to maintain contributions toward group insurance coverage. During the period of such leaves, all service and leave credits shall be retained at Ae levels existing as of the effective date of the leave.

ARTICLE 24. WELLNESS BENEFIT
The City provides up to $300 per fiscal year for a wellness benefit.

ARTICLE 25. LAYOFF PROCEDURE
City Personnel Rules and Regulations.

ARTICLE 26. DEMOTION
A. Based upon an eniployee's request or upon an employee's demonstrated inability to perform fhe tasks of the position, the appointing authority niay demote an employee to a position in a classification which carries a lower maximum rate of pay and which the employee is qualified to perform. Under these circumstances, the employee's new rate of pay shall be that step on Ae new salary range which most closely corresponds to the employee's former salary step.

B. Where such action is based upon an employee's inability to perform the work of the current position, the employee may appeal the action of the appointing authority pursuant to Rule 15 of the City Rules and Regulations.

C. Advance written notice of demotion, together with fhe effective date, shaU be provided to the employee and the employee's department head.

For Mid-Mgmt/Professionals Group: ^.5 For the City:
81 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 ARTICLE 27. TRANSFER
A. An employee may be to-ansferred by the appointing authority fi?om one position to another position in the same classification or in a comparable classification carrying the same maximum salary rate and which the employee is qualified to perfomi. Where a fa^nsfer would mvolve two (2) departments or two (2) divisions of the same department, the transfer shall be subject to the approval of both managers unless it is being made for fhe purpose of economy or efficiency.

B. Advance written notice of this action, together with its effective date, shall be provided to the employee and ffae affected maiiagers.

ARTICLE 28. PROMOTIONS
Candidates who successfiilly complete aU componeDts of the examination shall be placed on the appropriate emiployment list. Preparation and maintenmce of employment lists is the responsibility of the Personnel Officer.

All open competitive and promotional lists shall remain in effect for one year unless exhausted or abolished within that period as provided. The Personnel Officer may extend such list for up to six months. The effective date of a Ust shall be that date on which it is approved for posting by fhe Personnel Officer.

ARTICLE 29. PROBATIONARY PERIOD AND PERFORMANCE RATWGS
The probadonary period shall be regarded as part of the testing process and shall be utilized for closely observing tfae employee's work, for securing the most effective adjustment of the employee to the new position, and for rejecting any probationary employee whose perfonnance does not meet the required standards of work.

All original appointees shall serve a probationary period of twelve (12) monfhs. Promotional appointees shall sCTve a probationary period of not less than six (6) moths, nor more than twelve (12) months.

Where the probationer loses time torn the job, whether paid or unpaid, in sufficient amounts as to detract fi-om the stated objective of Rule 11. 10 in the City Rules and Regulations, the appointing authority may extend the period of probation beyond the limits contained in the preceding para^aph.

This extension may not exceed Ac aggregate amount of lost time which caused the extension. The probationer shall be so advised prior to the efifective date of the extension.

It shall be the duty of each department head and immediate supervisor to investigate carefuUy Ae probationer's adjustment and perfonnance to determine whether or not the probationer is qualified for pemianent status. The department head shall submit to the Personnel Officer an evaluation of the probationer's performance at times specified by the Officer, but no less than twice during the employee's probationary period.

The final probationary report on each probationer shall include, and earlier reports may include, the dq)artment head's recommendation regarding retention.

For Mid-Mgmt/Professionals Group:
°s.
.^£ 16
For the City82
Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 During the probationaiy period, an appointee may be rejected at any time by the appointing authority without cause and without right to appeal. Notice of rejection shall be served in writing on the probationer.

An employee rejected during the probationary period from a position in the Classified Service to which he/she has been promoted shall be reinstated to a position in the class from which he was promoted unless the rejection results in dismissal from the City service. Where rejection results in dismissal, the employee shall have the right to appeal such action in accordance with Rule 14 of the City Rules and Regulations and shall be furnished advance notice pursuant to Rule 13.02 of the City Rules and Regiilations.

Perfonnance reports shall be completed at least annually for all personnel having permanent status.

Such reports may be required more frequently by the Personnel Officer.

ARTICLE 30. MANDATORY ADMINISTRATFVE LEAVE
The appointing authority may place an employee on administrative leave where, in his/her judgment, such action would be in the best interests of the City service. This leave may be with or without pay. Its applicadon may include, but not be limited to, situations where disciplinaiy matters are pending.

ARTICLE 31. DISCIPLINARY PROCEDURE
The appointing authority may take disciplinary action against an employee for misconduct mcludmg, but not limited to: chronic absenteeism; incompetence; insubordination; failure to follow work rules; misstatement of fact on an application or other personnel document; falsification of records; unfitoess for duty; and absence without authorized leave.

The disciplinary action(s) taken may include suspension, pay reduction, demotion, discharge, or any combination ofAese or other appropriate penalties.

All disciplinary action taken against an employee must receive Ae prior approval of the appointing authority except under emergency circumstances which dictate immediate suspension of the employee by the department head or supervisor, hi such cases, the einployee's department head shall immediately report tfae action taken to the appoiuting authority who shall review the case and make a determination concerning the appropriateness of the suspension and of further disciplinary action.

All actions resulting in salary reductions or demotions shall be subject to review by the appointing authority and the department head involved wifhin thirty (30) days following the effective date of the initial action and at regular iatervals thereafter.

Employees shall have the right to appeal disciplinary actions pursuant to the applicable provisions of Article 32 set forth below (see Step 4).

For Mid-MgniVProfessionals Group: ^£ 17
For the City:
83 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 ARTICLE 32. GRIEVANCE PROCEDURE
A grievance is defined as any dispute involving the mterpretation, application, or alleged violations of:
1) A current Memorandum of Understanding between the City and a recognized employee organization.
2) The City's Personnel Ordinance and City's Rules where the provision m dispute is within the scope of representation.

Should any dispute concern an agreement, rule, or action which prescribes a separate appeal procedure, that dispute shall be excluded from the procedure.

STEP 1 A mid-management or confidential employee who has a grievance shall bring it to the attention of his/her munediate supervisor within five (5) working days of the occurrence of the act which is the basis for the dispute. Where the grievance concerns a matter of proper compensation or a matter which could not reasonably be discovered by the employee within twenty (20) working days of the occurrence. If the employee and the immediate supervisor are unable to resolve the grievance within five (5) working days of the date it is raised with the immediate supervisor, the employee shall have the right to submit a fonnal grievance which shall contain the information set forth below.

1. Thenameofthegrievant.

2. The grievant's dq)artment and specific work site.

3. The name of the grievant's immediate supervisor.

4. A statement of the nature offhe gnevance including date and place of occurrence.

5. The, specific provision, policy, or procedure alleged to have been violated.

6. The remedy sought by the grievant.

7. The name of the individual or organization, if any, designated by the grievant to rq>resent him in fhe processing of the grievance. However, in no event shall an employee organization ofher than the one which fonnally represents the position occupied by the gnevant be designated as the grievant's rqjreseatative.

Formal grievances shall be processed beginnii^ with Step 2 of this procedure.

STEP 2 An employee dissatisfied with the decision of the immediate supervisor in Step 1 may submit the grievance to his department head wifhin seven (7) working days from the date of the immediate supervisor's decision. The department head shall respond to the grievance m writing within seven (7) working days from flie date of its receipt.

STEP 3 If die employee is dissatisfied with the decision of fhe department head in Step 2, he/she may submit the grievance to the appointing authority within ten (10) working days fium receipt of the department head's response. The appointing authority, or his designated representative, shaU respond to fhe grievance in writing within ten (10) working days of its receipt. Withm this period the appointing authority, at his/her discretion, may conduct an informal hearing involving fhe parties to the dispute.

For Mid-MgmbTrofessionals Group: ^£ 18
For the City
84 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 STEP 4 For any disciplinary suspensions, disciplinary demotions or disciplinary terminations aad for no other action(s), an employee who is dissatisfied with fhe decision ofAe appointing aufhority in Step 3 may submit the grievance to arbitration wifhin ten (10) working days from receipt of the appointing authority's decision.

The City and Association shall meet proinptly to select a mutually accq»table arbitrator. The fees and expenses of the arbitrator and a court reporter shall be the responsibility of the City, except in cases where allegations are of criminal misconduct, dereliction of duty, abandomnent of position, gross negligence or moral turpitude. Each party, however, shall bear fhe cost of its own representation, including preparation and post-hearing briefs, if any.

Decision of arbitrators on matters properly set before them shall be final and binding on the parties hereto.

ARTICLE 33. OUTSIDE EMPLOYMENT
Employees shall not cany on, concurrently with their public employment, any other employment, business or undertaking which confilicts or interferes with fheir City employmeat.

Outside employment shall not be undertaken by full time anployees unless the department head and the appointing authority first approve the employment and determine that it will not adversely affect the employee's quality of work or availability for City service.

Under no circumstances shall an employee be authorized to perfonn any function related to outside employment or activities during working hours.

ARTICLE 34. USE OF CYTY FACILITIES
Upon reasonable advance notice, the City Manager or designee may authorized the use of appropriate City facilities by recognized employee organizations for meetings involvmg City employees they represent. Such meetings shall not conflict with the conduct of normal City business nor be held during on-duty time of the City personnel concerned.

Exceptions to fhe aforementioned on-duty policy may be granted by the City Manager or designee where it is clearly necessary for a represented employee to confer with his employee representative on a matter concerning employee relations and the City. The time devoted to such meeting shall be kept to a minimum, and the employee representative shall notify the responsible supCTvisor or manager when arriving at and leaving fhe work site.

Except as provided above, employee representatives shall not have access to City premises for the conduct of union or association business.

Upon request, the City Manager or designee shall also provide a reasonable amount of space at appropriate City facilities for posting of material by recognized employee organizations. This material shall be subject to review by the City Manager or designee prior to posting. Space allotted for this For Mid-MginVProfessionals Group:

DS
^^£ 19
For the City
85 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 purpose shall be withdrawn should any posted material contain mflammatory or other objectionable content.

ARTICLE 35. PROHIBITED ACTIVITIES
No employee organization shall encourage participation in, nor shall any employee participate in any strike, picketing, slow down, sick-out, or any other fonn of concerted activity against the City during the term of this agreement; nor shall any employee recognize any picket line in the course of his duty, nor in any way be involved in the reduction or denial of City service to any premises because of a labor dispute (Any employee who violates any portion of this section is subject to disciplinary action.) ARTICLE 36. WAIVER PROVISION OF BARGAINING DURING TERM OF AGREEMENT Except as specifically provided for m this Agreement or by mutual agreement in writing during the tenn of this Agreement, the Group and the City hereby agree not to seek to negotiate or bargain with respect to any matters pertaining to rates, wages, hours, and terms and conditions of employment covered by this Agreement or in negotiations leading thereto, and irrespective of whether or not matters are discussed or were even within the contemplation of any parties hereto during negotiations leading to this Agreement, and any rights in that respect are hereby expressly waived during the tenn of this Agreement.

During the term offhis Agreement, the Group may, upon action by its Executive Board, request in writing to reopen and meet and confer regarding working conditions. This re-opener shall not apply to salary, msurance, or any ofher monetary item(s), nor shall it apply to specific individual problems, which shall be handled under the grievance procedure.

ARTICLE 37. EMERGENCY WAIVER PROVISIONS
In the event of circumstances beyond fhe control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, the provisions of this Agreement which restrict fhe City's ability to respond to these emergencies shall be suspended for the dmation of such emergency. After the emergency is over, the Group shall have the right to meet with the City regarding fhetr impact on employees of the suspension of these provisions in the Agreenient.

ARTICLE 38. SEVERABILHY PROVISION
Should any article, section, subsection, subdivision, sentence, clause, phrase, or provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of the Agreement shall remain in full force and efifect for the duration of this Agreenient.

ARTICLE 39. PAST PRACTICE
Continuance of working conditions and practices not specifically authorized by ordinance or resolution of the City Council is not guaranteed by this Agreement. The City shall not be relieved of its obligation to meet and confer with the Group regarding changes in workmg conditions and practices where otherwise requu'ed by law.

For Mid-Mgmt/Piofessionals Group:

DS
^£ 20
For the City:
86 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80 The City's Personnel Rules and Regulations shall remain in full force and effect unless contraindicated by a specific provision of the Agreement.

It is understood and agreed by the parties tfaat this Agreement supersedes all previous agreements between fhe parties, and that upon approval by the Brisbane City Council it shall be binding and enforceable to the full extent permitted by law.

ARTICLE 40. TERM OF THE MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shaU commence on July 1, 2022, and temunate after June 30, 2026.

For Mid-Mgmt/Professionals Group:

DS ^L21 For the City
87 Q.

DocuSign Envelope ID: E453A647-DEA2-46C7-9880-A792095B8D80

RATIFICATION AND EXECUTION
The City and fhe Mid-Management/Professional Employees Group have reached an understanding as to certain recommendations to be made to the City Council for the City of Brisbane and have agreed that fhe parties hereto will jointly urge the Council to adopt a resolution which will provide for the changes contained in said joint recommendation. The City and the Mid-ManagementiTrofessional Employees Group acknowledge that tiiis agreement shall not be in full force and effect until adopted by the City Council of the City of Brisbane. If the foregoing is in accordance with your understanding, please so indicate by signing below.

MID-MANAGEMENT/PROFESSIONAL

EMPLOYEES GROUP

CITY OF BRISBANE
Dated /
DocuSigned by:

By 'U^-'^K)
A ' eeB6i®t0fi
B
Cla- on Hoi si
City Manager
By
Stuart Schillinge
Assistant City Manager
By
Je aga
By
AbbyP "
-Human Resources Admmisfa-ator
For Mid-Mgmt/Professionals Group:

DS
^£ For the City:
88 Q.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase Mid-Management/Professional
Job Title Step A Step B Step C Step D Step E
Associate Civil Engineer Monthly 9,354.78 9,820.67 10,311.93 10,828.57 11,370.57 Bi-weekly 4,317.59 4,532.62 4,759.35 4,997.80 5,247.96
Hourly 53.97 56.66 59.49 62.47 65.60
C/CAG Stormwater Program Director Monthly 12,357.46 12,975.63 13,624.70 14,306.61 15,021.36 Bi-weekly 5,703.44 5,988.75 6,288.32 6,603.05 6,932.94
Hourly 71.29 74.86 78.60 82.54 86.66
Communications Manager Monthly 9,131.05 9,610.79 10,115.89 10,648.67 11,209.12 Bi-weekly 4,214.33 4,435.75 4,668.87 4,914.77 5,173.44
Hourly 52.68 55.45 58.36 61.43 64.67
Deputy Director of Public Works Monthly 13,806.14 14,495.75 15,222.27 15,983.38 16,781.40 Bi-weekly 6,372.06 6,690.35 7,025.66 7,376.94 7,745.26
Hourly 79.65 83.63 87.82 92.21 96.82
Deputy Finance Director Monthly 12,357.46 12,975.63 13,624.70 14,306.61 15,021.36 Bi-weekly 5,703.44 5,988.75 6,288.32 6,603.05 6,932.94
Hourly 71.29 74.86 78.60 82.54 86.66
Financial Services Manager Monthly 10,674.04 11,206.82 11,767.27 12,357.71 12,975.83 Bi-weekly 4,926.48 5,172.38 5,431.05 5,703.56 5,988.84
Hourly 61.58 64.65 67.89 71.29 74.86
Geographic Information Systems Monthly 9,131.05 9,610.79 10,115.89 10,648.67 11,209.12 Manager Bi-weekly 4,214.33 4,435.75 4,668.87 4,914.77 5,173.44 Hourly 52.68 55.45 58.36 61.43 64.67
Harbormaster Monthly 8,607.50 9,036.49 9,488.55 9,963.67 10,461.85 Bi-weekly 3,972.69 4,170.69 4,379.33 4,598.61 4,828.55
Hourly 49.66 52.13 54.74 57.48 60.36
Information Technology & Monthly 9,410.13 9,880.64 10,374.21 10,893.15 11,439.76 Systems Administrator Bi-weekly 4,343.14 4,560.29 4,788.09 5,027.61 5,279.89 Hourly 54.29 57.00 59.85 62.85 66.00
Principal Planner Monthly 11,631.20 12,212.41 12,823.61 13,464.79 14,138.26 Bi-weekly 5,368.24 5,636.50 5,918.59 6,214.52 6,525.35
Hourly 67.10 70.46 73.98 77.68 81.57
Program Manager - San Mateo Monthly 11,504.34 12,080.94 12,685.22 13,319.48 13,986.03 Countywide Water Pollution Bi-weekly 5,309.70 5,575.82 5,854.72 6,147.45 6,455.09 Prevention Program Hourly 66.37 69.70 73.18 76.84 80.69 89 Q.

Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase Mid-Management/Professional
Job Title Step A Step B Step C Step D Step E
Public Works Superintendent Monthly 11,448.99 12,020.98 12,622.95 13,254.90 13,916.84 Bi-Weekly 5,284.15 5,548.14 5,825.98 6,117.65 6,423.16
Hourly 66.05 69.35 72.82 76.47 80.29
Public Works Supervisor Monthly 8,750.50 9,188.71 9,647.69 10,129.73 10,637.14 Bi-Weekly 4,038.69 4,240.94 4,452.78 4,675.26 4,909.45
Hourly 50.48 53.01 55.66 58.44 61.37
Public Works Team Leader Monthly 7,938.64 8,356.10 8,796.63 9,260.21 9,746.86 Bi-Weekly 3,663.99 3,856.66 4,059.98 4,273.94 4,498.55
Hourly 45.80 48.21 50.75 53.42 56.23
Recreation Manager Monthly 10,768.60 11,305.99 11,871.06 12,466.11 13,088.84 Bi-weekly 4,970.12 5,218.15 5,478.95 5,753.59 6,041.00
Hourly 62.13 65.23 68.49 71.92 75.51
Recreation Supervisor Monthly 7,954.79 8,356.10 8,771.25 9,209.47 9,670.75 Bi-weekly 3,671.44 3,856.66 4,048.27 4,250.53 4,463.42
Hourly 45.89 48.21 50.60 53.13 55.79
Regional Compliance Program Manager Monthly 9,131.05 9,610.79 10,115.89 10,648.67 11,209.12 (Maintenance Program Manager) Bi-weekly 4,214.33 4,435.75 4,668.87 4,914.77 5,173.44 Hourly 52.68 55.45 58.36 61.43 64.67
Senior Civil Engineer Monthly 11,504.34 12,080.94 12,685.22 13,319.48 13,986.03 Bi-weekly 5,309.70 5,575.82 5,854.72 6,147.45 6,455.09
Hourly 66.37 69.70 73.18 76.84 80.69
Senior Management Analyst Monthly 8,549.84 8,976.53 9,426.27 9,896.78 10,390.35 Bi-weekly 3,946.08 4,143.01 4,350.59 4,567.74 4,795.55
Hourly 49.33 51.79 54.38 57.10 59.94
Senior Planner Monthly 9,836.81 10,328.08 10,844.71 11,389.02 11,956.40 Bi-weekly 4,540.07 4,766.81 5,005.25 5,256.47 5,518.34
Hourly 56.75 59.59 62.57 65.71 68.98
Sustainability Manager Monthly 9131.054 9610.786 10115.89 10648.67 11209.12 Bi-weekly 4214.333 4435.747 4668.872 4914.77 5173.442
Hourly 52.68 55.45 58.36 61.43 64.67
90 Q.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING WAGES, HOURS AND WORKING CONDITIONS FOR THE

BRISBANE POLICE OFFICERS ASSOCIATION
WHEREAS, the City of Brisbane and the Brisbane Police Officers Association, have met and conferred in accordance with the requirements of the Meyers-MiliasBrown Act; and WHEREAS, the City of Brisbane and the Brisbane Police Officers Association have reached an agreement regarding wages, hours and working conditions.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The Memorandum of Understanding between the City of Brisbane and the Brisbane Police Officers Association is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.
_________________
Mayor
I hereby certify that the foregoing Resolution No. 2020-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on December 15, 2022, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
91 Q.

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF BRISBANE

AND THE

BRISBANE POLICE OFFICERS ASSOCIATION
JULY 1, 2022 – JUNE 30, 2026
92 Q.
2 ARTICLE 1. PREAMBLE..................................................................................................... 4 ARTICLE 2. RECOGNITION ............................................................................................... 4 ARTICLE 3. NON-DISCRIMINATION................................................................................ 5 ARTICLE 4. MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS..... 5 ARTICLE 5. CLASSIFICATION AND PAY RATES ........................................................... 6 ARTICLE 6. OVERTIME...................................................................................................... 7 ARTICLE 7. CALLBACK PAY ............................................................................................ 8 ARTICLE 8. SPECIAL ASSIGNMENT PAYS ..................................................................... 8 ARTICLE 9. WORK WEEK.................................................................................................. 9 ARTICLE 10. SHIFT DIFFERENTIAL............................................................................... 10 ARTICLE 11. NIGHT SHIFT DIFFERENTIAL 10
ARTICLE 12. LONGEVITY INCENTIVE 10
ARTICLE 13. VACATION ................................................................................................. 10 ARTICLE 14. SICK LEAVE ............................................................................................... 12 ARTICLE 15. INSURANCE ............................................................................................... 14 ARTICLE 16. SUPPLEMENTAL STIPEND....................................................................... 16 ARTICLE 17. DEFERRED COMPENSATION PLAN........................................................ 17 ARTICLE 18. EDUCATION INCENTIVE.......................................................................... 18 ARTICLE 19. UNIFORM SUPPLY AND MAINTENANCE.............................................. 18 ARTICLE 20. COMPENSATORY TIME OFF.................................................................... 19 ARTICLE 21. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM...................................... 19 ARTICLE 22. TUITION REIMBURSEMENT.................................................................... 20 ARTICLE 23. HOLIDAYS.................................................................................................. 20 ARTICLE 24. ATTENDANCE............................................................................................ 21 ARTICLE 25. PARENTAL LEAVE.................................................................................... 21 ARTICLE 26. MEDICAL LEAVE ...................................................................................... 22 ARTICLE 27. MANDATORY ADMINISTRATIVE LEAVE............................................. 22 ARTICLE 28. OTHERS LEAVES WITHOUT PAY ........................................................... 22 ARTICLE 29. LEAVES OF ABSENCE WITHOUT PAY: AFFECT ON
SENIORITY/BENEFITS ..................................................................................................... 23 ARTICLE 30. BEREAVEMENT LEAVE ........................................................................... 23 ARTICLE 31. JURY DUTY ................................................................................................ 23 ARTICLE 32. LAYOFF PROCEDURE............................................................................... 23 ARTICLE 33. DEMOTIONS............................................................................................... 24 ARTICLE 34. TRANSFER.................................................................................................. 25 ARTICLE 35. PROMOTIONS ............................................................................................ 25 ARTICLE 36. PROBATIONARY PERIOD AND PERFORMANCE RATINGS ................ 25 ARTICLE 37. DISCIPLINARY PROCEDURE................................................................... 26 ARTICLE 38. GRIEVANCE PROCEDURE ....................................................................... 27 ARTICLE 39. BULLETIN BOARDS .................................................................................. 28 ARTICLE 40. MEALS ........................................................................................................ 28 ARTICLE 41. MILITARY LEAVE ..................................................................................... 28 ARTICLE 42. OUTSIDE EMPLOYMENT ......................................................................... 29 ARTICLE 43. WAIVER PROVISION ON BARGAINING DURING TERM OF AGREEMENT ARTICLE 44. EMERGENCY WAIVER PROVISIONS...................................................... 29 ARTICLE 45. SEVERABILTIY PROVISION .................................................................... 29 93 Q.
3 ARTICLE 46. PAST PRACTICE......................................................................................... 30 ARTICLE 47. USE OF CITY FACILITIES......................................................................... 30 ARTICLE 48. PROHIBITED ACTIVITIES......................................................................... 30 ARTICLE 49. NOTICE OF SHIFT CHANGES................................................................... 27 ARTICLE 50. TERM OF MEMORANDUM OF UNDERSTANDING ............................... 31 94 Q.
4 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF BRISBANE AND THE

BRISBANE POLICE OFFICERS ASSOCIATION
ARTICLE 1. PREAMBLE
Pursuant to Government Code 3500, as amended, et seq., this Memorandum of Understanding has been entered into by the City of Brisbane, hereafter referred to as “the City”, and the Brisbane Police Officers Association, hereafter referred to as “the Association”, on _______________________. The purpose of this Memorandum of Understanding is the promotion of harmonious relations, peaceful resolution of differences, and the establishment of rates of compensation, hours of work, and other matters relating to employment conditions to be observed by the parties.

The terms of the Memorandum of Understanding shall be subject to review and meet and confer by the parties if the State of California or the Federal government through executive or legislative action substantially affects the ability of the City to provide funding for City Council adopted services. This review and meet and confer may also be exercised in the event there is a recession (as declared by the National Bureau of Economic Research and defined as two consecutive quarters of negative growth in the United States Gross Domestic Product (GDP)).

ARTICLE 2. RECOGNITION
A. Bargaining Unit Representation
The City hereby recognizes the Association as the sole and exclusive representative for the bargaining unit consisting of the following classifications.

Police Officer
Sergeant
B. Authorized Representatives
The Association shall provide and maintain with the City’s authorized labor relations representative and the Chief of Police, a list of current officials of the Association, as well as the names of any other person(s) who are authorized to officially represent the Association in its dealings with the City.

The City Manager or designee of the City of Brisbane or any person or organization duly authorized by the City Manager or designee, is the representative of the City of Brisbane.

Release time for POA Board Members – Employees who are POA Board Members will receive up to five (5), twelve-hour (12-hour) days of release time per calendar year. 95 Q.
5 ARTICLE 3. NON-DISCRIMINATION
A. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with the Employer-Employee Relations Resolution and Government Code Sections 3500, et seq.

B. The City and Association agree that they shall not discriminate against any employee because of race, color, religion, sex, sexual orientation, marital status, age, national origin, ancestry, disability, medical condition, military or veteran status. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any order of a federal or state agency or court of competent jurisdiction requiring modification or change in any provision or provisions of this Agreement in compliance with state and federal antidiscrimination laws.

C. Whenever a gender pronoun is used in this Memorandum of Understanding, it shall be understood to include all genders.

1. To manage the City generally and to determine the issues of policy;

2. To determine the existence of non-existence of facts which are the basis of the management decision;

3. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;

4. To determine the nature, manner, means, technology, and extent of services to be provided to the public;

5. Methods of financing;

6. Types of equipment or technology to be used;

7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted;

8. To determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City;

9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments;

10. To relieve employees from duties for lack of work or similar non-disciplinary reasons;

11. To establish and modify productivity and performance programs and standards; 96 Q.
6 12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provision and procedures set forth in City Personnel Rules and Regulations;

13. To determine job classifications and to reclassify employees;

14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding and City’s Rules and Regulations;

15. To determine policies, procedures and standards for selection, training and promotion of employees;

16. To establish employee performance standards including, but not limited to, quality and quality standards; and to require compliance therewith;

17. To maintain order and efficiency in its facilities and operations;

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with the Agreement;

19. To take any and all necessary action to carry out the mission of the City in emergencies.

B. Impact of Management Rights
Where required by law, and within the scope of representation, the City agrees prior to implementation to meet and confer with the Association over the impact of the exercise of management’s rights upon the wages, hours, and terms and conditions of employment on unit members unless the impact consequences of the exercise of a management right upon unit members is provided for in the Memorandum of Understanding.

ARTICLE 5. CLASSIFICATION AND PAY RATES
A. Wages
Wages for covered employees are set forth in Appendix A, which is hereby incorporated as though set forth in full.

Each employee shall be compensated on a bi-weekly basis. Payment will normally be made on Friday immediately following the conclusion of a City payroll period. A City payroll period begins on the Monday which is the first day of the City pay period and ends on the Sunday which is the last day of the City pay period and consists of fourteen (14) calendar days.

The following changes in the wages will be made during the term of the agreement:

1. Effective the first full payroll period after January 1, 2023, the bargaining unit will receive a Cost of Living Adjustment of 3.0%.

2. Effective the first full payroll period after January 1, 2024, the bargaining unit will receive a Cost of Living Adjustment of 3.0%.

3. Effective the first full payroll period after July 1, 2024, the bargaining unit will receive a minimum Cost of Living Adjustment of 6.0%.

4. Effective the first full pay period in July 2025, a Cost of Living Adjustment increase of 6% unless the cumulative inflation over the course of the term of the contract is less 97 Q.
7 than 18%. If the cumulative inflation is less than 18%, the Cost of Living Adjustment will be reduced to no lower than 4%. The measurement period will be April 2021 to April 2025. The CPI to be used is CPI-W (Urban Wage Earners and Clerical Workers) for the San Francisco-Oakland-Hayward area. The base period is 1982-1984=100.

B. Total Compensation Survey
A total compensation survey will be completed after January 2024 and before April 2024 to be used to reopen the contract for total compensation discussion using cities mutually agreed upon between the POA and the city. The Survey will be used to as a basis for opening the contract for the July 2024 to June 2025 period. The City has historically desired to be in the 50th percentile of police agencies surveyed. If the total compensation survey is not completed on by March 2024, this bargaining unit shall receive a 2% increase in addition to the Cost of Living increase scheduled for July 2024 of 6%.

C. Payroll Deduction – Association Dues
Upon the receipt of a written request and authorization from the Union for deduction of Association dues from an employee’s paycheck, the City shall withhold such dues and deductions from the salary of the employee. The amount of the deductions shall be submitted by the City to the officer, bank, and/or firm designated by the Union as the person, bank, or firm authorized to receive such funds. The City shall continue to withhold such deductions unless the Union files a statement with the City withdrawing authorization for the continued withholding of the deductions. Payroll deductions for association dues shall be conducted in accordance with applicable state law.

ARTICLE 6. OVERTIME
Overtime when authorized by an employee’s supervisor, shall be paid on the following basis:

A. The work period for employees assigned to positions other than shift work shall begin on Monday and end on Sunday (40-hours per workweek) and the hours worked will normally fall between 8:00 AM and 5:00 PM or such other schedule as determined by the Department Head.

B. Employees assigned to shift work shall work a 7(k) work period. The shift cycle (average of 42-hours per week) shall be four (4) consecutive tours of duty followed by four (4) consecutive days off-duty. The workday shall be 12-hours, with the shifts beginning at 7:00 AM and 7:00 PM or such other schedule as determined by the Department Head. The work period shall be 24 days, where the maximum non-overtime hours will be 147 hours. The City shall retain the right to change the shift cycle and/or work period, so long as the change is intended to be permanent and not done to avoid overtime obligations required under the Fair Labor Standards Act.

C. An employee required to work in excess of the regularly scheduled workday or regularly scheduled work shift, or as required under the Fair Labor Standard Act, shall be compensated 98 Q.
8 for each overtime hour as authorized by employee’s supervisor at a rate of one-and one-half times the employee’s regular rate of pay.

D. The Fair Labor Standards Act requires that educational and other incentive pays be included in determining the regular rate of pay. For shift personnel, the hourly equivalent to the regular rate of pay shall be computed by dividing the annual base pay, including educational and incentive pays, by the total scheduled hours of 2,184. For employees assigned to a forty (40) hour workweek, the regular rate of pay shall be computed by dividing the annual base pay, including educational and incentive pays, by 2,080 hours.

E. Nothing herein shall preclude the covered employee and supervisor from adjusting the employee’s work schedule to reduce or eliminate such overtime if such adjustment is with the mutual consent of the employee and supervisor.

ARTICLE 7. CALLBACK PAY
When an off-duty employee is called back to work, a minimum of two (2) hours pay shall be paid.

The callback pay shall be paid at overtime rates if the employee has worked sufficient hours to have been placed into an overtime situation.

A. Court Time
Any employee required to report to court while not on duty shall receive a minimum of four (4) hours pay for such court appearance at the time and one-half rate of pay.

B. Page Standby
Police Sergeants and Officers who volunteer to be on pager standby for purposes of callback to duty shall receive one hour of overtime compensation for every 24 consecutive hours of standby. The employee has the choice of either pay or compensatory time off.

Standby compensation is only authorized by the Chief of Police or his/her designee based on shift staffing. When patrol staffing levels reach a minimum of two sworn employees per each 12-hour shift, then pager standby is authorized for one sworn employee. When one or more of the shifts in a 24-hour period has more than two sworn employees scheduled to work, then pager standby is not authorized.

For the purpose of this article, sworn employees are defined as:

Officer/Officer
Officer/Sergeant
Sergeant/Sergeant
ARTICLE 8. SPECIAL ASSIGNMENT PAYS
A. Field Training Officer
Officers assigned as Field Training Officers shall receive a premium of 5.0% of base salary per shift when assigned a trainee starting the first full pay period of January 2023. 99 Q.
9 B. Special Assignment
The Police Chief may, from time to time, make special assignments outside the employee’s classification. Such assignments carry no permanency in class and are made at the sole discretion of the Chief of Police. Participation in such assignments is strictly voluntary.

Officers so assigned by the Chief of Police will receive 5.0% above base salary for the duration of the assignment.

C. K-9 Maintenance Pay
K-9 Officers shall receive compensation equivalent to eight (8) hours of pay at the overtime rate for the care and grooming of their K-9 partner during their off-duty time as outlined in General Directives, Canine Policy.

D. Detective Pay
Officers assigned to detective duties shall receive an additional 10.0% of base salary when so assigned. The assignment to such a position shall be at the discretion of the Police Chief and shall not be considered a “promotional” assignment with the expectation of continuing to receive additional compensation when re-assigned to patrol duties. Employees assigned to detective duties are not eligible to receive holiday pay (6.0%) in lieu of holiday observance.

E. School Resource Officer
Officers assigned as a School Resource Officer shall receive the same benefits as officers assigned to detective duties.

F. Commander Pay
The City may assign a Sergeant to perform the full range of duties of a City of Brisbane Police Commander. An employee so assigned will receive ten percent (10%) above the employee’s current Sergeant base pay for the duration of such assignment. Such assignment outside of the Brisbane Police Officers’ Association’s bargaining unit is at the sole discretion of the City and may be revoked at any time.

G. SWAT Assignment Pay
Officers assigned to SWAT shall receive an addition 2.0% of base salary starting the first full pay period of January 2023.

H. Motor Officer Assignment Pay
Officers assigned as a Motor Officer shall receive an additional 5.0% of base salary starting the first full pay period of January 2023
I. Bi-Lingual Pay
Officers are eligible to receive $100 per month beginning the first pay period in July 2023. This incentive will be paid on a bi-weekly basis. Employees are only eligible to receive Bi-Lingual pay for one language and must pass a state exam showing competency in the second language in order to be eligible.
100
Q.
10 ARTICLE 9. WORK WEEK
A. Police Officers and Police Sergeants assigned shift work shall work four consecutive days of twelve-hour shifts followed by four consecutive days off as the shift cycle to be followed during the course of the Agreement. However, it is also understood that nothing contained in the Agreement precludes the Police Chief from making assignments of other hours of work or shift schedules for individuals should the Police Chief determine that the needs of the service so warrant such assignment(s).

B. There will be varying shift cycles for employees covered by this unit as outlined below:

1. Police Officers and Police Sergeants assigned to shift work will work 147 hours in a twenty-four (24) day cycle and/or 2,184 hours annually.

2. Members who are full-time employee and not assigned as shift work personnel shall work a forty-hour workweek and/or 2,080 hours annually.

3. Nothing herein shall restrict the City rights under its layoff procedure set forth in its Rules and Regulations.

ARTICLE 10. SHIFT DIFFERENTIAL
A. Shift employees assigned to and who work a forty-two (42) hour per week work schedule will receive an additional payment of two and a half percent (2.5%) of base wage.

ARTICLE 11. NIGHT SHIFT DIFFERENTIAL INCENTIVE
A. Employees assigned to the night shift (1900 to 0700) during the annual shift sign-up will receive an additional 5.0% of base salary starting the first full pay period in January of 2023. The 5.0% differential shall apply only to hours worked during the night shift. If an employee must cover a shift due to an injury or illness of another employee, the covering employee shall receive the night shift differential unless the shift qualifies for overtime pay.

ARTICLE 12. LONGEVITY INCENTIVE
A. As of January 2023, employees in this unit shall receive a 1.0% step increase for those who have reached 10 years of continuous service with the City.

B. As of January 2023, employees in this unit shall receive a 1.0% step increase for those employees who have reached 15 years of continuous service with the City.

C. As of January 2023, employees in this unit shall receive a 3.0% step increase for those employees who have reached 20 years of continuous service with the City. .
101
Q.
11 D. Longevity pay will be based on number of continuous years of service. All percentages listed above are cumulative, for example, by January, a member with at least 20 years of service will receive a cumulative 5.0% step increase in total for longevity pay.

ARTICLE 13. VACATION
A. All full-time personnel in the Classified Service shall be entitled to annual vacation leave as provided below:

Law Enforcement Shift Personnel (42-hour workweek)
Years Annual
Continuous Accrual Maximum
Service Amount Accrual
First 4 years 84 hours 168 hours
After 4 years 126 hours 252 hours
After 9 years 168 hours 336 hours
Non-Shift Personnel (40-hour workweek)
Years Annual
Continuous Accrual Maximum
Service Amount Accrual
First 4 years 80 hours 160 hours
After 4 years 120 hours 240 hours
After 9 years 160 hours 320 hours
B. Vacation credits shall be accrued pro rata on each pay period. Original appointees to law enforcement classifications shall not be eligible to take vacation during the first six (6) months of employment, but shall receive credits for that period when six (6) months of service have been attained.

Lateral appointees to law enforcement classifications shall be eligible for the second tier of vacation, if upon the date of hire, the employee possess nine (9) years of demonstrated experience in his/her field of hire. Advance vacation leave allowance shall be awarded at the discretion of the City Manager. Lateral appointees awarded the second tier of vacation upon the date of hire shall be eligible to move to the third tier of vacation after four (4) years of service. The third tier of vacation shall be the maximum allowable annual vacation accrual.

C. Subject to approval of the City Manager or designee, the department and employee shall schedule the times at which vacation leave is to be taken with due consideration being given to the desires of the employee and the operational needs of the department. Use of vacation leave in less than one-day increments shall be discouraged.

D. Based on operational needs or employee preference, vacation leave earned in a given year may be deferred to the following year. However, the total amount of vacation accrued shall not exceed the maximum accrual listed above, except as noted below. 102
Q.
12 E. Vacation leave accrued may exceed the listed maximum hours only with approval of the Appointing Authority. Documentation of all vacation deferments approved by the Appointing Authority shall be provided to Human Resources in such form as specified.

F. It is the employee’s responsibility to keep track of his/her accrued hours and make timely requests to take earned vacation leave. The granting of a vacation leave request is at the discretion of the Police Chief or designee, based on staffing and operational needs of the department. Failure to plan for and timely scheduling of vacation leave shall result in the loss of further accrual of vacation hours when the maximum number of accrued vacation hours is reached. However, no employee shall lose the accrual of vacation hours when timely vacation requests are made. A timely vacation request shall be one which is submitted within ten (10) days of the requested leave date(s).

G. Where an illness or injury necessitates care and treatment by a physician during an employee’s vacation leave, the days of care and treatment shall not be charged against the employee’s vacation accrual. Upon presentation of appropriate documentation from the physician such leave will be changed to the employee’s sick leave.

H. Employees who leave the City service during their first six months of employment under original appointments shall not receive any vacation leave or payment therefor. All other employees in the Classified Service shall, upon separation in good standing, be entitled to receive payment at their current base rate of pay for all vacation credits earned, but not taken as of the effective date of separation. However, no such payment shall be made for vacation leave credited in advance of being earned.

I. Vacation Buyback - Employees who are within 15 hours of the maximum allowed vacation hours in their vacation bank can sell up to 84 hours of vacation time back to the city in June of the fiscal year. This provision will terminate on June 30, 2025, unless agreed to continue by both parties prior to June 30, 2025.

ARTICLE 14. SICK LEAVE
Employees covered by this agreement shall be provided paid sick leave as set forth below. Sick leave shall not be considered as a right that an employee may use at his/her discretion, but shall be allowed only in the case of actual sickness, injury, disability or medical condition that prevents the employee from performing the full scope of the usual and customary duties of his/her classification. An employee who is granted sick leave is expected to take the appropriate recuperative steps and/or follow physician recommended recuperative steps to assure a timely return to work.

The accrual and usage of sick leave shall be governed by the following provisions:

A. Sick leave shall be earned at the rate of eight hours for each calendar month of service, except that shift personnel shall accrue such leave at the rate of 8.4 hours per month. 103
Q.
13 B. Sick leave credits for law enforcement shift personnel may be accumulated to a maximum of 1,092 hours and non-shift personnel may accumulate sick leave credits to a maximum of 1,040 hours. Employees separating from the City service shall not be entitled to any payment of unused, accrued leave.

C. Employees shall not accrue sick leave during their first ninety (90) days of employment under original appointments, but shall receive credits for that period when ninety (90) days of service have been attained. However, lateral entry appointment shall be eligible to accrue and use sick leave credits upon the date of hire.

D. In order to be entitled to sick leave, an employee who, because of illness or injury, is unable to report for work shall so notify his immediate supervisor within one hour prior to the commencement of the shift. Per the department’s General Orders, a department head may require an earlier notification where it is warranted due to operational needs.

Failure to provide such notification without good reason may result in that day of absence being treated as a leave of absence without pay. The determination in this regard shall be made by the department head and is subject to final approval by the City Manager or designee.

Where the period of absence due to illness or injury is not known at the outset, it shall be the responsibility of the employee to remain in contact with his/her immediate supervisor, on a daily basis if deemed necessary by the supervisor.

Where the absence is, or is expected to be, for more than one workday, the employee may be required to file a physician’s certificate or stating the specific medical condition and the cause and nature of the illness, injury, disability, or condition that prevents the employee from performing the usual and customary duties of his/her classification with the City Manager or designee. When deemed appropriate, the City Manager or designee may require verification of the employee's ‘doctor'’ certificate by a physician specified by the City.

In the event the employee’s doctor’s certificate and the opinion of the City’s specified doctor’s verification as to the employee’s ability and/or scheduled time to return to work disagree, the employee may be required to report to a physician that has been agreed to by the employee’s physician and the City’s physician. The opinion of this physician shall be the final determination. The City will agree to pay for all costs associated with this verification and/or examination. A request for sick leave may be denied and the employee placed on leave without pay and/or disciplinary action being taken up to and including termination, should the employee fail to return to work after being deemed eligible to return to work by this third physician.

The department head or designee may deny a sick leave request and place the employee on leave without pay based on reasonable evidence that the employee failed to follow appropriate and/or doctor specified recuperative steps.

The payment of sick leave may be suspended by the City Manager or designee where there is reasonable grounds to believe that absences on a given day or days are the result of a concerted 104
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14 action on the part of two or more employees which is related to a labor dispute with the City directly or one in which the City is involved as a third party.

E. Where an illness or injury is job-related and covered by State Worker’s Compensation, accrued sick leave and vacation credits shall be applied to make up the difference between State benefits and full, base salary. However, sick leave shall not be paid for any absence of a law enforcement employee resulting from illness or injury arising out of the course of employment by the City which is covered under Labor Code 4850.

F. An employee may use one-half of his/her annual accrual of sick leave to attend to the diagnosis, care, or treatment of an existing health condition or preventative care for a child, , spouse, registered domestic partner, parent (including biological, adoptive, foster parent, stepparent or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), grandparent, grandchild, or sibling. The City Manager or designee may approve use of leave for this purpose for other than the family members defined above.

G. Usage of this benefit shall be charged as follows:

1. Law enforcement shift personnel – One shift equals twelve (12) hours charged against the applicable balance.

2. 40-hour law enforcement personnel – One shift equals eight (8) hours charged against the applicable balance.

H. Accrued sick leave may, with department head approval, be used for medical and dental appointments of the employee where it is unfeasible to schedule them on the employee’s own time.

I. No accrued sick leave may be used for any injury or illness arising out of outside employment.

ARTICLE 15. INSURANCE
A. CalPERS Employer Health Contribution
The City shall contribute the minimum health premium contribution for participating active and retired employees under the Public Employees’ Medical and Hospital Care Act (PEMHCA), currently at $149 for 2022 and $151 for 2023. This will cease should the City no longer provide health benefits through PEMHCA in the future.

B. Flexible Compensation Plan
The City shall continue to offer a bona fide Flexible Compensation Plan and to make monthly contributions for allocation to health insurance and health and dependent care reimbursement accounts. It is understood that the City may establish such regulations as may become 105
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15 necessary to ensure that the cafeteria plan remains a bona fide plan for the purpose of taxation and FLSA compliance, subject to meet and confer to the extend required by state law.:

The City’s contribution to the Flexible Compensation Plan (cafeteria plan) shall increase as follows:

1. Effective December 2022, the City’s contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts:

No Plan: $700.29
Single Party: $835.29 + PEMHCA
Two Party: $1831.81 + PEMHCA
Family: $2429.77 + PEMHCA

2. Effective December 2023, the City’s contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts
No Plan: $721.30
Single Party: $860.35 + PEMHCA
Two Party: $1886.76 + PEMHCA
Family: $2502.66 + PEMHCA

3. Effective December 2024, the City’s contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts:

No Plan: $742.94
Single Party: $886.16 + PEMHCA
Two Party: $1943.37 + PEMHCA
Family: $2577.74 + PEMHCA

4. Effective December 2025, the City’s contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts:

No Plan: $765.23
Single Party: $912.74 + PEMHCA
Two Party: $2,001.67 + PEMHCA
Family: $2,655.07 + PEMHCA
The overall increase in the cafeteria plan will be no more than a cumulative 17% over the fouryear period. Increases above the guaranteed rates will occur if the Kaiser rate increases above the cumulative guaranteed rate.

Calendar Year Guaranteed Increase Amount Available based on Cumulative Kaiser Increase above Cumulative Guaranteed Increase
2022 3%
2023 3% 5%
2024 3% 5% unless a portion used in previous year
2025 3% 5% unless a portion used in previous year
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16 C. Dental Benefits
During the term of this agreement, the City shall contribute the sum of $145 per month per employee toward a dental plan.

Maximum Coverage: The current maximum reimbursement amount per employee shall be $2,000 per plan year. The reimbursement per dependent shall be $1,100 per plan year. The amount of the unused employee balance that can be applied to the outstanding dependent balance shall be $530 per fiscal year.

D. Life and Long Term Disability Insurance
The City shall maintain in effect for the term of this agreement its existing life insurance plan.

The City agrees to maintain in effect for the term of this agreement long-term disability insurance with the carrier requested by the unit, California Law Enforcement Association. The City further agrees to add the cost of the long-term disability premium to the employee’s pay warrant as gross income for the purpose of the disability premium being paid by the employee through a payroll tax deduction.

E. Vision Care Insurance
The City shall maintain in effect for the term of this agreement its existing level of vision care insurance. The City shall contribute 100% of the family rate for such vision care coverage.

F. Employee Assistance Program
The City shall maintain in effect for the term of this agreement its existing agreement in order to provide an employee assistance program. In addition, this existing agreement shall provide for five (5) additional counseling sessions per incident for employees of this unit, for a total of 10 visits per incident.

ARTICLE 16. SUPPLEMENTAL STIPEND
The parties agree to a Supplemental Stipend, in recognition of long-term service with the City of Brisbane, for employees retiring from City service after July 1, 2002.

For employees who retire after July 1, 2002, a stipend will be paid that is equal to the single party premium rate charged to the City by Kaiser- if all of the following conditions are satisfied:
1) the employee was hired prior to January 1, 2013 if the employee separates from the City and returns to City within 5 years of their separation date his/her original hire date will be used for purposes of this section;
2) the employee has 15 years or more service with the City of Brisbane; 3) retires from service;
4) the effective date of the retirement is within 120 days of separation from the City of Brisbane.

In addition, it is agreed that an employee will no longer be eligible for such stipend should the employee elect to be covered by another medical plan other than that provided at the time of 107
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17 retirement. Furthermore, it is agreed that an employee who once waives his/her participation, such medical plan coverage and such waiver shall be irrevocable.

ARTICLE 17. DEFERRED COMPENSATION PLAN
A. Employees may voluntarily participate in the City’s deferred compensation plan.

B. For employees hired on or after January 1, 2013 the City will contribute one point five percent (1.5%) of the employee’s base monthly salary toward a deferred compensation plan and the above Supplemental Stipend will not apply. In the event the employee makes a contribution of five percent (5.0%) or more of the employee’s base monthly salary toward the deferred compensation plan, the City will match such contribution up to a maximum of five percent (5.0%).

C. For individual employees eligible for the Supplemental Stipend who voluntarily elect to irrevocably opt out of the supplemental stipend benefit, the City will contribute three percent (3.0%) of the employee's base monthly salary toward a deferred compensation plan and the above supplemental stipend will not apply. In the event the employee makes a contribution up to five percent (5.0%) of the employee's base monthly salary towards the deferred compensation plan, the City will match such contribution up to two percent (2.0%). The City's total contribution toward any employee will not exceed five percent (5.0%). This benefit will terminate upon separation from service with the City. Furthermore, it is agreed that an employee who once waives his/her participation in the supplemental stipend program, it shall be irrevocable.

ARTICLE 18. EDUCATION INCENTIVE
Educational incentive pay is provided to those law enforcement sworn personnel covered by the agreement as follows.

Plan A
An additional 3.5% of base salary is granted to such employees holding an Intermediate POST Certificate. Another 2.5% of base salary is granted to such employees holding an Advanced POST Certificate. The maximum aggregate educational incentive pay granted under Plan A is 6.0% of base salary.

Plan B
An additional 5.0% of base salary is granted to such employees holding an Associate of Arts Degree. Another 5.0% of base salary is granted to such employee holding a Bachelor’s Degree.

The maximum aggregate educational incentive granted under Plan B is 10.0% of base salary.

Employee hired prior to April 1, 2001, are eligible to elect either Plan A or Plan B. Employees who elect Plan A, then subsequently meet the requirement of Plan B, are eligible to move to Plan B. Employees hired after April 1, 2001, are eligible for Plan B only. 108
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18 ARTICLE 19. UNIFORM SUPPLY AND MAINTENANCE
A. Department will issue to all safety employees the following equipment, which shall remain Department property at all times:

1. Law enforcement safety equipment, including belt, firearm, handcuff, riot gear, flashlight, rain gear and rubber boots, and jump suit.

2. Badges, identification cards, keys.

B. The Department will issue the following to all new employees and will inventory all existing officers and supply additional items to reach the following number and specifications. All listed items shall become the property of the officer upon successful completion of probation.

1. One nylon jacket

2. Three short-sleeve wool uniform shirts

3. Three long-sleeve wool uniform shirts

4. Three pair wool uniform trousers

5. One pair OSHA boots

6. Four cotton T-shirts

7. One dress jacket and tie

8. All uniform patches

9. One wool visor cap

10. Three name tags

11. 500 personalized business cards

12. One bullet-resistant vest and two covers selected by the officers from Department approved vendors within threat level, to a maximum of $400.

C. The Department will replace all unserviceable items, as needed.

D. Officers will receive annually three T-shirts and one nametag.

E. Vests will be replaced at the officer’s option at five years of service. Old vests shall be returned.

F. The Department will also provide the following:

1. Unlimited cleaning

2. Tailoring, alteration and repairs

3. Service stripes, rank insignia and special assignment accouterments G. Personal Property
The Department will repair or replace all items of personal property lost or damaged during the performance of duty. The maximum loss paid at any one incident will be $100. 109
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19 ARTICLE 20. COMPENSATORY TIME OFF
Members of the Association who are eligible to earn overtime shall be eligible to earn compensatory time off (CTO) at the rate of one-and-one-half times for every hour of overtime. No one may accumulate more than one hundred sixty (160) hours of comp time. An employee who has requested to use accumulated compensatory time off is permitted to use such time within a reasonable period after making the request unless, in the opinion of the department head or designee, the request would unduly disrupt the operations of the department.

ARTICLE 21. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
The City participates in the California Public Employees Retirement System (CalPERS).

Retirement benefits under CalPERS are as follows:

A. For employees classified as “Classic Members” and/or became a CalPERS member prior to January 1, 2013:

1. 3% @ 55 Local Safety Police retirement formula.

2. Final Compensation one (1) year

3. 1959 Survivor Benefits (Level 3)

4. Unused Sick Leave Credit – Local Member

5. 2% Annual Cost-of-Living Allowance Increase

6. Improved Non-Industrial Disability Allowance

7. Military Service Credit as Public Service

8. $5,000 Retired Death Benefit
Employees classified as “Classic Members” shall pay the 9% employee CalPERS contribution.

B. For employees classified as “New Members” and/or became a CalPERS member on or after January 1, 2013:

1. 2.7% @ 57 Safety Members retirement formula

2. Final Compensation three (3) year

3. 1959 Survivor Benefits (Level 3)

4. Unused Sick Leave Credit – Local Member

5. 2% Annual Cost-of-Living Allowance Increase

6. Improved Non-Industrial Disability Allowance

7. Military Service Credit as Public Service

8. $5,000 Retired Death Benefit
Employees classified as “New Members” pay 50% of the normal cost of the CalPERS contribution.

C. To the extent permitted by law, including but not limited to Internal Revenue Code Section 414(h)(2), pension cost contributions shall be made on a pre-tax basis. It is understood that the City cannot guarantee such tax treatment as the State Legislature or Congress may alter the 110
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20 statutory authority for this tax treatment and the Franchise Tax Board, the IRS or the U.S.

Treasury Department may alter revenue rulings regarding such tax treatment.

ARTICLE 22. TUITION REIMBURSEMENT
Tuition reimbursement shall be governed by Police Department General Orders, Tuition Reimbursement Policy. However, any tuition reimbursement provided under said orders shall be limited to the amount which the California State University system charges under its fee schedule for tuition and books.

ARTICLE 23. HOLIDAYS
A. Employees assigned to law enforcement shifts (42-hour) shall receive compensation in lieu of holiday observance in the amount of six percent (6.0%) of their base salary.

B. Employees assigned to duties that are scheduled for a forty-hour workweek and non-rotating shifts shall receive paid holiday time for all City holidays and take off all City holidays.

Specifically,
January 1 (New Year’s Day)
The third Monday in January (Martin Luther King, Jr. Day) The third Monday in February (President’s Day)
March 31 (Cesar Chavez Day)
The last Monday in May (Memorial Day)
June 19 (Juneteenth)
July 4 (Independence Day)
The first Monday in September (Labor Day)
November 11 (Veteran’s Day)
Fourth Thursday in November (Thanksgiving Day)
Day After Thanksgiving
December 24 (Christmas Eve)
December 25 (Christmas Day)
December 31 (New Year’s Eve)
C. All employees covered herein are eligible for an additional sixteen (16) hours of paid holiday time (floating holidays) for personal use. Paid holiday time (floating holidays) is accumulated annually and may not be carried over into subsequent calendar years.

ARTICLE 24. ATTENDANCE
Employees shall be in attendance at their work in accordance with rules and policies regarding hours of work, leaves and related conditions. Department heads shall be responsible for maintaining employee attendance records which shall be reported to the City Manager or his designee in the form and at the time prescribed by him. 111
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21 Except in extraordinary circumstance, an employee who is unable to report for work at the beginning of his established shift shall notify his immediate supervisor within one hour from the commencement of such shift. Failure to provide this notification may result in the unreported period of absence for the day being considered as leave without pay. An employee who is absent without notification for more than one work day shall be subject to disciplinary action including discharge, pursuant to Rule 13, Personnel Actions: Disciplinary, of the Personnel Rules and Regulations. The one-hour notification provision shall not preclude a department head, with approval of the City Manager or his designee, from requiring an earlier notification where it is warranted due to operational needs.

In order to insure employee availability for the protection of life and property and to otherwise serve the health, safety and welfare of the community, the City Manager or designee is authorized to establish a reasonable response time for employees to report to work after call to duty under emergency conditions. This response time may vary be operating unit, the type of personnel involved and the type of emergency, but shall not serve to require employees to reside within City boundaries.

ARTICLE 25. PARENTAL LEAVE
Parental leaves of absence shall be granted in accordance with applicable provisions of Federal and State law.

ARTICLE 26. MEDICAL LEAVE
The City Manager or designee may place an employee on a medical leave of absence without pay where, in the City Manager or designee’s judgment, that employee is incapacitated to perform the regular functions of his position. This type of leave may be used pending the employee’s anticipated recovery or pending the outcome of a medical evaluation of the employees physical or mental health as it relates to the performance of his work. Before an employee is placed on such leave status, the employee shall be permitted to utilize all accrued sick leave and vacation credits.

A medical leave of absence may also be directed by the City Manager or designee in cases where an employee is already off the job due to illness or injury has exhausted all accrued sick and vacation credits.

Under normal circumstances, no leave directed or granted under this rule shall exceed 90 days, at which time the City Manager or designee may, under extraordinary circumstances, extend the leave for a definite period. Otherwise, the leave shall be terminated.

Nothing herein shall be construed as modifying the provisions of the State Labor Code Section 4850 as it relates to public safety personnel.

ARTICLE 27. MANDATORY ADMINISTRATIVE LEAVE
The City Manager or designee may place an employee in the Classified Service on administrative leave where, in his judgment, such action would be in the best interests of the City service. This 112
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22 leave may be with or without pay. Its application may include, but not be limited to, situations where disciplinary matters are pending.

ARTICLE 28. OTHERS LEAVES WITHOUT PAY
The City Manager or designee may grant an employee a leave of absence without pay for a definite period not to exceed three months. Department heads may grant such leaves not to exceed five working days.

The request for leave, and the reasons therefor, shall be submitted in writing by the employee and must be approved in advance by the City Manager or designee or the department head, as appropriate.

On expiration of the approved leave, the employee shall be reinstated to his former position or to a comparable one if the former position is abolished during the period of leave and the employee otherwise would not have been laid off. Based upon unforeseeable changes in operating requirements, the City Manager or his designee may recall the employee from leave prior to its expiration.

ARTICLE 29. LEAVES OF ABSENCE WITHOUT PAY; AFFECT ON SENIORITY AND

BENEFITS
Except as provided under State Law for employees on military leaves of absence, employees on leaves of absence without pay shall not, after the first 30 days of such leave, accrue service or leave credits, nor shall the City be required to maintain contributions toward group insurance coverages. During the period of such leaves, all service and leave credits shall be reinstated at the levels as of the effective date of the leave.

ARTICLE 30. BEREAVEMENT LEAVE
Up to five working days per occurrence may be granted by the department head to employees where there has been a death in the employee’s immediate family (as defined in Rule 17.03, Sick Leave, as employee’s spouse, domestic partner, children, parents, in-laws, brothers, sisters, grandparents and grandchildren). The City Manager or his designee may approve use of leave for this purpose for other than the family members defined above. Extensions to such leaves due to unusual circumstances may be approved by the City Manager or designee.

ARTICLE 31. JURY DUTY
An employee who is called to serve as a juror shall be entitled to leave during the period of such service or while necessarily being present in court as the result of such a summons. Under these circumstances, the employee shall be paid his full salary for this period, provided the employee remits jury fees received to the City. Such fees shall not include mileage reimbursements or subsistence payments. In order to receive regular wages, the employee must provide the City with a copy of the summons and any documentation related to attendance. 113
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23 ARTICLE 32. LAYOFF PROCEDURE
A. The City Council may abolish any position in the Classified Service due to lack of funds, work or need.

B. The layoff of employees resulting from the elimination of positions shall be governed by the following procedures:

1. Layoffs shall be made within the affected job classification in reverse order of total time in the Classified Service, including any period of probation, paid leave or active military leave. Except as provided under the Personnel Rules & Regulations, Leaves of Absence Without Pay: Effect on Seniority and Benefits of these Regulations, no service credits shall be earned during any leave of absence without pay. Where time in service is equal between two (2) or more affected employees, their evaluations shall serve as the determining factor.

2. The order of layoff in the affected classifications shall be:
a. Temporary employees
b. Probationary employees
c. Permanent employees

3. Probationary and permanent employees in the Classified Service who, under paragraph 1., above, are scheduled to be laid off shall receive at least twenty-one (21) days’ written notice to this effect.

In lieu of layoff, a permanent employee may elect transfer or demotion to a vacant position in the Classified Service, which the City intends to fill and for which the employee is qualified. Such actions shall be governed by the terms of Rule 12.03, Demotion, and 12.04, Transfer, and in no event shall result in an employee being placed in a classification carrying a higher maximum rate of pay.

Within ten (10) days from the date layoff notices are issued, an employee who would otherwise be laid off may elect to displace an employee in a classification carrying a lower or the same maximum rate of pay; provided, however, that the displacing employee must have held permanent status in such classification and have greater time in the Classified Service than the employee being displaced.

A probationary or permanent employee displaced in accordance with this paragraph shall, in turn, be provided the same notice and displacement privilege as set forth in this paragraph.

4. Permanent and probationary personnel laid off in accordance with this Rule shall, at their request, be placed on a re-employment list as provided by Rule 9.03 of these Regulations.

If an employee is re-employed from such a list, all service credits and other benefits accrued 114
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24 to the date of layoff shall be restored. In no event, however, shall the City be required to restore credits for vacation and other benefits paid out at the time of layoff.

At the time of layoff, the employee’s name shall be removed from all promotional eligible lists, but, at the employee’s request, shall be retained on open-competitive lists subject to the provisions of Rule 9.05, Employment Lists, of these Regulations.

5. A probationary or permanent employee laid off pursuant to this Rule shall have the right of appeal directly to Step 3 of the Grievance Procedure contained in Rule 15, Grievance Procedure, of these Regulations. An appeal filed under these circumstances shall not in any way be construed as stemming from a disciplinary action and the sole issue appropriated for determination shall be questions concerning interpretation or administration of the layoff procedure. An appeal filed under this paragraph shall not serve to suspend or delay layoff proceedings unless the City Manager determines otherwise.

In no event shall the City Manager be empowered to hear and rule upon the City Council’s judgment as to the merit and necessity of the elimination of positions.

ARTICLE 33. DEMOTIONS
A. Based upon an employee’s request or upon an employee’s demonstrated inability to perform the tasks of the position, the City Manager may demote an employee to a position in a classification which carries a lower maximum rate of pay and which the employee is qualified to perform. Under these circumstances, the employee’s new rate of pay shall be that step on the new salary range which most closely corresponds to the employee’s former salary step.

B. Where such action is based upon an employee’s inability to perform the work of the current position, the employee may appeal the action of the City Manager pursuant to Article 37, Grievance Procedure.

C. Advance written notice of demotion, together with the effective date, shall be provided the employee and the employee’s department head.

ARTICLE 34. TRANSFER
A. An employee may be transferred by the City Manager from one position to another position in the same classification or in a comparable classification carrying the same maximum salary rate and which the employee is qualified to perform. Where a transfer would involve two (2) departments or two (2) divisions of the same department, the transfer shall be subject to the approval of both department heads unless it is being made for the purpose of economy or efficiency.

B. Advance written notice of this action, together with its effective date, shall be provided the employee and the affected managers.
115
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25 ARTICLE 35. PROMOTIONS
Candidates who successfully complete all components of the examination shall be placed on the appropriate employment list. Preparation and maintenance of employment lists under these Rules shall be the responsibility of the City Manager or designee.

All open-competitive and promotional lists shall remain in effect for one year unless exhausted or abolished within that period as provided below. The City Manager or designee may extend such list up to six months. The effective date of a list shall be that date on which it is approved for posting by the City Manager or designee.

ARTICLE 36. PROBATIONARY PERIOD AND PERFORMANCE RATINGS The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing the employee’s work, for securing the most effective adjustment of the employee to a new position and for rejecting any probationary employee whose performance does not meet the required standards of work.

All original appointees to positions in classifications covered by this agreement shall serve a probationary period of twelve (12) months. Promotional appointees shall serve a probationary period of not less than six (6) months, nor more than twelve (12) months.

Where the probationer loses time from the job, whether paid or unpaid, in sufficient amounts as to detract from the stated objectives of City’s Rule 11.01, Objective of Probationary Period, the City Manager or his designee may extend the period of probation beyond the limits contained in the preceding paragraph. This extension may not exceed the aggregate amount of lost time which caused the extension. The probationer shall be so advised prior to the effective date of the extension.

It shall be the duty of each department head and immediate supervisor to investigate carefully the probationer’s adjustment and performance to determine whether or not the probationer is qualified for permanent status. The department head shall submit to the City Manager or his designee an evaluation of the probationer’s performance at times specified by the Officer, but no less that twice during the employee’s probationary period.

The final probationary report on each probationer shall include, and earlier reports may include, the department head’s recommendation regarding retention.

During the probationary period, and appointee may be rejected at any time by the City Manager or his designee without cause and without right of appeal. Notice of rejection shall be served in writing on the probationer.

An employee rejected during the probationary period from a position in the Classified Service to which he has been promoted shall be reinstated to a position in the class from which he was promoted unless the rejection results in dismissal from City service. Where rejection results in 116
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26 dismissal, the employee shall have the right to appeal such action in accordance with Rule 14, Appeals Procedure and shall be furnished advance notice pursuant to Rule 13.02, Notice of Disciplinary Action.

Performance reports shall be completed at least annually for all personnel having permanent status in positions in the Classified Service. Such reports may be required more frequently by the City Manager of his designee.

ARTICLE 37. DISCIPLINARY PROCEDURE
A. The City Manager or designee may take disciplinary action against an employee in the Classified Service for misconduct including, but not limited to, chronic absenteeism; incompetence; insubordination; failure to follow work rules; misstatement of fact on an application or other personnel document; falsification of records; unfitness for duty; and absence without authorized leave.

B. The disciplinary action(s) taken may include suspension, pay reduction, demotion, discharge, or any combination of these or other appropriate penalties.

C. All discipline action taken against an employee in the Classified Service must receive the prior approval of the City Manager except under emergency circumstances which dictate immediate suspension of the employee by the department head or supervisor. In such cases, the employee’s department head shall immediately report the action taken to the City Manager who shall review the case and make a determination concerning the appropriateness of the suspension and of further disciplinary action.

D. All actions resulting in salary reductions or demotions shall be subject to review by the City Manager and the department head involved within thirty (30) days following the effective date of the initial action and at regular intervals thereafter.

E. Employees shall have the right to appeal disciplinary actions pursuant to the Personnel Rules & Regulations.

ARTICLE 38. GRIEVANCE PROCEDURE
A grievance is any dispute which involved the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of the Memorandum of Understanding which specifically provide that the decision of the City Manager or any City official shall be final, the interpretation or application of those provision not being subject to the grievance procedure.

STEP 1 An employee who has a grievance shall bring it to the attention of his immediate supervisor within five (5) working days of the occurrence of the act which is the basis for the dispute. Where the grievance concerns a matter of proper compensation or a matter which could not reasonably be discovered by the employee within five (5) working days of its occurrence, the grievance on such a 117
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27 matter shall be raised within twenty (20) working days of the occurrence. If the employee and the immediate supervisor are unable to resolve the grievance within five (5) working days of the date it is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance which shall contain the information set forth below.

1. The name of the grievant.

2. The grievant’s department and specific work site.

3. The name of the grievant’s immediate supervisor.

4. A statement of the nature of the grievance including date and place of occurrence.

5. The specific provision, policy, or procedure alleged to have been violated.

6. The remedy sought by the grievant.

7. The name of the individual or organization, if any, designated by the grievant to represent him in the processing of the grievance. However, in no event shall an employee organization other than the one which formally represents the position occupied by the grievant be designated as the grievant’s representative.

Formal grievances shall be processed beginning with Step 2 of this procedure.

STEP 2 An employee dissatisfied with the decision of the immediate supervisor in Step 1 may submit the grievance to his department head within seven (7) working days from the date of the immediate supervisor’s decision. The department head shall respond to the grievance in writing within seven (7) working days from the date of receipt.

STEP 3 If the employee is dissatisfied with the decision of the department head in Step 2, he may submit the grievance to the City Manager or his designee within ten (10) working days from receipt of the department head’s response. The City Manager, or designated representative, shall respond to the grievance in writing within ten (10) working days of its receipt. Within this period the City Manager, at his discretion, may conduct an informal hearing involving the parties to the dispute.

STEP 4 For any disciplinary suspensions, disciplinary demotions or disciplinary terminations and for no other action(s), an employee who is dissatisfied with the decision of the City Manager in Step 3 may submit the grievance to arbitration within ten (10) working days from receipt of the City Manager’s decision.

The City and the Association shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and a court reporter shall be shared by the City and the Association. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.

Decision of arbitrators on matters properly set before them shall be final and binding on the parties hereto.
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28 ARTICLE 39. BULLETIN BOARDS
Officers shall secure permission of their superior officer before placing any material on a departmental bulletin board, and placing notices on the daily bulletin shall conform with departmental directives.

ARTICLE 40. MEALS
All Police employees shall be granted two, 20-minute breaks during their tour of duty. Police personnel shall be granted one, 45-minute meal break during a 12-hour tour of duty. Officers shall not go out of service for meals and personal breaks without available radio or telephone communications. Officers shall not leave the City of Brisbane for meals or personal breaks without the permission of a superior officer.

ARTICLE 41. MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of the State Military and Veterans Code. An employee requesting leave for this purpose shall provide the department head with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department head may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.

ARTICLE 42. OUTSIDE EMPLOYMENT
Employees shall not carry on, concurrently with their public employment, any other employment, business or undertaking which conflicts or interferes with their City employment.

Outside employment shall not be undertaken by full-time employees in the Classified Service unless the department head and the City Manager or his designee first approve the employment and determine that it will not adversely affect the employee’s quality of work or availability for City service.

Under no circumstances shall an employee be authorized to perform any function related to outside employment or activities during working hours.

ARTICLE 43. WAIVER PROVISION ON BARGAINING DURING TERM OF AGREEMENT Except as specifically provided for in the Agreement or by mutual agreement in writing during the term of this Agreement, the Association and the City hereby agree not to seek to negotiate or bargain with respect to any matters pertaining to rates, wages, hours, and terms and conditions or employment covered by this Memorandum of Understanding or in negotiations leading thereto, and irrespective of whether or not matters were discussed or were even within the contemplation of any parties hereto during negotiations leading to this Agreement, and any rights in that respect are hereby expressly waived during the term of this Agreement. 119
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29 During the term of this Agreement, the Association may, upon action by its Executive Board, request in writing to reopen and meet and confer regarding working conditions. This reopener shall not apply to salary, insurance, or any other monetary item(s), nor shall it apply to specific individual problems, which shall be handled under the grievance procedure.

ARTICLE 44. EMERGENCY WAIVER PROVISIONS
In the event of circumstance beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, the provisions of this Memorandum of Understanding which restrict the City’s ability to respond to these emergencies shall be suspended for the duration of such emergency. After the emergency is over, the Association shall have the right to meet with the City regarding their impact on employees of the suspension of these provisions in the Memorandum of Understanding.

ARTICLE 45. SEVERABILITY PROVISION
Should any article, section, subsection, subdivision, sentence, clause, phrase, or provision of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of the Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding.

ARTICLE 46. PAST PRACTICE
Continuance of working conditions and practices not specifically provided herein shall not be guaranteed by this Memorandum of Understanding.

The City’s Personnel Rules and Regulations shall remain in full force and effect unless contraindicated by a specific provision of this Memorandum of Understanding.

ARTICLE 47. USE OF CITY FACILITIES
Upon reasonable advance notice, the City Manager or his designee may authorize the use of appropriate City facilities by recognized employee organizations for meetings involving City employees they represent. Such meetings shall not conflict with the conduct of normal City business nor be held during on-duty time of the City personnel concerned.

Exceptions to the aforementioned on-duty policy may be granted by the City Manager or designee where it is clearly necessary for a represented employee to confer with his employee representative on a matter concerning employee relations and the City. The time devoted to such meetings shall be kept to a minimum, and the employee representative shall notify the responsible supervisor or manager when arriving at and leaving the work site.

Except as provided above, employee representatives shall not have access to City premises for the conduct of union or association business.
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30 Upon request, the City Manager or designee shall also provide a reasonable amount of space at appropriate City facilities for posting of material by recognized employee organizations. This material shall be subject to review by the City Manager or designee prior to posting. Space allotted for this purpose shall be withdrawn should any posted material contain inflammatory or other objectionable content.

ARTICLE 48. PROHIBITED ACTIVITIES
No employee organization shall encourage participation in, nor shall any employee participate in any strike, picketing, slow down, sick-out, or any other form of concerted activity against the City during the term of the Agreement; nor shall any employee recognize any picket line in the course of his duty, nor in any way be involved in the reduction or denial of City service to any premises because of a labor dispute. Any employee who violates any portion of this section is subject to disciplinary action.

ARTICLE 49. NOTICE OF SHIFT CHANGES
The Parties agree to work collaboratively in an attempt to reduce the number of instances when shift start times are changed on short notice. The Parties agree that, in order to do so, sworn employees will need to provide additional notice to the department of planned absences. The Parties agree that flexibility requires mutual effort. The Parties shall meet within 60 days of ratification of this agreement with the intention of developing protocols to further these goals.

ARTICLE 50. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall be for the period of July 1, 2022 through June 30, 2026.
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31 RATIFICATION AND EXECUTION
The City of Brisbane and the Brisbane Police Officers Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Brisbane and have agreed that the parties hereto will jointly urge Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Memorandum of Understanding shall not be in full force and effect until adopted by the City Council of the City of Brisbane. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representative of the City and the Association entered into this ____________ day of ____________, 2022.

CITY OF BRISBANE BRISBANE POLICE OFFICERS ASSOC.

Clayton Holstine, City Manager Lester Vega, President

Stuart Schillinger, Assistant City Manager Chad Miller , Treasurer ______________________________
Abby Partin, Human Resources Administrator
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Effective Date: 01/02/2023 CITY OF BRISBANE Exhibit A

3.0% Increase Police Officers Association
Job Title Step A Step B Step C Step D Step E
Police Officer Monthly 8,557.95 8,985.84 9,435.12 9,906.87 10,402.21 Bi-weekly 3,949.82 4,147.31 4,354.67 4,572.40 4,801.02
Hourly 47.02 49.37 51.84 54.43 57.16
Police Sergeant Monthly 10,310.61 10,826.15 11,367.47 11,935.83 12,532.61 Bi-weekly 4,758.74 4,996.69 5,246.52 5,508.85 5,784.28
Hourly 56.65 59.48 62.46 65.58 68.86
Note: Hourly wages above are calculated based on 2,184 hours per year.

Job Title Step A Step B Step C Step D Step E
Police Officer Monthly 8,557.95 8,985.84 9,435.12 9,906.87 10,402.21 For Detective and Bi-weekly 3,949.82 4,147.31 4,354.67 4,572.40 4,801.02 School Resource Officer Hourly 49.37 51.84 54.43 57.16 60.01 Police Sergeant Monthly 10,310.61 10,826.15 11,367.47 11,935.83 12,532.61 Bi-weekly 4,758.74 4,996.69 5,246.52 5,508.85 5,784.28
Hourly 59.48 62.46 65.58 68.86 72.30
Note: Hourly wages above are calculated based on 2,080 hours per year. 123
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File Attachments for Item:

R. Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public 124
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Remote Public Meetings Page 1 of 3

CITY COUNCIL AGENDA REPORT
Meeting Date: December 15, 2022
From: Clay Holstine, City Manager
Subject: Adoption of a Resolution Declaring the Continued Need to Conduct City Council, Commission and Committee Meetings Remotely Due to Health and Safety Concerns for the Public

COMMUNITY GOAL RESULTS
Safe Community
Ensuring Public Meetings Remain Open to the Public

RECOMMENDATION
Staff recommends that the City Council adopt a resolution declaring the need to continue conducting the meetings of the City Council, Commissions, and Committees remotely due to health and safety concerns.

BACKGROUND
In 2020 and 2021, the Governor signed various Executive Orders that allowed meetings of public agencies to be conducted remotely due to the COVID-19 pandemic and the need to protect the public and governmental officials. In additional, County Health Officers issued Health Orders requiring masks indoors in public places, regardless of vaccination status and that social distancing be observed. As a result, the City has been conducting its public meetings via zoom, thereby ensuring the right of the public to participate in public meetings but keeping the public, City Council, Committees, and Commissions, and City staff safe. There have been no cancelled meetings due to technical or related difficulties arising out of conducting meetings remotely. 125
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Notwithstanding the availability of a vaccine and boosters, and the reduction of COVID related cases in the Bay Area and the State, COVID-19 variants (Delta and Omicron) have continued to spread and infect individuals. To address the need to continue to allow public agencies to conduct meetings remotely, in September 2021, AB 361 was enacted. AB 361 amends the Brown Act to permit local legislative bodies to continue to meet remotely until January 1, 2024 provided:
• The local legislative body is meeting during a declared state of emergency • State or local health officials have imposed or recommended measures to promote social distancing
• The local legislative body has determined that there is a need to hold public meetings remotely due to imminent risks to the health or safety of attendees
Monthly since September 2021, the City Council has determined that the requirements of AB 361 have been met, namely, the declared state of emergency proclaimed by the state (as well as one by the City) remains in place; state and local health officials continue to recommend that residents observe social distancing and take other protective measures, including that masks to be worn on public transportation and in certain government buildings, and recommending masks be work in confined spaces open to the public; and that there is a need to hold public meetings remotely due to imminent risks to the health and safety of attendees. The Council therefore has adopted Resolutions directing that the City continue to conduct public meetings normally scheduled for City Hall via Zoom to protect the health and safety of the public.

The Brown Act as amended by AB 361 requires that every 30 days the City Council review its decision not to hold in-person public meetings at City Hall and to specifically determine whether holding remote and/or hybrid public meetings continues to meet the requirements of the Brown Act as amended.

City Council last made the necessary findings on November 17, 2022 to extend meeting remotely for 30 days. Adoption of this resolution will extend meeting remotely through January 14, 2023. Because City Council is not expected to meet in regular session after the first of the year until January 19. 2023, Council will need to meet in a special meeting before January 14, 2023 if it wants to continue meeting remotely after that date. 126
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Remote Public Meetings Page 3 of 3

DISCUSSION
The state of emergency issued by the Governor remains in place but will end on February 28, 2023. Nevertheless, San Mateo County’s Health Officials continue to provide guidance to prevent the spread of COVID and keep people safe and have incorporated the Center for Disease Control’s recommendations in that regard, e.g., social distancing is recommended for indoor public meetings where unvaccinated individuals may be present, especially for those who are at a higher risk of getting very sick from COVID. In addition, persons with health conditions may want to attend City Council meetings but would put themselves at risk of becoming ill if they had to attend in person. Therefore, the requirements to allow public meetings to be conducted remotely continue: there is a declared state of emergency; health officials have imposed measures to prevent the spread of the virus and to promote social distancing; and there continues to be a need to hold public meetings remotely due to imminent risks to the health and safety if Council meetings were not conducted remotely.

ACTION
Staff recommends that the City Council adopt the attached Resolution making the findings required under AB 361, to require the public meetings of the City Council, Commissions and Committees normally scheduled for City Hall through January 14, 2023 be held remotely or in a hybrid fashion to protect the health and safety of the public.

More significantly, because the State’s declaration of emergency due to COVID-19 will end on February 28, 2023, Council, as a whole, will no longer be authorized to meet remotely thereafter. Council members who want to attend meetings remotely will need to follow the technological conferencing requirements of the Brown Act, for example, a quorum of the Council must be within the jurisdiction, the agenda must reflect where the Council member will be, the Councilmember must post the agenda at that location, the location must be accessible by the public, all votes done by roll call, etc.

FISCAL IMPACT
There is no fiscal impact.

Attachment: 1. Resolution 2022-XX

Clay Holstine, City Manager
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RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

DECLARING THE NEED FOR THE CITY COUNCIL, COMMISSIONS

AND COMMITTEES TO CONTINUE TO MEET REMOTELY IN ORDER

TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and
WHEREAS, on March 19, 2020, the City Council ratified and confirmed the Director of Emergency Service’s proclamation of a local emergency which allowed staff to expeditiously respond to the emergency circumstances caused by the pandemic; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.

Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up Zoom meetings for all City Council, Committee and Commission meetings; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS, since issuing Executive Order N-08-21, the Delta and Omicron variant has emerged,causing a spike in COVID-19 cases throughout the state; and WHEREAS, in 2021, in response to the Delta and Omicron variant, the San Mateo County Health Department ordered all individuals to wear masks when inside public spaces and maintain social distancing; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 into law, amending the Brown Act to permit local legislative bodies, including the City Council, to meet remotely provided it is meeting during a declared state of emergency, state or local officials have imposed or recommended measures to promote social distancing, and the Council believes there is a need to meet remotely to protect against imminent risks to the health and safety of potential public attendees; and WHEREAS, cases involving COVID 19, including the Delta and Omicron variant continue to exist, the City Council is concerned about and desire to protect the health and safety of individuals who might otherwise attend Council, Committee and Commission meetings;
WHEREAS, the City Council of the City of Brisbane has adopted Resolutions in 2021 128
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and 2022 declaring the need for the City Council, Committees, and Commissions to continue to meet remotely in order to ensure the health and safety of the public; and WHEREAS, the City Council does hereby find that the above described conditions of serious threat to the public health, safety, and welfare continue at this time; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRISBANE RESOLVES AS FOLLOWS:

1. In compliance with AB 361, the City Council has reviewed and makes the followingfindings:
a. The State, San Mateo County and the City have each proclaimed a state of emergency due to the Coronavirus pandemic;
b. San Mateo County has issued a public health order requiring that individuals in many public spaces wear masks and socially distance and recommending that individuals in enclosed public spaces wear masks, but the City cannot maintain social distancing for the public, staff, councilmembers, commissioners, and committee members in its meeting spaces; and c. The City Council has considered these circumstances and concludes that the City Council, City Commissions and City Committees must meet remotely due to imminent risks to the health and safety of attendees if the Council, Commissions or Committees were to meet in City facilities.

2. Based on the foregoing, the City Council declares that to protect the safety and health of the public, City Council, Commissions and Committees, meetings will continue to be conducted remotely for the next 30 days in compliance with AB 361.

3. The City Council will revisit the need to conduct public meetings remotely within 30 days after December 15, 2022.
_________, Mayor
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PASSED, APPROVED AND ADOPTED by the Brisbane City Council at a regular meeting on December 15, 2022.

I hereby certify that the foregoing resolution was adopted by the City Council at a special meeting held on December 15, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ingrid Padilla, City Clerk
Approved as to form:

Thomas McMorrow, City Attorney
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REMOTE PUBLIC MEETINGS_ATTACHMENT 3
1 ENROLLED SEPTEMBER 15, 2021
PASSED IN SENATE SEPTEMBER 10, 2021
PASSED IN ASSEMBLY SEPTEMBER 10, 2021
AMENDED IN SENATE SEPTEMBER 03, 2021
AMENDED IN SENATE AUGUST 30, 2021
AMENDED IN SENATE JULY 06, 2021
AMENDED IN ASSEMBLY MAY 10, 2021
AMENDED IN ASSEMBLY APRIL 06, 2021
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

ASSEMBLY BILL
NO. 361
Introduced by Assembly Member Robert Rivas
February 01, 2021
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. 131
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2 LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public. The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risksto the health orsafety of attendees, as provided.
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3 This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to accessthe meeting and addressthe legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measuresto promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.

This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public 133
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REMOTE PUBLIC MEETINGS_ATTACHMENT 3
4 seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location.

Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and addressthe meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizationsin connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to addressthe legislative body.

With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature’sintent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public accessto state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
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5 (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

DIGEST KEY
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no

BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 89305.6 is added to the Education Code, to read:
89305.6.
(a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. 135
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REMOTE PUBLIC MEETINGS_ATTACHMENT 3
6 (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time.

REMOTE PUBLIC MEETINGS_ATTACHMENT 3
7 (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2.

Section 11133 is added to the Government Code, to read:
11133.
(a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. (b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal 137
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8 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time.

Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f) Allstate bodies utilizing the teleconferencing proceduresin thissection are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3.

REMOTE PUBLIC MEETINGS_ATTACHMENT 3
9 (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public.

During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to addressthe legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority membersfrom regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
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10 (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency.
(D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the 140
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11 meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to addressthe legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period forthe agenda item, orthe opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). 141
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12 (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1.

Section 54953 of the Government Code is amended to read:
54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public.

REMOTE PUBLIC MEETINGS_ATTACHMENT 1
13 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority membersfrom regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
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14 (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency.
(D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to addressthe legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period forthe agenda item, orthe opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the 144
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REMOTE PUBLIC MEETINGS_ATTACHMENT 1
15 opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4.

Section 54953 is added to the Government Code, to read:
54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public.

During the teleconference, at least a quorum of the members of the legislative body shall 145
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REMOTE PUBLIC MEETINGS_ATTACHMENT 1
16 participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to addressthe legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority membersfrom regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024. 146
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17 SEC. 4.1.

Section 54953 is added to the Government Code, to read:
54953.
(a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public.

REMOTE PUBLIC MEETINGS_ATTACHMENT 1
18 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority membersfrom regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 5.

Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this billshall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6.

It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7.

The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of 148
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19 subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8.
(a) The Legislature finds and declaresthat during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members ofstate bodies and reduced work hours spent traveling to and from meetings.
(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location.
(2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protectsthe personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.
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20 SEC. 9.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.
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File Attachments for Item:

T. Consider adoption of Resolution adopting the County of San Mateo’s Certification of Votes and declaring results to fill 2 four-year term Council Seats at the General Municipal Election held on November 8, 2022
151
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Municipal Election City Council Race Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: December 15, 2022
From: Ingrid Padilla, City Clerk
Subject: Adopt Resolution Adopting the County of San Mateo’s Certification of Votes and Declaring Results of the General Municipal Election held on November 8, 2022 to fill two City Council Seats Recommendation:

Adopt Resolution No. 2022-XX adopting the County of San Mateo’s Certification of Votes and Declaring Results of the General Municipal Election held on November 8, 2022 to fill two City Council seats.

Background:

On June 16, 2022, the City Council adopted Resolution No. 2022-48 calling a General Municipal Election to be held on Tuesday, November 8, 2022 and adopting procedures pertaining to the conduct and administration of such election including requesting the San Mateo County Clerk-Recorder to provide specified election services. Resolution No. 2022-48 calls for an election to fill two City Councilmember seats for a term of four years.

Discussion:

The attached Resolution declares the results of the election that was held on November 8, 2022. Madison Davis and Terry O'Connell were re-elected to serve on the City Council through December 2026.

Attachment:

1. Resolution 2022-XX
Ingrid Padilla, City Clerk Clayton Holstine, City Manager 152
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ATTACHMENT 1
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

ADOPTING COUNTY OF SAN MATEO CERTIFICATION OF VOTES

AND DECLARING RESULTS TO FILL TWO COUNCIL SEATS AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022
WHEREAS, a General Municipal Election was held in and throughout the City of Brisbane on the 8th day of November, 2022, to submit the candidates to fill two Council seats for four-year terms to the qualified electors; and WHEREAS, the City Clerk of said City has duly posted and presented to the City Council of the City of Brisbane the County of San Mateo’s certification of the votes cast in said General Municipal Election; and
WHEREAS, said City Council has access to and has examined said certification of votes cast in said election.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brisbane finds as follows:

1. The total number of votes cast was 1,834.

2. That the record of votes cast in said election is shown on Exhibit “A” of the Certificate of the Chief Elections Official, attached hereto, and by such reference made a part hereof.

3. That Madison Davis and Terry O'Connell were elected to fill the offices of Councilmember for a term ending in December 2026 and the City Clerk is hereby directed to issue a Certificate of Election to the persons, certifying each person’s election to the office appearing after their name, and to administer to the elected persons the oath of office prescribed by the Constitution of the laws of the State of California.

Coleen Mackin, Mayor
153
T.

I hereby certify that the foregoing Resolution No. 2022-xx was duly and regularly adopted by the City Council of the City of Brisbane, at a regular meeting held thereof on December 15, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Ingrid Padilla
City Clerk
154
T.

CERTIFICATE OF THE CHIEF ELECTIONS OFFICER
In the matter of the CANVASS OF VOTES CAST )
at the STATEWIDE GENERAL ELECTION )
held on November 8, 2022 )
I, MARK CHURCH, Chief Elections Officer of the County of San Mateo, State of California, hereby certify:

THAT an election was held within the boundaries of the CITY OF BRISBANE on Tuesday, November 8, 2022, for the purpose of electing two (2) Council Members for four (4) year terms; and I caused to have processed and recorded the votes from the canvass of all ballots cast at said election within the boundaries of the CITrr OF BRISBANE.

I HEREBY FURTHER CERTIFY that the record of votes cast at said election is set forth in Exhibit "A" attached hereto and incorporated herein by reference as though fully set forth at length.

IN WITNESS WHEREOF, I hereunto affix my hand and seal this 8th day of December, 2022, and file this date with the City Clerk of the CITY OF BRISBANE.
^t

MARK CHURCH
Chief Elections Officer &
Assessor-County Clerk-Recorder
155
T.
156
T.

San Mateo
San Mateo 2022 Statewide General Election
Statement of the Vote - Precincts
November 8, 2022
1 City of Brisbane Members, City Council
50001
50006
Total-Vote Centers
Total-Vote by Mail
Contest Total
Total
Total
31 II
2948
0 2948
2948
2948
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1834
0 202
1632
1834
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62.21 %

6.85 %

55.36 %

62.21 %
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1055
111
944
1055
0 Q
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933
103
830
933
£
11 854
102
752
854
' Indicates vote data was suppressed due to voter privacy settings.

Section A Page ios of 193
157
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159
T.

File Attachments for Item:

Y. Consider Adoption of Resolution authorizing the Mayor to sign the Fourth Amendment to the City Manager’s Employment Agreement increasing the Manager’s salary by 3% in January 2023 and extending the term of the Agreement to December 31, 2023 (If approved by the Council, the City Manager’s salary would be $11,371 bi-weekly) 160
Y.

CITY COUNCIL AGENDA REPORT
Meeting Date: December 15, 2022
From: City Attorney Thomas R. McMorrow
Subject: Fourth Amendment to City Manager’s Employment
Agreement
Community Goal Results
Fiscally Prudent
Recommendation
Adopt the attached resolution authorizing the Mayor to sign the Fourth Amendment to the City Manager’s Employment Agreement increasing the Manager’s salary by 3% in January 2023 and extending the term of the Agreement to December 31, 2023 Background
In April 2022, after conducting a salary survey of City Managers in the Bay Area, City Council approved a Third Amendment to the City Manager’s 2019 Employment Agreement. That Amendment involved a salary increase and extending the term of the Agreement to December 31, 2022. For a variety of reasons, City Council has requested Mr. Holstine to remain as City Manager beyond December 31, 2022 and he has agreed to do so.

Discussion
The attached resolution authorizes the Mayor to sign a Fourth Amendment to the City Manager’s Employment Agreement increasing his salary as of the first full pay period in January by 3% and extending the term of the Agreement to December 31, 2023. If approved by the Council, the City Manager’s salary would be $295,651 annually ($11,371 bi-weekly). The 3% increase is consistent with salary increases that other City employees are receiving. Other terms and conditions in the Agreement, as amended, remain in effect.

Fiscal Impact
There are funds budgeted to cover this increase.
_____________________________________________
Thomas R. McMorrow, City Attorney
Attachment: Resolution authorizing the Mayor to sign Fourth Amendment
161
Y.

ATTACHMENT 1
RESOLUTION NO. 2022-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE APPROVING THE FOURTH AMENDMENT TO THE JULY 18, 2019 EMPLOYMENT AGREEMENT WITH THE CITY MANAGER WHEREAS, Clayton Holstine is the appointed City Manager of the City of Brisbane and currently serves under an Employment Agreement between the City and Mr. Holstine dated July 18, 2019, as amended; and WHEREAS, the City and Mr. Holstine wish to amend the Employment Agreement concerning the term of the Agreement and to revise the salary schedule for the City Manager, as set forth in the attached Exhibit A.

NOW, THEREFORE, the City Council of the City of Brisbane resolve as follows:

Section 1. The pay schedule for the City Manager, as of the first full pay period of January 2023 and thereafter, as provided in the City Manager Employment Agreement, as amended, is confirmed.

Section 2. Appendix A to the Employment Agreement, as amended, sets forth the pay rate and pay schedule for the City Manager’s salary, which Appendix satisfies the requirements of a publicly available pay schedule as set forth in Government Code Section 20636.

Section 3. The Fourth Amendment to the July 18, 2019 Employment Agreement between the City and Clayton Holstine is approved, and the Mayor is authorized to sign such Amendment.

Section 2. The City Clerk is directed to post the Fourth Amendment, once fully executed, including Appendix A, on the City’s website under “City Manager’s Contract”.

Section 3. This Resolution shall take effect immediately upon adoption. _____________, Mayor
I hereby certify that the foregoing Resolution was adopted as a regular agenda item at a special scheduled meeting of the Brisbane City Council on December 15, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
Ingrid Padilla, City Clerk
162
Y.

Appendix A
Effective Date: 01/02/2023

3.0% Increase
Job Title Salary
City Manager Monthly $24,637.60
Bi-weekly $11,371.20
Hourly $142.14

CITY OF BRISBANE
City Manager
163
Y.

File Attachments for Item:

Z. Consider Adoption of Resolution to Amend the Master Pay Schedule 164
Z.

Approve Resolution to Amend the Master Pay Schedule Page 2 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: December 15, 2022
From: Abby Partin, Human Resources Administrator
Subject: Resolution to Amend the Master Pay Schedule
Community Goal/Result
Fiscally Prudent
Purpose
To ensure the City maintains competitive pay rates to retain qualified, stable and dedicated workforce for the community.

Recommendation
Adopt the attached resolution to amend the Master Pay Schedule.

Background and Discussion
On November 4, 2016, CalPERS issued Circular Letter 200-050-16, clarifying that pay schedules for “local agencies”, such as the City of Brisbane, must comply with Government Code Section 20636 and CCR section 570.5. If an agency does not meet the requirements outlined in GC Section 20636 and CCR section 570.5, CalPERS may determine an amount that may be considered to be the pay rate.

On May 17, 2017, in compliance with State law and regulations, the City began posting a master pay schedule that combines all of the pay schedules, including Council Member and Commissioner pay, together in one document as the master pay schedule, to avoid possible issues with CalPERS.

On December 15, 2022, the City Council approved an amendment to the City Manager’s employment contract that revised his pay schedule as follows:
• Monthly – $24,637.60
• Bi-weekly – $11, 371.20
• Hourly - $ 142.14
The following bargaining groups will also receive a 3% pay increase: MidManagement/Professional Employees and Brisbane Police Officers Association.

These new rates will become effective the full pay period in January 2023 and the updated master pay schedule will reflect all the new pay rates.

Staff recommends City Council adopt the attached resolution so that the City remains in compliance with GC Section 20636 and CCR section 570.5. 165
Z.

Approve Resolution to Amend the Master Pay Schedule Page 2 of 2 Fiscal Impact
The costs are included in the adopted budget for fiscal year 2022-23 and ensuing budget year.

Measure of Success
The City is able to maintain a stable and high quality workforce.

Attachments

1. CalPERS Circular Letter 200 500 16 Agreement

2. Resolutions 2022-XX
_________________________ ________________________
Abby Partin, Human Resources Clay Holstine, City Manager Administrator
166
Z.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

ADOPTING MASTER PAY SCHEDULES

FOR ALL EMPLOYEES
WHEREAS, the City of Brisbane contracts with the California Public Employee’s Retirement System (CalPERS) to provide retirement benefits for its employees; and WHEREAS, pursuant to the California Code of Regulations, Title 2, Section 570.5 CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
WHEREAS, the pay schedule must identify the position title for every employee position, pay rate for each position title, and the applicable time base for the pay rate; and WHEREAS, the City Council of the City of Brisbane desires to approve and adopt a publicly available Master Pay Schedule, showing all established employee positions and pay rates, in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5;

WHEREAS,
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The Master Pay Schedule as set forth in Exhibit A is approved and is incorporated by reference as though fully set forth herein.Section 1. Resolution Number 2000- _________________

Mayor
I hereby certify that the foregoing Resolution No. 2022-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on December 15, 2022, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
167
Z.

California Public Employees’ Retirement System
P.O. Box 942715
Sacramento, CA 94229-2715
(888) CalPERS (or 888-225-7377)
TTY: (877) 249-7442
www.calpers.ca.gov

Circular Letter: 200-050-16
Distribution: IV, V, VI, X, XII, XVI
Circular Letter November 4, 2016
TO: ALL CALPERS EMPLOYERS
SUBJECT: STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION

EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES
Accurate Payroll reporting is crucial for providing accurate member benefits. The purpose of this letter is to remind employers of the requirements for compensation earnable and publicly available pay schedules.

Compensation Earnable
Only those pay amounts that meet the definition of compensation earnable are used when calculating retirement benefits. For more information about compensation earnable, please refer to the Public Employees’ Retirement Law (PERL) Government Code (GC) sections 20636 and 20636.1 which define compensation earnable for State, School, and Public Agency members. Compensation earnable is further clarified by California Code of Regulations (CCR) Section 570.5.

All employers must comply with the compensation earnable provisions and corresponding regulations of the PERL. Where employers fail to comply, pay amounts will be determined to not constitute payrate, and accordingly, CalPERS will be unable to use such pay amounts when calculating members’ retirement benefits.

Requirement for Publicly Available Pay Schedules
To meet the definition of compensation earnable, an amount of pay must either constitute payrate or special compensation as defined in the statutes. GC section 20636(d) further requires that payrate and special compensation schedules, ordinances, or similar documents are public records.

Employers must review their pay schedules to verify that all members’ pay amounts are included within a publicly available pay schedule.
168
Z.

Circular Letter: 200-050-16
November 4, 2016

Page 2 ends

Brisbane City CouncilDecember 15, 2022

Brisbane City Council
December 15, 2022