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CITYof BRISBANE
Thursday, November 2, 2023 at 7:30 PM ● Hybrid Meeting 50 Park Place, Brisbane, CA Amended 10.30.23
The public may observe/participate in City Council meetings using remote public comment options or attending in person. City Council members shall attend in person unless remote participation is permitted by law. The City Council may take action on any item listed in the agenda.
TO ADDRESS THE COUNCIL
IN PERSON
Location: 50 Park Place, Brisbane, CA 94005, Community Meeting Room Masking is not required but according to the California Department of Public Health guidelines, people at higher risk for severe illness should consider masking. To help maintain public health and safety, we respectively request that people not attend in-person if they are experiencing symptoms associated with COVID-19 or are otherwise ill and likely contagious (e.g., respiratory illnesses).
To address the City Council on any item – whether on the posted agenda or not – please fill out a Request to Speak Form located in the Community Meeting Room Lobby and submit it to the City Clerk. Speakers are not required to submit their name or address.
REMOTE PARTICIPATION
Members of the public may participate in the City Council meeting by logging into the Zoom Webinar listed below. City Council meetings may also be viewed live and/or on-demand via the City’s YouTube Channel, youtube.com/brisbaneca, or on Comcast Ch. 27. Archived videos may be replayed on the City’s website, brisbaneca.org/meetings. Please be advised that if there are technological difficulties, the meeting will nevertheless continue if remote participation is available.
The agenda materials may be viewed online at brisbaneca.org at least 72 hours prior to a Regular Meeting, and at least 24 hours prior to a Special Meeting.
Remote Public Comments:
Remote meeting participants may address the City Council. We also encourage you to submit public comments in writing in advance of a meeting. Aside from commenting personally 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 agenda item.
Email: [email protected] or 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
Call In Number: 1 (669) 900-9128
Note: Callers dial *9 to “raise hand” and dial *6 to mute/unmute.
City Council Meeting Agenda
1 November 2, 2023 - 2 - 7:30 PM
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 4pm of the day of the meeting will be available for public inspection at the front lobby in City Hall and on the internet (brisbaneca.org/meetings). Any writings that are received after 4pm of the day of the meeting will be available on the internet at the start of the meeting (brisbaneca.org/meetings), at which time the materials will be distributed to the Council.
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
ADOPTION OF AGENDA
AWARDS & PRESENTATION
B. Proclaim November as National Native American Heritage Month C. Proclaim November 12-18, 2023 as United Against Hate Week ORAL COMMUNICATIONS NO. 1
CONSENT CALENDAR
D. Approve Minutes of City Council Meeting of October 19, 2023 E. Approve Minutes of City Council Closed Session Meeting of October 19, 2023 F. Approve Minutes of City Council Special Meeting of October 19, 2023 G. Accept Investment Reports as of September 2023
NEW BUSINESS
H. Consider Adopting a Resolution Certifying the Appointment of Clayton Holstine as Interim City Manager in Compliance with the California Public Employees Retirement Law and Authorizing the Mayor to Sign an Employment Agreement with Mr. Holstine
OLD BUSINESS
I. Consider Adoption of Resolution to Amend the Master Pay Schedule 2 November 2, 2023 - 3 - 7:30 PM
J. Receive Information and Consider Providing Direction on Playground Resurfacing Project Utilizing Per Capita Grant Funds from State Proposition 68
STAFF REPORTS
K. City Manager’s Report on Upcoming Activities
MAYOR/COUNCIL MATTERS
L. Countywide Assignments and Subcommittee Reports
M. Written Communications
ORAL COMMUNICATIONS NO. 2
ADJOURNMENT
3 File Attachments for Item:
D. Approve Minutes of City Council Meeting of October 19, 2023 4 BRISBANE CITY COUNCIL
ACTION MINUTES
JOINT CITY COUNCIL MEETING AGENDA
THURSDAY, OCTOBER 19, 2023
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Davis called the meeting to order at 7:31 P.M. and led the Pledge of Allegiance.
ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No Councilmembers made a request to attend the meeting remotely.
Councilmembers present: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Councilmembers absent: None
Staff Present: City Manager Holstine, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen, Legal Counsel Roush, City Engineer Breault, Community Development Director Swiecki, Police Commander Garcia, and Management Analyst Ibarra
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that both liability claims were accepted by the Council as recommended by the insurance provider.
ADOPTION OF AGENDA
Councilmember Cunningham made a motion, seconded by Council Mackin, to adopt the agenda as it stands.
The motion was passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
5 D.
City Council Meeting Minutes
October 19, 2023
ORAL COMMUNICATIONS NO. 1
Matthew Beeston from Local 217 San Mateo spoke about the importance of supporting the Carpenters’ Union and having labor standards in the community.
CONSENT CALENDAR
B. Approve Minutes of City Council Meeting of September 21, 2023 C. Approve Minutes of City Council Meeting of October 5, 2023 D. Adopt an Ordinance, Waiving Second Reading, Amending Chapter 10.52 of the Brisbane Municipal Code to Incorporate Transportation Demand Management (TDM) Requirements (This ordinance is statutorily exempt from environmental review under CEQA Guidelines Section15183(a) - Projects Consistent with a Community Plan or Zoning, and categorically exempt from environmental review under CEQA Guidelines Section 15308 - Actions by Regulatory Agencies for Protection of the Environment)
Councilmember O’Connell made a motion, seconded by Council Cunningham, to approve Consent Calendar Items B-D. The motion was passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
OLD BUSINESS
E. Information Report Concerning Development Impact Fees Legal Counsel Roush provided the following status updates to Council concerning Development Impact Fees:
1. DIF for Parkland. Park and Recreation Facilities, Open Space and Trails. The nexus study for this DIF has been completed and will be presented to the City Council when the other studies have been completed.
2. DIF for Affordable Housing. The nexus study for this DIF has been completed and will be presented to the City Council when the other studies have been completed.
Update on Development Impact Fees
3. DIF for Traffic. Council will adopt at its October 19 meeting the Traffic Demand Management Ordinance that will provide the framework for a Traffic DIF. Preparation of the nexus study for this DIF will occur later this year. When the study is completed, the DIF will be presented to City Council along with the other studies. 6 D.
City Council Meeting Minutes
October 19, 2023
4. DIF for Capital Facilities. At the September 7 meeting, there was consensus that a DIF for Capital Facilities, such as major renovations of City Hall, a new fire station, etc., should be considered. Accordingly, as with the Traffic DIF, preparation of a nexus study for this DIF will occur later this year. Staff is developing a list of potential capital facilities that would be included in the study. When that study is completed, the DIF will be presented to City Council along with the other studies
Legal Counsel Roush added that all of the nexus studies for these various Development Impact Fees will be completed in the first quarter of the new year at which time staff will present to the City Council a complete package of Development Impact Fees.
After Council questions, Michele Salmon asked what the definition of open space is. She is concerned about the obligations to maintain facilities gained from Development Impact Fees. She is also concerned about accepting Development Impact Fees without long term financial planning.
After further Council questions, Michele Salmon asked if Council decided to approve the implementation Development Impact Fees in the future, then what are the next steps. She is concerned about more development making a negative impact on the quality of life in Brisbane.
City Clerk Padilla noted for the record that Council received written correspondence from Leesa Greenlee and Frank Kern regarding the implementation of the Parkland, Park and Recreation Facilities, Open Space and Trails Fee and Michele Salmon (10/19/23) Parkland Usage Fee.
F. Short Term Rental Program Implementation
(Council will consider providing direction to staff on the Short-term Rental Program implementation and consider authorizing the City Manager to Execute a one-year extension with Granicus to continue providing short term rental monitoring and Permitting Services. The cost of renewing the service agreement through December 2024 would be $11,430.37 to retain the current scope of services.) Community Development Director Swiecki reported that the purpose for the City Council to consider a oneyear renewal of the City’s current agreement with Granicus (Host Compliance) to provide short term rental (STR) monitoring and permitting services and provide direction regarding other implementation issues pertaining to transient occupancy tax (TOT) collection.
He added that staff is recommending to the City Council to do the following:
1. authorize the City Manager to execute a one-year extension with Granicus to continue providing Short Term Rental monitoring and permitting services.
2. Provide direction regarding the penalties for failure to remit required TOT.
3. Provide direction for City staff to explore the feasibility of collecting revenues on rental stays exceeding 30 days in length that advertise of short term rental type platforms After Council questions, no public comment and Council discussion, Councilmember O’Connell made a motion, seconded by Council Cunningham, to authorize the City Manager to execute a one-year extension with Granicus to continue providing short term rental monitoring and Permitting Services. The motion was passed 7 D.
City Council Meeting Minutes
October 19, 2023
unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
Staff was also directed by Council to return with more information regarding the following matters:
1. What happens when people are not paying 60 days and beyond of TOT?
2. Can staff provide better accounting of money collected? What is the source of the money collected?
3. Are the penalties stipulated in the Granicus’ statements/notices?
4. Should the Council consider an ordinance for “extended stay lodging” encompassing 30-90 days or 30- 120 days? Can Granicus help track this data?
5. Once the “fines tracking” count is added to the code enforcement tracking data and the new fine collection protocols are in place, are they effective practices?
NEW BUSINESS
G. Bayshore Boulevard Traffic Calming
City Engineer Breault reported that the volume and speed of traffic on Bayshore Boulevard, especially in the reach between Old County/Tunnel and San Bruno Avenue has been a topic of concern for many years. In particular, the west side of Bayshore raises concerns regarding pedestrian safety for tenants of the mobile home park. Staff has recently ordered two radar speed signs for placement on Bayshore on the approach to the mobile home park. These signs include message feedback of TOO FAST for speeding vehicles and THANK YOU for vehicles travelling at the speed limit.
City Engineer Breault added that the question now is whether Council desires to have additional traffic calming measures installed in the near term. One concept that could be put in place quickly for less than $50,000 would be the installation of low profile traffic separators.
After Council questions, Erin Becker commented she wanted to make sure large trucks do not use San Bruno Avenue to get to the 101 Freeway sooner.
After Council discussion, Councilmember O’Connell made a motion, seconded by Council Cunningham, to approve installation of low profile traffic separators and adjusting timing of traffic lights to assist with traffic calming on Bayshore Boulevard. The motion was passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
STAFF REPORTS
H. City Manager’s Report on Upcoming Activities
8 D.
City Council Meeting Minutes
October 19, 2023
City Manager Holstine reported on upcoming events and the latest City news.
MAYOR/COUNCIL MATTERS
I. Countywide Assignments and Subcommittee Reports
Councilmembers reported on their countywide assignments.
J. Written Communications
Council received the following written correspondence between 10/6-10/19/23 from the following members of the public:
• Leesa Greenlee (10/16/23) Concerning: The implementation of the Parkland, Park and Recreation Facilities, Open Space and Trails Fee,
• Frank Kern (10/18/23) Concerning: The implementation of the Parkland, Park and Recreation Facilities, Open Space and Trails Fee
• Michele Salmon (10/19/23) Parkland Usage Fee
ORAL COMMUNICATIONS NO. 2
No members of the public wished to speak.
ADJOURNMENT
Mayor Davis adjourned the meeting at 9:19 P.M.
_______________________
Ingrid Padilla
City Clerk
9 D.
File Attachments for Item:
E. Approve Minutes of City Council Closed Session Meeting of October 19, 2023 10 BRISBANE CITY COUNCIL
ACTION MINUTES
BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, OCTOBER 19, 2023
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,
BRISBANE, CA
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
Mayor Davis called the meeting to order at 7:01 P.M.
Councilmember O’Connell made a motion, seconded by Councilmember Cunningham to approve the Closed Session Agenda as it stands. The motion passed unanimously by all present:
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
D. Liability Claim: Claimant Garcia, pursuant to Government Code, section 54956.95 E. Liability Claim: Claimant Enriquez, pursuant to Government Code, section 54956.95
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that both liability claims were accepted by the Council as recommended by the insurance provider.
ADJOURNMENT
The meeting was adjourned at 7:06 P.M.
______________________
Ingrid Padilla, City Clerk
11 E.
File Attachments for Item:
F. Approve Minutes of City Council Special Meeting of October 19, 2023 12 BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL SPECIAL MEETING AGENDA
THURSDAY, OCTOBER 19, 2023
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
6:00 P.M. CALL THE SPECIAL MEETING TO ORDER
Mayor Davis called the meeting to order at 6:01 P.M.
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
There were no requests under Item A.
B. Public Comment
No members of the public made public comment.
C. Interview Executive Search Firm Teri Black and Company Teri Black from Teri Black and Company, an executive search firm, was interviewed by Council.
D. Consider Adoption of a Resolution Selecting an Executive Search Firm to Recruit for the Position of the City Manager
After some Council questions and discussion, Councilmember O’Connell made a motion, seconded by Councilmember Cunningham, to adopt a resolution selecting Teri Black and Company as the Executive Search Firm to recruit for the position of the City Manager. The motion was passed unanimously by all present.
Ayes: Councilmember Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
ADJOURNMENT
Mayor Davis adjourned the meeting at 6:56 P.M.
_______________________
Ingrid Padilla
City Clerk
13 F.
File Attachments for Item:
G. Accept Investment Reports as of September 2023
14 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 $ 5,046,993 $ 5,046,993 $ 5,046,993 0.000 110% collateral STATE FUND (LAIF) Deposit on call continuous $ 2,036,142 $ 2,036,142 $ 2,036,142 3.420 on call no rating Other Investments
FFCB 3/8/2022 $ 1,000,000 $ 1,000,000 $ 983,450 1.670 03/08/2024 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 982,530 2.400 04/22/2024 Goldman Sachs 5/1/2019 $ 246,000 $ 246,000 $ 241,931 2.750 05/01/2024 FHLB 7/26/2022 $ 1,000,000 $ 1,000,000 $ 982,110 3.350 07/26/2024 Wells Fargo Bank 9/23/2022 $ 250,000 $ 250,000 $ 245,318 3.750 09/23/2024 American Express 9/21/2022 $ 250,000 $ 250,000 $ 245,432 3.750 09/24/2024 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 955,940 1.000 09/30/2024 FHLM 12/13/2022 $ 1,000,000 $ 1,000,000 $ 992,510 5.140 12/13/2024 FHLB 3/24/2022 $ 1,000,000 $ 1,000,000 $ 950,960 2.000 03/24/2025 FHLB 4/22/2022 $ 1,000,000 $ 1,000,000 $ 959,980 2.750 04/22/2025 FHLB 7/28/2022 $ 1,000,000 $ 1,000,000 $ 975,640 4.050 07/28/2025 FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 925,950 1.300 09/30/2025 FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 990,190 4.750 10/27/2025 FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 992,200 5.000 10/27/2025 FFCB 9/12/2022 $ 1,000,000 $ 1,000,000 $ 972,710 4.125 12/12/2025 FHLM 8/28/2023 $ 1,000,000 $ 1,000,000 $ 992,310 5.700 06/28/2026 FHLB 9/29/2022 $ 1,000,000 $ 1,000,000 $ 967,530 4.150 09/29/2026 FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 919,660 2.600 03/25/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 960,610 3.500 05/26/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 948,770 3.750 05/26/2027 FHLB 9/30/2022 $ 1,000,000 $ 1,000,000 $ 975,410 5.000 09/30/2027 BNY Mellon Treasury Obligations continuous $ 1,021,010 $ 1,021,010 $ 1,021,010 5.260 on call 110% collateral Sub-total $ 19,767,010 $ 19,767,010 $ 19,182,150
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 $ 62,190 10037
U.S. Bank 2015 Utility Capital (545) Improvements Fed Treas Obl - $ 10031 Reserve Fed Treas Obl 479 $ 10032
Expense Fund Fed Treas Obl - $ 10035
BNY Mellon 2023 BGVMIDFA Bond (328) Improvements Fed Treas Obl - $ 10031 Reserve Fed Treas Obl 5,526,534 $ 10032
Expense Fund Fed Treas Obl 2,536 $ 10035
Principal Fed Treas Obl - $ 10036
Interest Fund Fed Treas Obl - $ 10037
PARS OPEB Trust Trust Cash Investments $ 3,623,668 13050 PARS Retirement Trust Trust Cash Investments $ 1,409,005 13050 Sub-total Cash with Fiscal Agents $ 10,624,414
Total other investments $ 19,767,010 $ 30,391,424 $ 19,182,150 TOTAL INVESTMENTS & CASH BALANCES $ 37,474,559 26,850,145 $ 26,265,285 $ Outstanding Loans to Department Heads
Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 318,750 $ Variable, LAIF + 1% Clay Holstine (1) 7/8/2008 300,000 - $ Paid off Dec 2016 Clay Holstine (2) 9/10/2008 200,000 125,000 $ Variable, LAIF + 1% FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 5.03%
Weighted Interest 2.87%
Weighted maturity 2.85 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
September 30, 2023
15 G.
File Attachments for Item:
H. Consider Adopting a Resolution Certifying the Appointment of Clayton Holstine as Interim City Manager in Compliance with the California Public Employees Retirement Law and Authorizing the Mayor to Sign an Employment Agreement with Mr. Holstine 16 Resolution Certifying the Appointment of Clayton Holstine as Interim City Manager
CITY COUNCIL AGENDA REPORT
Meeting Date: November 2, 2023
From: Abby Partin, Human Resources Director
Subject: Resolution Certifying the Appointment of Clayton Holstine as Interim City Manager in Compliance with the California Public Employees Retirement Law and Authorizing the Mayor to Sign an Employment Agreement with Mr. Holstine Community Goal/Result
Safe Community, Community Building, 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 the attached resolution certifying that the appointment of Clayton Holstine as Interim City Manager, effective January 2, 2024, is in compliance with the California Public Employees Retirement Law and authorize the Mayor to sign an Employment Agreement with Mr. Holstine concerning the interim appointment.
Background
After twenty-five (25) years of service to the City of Brisbane as the City’s City Manager, Clayton Holstine will retire on December 27, 2023. The City Council is actively recruiting for his replacement, but it is not likely that the Council will complete that recruitment and make an appointment for a new City Manager until some time after Mr. Holstine’s retirement. The City Council has requested Mr. Holstine to continue to serve as City Manager on an interim basis until the City Council makes a permanent appointment; Mr. Holstine has agreed.
A person who retires from a local agency, such as the City of Brisbane, may under certain conditions be rehired by that local agency without jeopardizing that person’s entitlement to receive retirement benefits from the California Public Employees Retirement System (“CalPERS”).
Such a person is called a “retired annuitant”. Generally, under the California Public Employees Retirement Law, a retired annuitant is not eligible to be hired by a local agency that contracts with CalPERS until 180 days have passed since the person’s retirement. The Retirement Law, however, provides an exception when certain conditions are met and when the local agency that wants to hire a retired annuitant.
To fall within the exception, the local agency must adopt a resolution certifying to CalPERS that certain conditions will be met. Those conditions include: the person has not accepted any 17 H.
Resolution Certifying the Appointment of Clayton Holstine as Interim City Manager
retirement related incentives, such as a “Golden Handshake”; the local agency is actively searching for a permanent appointment to the position; the appointment may only be made once; the governing board of the local agency has reviewed and approved the appointment agreement; the interim appointment and certification resolution must be done as a regular agenda item; the number of hours the retired annuitant may work in any fiscal year is limited to 960; and the hourly rate to be paid the retired annuitant will not exceed the hourly rate paid to other employees performing comparable work; that the retired annuitant will not receive any other benefits, incentives or compensation other than the hourly rate; and the appointment is necessary to fill a critically needed position.
For the following reasons, all the above boxes have been or will be checked.
Discussion
The City has not offered Mr. Holstine any retirement-related incentives, such as a Golden Handshake. The City Council is actively recruiting Mr. Holstine’s replacement, but that appointment will likely not occur until after Mr. Holstine’s retirement. The item is on the Council’s regular agenda. The appointment agreement has been presented to the City Council and the Council has been asked to approve it. The agreement provides, consistent with the Retirement Law, that Mr. Holstine may not work more than 960 hours in any fiscal year for any local agency that contracts with CalPERS for retirement benefits and the hourly rate to be paid to Mr. Holstine ($142) is the same hourly rate that the City will be paying him at the time of his retirement on December 27, 2023. Given the numerous issues facing the City, such as negotiations concerning the Baylands, High Speed Rail litigation, and development of the Quarry property, all of which Mr. Holstine has had extensive involvement, and in light that the City does not have an Assistant or Deputy City Manager who could serve on an interim basis, Mr. Holstine’s appointment to Interim City Manager is necessary in order to fill a critically needed position.
Accordingly, staff recommends City Council adopt the attached resolution certifying that Mr.
Holstine’s appointment as Interim City Manager is in compliance with the California Public Employees Retirement Law and Council authorize the Mayor to sign the attached Employment Agreement with Mr. Holstine.
Fiscal Impact
The fiscal impact of this position will be included in the current budget.
Measure of Success
The City is able to maintain a stable and high quality workforce. 18 H.
Resolution Certifying the Appointment of Clayton Holstine as Interim City Manager
Attachments
1. Resolution 2023-XX
2. Retired Annuitant Contract
___________________________________ ___________________________________ Abby Partin, Human Resources Director Tom McMorrow, City Attorney 19 H.
RESOLUTION NO 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
CERTIFYING THE APPOINTMENT OF CLAYTON HOLSTINE AS INTERIM CITY MANAGER IN COMPLIANCE WITH THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT LAW AND AUTHORIZING THE MAYOR TO SIGN AN EMPLOYMENT AGREEMENT WITH MR. HOLSTINE
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Law, the City of Brisbane must provide CalPERS a certification resolution when hiring a retiree before 180 days has passed since the retiree’s retirement date; and
WHEREAS, Clayton Holstine will retire from the City of Brisbane in the position of City Manager, effective December 27, 2023; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 27, 2024 without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City of Brisbane, as employer and Clayton Holstine certify that Mr.
Holstine has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the City Council of the City of Brisbane authorized the search for a permanent appointment on (date); and
WHEREAS, the City Council of the City of Brisbane hereby appoints Clayton Holstine as an interim appointment retired annuitant to the vacant position of City Manager for the City of Brisbane under Gov. Code section 21221(h), effective January 2, 2024; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on no later than June 30, 2024; and
20 H.
WHEREAS, the entire employment agreement, contract or appointment document between Clayton Holstine and the City of Brisbane has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum and minimum base salary for this position is $142.14 and the hourly equivalent is $142; and
WHEREAS, the hourly rate paid to Clayton Holstine will be $142; and WHEREAS, Clayton Holstine has not and will not receive any other benefit incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:
The City Council of the City of Brisbane hereby certifies the nature of the employment of Clayton as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of City Manager for the City of Brisbane by January 2, 2024 because Mr. Holstine has served as City Manager for the City of Brisbane for nearly 25 years, is familiar with the numerous issues facing the City, the City does not have an Assistant or Deputy City Manager who could assume this position, and the City is actively recruiting for a permanent City Manager.
_________________
Madison Davis, Mayor
21 H.
I hereby certify that the foregoing Resolution No. 2023-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on November 2, 2023, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
___________________
Ingrid Padilla, City Clerk
Approved as to form:
_____________________________
Thomas R. McMorrow, City Attorney
22 H.
1 AGREEMENT FOR TEMPORARY EMPLOYMENT
OF A RETIRED ANNUITANT
THIS AGREEMENT, effective January 2, 2024, is between the CITY OF BRISBANE, a municipal corporation of the State of California, “City”, and CLAYTON HOLSTINE, “Retired Annuitant.”
RECITALS
WHEREAS, City requires extra help to perform work of a specialized skill for a limited duration; and
WHEREAS, Retired Annuitant served as City Manager of City for over 25 years and will utilize his expertise as a former City Manager which is critically important for the City until the Brisbane City Council appoints a new City Manager; and
WHEREAS, Retired Annuitant has significant experience as a long time City Manager making him well qualified to serve as an interim City Manager; and WHEREAS, The Retired Annuitant is knowledgeable and skilled on matters related to the duties and functions of a City Manager and City wishes to have Retired Annuitant perform these necessary on-going duties and functions for a limited duration; and WHEREAS, Section 21224 of the California Government Code authorizes the Retired Annuitant as a person with specialized skills needed in performing work of limited duration, provided, that (1) the appointment does not exceed a combined total of 960 hours per fiscal year, (2) the compensation does not exceed the maximum monthly base salary paid to other employees performing comparable duties based on an hourly rate, and (3) the retired annuitant does not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate; and
NOW THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein, the parties hereto agree as follows:
1. Effective Date and Term of Agreement: This Agreement shall be effective January 2, 2024 (“Effective Date”), and shall terminate automatically at midnight on June 30, 2024 provided, however, the parties may extend the term of this Agreement provided that such extension is permitted by law.
2. Compensation and Work Schedule:
a. Appointment and Scope of Services: Pursuant to this Agreement, Retired Annuitant shall temporarily perform the duties of City Manager as well as any key special assignments as may be necessary as determined by the Brisbane City Council. Such employment is “at will” and is subject to the terms of this Agreement. The Retired Annuitant shall perform said duties at the pleasure of and under the direct supervision of the Brisbane City Council. 23 H.
2 b. Rate of Pay: Retired Annuitant shall be paid at the rate of $142 per hour, which represents hourly rate of City’s current salary schedule for City Manager.
Payments will be made on regularly scheduled City payroll dates, and shall be subject to all applicable payroll taxes and withholdings. Such compensation shall be the sole compensation for services under this Agreement. c. Work Schedule and 960-Hour Limitation:
Retired Annuitant is expected to devote the necessary time, within and outside normal business hours, to the business of the City. However, pursuant to Government Code section 21224, Retired Annuitant may work a maximum 960 hours per fiscal year for all public employers that contract with CalPERS for retirement benefits. The City Council retains the right to designate, reduce, change, or amend the number of hours assigned to Retired Annuitant consistent with workload and other needs. Retired Annuitant will be responsible for keeping track of hours worked. Retired Annuitant must submit a record of hours worked to the Finance Department according to the same schedule and procedures as other City Retired Annuitants. The City will provide Retired Annuitant with copies of the hours reports periodically submitted to CalPERS regarding hours worked under this Agreement. d. Status: Retired Annuitant shall serve at the pleasure of the City Council, subject to the terms and conditions hereof, and shall not acquire a property interest in employment or a right to continuing employment with the City.
The terms, covenants, and conditions of Retired Annuitant’s temporary employment with the City are expressly limited by and to the terms, covenants and conditions of this Agreement.
e. Benefits: Retired Annuitant shall not be entitled to any benefits other than the hourly wage listed above.
f. Duties: Retired Annuitant shall perform the duties of City Manager as directed by the Brisbane City Council.
g. Termination: Either party may terminate this Agreement without cause upon giving the other party not less than two weeks prior written notice. Notwithstanding anything to the contrary, Retired Annuitant shall, upon City’s Notice of Termination, deliver to City a written status report of all projects or matters in which Retired Annuitant is involved. In the event of termination, all rights and obligations of the parties hereto shall thereupon cease. The provisions of this paragraph shall not be deemed a limitation upon the respective rights or remedies of the parties hereto which may accrue to them.
3. Employment Status:
a. Benefits: Other than the compensation described above in Section 2, Retired Annuitant will receive no other benefits, incentives, compensation in lieu of benefits, or any other form of compensation. Retired Annuitant understands and agrees that the Retired Annuitant is not, and will not be, eligible to receive any benefits from the City of Brisbane.
24 H.
3 b. No Property Right in Employment: Retired Annuitant understands and agrees that the terms of employment are governed only by this Agreement and that no right of regular employment for any specific term is created by this Agreement. Retired Annuitant further understands that the Retired Annuitant acquires no property interest in employment by virtue of this Agreement, that the employment is “at will” as defined by the laws of the State of California (meaning that employment may be terminated at any time for any reason or for no reason), and that the Retired Annuitant is not entitled to any pre- or post-deprivation administrative hearing or other due process upon termination or any disciplinary action. c. Status: Retired Annuitant shall serve at the pleasure of the City Council, subject to the terms and conditions hereof, and shall not acquire a property interest in employment or a right to continuing employment with the City of Brisbane. The terms, covenants, and conditions of Retired Annuitant’s employment with the City are expressly limited by and to the terms, covenants and conditions of this Agreement.
d. Employment of a Retiree: Retired Annuitant understands that CalPERS retired annuitants may be employed by a CalPERS public agency employer, by temporary appointment not to exceed 960 hours in any fiscal year for all such employers*; either (1) during an emergency to prevent stoppage of public business, or (2) because the retired employee has skills needed in performing the work of limited duration.
4. Standard of Performance: All services to be performed by Retired Annuitant pursuant to this Agreement shall be performed in accordance with all applicable ordinances, policies, and rules and regulations of the City.
5. Non-Assignment of Agreement: This Agreement is intended to secure the individual services of the Retired Annuitant and is not assignable or transferable by Retired Annuitant to any third party.
6. Governing Law/Venue: This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this Agreement shall be in San Mateo County.
7. Entire Agreement and Modification: This Agreement constitutes the entire understanding of the parties hereto. This Agreement supersedes any previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Retired Annuitant shall be entitled to no other compensation or benefits than those specified herein, and Retired Annuitant acknowledges that no representation, inducements or promises not contained in this Agreement have been made to Retired Annuitant to induce Retired Annuitant to enter into this Agreement.
8. Enforceability: If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of 25 H.
4 the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
9. Conflict of Interest: Retired Annuitant agrees that during the term of this Agreement, Retired Annuitant will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated for or not, that would in any way conflict with, or impair, Retired Annuitant’s ability to perform the duties described in this Agreement.
10 Effect of Agreement on Retired Annuitant's CalPERS Retirement Benefits; Indemnification:
The City makes no representation on the impact, if any, this Agreement shall or may have upon Retired Annuitant's CalPERS retirement benefits, status, duties, and/or obligations. Retired Annuitant acknowledges that in entering into this Agreement, Retired Annuitant has not relied upon any such representations in assessing the CalPERS-related impact of this temporary employment. Retired Annuitant releases the City from any and all CalPERS-related claims or liabilities that may arise in connection with Retired Annuitant’s employment pursuant to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BRISBANE:
By: _______________________
Madison Davis, Mayor
RETIRED ANNUITANT:
____________________________
Clayton Holstine
Approved as to form:
Michael H. Roush
Legal Counsel
26 H.
File Attachments for Item:
I. Consider Adoption of Resolution to Amend the Master Pay Schedule 27 Adopt Resolution to Amend the Master Pay Schedule Page 1 of 3
CITY COUNCIL AGENDA R, EPORT
Meeting Date: November 2, 2023
From: Abby Partin, Human Resources Director
Subject: Adopt 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
On November 4, 2016, CalPERS issued Circular Letter 200-050-16, clarifying that pay schedules must comply with Government Code (GC) Section 20636 and California Code of Regulations (CCR), Title 2, Section 570.5. If an agency does not meet the requirements outlined in GC Section 20636 and CCR, Title 2, Section 570.5, CalPERS may determine an amount that may be considered to be the pay rate.
To comply with these codes, pay schedules need to meet the following requirements:
1. Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws;
2. Identifies the position title for every employee position;
3. Shows the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
6. Indicates an effective date and date of any revisions;
7. Is retained by the employer and available for public inspection for not less than five years; and
8. Does not reference another document in lieu of disclosing the payrate.
On May 17, 2017, 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 going forward. 28 I.
Adopt Resolution to Amend the Master Pay Schedule Page 2 of 3 In December 2022, the City completed negotiations and reached an agreement with all of the employee bargaining groups outlining wages, benefits and working conditions for each respective group. Staff posted the approved labor/employment agreements and associated salary information on the City’s website to provide the public with access to this information at https://www.brisbaneca.org/hr/page/labor-agreements and https://www.brisbaneca.org/hr/page/salary-information
Discussion
Staff is presenting tonight for adoption the master pay schedule to reflect the approved pay increases effective the first full pay period in January 2024. The summary of the updates to the master pay schedule are as follows:
• Confidential Management Employees: The classifications in this group will receive a 3% pay increase and the current filled positions in this group and their respective top step pay rates include: Finance Director at $108.95 per hour and Human Resources Director at $106.93. • Executive Management: The classifications in this group will receive a 3% pay increase and the current filled positions in this group and their respective top step pay rates include:
Assistant to the City Manager at $87.25 per hour, City Clerk at $70.59 per hour, Community Development Director at $110.11 per hour, Parks and Recreation Director at $104.99 per hour and Public Works Director/City Engineer at $128.90 per hour. • Police Chief: This classification will receive a 3% pay increase and the new pay rate will be $128.48 per hour at the top step.
• The following bargaining groups will also receive a 3% pay increase: Brisbane Fire Management, Confidential Employees, General Employees Association, International Association of Firefighters, Local 2400, Mid-Management/Professional Employees, Police Commander, and Police Officers Association.
Historically, the City Council has approved pay increases for hourly unrepresented employees that mirror the pay increases of represented bargaining groups. In order to continue this practice, staff is requesting Council to approve for this fiscal year a similar 3% increase to the pay scales for hourly employees, with the exception of the Intern, Habitat Restoration Lead Worker and Special Assistant positions to ensure the hourly employees are compensated appropriately and their compensation kept in line with their fellow employees in the bargaining units.
Staff recommends adjusting the Intern top of the salary range from $20 to $23, in order to stay competitive with San Mateo County cities that have a Summer Internship Program. The City takes pride in providing college students an opportunity to learn about municipal government and to showcase various departments and classifications necessary to operate a city.
Staff is also recommending that hourly pay step scales and salary ranges that are currently below the scheduled January 2024 minimum wage increase have their starting step (Step A) and low end of the salary range be set at $16.00 per hour, so that the minimum wage requirement is met.
Moreover, to address compaction between additional pay steps (Grades B to E), each grade will 29 I.
Adopt Resolution to Amend the Master Pay Schedule Page 3 of 3 be adjusted in increments of 5%. The classifications that will receive the minimum wage increase are: Crossing Guard, Habitat Restoration Lead Worker, Intern, Recreation Leader Aide and Special Assistant.
Staff recommends City Council approves the attached resolution,so that the City is in compliance with GC Section 20636 and CCR section 570.5, and able to work towards retaining and attracting the quality and expertise of staff required by Council and the community.
Fiscal Impact
These increases are reflected in the FY 2023-24 budget.
Measure of Success
The City is able to recruit and retain a qualified, stable and dedicated workforce.
Attachments
1. CalPERS Circular Letter 200 500 16 Agreement
2. Resolution 2023-XX
________________________
Abby Partin, Human Resources Clay Holstine, City Manager Director
30 I.
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.
31 I.
Circular Letter: 200-050-16
November 4, 2016
Compensation Earnable Government Codes
GC section 20636(b)(1) (applicable to Public Agency members) and 20636.1(b)(1) (applicable to School members) require pay amounts to be paid pursuant to publicly available pay schedules.
For example, GC section 20636 (b)(1) states:
“Payrate means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. “Payrate,” for a member who is not in a group or class, means the monthly rate of pay or base pay of the member, paid in cash and pursuant to publicly available pay schedules, for services rendered on a full-time basis during normal working hours, subject to the limitations of paragraph (2) of subdivision (e).” CCR 570.5 specifies the required elements necessary to meet the definition of a publicly available pay schedule as follows:
(a) For purposes of determining the amount of “compensation earnable” pursuant to GC sections 20630, 20636, and 20636.1, payrate shall be limited to the amount listed on a pay schedule that meets all of the following requirements:
(1) Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws; (2) Identifies the position title for every employee position; (3) Shows the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
(4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; (5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
(6) Indicates an effective date and date of any revisions; (7) Is retained by the employer and available for public inspection for not less than five years; and
(8) Does not reference another document in lieu of disclosing the payrate.
All eight (8) requirements must be met in one salary schedule for each member’s pay, in order for CalPERS to approve the pay amount as payrate and reportable compensation earnable. 32 I.
Circular Letter: 200-050-16
November 4, 2016
Publicly Available Pay Schedules Government Code
If an agency cannot provide a document meeting the requirements for a publicly available pay schedule, then CalPERS must determine that the pay amount fails to meet the definition of payrate. CCR 570.5 (b)(1)-(4) outlines the process by which CalPERS may determine a member’s payrate when there is no publicly available pay schedule provided.
CCR 570.5 (b) states:
(b) Whenever an employer fails to meet the requirements of subdivision (a) above, the Board, in its sole discretion, may determine an amount that will be considered to be payrate, taking into consideration all information it deems relevant including, but not limited to, the following:
(1) Documents approved by the employer’s governing body in accordance with requirements of public meetings laws and maintained by the employer; (2) Last payrate listed on a pay schedule that conforms to the requirements of subdivision (a) with the same employer for the position at issue; (3) Last payrate for the member that is listed on a pay schedule that conforms with the requirements of subdivision (a) with the same employer for a different position;
(4) Last payrate for the member in a position that was held by the member and that is listed on a pay schedule that conforms with the requirements of subdivision (a) of a former CalPERS employer.
For assistance or questions, please direct your inquiries to the CalPERS Customer Contact Center at 888 CalPERS (or 888-225-7377).
Renee Ostrander, Chief
Employer Account Management Division
33 I.
RESOLUTION NO 2023-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-
_________________
Madison Davis, Mayor
I hereby certify that the foregoing Resolution No. 2023-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on November 2, 2023, by the following vote:
Ayes:
Noes:
Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
34 I.
Appendix A
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Accounting Assistant I $ 27.55 $ 28.94 $ 30.39 $ 31.91 $ 33.50 1/1/2024 General Employees Non-Exempt Accounting Assistant II $ 30.33 $ 31.85 $ 33.45 $ 35.12 $ 36.87 1/1/2024 General Employees Non-Exempt Accounting Systems Analyst $ 41.65 $ 43.85 $ 46.04 $ 48.34 $ 50.76 1/1/2024 General Employees Non-Exempt Administrative Assistant $ 36.45 $ 38.27 $ 40.18 $ 42.19 $ 44.30 1/1/2024 General Employees Non-Exempt Administrative Management Analyst $ 46.39 $ 48.70 $ 51.15 $ 53.69 $ 56.39 1/1/2024 Confidential Employee Exempt Administrative Services Director $ 93.67 $ 98.34 $ 103.27 $ 108.42 $ 113.86 1/1/2024 Confidential Management Exempt Assistant Engineer I $ 42.44 $ 44.57 $ 46.79 $ 49.14 $ 51.59 1/1/2024 General Employees Non-Exempt Assistant Engineer II $ 46.69 $ 49.00 $ 51.47 $ 54.04 $ 56.74 1/1/2024 General Employees Non-Exempt Assistant City Manager $ 107.72 $ 113.09 $ 118.76 $ 124.69 $ 130.93 1/1/2024 Confidential Management Exempt Assistant to the City Manager $ 71.78 $ 75.36 $ 79.14 $ 83.08 $ 87.25 1/1/2024 Executive Management Exempt Assistant Fire Marshal $ 80.57 $ 84.59 $ 88.82 $ 93.27 $ 97.93 1/1/2024 Brisbane Fire Management Exempt Associate Civil Engineer $ 55.59 $ 58.36 $ 61.28 $ 64.35 $ 67.57 1/1/2024 Mid-Management/Professional Exempt Associate Planner $ 49.11 $ 51.57 $ 54.16 $ 56.86 $ 59.71 1/1/2024 General Employees Non-Exempt Building Permit Technician $ 37.19 $ 39.04 $ 41.00 $ 43.05 $ 45.20 1/1/2024 General Employees Non-Exempt Cashier $ 15.97 $ 16.76 $ 17.60 $ 18.48 $ 19.41 1/1/2024 Unrepresented Non-Exempt C/CAG Stormwater Program Director $ 73.43 $ 77.11 $ 80.96 $ 85.01 $ 89.26 1/1/2024 Mid-Management/Professional Exempt City Clerk $ 58.08 $ 60.99 $ 64.03 $ 67.24 $ 70.59 1/1/2024 Executive Management Exempt City Manager $ - $ - $ - $ - $ - $ 142.14 1/1/2024 Unrepresented Exempt Code Enforcement Officer $ 39.61 $ 41.59 $ 43.66 $ 45.84 $ 48.14 1/1/2024 General Employees Non-Exempt Communications Digital and Media Coordinator $ 37.19 $ 39.04 $ 41.00 $ 43.05 $ 45.20 1/1/2024 General Employees Non-Exempt Communications Manager $ 54.26 $ 57.11 $ 60.11 $ 63.28 $ 66.61 1/1/2024 Mid-Management/Professional Exempt Community Development Director $ 90.58 $ 95.11 $ 99.87 $ 104.87 $ 110.11 1/1/2024 Executive Management Exempt Community Development Technician $ 37.19 $ 39.04 $ 41.00 $ 43.05 $ 45.20 1/1/2024 General Employees Non-Exempt Community Services Officer $ 32.42 $ 34.52 $ 36.24 $ 38.05 $ 39.95 1/1/2024 General Employees Non-Exempt Council Member $ - $ - $ - $ - $ - $ 400.00 1/1/2024 Elected Position Crossing Guard $ 16.00 $ 16.80 $ 17.64 $ 18.52 $ 19.45 1/1/2024 Unrepresented Non-Exempt Deputy City Clerk/Executive Assistant $ 43.67 $ 45.85 $ 48.14 $ 50.56 $ 53.08 1/1/2024 Confidential Exempt Deputy Director of Public Works $ 82.04 $ 86.14 $ 90.46 $ 94.98 $ 99.72 1/1/2024 Mid-Management/Professional Exempt Deputy Finance Director $ 73.43 $ 77.11 $ 80.96 $ 85.01 $ 89.26 1/1/2024 Mid-Management/Professional Exempt Director of Marina/Aquatics Services $ 60.12 $ 63.13 $ 66.29 $ 69.60 $ 73.08 1/1/2024 Executive Management Exempt Engineering Technician $ 40.91 $ 42.96 $ 45.10 $ 47.34 $ 49.72 1/1/2024 General Employees Non-Exempt Executive Administrative Assistant $ 37.78 $ 39.66 $ 41.64 $ 43.73 $ 45.91 1/1/2024 General Employees Non-Exempt Facility Attendant $ 18.75 $ 19.68 $ 20.67 $ 21.71 $ 22.78 1/1/2024 Unrepresented Non-Exempt Finance Director $ 89.65 $ 94.12 $ 98.83 $ 103.79 $ 108.95 1/1/2024 Confidential Management Exempt Financial Services Manager $ 63.43 $ 66.59 $ 69.92 $ 73.43 $ 77.11 1/1/2024 Mid-Management/Professional Exempt Fire Captain $ 44.30 $ 46.50 $ 48.84 $ 51.27 $ 53.84 1/1/2024 IAFF Local 2400 Non-Exempt Fire Prevention Officer $ 51.89 $ 57.34 $ 60.20 $ 63.20 $ 66.36 1/1/2024 IAFF Local 2400 Non-Exempt Fire Trainee $ - $ - $ - $ - $ - $ 25.81 1/1/2024 IAFF Local 2400 Non-Exempt Firefighter $ 37.07 $ 38.92 $ 40.86 $ 42.89 $ 45.04 1/1/2024 IAFF Local 2400 Non-Exempt Firefighter II $ 40.77 $ 42.81 $ 44.95 $ 47.18 $ 49.54 1/1/2024 IAFF Local 2400 Non-Exempt Firefighter/Paramedic $ 37.07 $ 38.92 $ 40.86 $ 42.89 $ 45.04 1/1/2024 IAFF Local 2400 Non-Exempt Firefighter/Paramedic II $ 40.77 $ 42.81 $ 44.95 $ 47.18 $ 49.54 1/1/2024 IAFF Local 2400 Non-Exempt Geographic Information System Manager $ 54.26 $ 57.11 $ 60.11 $ 63.28 $ 66.61 1/1/2024 Mid-Management/Professional Exempt Habitat Restoration Lead Worker $ - $ - $ - $ - $ - $ 16.00 1/1/2024 Unrepresented Non-Exempt Harbormaster $ 51.15 $ 53.70 $ 56.38 $ 59.21 $ 62.17 1/1/2024 Mid-Management/Professional Exempt Head Lifeguard $ 22.48 $ 23.61 $ 24.78 $ 26.03 $ 27.33 1/1/2024 Unrepresented Non-Exempt History Project Asst $ 38.04 $ 39.95 $ 41.95 $ 44.04 $ 46.25 1/1/2024 Unrepresented Non-Exempt Human Resources Administrator $ 74.93 $ 78.68 $ 82.61 $ 86.75 $ 91.08 1/1/2024 Confidential Exempt Human Resources Director $ 87.97 $ 92.37 $ 96.99 $ 101.84 $ 106.93 1/1/2024 Confidential Management Exempt Human Resources Technician $ 37.19 $ 39.04 $ 41.00 $ 43.05 $ 45.20 1/1/2024 General Employees Non-Exempt Information Technology & Systems
Administrator 55.92$ 58.71$ 61.65$ 64.73$ 67.98$ 1/1/2024 Mid-Management/Professional Exempt Intern -$ -$ -$ -$ -$ $16.00 - $23.00 1/1/2024 Unrepresented Non-Exempt Lifeguard 17.06$ 17.91$ 18.80$ 19.75$ 20.72$ 1/1/2024 Unrepresented Non-Exempt City of Brisbane Master Pay Schedule
Approved per Resolution No. 2023-XX
Exhibit A
35 I.
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Management Analyst (Part-time) $ 42.07 $ 44.18 $ 46.38 $ 48.70 $ 51.14 1/1/2024 Unrepresented Non-Exempt Marina Maintenance Worker I $ 31.89 $ 33.48 $ 35.16 $ 36.91 $ 38.76 1/1/2024 General Employees Non-Exempt Marina Maintenance Worker II $ 35.08 $ 36.82 $ 38.67 $ 40.59 $ 42.63 1/1/2024 General Employees Non-Exempt Marina Maintenance Worker I ( Part-time) $ 32.52 $ 34.14 $ 35.85 $ 37.66 $ 39.54 1/1/2024 Unrepresented Non-Exempt Marina Maintenance Worker II ( Part-time) $ 35.75 $ 37.58 $ 39.42 $ 41.37 $ 43.48 1/1/2024 Unrepresented Non-Exempt Marina Services Director $ 56.20 $ 59.01 $ 61.96 $ 65.05 $ 68.31 1/1/2024 Executive Management Exempt Office Assistant $ 29.23 $ 30.64 $ 32.17 $ 33.78 $ 35.49 1/1/2024 General Employees Non-Exempt Office Assistant (Part-Time) $ 29.76 $ 31.24 $ 32.80 $ 34.46 $ 36.18 1/1/2024 Unrepresented Non-Exempt Office Specialist $ 34.26 $ 35.97 $ 37.78 $ 39.66 $ 41.64 1/1/2024 General Employees Non-Exempt Office Specialist (Part-Time) $ 34.96 $ 36.69 $ 38.52 $ 40.46 $ 42.48 1/1/2024 Unrepresented Non-Exempt Park/Beach/Recreation Commissioner $ - $ - $ - $ - $ - $ 100.00 1/1/2024 Appointed Position Parks & Recreation Director $ 86.37 $ 90.70 $ 95.23 $ 99.98 $ 104.99 1/1/2024 Executive Management Exempt Parks/Facilities Maintenance Worker I $ 31.89 $ 33.48 $ 35.16 $ 36.91 $ 38.76 1/1/2024 General Employees Non-Exempt Parks/Facilities Maintenance Worker I (PartTime) $ 32.52 $ 34.14 $ 35.85 $ 37.66 $ 39.54 1/1/2024 Unrepresented Non-Exempt Parks/Facilities Maintenance Worker II $ 35.08 $ 36.82 $ 38.67 $ 40.59 $ 42.63 1/1/2024 General Employees Non-Exempt Payroll/Utility Billing Technician $ 37.19 $ 39.04 $ 41.00 $ 43.05 $ 45.20 1/1/2024 General Employees Non-Exempt Planning Commissioner $ - $ - $ - $ - $ - $ 100.00 1/1/2024 Appointed Position Police Chief $ 105.71 $ 110.99 $ 116.53 $ 122.37 $ 128.48 1/1/2024 Police Chief Exempt Police Commander $ 95.30 $ 100.06 $ 105.07 $ 110.33 $ 115.84 1/1/2024 Police Commander Exempt Police Officer $ 48.43 $ 50.85 $ 53.40 $ 56.07 $ 58.87 1/1/2024 Brisbane Police Officers Association* Non-Exempt Police Officer - 40 hour shift (Detective/SRO) $ 50.85 $ 53.40 $ 56.07 $ 58.87 $ 61.81 1/1/2024 Brisbane Police Officers Association* Non-Exempt Police Corporal $ 53.28 $ 55.94 $ 58.74 $ 61.67 $ 64.76 1/1/2024 Brisbane Police Officers Association* Non-Exempt Police Sergeant $ 58.35 $ 61.27 $ 64.33 $ 67.55 $ 70.93 1/1/2024 Brisbane Police Officers Association* Non-Exempt Police Trainee $ - $ - $ - $ - $ - $ 35.84 1/1/2024 Unrepresented Non-Exempt Pre-School Teacher $ 18.86 $ 19.81 $ 20.80 $ 21.85 $ 22.94 1/1/2024 Unrepresented Non-Exempt Principal Analyst $ 64.89 $ 68.15 $ 71.55 $ 75.11 $ 78.87 1/1/2024 Confidential Exempt Principal Planner $ 69.12 $ 72.57 $ 76.20 $ 80.01 $ 84.01 1/1/2024 Mid-Management/Professional Exempt Program Manager - SMCWPPP $ 68.36 $ 71.79 $ 75.38 $ 79.15 $ 83.11 1/1/2024 Mid-Management/Professional Exempt Public Service Aide $ 16.78 $ 17.63 $ 18.50 $ 19.42 $ 20.40 1/1/2024 Unrepresented Non-Exempt Public Works Director/City Engineer $ 106.05 $ 111.35 $ 116.90 $ 122.76 $ 128.90 1/1/2024 Executive Management Exempt Public Works Inspector $ 52.33 $ 54.96 $ 57.70 $ 60.58 $ 63.61 1/1/2024 General Employees Non-Exempt Public Works Lead Maintenance Worker $ 42.09 $ 44.20 $ 46.39 $ 48.72 $ 51.15 1/1/2024 General Employees Non-Exempt Public Works Maintenance Worker I $ 31.89 $ 33.48 $ 35.16 $ 36.91 $ 38.76 1/1/2024 General Employees Non-Exempt Public Works Maintenance Worker I (Part-time) $ 32.52 $ 34.14 $ 35.85 $ 37.66 $ 39.54 1/1/2024 Unrepresented Non-Exempt Public Works Maintenance Worker II $ 35.08 $ 36.82 $ 38.67 $ 40.59 $ 42.63 1/1/2024 General Employees Non-Exempt Public Works Superintendent $ 68.03 $ 71.43 $ 75.01 $ 78.76 $ 82.70 1/1/2024 Mid-Management/Professional Exempt Public Works Supervisor $ 52.00 $ 54.60 $ 57.33 $ 60.19 $ 63.21 1/1/2024 Mid-Management/Professional Exempt Public Works Team Leader $ 47.17 $ 49.65 $ 52.27 $ 55.03 $ 57.92 1/1/2024 Mid-Management/Professional Exempt Receptionist $ 29.19 $ 30.64 $ 32.17 $ 33.78 $ 35.49 1/1/2024 General Employees Non-Exempt Receptionist (Part-time) $ 29.76 $ 31.24 $ 32.80 $ 34.46 $ 36.18 1/1/2024 Unrepresented Non-Exempt Recreation Leader $ 18.83 $ 19.77 $ 20.76 $ 21.79 $ 22.88 1/1/2024 Unrepresented Non-Exempt Recreation Leader Aide $ 16.00 $ 16.80 $ 17.64 $ 18.52 $ 19.45 1/1/2024 Unrepresented Non-Exempt Recreation Manager $ 63.99 $ 67.18 $ 70.54 $ 74.08 $ 77.78 1/1/2024 Mid-Management/Professional Exempt Recreation Program Coordinator $ 32.37 $ 34.54 $ 36.27 $ 38.08 $ 39.98 1/1/2024 General Employees Non-Exempt Recreation Supervisor $ 47.27 $ 49.65 $ 52.12 $ 54.73 $ 57.47 1/1/2024 Mid-Management/Professional Exempt Regional Compliance Program Manager $ 54.26 $ 57.11 $ 60.11 $ 63.28 $ 66.61 1/1/2024 Mid-Management/Professional Exempt Reserve Police Officer $ 34.60 $ 36.33 $ 38.14 $ 40.04 $ 42.05 1/1/2024 Unrepresented Non-Exempt Senior Accounting Assistant $ 34.36 $ 36.09 $ 37.89 $ 39.79 $ 41.76 1/1/2024 General Employees Non-Exempt Senior Civil Engineer $ 68.36 $ 71.79 $ 75.38 $ 79.15 $ 83.11 1/1/2024 Mid-Management/Professional Exempt Senior Human Resources Analyst $ 51.83 $ 54.42 $ 57.15 $ 60.00 $ 62.99 1/1/2024 Confidential Exempt Senior Management Analyst $ 50.81 $ 53.34 $ 56.01 $ 58.81 $ 61.74 1/1/2024 Mid-Management/Professional Exempt Senior Planner $ 58.45 $ 61.37 $ 64.44 $ 67.68 $ 71.05 1/1/2024 Mid-Management/Professional Exempt Senior Recreation Leader $ 24.16 $ 25.37 $ 26.64 $ 27.97 $ 29.37 1/1/2024 Unrepresented Non-Exempt Sustainability Manager $ 54.26 $ 57.11 $ 60.11 $ 63.28 $ 66.61 1/1/2024 Mid-Management/Professional Exempt Special Assistant $ - $ - $ - $ - $ - $16.00-$145.00 1/1/2024 Unrepresented Non-Exempt Spe Coun-Maj Dev Pro $ - $ - $ - $ - $ - $ 175.04 1/1/2024 Confidential Management Exempt 36 I.
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Swim Instructor $ 18.60 $ 19.54 $ 20.52 $ 21.55 $ 22.62 1/1/2024 Unrepresented Non-Exempt Van Driver $ 17.50 $ 18.39 $ 19.31 $ 20.28 $ 21.29 1/1/2024 Unrepresented Non-Exempt Water Quality Technician $ 35.08 $ 36.82 $ 38.67 $ 40.59 $ 42.63 1/1/2024 General Employees Non-Exempt 37 I.
File Attachments for Item:
J. Receive Information and Consider Providing Direction on Playground Resurfacing Project Utilizing Per Capita Grant Funds from State Proposition 68 38 Playground Resurfacing Project Page 1 of 5
CITY COUNCIL AGENDA REPORT
Meeting Date: November 2, 2023
From:Noreen Leek, Parks & Recreation Director
Subject: Playground resurfacing project utilizing per capita grant funds from State Proposition 68
Community Goal/Result
Community Building, Safe Community
Purpose
Maintain safe and high-quality recreation facilities for community interaction.
Recommendation
Receive information regarding the Community Park playground resurfacing project and provide additional direction to staff if needed.
Background
The Prop 68 Per Capita grant funding program was placed on the State ballot via Senate Bill 5 (DeLeon, Chapter 852, statues of 2017), and approved by voters on June 5, 2018. Funds were made available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis.
Grant recipients were encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access. Projects not serving a severely disadvantaged community required a 20% match and grantees were required to use per capita grant funds to supplement existing expenditures, rather than replace them.
In September 2020, the City Council adopted resolution No. 2020-58 approving application(s) for per capita grant funds from State Proposition 68. In December 2020, City staff submitted the formal application to the State.
Discussion
After many years of struggling to maintain and repair the existing poured-in-place (PIP) surfacing at the community park playground, the City recognized that full replacement was necessary. The lifespan of this type of playground surfacing is approximately 15 years. The adjacent sand play area has been a contributing factor in the rapid deterioration of the PIP surfacing which was installed in 2012 with the playground renovation. In addition to the adverse impacts the sand has had on the PIP surface, it also presents an increased risk of injury to parkgoers. (See site photos in Attachment 1.) Required by the State, a playground safety inspection was conducted in 2022 by a Certified Playground Safety Inspector.
The formal report recommended full removal of the sand given the trip/fall hazards its presence creates.
The report also requires removal of some of the smaller existing faux rocks given that they are now considered within a fall zone by today's playground safety standards. Removal of these elements is in the interest of public safety for all park users and failure to do so could expose the City to further liability.
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Playground Resurfacing Project Page 2 of 5
In 2022, the City Council reviewed and considered the Capital Improvement Projects list which included the playground resurfacing project. At that time, staff identified it as a high-priority project. The project description included the following:
Excavate and replace the existing poured-in-place surfacing at the Community Park playground. The poured-in-place surfacing at the playground is in poor and rapidly deteriorating condition. It is beyond its useful life in its current condition and despite efforts to patch high-traffic areas as they have failed, the playground surfacing requires a complete overhaul. Excavation of the old material, removal of the adjacent sand area, site preparation, and installation of new surfacing is advised.
The FY22-23 Council-adopted budget included the 20% match amount of $45,209.25 required by the City of Brisbane to complete the project. Subsequently, staff filed the necessary documentation required by the State, and through the City Manager’s contracting authority, the City in July 2023 entered into a contract with Robertson Recreational Surfaces to conduct the work.
Robertson’s scope of work includes installation of IPEMA (International Play Equipment Manufacturer's Association) certified TotTurf poured-in-place surfacing. PIP surfacing has been installed in parks around the world for more than 35 years. It is used industry wide as a standard application for playground surfaces given that it is ADA compliant and accessible, allowing for more inclusive play for youth, but also for caregivers of all abilities to engage with their children. Poured in place surfaces serve as accessible paths of travel for persons with disabilities since they are firm, stable, and slip resistant. The layers of TotTurf PIP surfacing (see cross-section sample in Attachment 2) include a top/wear layer comprised of virgin Ethylene Propylene (EPDM) rubber, followed by an impact layer made of clean, recycled Styrene Butadiene Rubber (SBR) installed over compacted base rock. EPDM is a non-toxic, FDA approved synthetic material, often used in food-grade applications. It is the highest quality rubber on the market given its UV resistant properties and durability. Robertson does not use raw, ground up recycled tires (i.e.: crumb rubber) in their TotTurf PIP surfacing. The binder for the two layers is a basic single component aromatic polyurethane agent. The thickness of the poured surfacing varies to meet specific playground equipment fall heights and complies with the American Disability Act (ADA), Consumer Product Safety Commission (CPSC) guidelines and American Society for Testing and Materials (ASTM) standards.
Fiscal Impact
There is no additional fiscal impact resulting from the delivery of this project update. The project is primarily funded by the Prop 68 per capita grant through the State of California with a 20% match already allocated in the City budget approved by Council. Because the City has a binding contract with Robertson Recreational Surfaces, if the City does not proceed with this contract, or if the contractor agrees to revise the contract concerning the materials used or the scope of work, there could be fiscal impacts as described in a confidential memorandum from the City Attorney that has been provided to Council.
Attachments
1. Community Park Playground photos demonstrating the adverse impact of sand on PIP surfacing
2. PIP surfacing cross section sample
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Playground Resurfacing Project Page 3 of 5
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Clay Holstine, City Manager 41 J.
Playground Resurfacing Project Page 4 of 5
ATTACHMENT 1
Community Park Playground Photos
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Playground Resurfacing Project Page 5 of 5
ATTACHMENT 2
Poured in Place installation cross-section sample demonstrating ADA wheelchair accessible edge
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File Attachments for Item:
L. Countywide Assignments and Subcommittee Reports
44 CITY of BRISBANE
Subcommittee Update
From October 20th, 2023 to October 27h, 2023
Liaison to Complete Streets Safety Committee 10/23
CM Mackin, CSSC Cabrera, CSSC Wodziak
The subcommittee discussed options for starting a parking program. They considered enforcement either throughout central Brisbane or targeted streets and then whether to go with a third-party vendor or handle it in-house. Due to the cost of implementing the full program, it was suggested to have a third option, which is to modify or strengthen our current program and setting expectations that it may take time for enforcement to follow up on a complaint. There could be a soft one-year roll-out to begin registering cars per household and leave it as complaint based. The subcommittee then discussed how registration would work, guest passes and whether enforcement would be between certain hours such as 12am-5am, so as not to impede visiting guests during the day and evening hours. Staff will bring this topic to the Council in January which will include suggestions such as proposing a soft roll-out and beginning on targeted streets.
Liaison to Open Space & Ecology Committee 10/24
CM Mackin, CM O’Connell, OSEC Becker, OSEC Feldman, OSEC Noonan The Subcommittee reviewed the draft Invasive Species Ordinance prepared by OSEC. They discussed how the program would work, differences between residential vs commercial properties, mechanism to collect fines, would there be levels of fines and how the City’s properties will be managed. Council liaisons suggested a soft roll-out to include an educational program and would like a more robust compliance schedule.
Upcoming Subcommittees:
Public Art Advisory Committee 10/30 4:30pm Cunningham, Davis 45 L.