Agenda packet — Brisbane City Council, October 1, 2026 (part 1 of 5)

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City of Brisbane
City Council Meeting Agenda
Thursday, October 1, 2026 at 6:30 PM ● Hybrid Meeting ● 50 Park Place, Brisbane, CA The public may observe/participate in City Council meetings using remote public comment options or by attending in person. The City Council may take action on any item listed in the agenda.

To Address the Council
In Person:

Location: Community Meeting Room 50 Park Place, Brisbane, CA 94005 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, preferably before the start of the meeting. Speakers are not required to submit their name or address.

Remote Participation:

Members of the public may observe/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.gov/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.gov 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 via Zoom Webinar. Aside from commenting personally while in the Zoom Webinar, you can also use the call in number. The public comments received will be noted for the record during Oral Communications 1 and 2 or during an agenda item. We encourage you to email comments in advance of the meeting to [email protected]. That email address, however, will not be monitored during the meeting and emails received during the meeting will not be responded to or brought to the attention of the City Council during the meeting.

Join Zoom Webinar: zoom.us (please use the latest version: zoom.us/download) brisbaneca.gov/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.

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.

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October 1, 2026 -2- 6:30 PM
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.gov/meetings).

Any writings that are received after 4pm of the day of the meeting will be distributed to the Council and made available for public inspection at the front lobby and on the internet the day after the meeting (brisbaneca.gov/meetings).

Call to Order – Pledge of Allegiance
Roll Call
A. Remote Attendance Under the Just Cause Provisions of the Brown Act Adoption of Agenda
Oral Communications No. 1
Consent Calendar
B. Fire Prevention Week Proclamation
C. United Against Hate Week Proclamation
D. Approve City Council Special Meeting Minutes of September 14, 2026 E. Accept Investment Report as of August 2026
F. Adopt Resolution approving the Memoranda of Understanding between the City and the following groups:
• Confidential Employees, for the term of July 1, 2026 to June 30, 2029 • Confidential Management Employees, for the term of July 1, 2026 to June 30, 2029 • Executive Management Employees, for the term of July 1, 2026 to June 30, 2029 • General Employees Association, for the term of July 1, 2026 to June 30, 2029 • International Association of Firefighters Local 2400, for the term of July 1, 2026 to June 30, 2029
• Mid-Management / Professional Employees Group, for the term of July 1, 2026 to June 30, 2029
• Police Officers Association, for the term of July 1, 2026 to June 30, 2029 • Police Chief, for the term of July 1, 2026 to June 30, 2029 • Police Captain, for the term of July 1, 2026 to June 30, 2029 and the associated amendment to the City’s master pay schedule.

G. Adopt a Resolution to Reclassify and Update the Current Police Commander and Firefighter II Job Descriptions
H. Approve Response to 2025-2026 Civil Grand Jury Report, “Is Our Flock of ALPR Cameras Properly Tended?” and Receive Update

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October 1, 2026 -3- 6:30 PM
I. Pass an Ordinance Regarding Council Compensation
J. Pass an ordinance amending Municipal Code Chapter 16.24 and adding Municipal Code Chapter 15.90 to establish and update procedures for implementing development impact fees.

K. Update to the Cooperative Agreement between the City of Brisbane and the Brisbane School District
L. Approve Final Design by Chris Granillo for Artful Bench Program M. Lions Club Fun Run and Pumpkin Patch Cosponsorship Application N. Adopt a Resolution Authorizing Submittal of an Individual Grant Application for the CalRecycle Rubberized Pavement Grant Program
Old Business
O. Receive Age-Friendly Action Plan Update
New Business
P. Consider Adoption of an Urgency Ordinance Establishing a Temporary Moratorium on Data Center Development
Staff Reports
Q. City Manager’s Report- City Updates and Upcoming Activities Mayor and Council Matters
R. Future Agenda Items
S. Countywide Assignments and Subcommittee Reports
i. Parkside 2 Ad Hoc Subcommittee Update
ii. Report Out on Subcommittee Meetings
iii. Upcoming Subcommittee Meetings
T. Written Communications
Oral Communications No. 2
Adjournment

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City of Brisbane

PROCLAMATION
PROCLAIMING OCTOBER 4-10, 2026 AS

FIRE PREVENTION WEEK
Coleen Mackin, Mayor
WHEREAS, the City of Brisbane will join the nation in recognizing Fire Prevention Week, a time to promote fire safety awareness and encourage residents to take proactive steps to prevent fires, protect lives, and safeguard property; and
WHEREAS, the 2026 Fire Prevention Week theme, “Safe Charging Is a Superpower ,” encourages residents to use smart charging by using the approved cord and charger for devices, charging devices on hard, flat surfaces, unplugging devices when fully charged, keeping charging equipment from blocking exits, and stopping use of batteries or devices; and
WHEREAS, the City of Brisbane recognizes the important role of North County Fire Authority firefighters and fire prevention personnel in educating the community, applying fire and life safety requirements, and reducing the risk of fires, injuries, and property loss; and WHEREAS, residents, businesses, schools, and community
organizations are encouraged to identify and correct fire hazards, maintain clear exits and access for emergency responders, and practice safe actions before an emergency occurs; and
NOW, THEREFORE, BE IT PROCLAIMED on behalf of the City Council of the City of Brisbane, do hereby proclaim October 4–10, 2026, Fire Prevention Week in the City of Brisbane and encourage all Brisbane residents to increase their awareness of fire prevention and safety practices that can help protect their families, homes, businesses, and community.

PASSED AND ADOPTED at a regular meeting of the City Council held this 1st day of October 2026.

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City of Brisbane

PROCLAMATION
PROCLAIMING OCTOBER 18-24, 2026 AS

UNITED AGAINST HATE WEEK
Coleen Mackin, Mayor
WHEREAS, the City of Brisbane is a community that respects diversity and affirms our commitment to safety and belonging for all residents; WHEREAS, hate presents a threat to communities everywhere and creates an atmosphere of fear and division;
WHEREAS, reported hate crimes have increased dramatically across the United States;
WHEREAS, the City of Brisbane is dedicated to preventing and opposing hate and intolerance in our communities; and
WHEREAS, education, compassion, critical thinking, and cooperation are key to unlocking understanding and embracing differences between people; and
WHEREAS, we seek to join other communities and cities across the country in this annual United Against Hate Week as an important step in bridging divisions while strengthening and healing our communities.

NOW, THEREFORE, BE IT PROCLAIMED that the City Council for the City of Brisbane endorses a resolution in support of United Against Hate Week 2026 and community activities to stop hate and promote safe and inclusive neighborhoods and schools.

PASSED AND ADOPTED at a regular meeting of the City Council held this 1st day of October 2026.

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BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL SPECIAL MEETING AGENDA
MONDAY, SEPTEMBER 14, 2026
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
5:30 P.M. Call To Order – Pledge of Allegiance
Mayor Mackin called the meeting to order at 5:40 P.M. and led the Pledge of Allegiance.

Roll Call
A. Remote Attendance Under the Just Cause Provisions of the Brown Act No councilmembers attended the meeting remotely.

Councilmembers Present: Councilmembers Davis, Kern, Lentz, O’Connell and Mayor Mackin Councilmembers Absent: None
Staff Present: City Manager Dennis, City Clerk Padilla, City Attorney Zutler, Counsel Phillips, Public Works Director Bozorginia, Community Development Director Ayres, Senior Planner Robbins, and Management Analyst Brown.

Adoption of Agenda
Councilmember Lentz 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 Davis, Kern, Lentz, O’Connell and Mayor Mackin Noes: None

Absent: None
Abstain: None
Public Hearing
B. Consideration of proposed Baylands Specific Plan and related actions, including amendments to the Brisbane General Plan Land Use and Circulation Elements, amendments to Title Section 17 of the Brisbane Municipal Code to establish zoning regulations, adoption of the

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City Council Meeting Minutes
September 14, 2026

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Bayshore Mobility Plan, and certification of the Final Environmental Impact Report (FEIR) prepared for this project in accordance with the California Environmental Quality Act (CEQA) Community Development Director Ayres reported that tonight is the first City Council public hearing regarding the Brisbane Baylands Specific Plan, Final Environmental Impact Report (FEIR), and related approvals. The Council will consider the project materials through a structured series of hearings organized around Measure JJ requirements and the major components of the Baylands Specific Plan and FEIR.

Staff and consultants presented on the following 3 topics:
• Measure JJ and the General Plan requirements that govern the Baylands Specific Plan Measure JJ, approved by 55% of Brisbane voters in November 2018, established the land use framework for the Baylands subarea: a Planned Development designation allowing a range of 1,800–2,220 housing units (limited to the northwest portion of the site), up to 6.5 million square feet of commercial uses, and an additional 500,000 square feet of hotel space. Measure JJ also set standards to be incorporated into the Specific Plan and an associated development agreement for the Baylands subarea. To approve the project, the Council will need to find that the Specific Plan is consistent with the General Plan, including Measure JJ’s policies
• The Specific Plan’s sustainability program and designing for ongoing energy neutrality (Measure JJ Topic 3.G)
Specific Plan Chapter 4 (Sustainability) is intended to satisfy the Measure JJ provision 3.G to be energy neutral on an on going basis. Its policies and standards are built around the City's Sustainability Framework for the Baylands, which itself is based on the One Planet Living program's ten guiding principles: Zero Carbon Buildings, Zero Waste, Sustainable Transport, Local and Sustainable Materials, Local and Sustainable Food, Sustainable Water, Open Space and Habitat, Culture and Heritage, Economic Vitality with Equity and Ecology, and Recreation, Health, Safety and Happiness.
• Air quality and greenhouse gas (GHG) impacts and associated mitigation measures identified in the EIR.

The EIR identifies one significant and unavoidable air quality impact: Impact AQ-1 (Emissions of Criteria Air Pollutants for which the Bay Area Air Basin is in Nonattainment), which remains significant at both the project and cumulative level even after all feasible mitigation. Also, the Final EIR evaluates the significance of the project’s GHG emissions under two specific thresholds identified in the EIR: GHG-2, addressing effects on regional GHG emissions, and GHG-3, addressing consistency with applicable GHG-reduction plans, policies, performance standards, and regulations.

Stephanie Shakofsky, Senior Vice President of Government Affairs of Baylands Development, Inc. presented on behalf of Baylands Development Inc.

Measure JJ and the General Plan requirements that govern the Baylands Specific Plan After Council questions, the following members of the public provided comments and questions:
• Arnold Galarza
• Paul Bouscal

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City Council Meeting Minutes
September 14, 2026

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• Randall Venerable
• Don Wagner
• Mary Rogers
• Linda Salmon
• Doug Chesshire
• Nancy Lacsamana
• Emily Wagner
• Lizzy Tapia
• Michele Salmon
• Ali Sapirman
• Clara Johnson
• Karen Cunningham
• Emmett Cunningham
• Wilbur M.
• Larissa Ocañada
The Specific Plan’s sustainability program and designing for ongoing energy neutrality (Measure JJ Topic 3.G)
After Council questions, the following members of the public provided comments and questions:
• Paul Bouscal
• Anthony Walker
• Linda Salmon
• Michele Salmon
• Ali Sapirman
• Clara Johnson
Councilmember Davis made a motion, seconded by Councilmember Lentz to extend the meeting until 10:29 P.M. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
Air quality and greenhouse gas (GHG) impacts and associated mitigation measures identified in the EIR Due to the lateness of the hour questions, the public hearing will be continued to receive more public comment on this topic.

Councilmember Kern made a motion, seconded by Councilmember Lentz to extend the meeting until 11:30 P.M. The motion was carried unanimously by all present.

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City Council Meeting Minutes
September 14, 2026

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

Absent: None
Abstain: None
After council discussion, Councilmember O’Connell made a motion, seconded by Councilmember Lentz to continue the Public Hearing on September 29, 2026 at 5:30 P.M. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
Adjournment
Mayor Mackin adjourned the meeting at 10:45 P.M.

List of Written Correspondence
September 14, 2026
Christine Padilla, Build Up San Mateo (9/11/2026) RE: Child Care in the Brisbane Baylands Specific Plan Anthony Walker (9/11/2026) Re: General Plan Consistency, Measure JJ Energy Neutrality, and ESA Attachment 5 Ariel Cherbowsky Corkidi, San Bruno Mountain Watch (9/10/2026) Letter in Support of the Brisbane Baylands Open Space Plan
Arnold Galarza (9/13/2026) Urgent: Clerical Error Removal Request – Baylands Property Owners List – Arnold Galarza
Ali Sapirman, Housing Action Coalition (9/14/2026) No Subject – Mailed in correspondence Kristen Anderson (9/14/2026) Fwd: Child Care in Brisbane Baylands Specific Plan Rosanne Foust, San Mateo County Economic Development Association (9/11/2026) RE: SAMCEDA Letter of Support for The Baylands
Ingrid Padilla
City Clerk

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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 $ 1,821,672 $ 1,821,672 $ 1,821,672 0.000 110% collateral STATE FUND (LAIF) Deposit on call continuous $ 12,585,137 $ 12,585,137 $ 12,585,137 3.850 on call no rating Other Investments
FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 991,680 2.600 03/25/2027 FFCB 11/28/2025 $ 1,000,000 $ 1,000,000 $ 985,860 3.970 11/28/2028 FNMA 2/27/2026 $ 1,000,000 $ 1,000,000 $ 980,570 4.000 08/20/2029 FHLB 3/18/2026 $ 1,000,000 $ 1,000,000 $ 986,750 4.000 03/18/2030 FFCB 11/28/2025 $ 1,000,000 $ 1,000,000 $ 983,240 4.150 05/28/2030 FHLB 10/21/2025 $ 1,000,000 $ 1,000,000 $ 985,340 4.125 10/21/2030 FHLM 12/23/2025 $ 1,000,000 $ 1,000,000 $ 977,720 4.000 12/23/2030 FHLB 12/30/2025 $ 1,000,000 $ 1,000,000 $ 980,250 4.215 12/27/2030 FHLMC 2/26/2026 $ 1,000,000 $ 1,000,000 $ 970,890 4.050 02/26/2031 FNMA 3/10/2026 $ 1,000,000 $ 1,000,000 $ 982,190 4.000 03/10/2031 BNY Mellon Treasury Obligations continuous $ 4,272,256 $ 4,272,256 $ 4,272,256 3.610 on call 110% collateral Sub-total $ 14,272,256 $ 14,272,256 $ 14,096,746
U.S. Bank 2014 BGPGA Bond (330) Improvements Fed Treas Obl $ - 10031 Reserve Fund Fed Treas Obl $ 1 10032
Revenue Fund Fed Treas Obl $ 1 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 $ - 10031 Reserve Fed Treas Obl $ 554,474 10032
Expense Fund Fed Treas Obl $ - 10035
BNY Mellon 2023 BGVMIDFA Bond (328) Improvements Fed Treas Obl $ 0 10031 Reserve / Project Fed Treas Obl $ 1,470,039 10032
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ 15 10036
Interest Fund Fed Treas Obl $ 47 10037
PARS OPEB Trust Trust Cash Investments $ 5,791,544 13050 PARS Retirement Trust Trust Cash Investments $ 2,180,150 13050 Sub-total Cash with Fiscal Agents $ 9,996,271
Total other investments $ 24,268,527 $ 24,268,527 $ 14,096,746 TOTAL INVESTMENTS & CASH BALANCES $ 38,675,335 $ 38,675,335 $ 28,503,555 Outstanding Loans to Department Heads / Former Employees Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 $ 318,750 Variable, LAIF + 1% due 12/2027 FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 4.34%
Weighted Interest 3.09%
Weighted maturity 1.39 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
August 31, 2026

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FACE MARKET FACE FACE

INVESTMENT VALUE OF VALUE OF VALUE OF VALUE OF

NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT WELLS FARGO Checking A/C $ 1,821,672 $ 1,821,672 $ 4,744,892 $ (2,923,220) (61.6%) $ 4,087,463 $ (2,265,792) (55.4%) STATE FUND (LAIF) Deposit on call $ 12,585,137 $ 12,585,137 $ 12,585,137 $ - 0.0% $ 3,210,851 $ 9,374,286 292.0% Other Investments
Sub-total BNY Mellon $ 14,272,256 $ 14,096,746 $ 14,220,056 $ 52,200 0.4% $ 21,581,192 $ (7,308,935) (33.9%) Sub-total Cash with Fiscal Agents $ 9,996,271 $ 9,344,294 $ 651,977 7.0% $ 8,746,566 $ 1,249,705 14.3% Total other investments $ 24,268,527 $ 23,564,350 $ 704,177 $ 30,327,758 $ (6,059,231) TOTAL INVESTMENTS & CASH BALANCES $ 38,675,335 $ 28,503,555 $ 40,894,378 $ (2,219,043) (5.4%) $ 37,626,072 $ 1,049,263 2.8% - -
August 2026 Review
Change in Face Value Change in Face Value

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS
Comparative Review
August 31, 2026
Previous Month Previous Year

2.50%

3.00%

3.50%

4.00%

4.50%
Interest Rates
2-year Treasury
LAIF
BNY Mellon Money
Market
City's Portfolio
Weighted Interest
The City’s overall investments and cash balances decreased by a net $2.2 million from the previous month, primarily due to the annual insurance premium payment of $1.9 million.

As reflected on Page 1, the BNY Mellon agency bonds subtotal remained at $10 million. As federal interest rates continued to increase, there were no early calls on the bonds and the $52 thousand increase was earned interest.

The two-year Treasury rate continued to exceed both the LAIF and BNY Money Market rates. The City's portfolio weighted interest rate increased as the WFB non-interest bearing balance decreased its share of the portfolio.

The City continues to seek and purchase longer term bonds with rates higher than LAIF to ladder maturities when available, but none were purchased in August.

The City's $10 million Cash with Fiscal Agents balance is primarily comprised of $8 million held in the PARS trust accounts, and $2 million of the 2023 Bond proceeds held in trust as reflected on Page 1. The $652 thousand increase in Cash with Fiscal Agents was primarily due to the $554 thousand deposit pending for the 2015 Bond series September debt service payment.

When compared to prior year, the City's overall portfolio increased by $1 million. Also, rate management is evident through the shifts in balances between BNY Money Market and LAIF.

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City Council Staff Report
Meeting Date: October 1, 2026
From: Abby Partin , Human Resources Director
Subject: Adopt Resolution approving the Memoranda of
Understanding between the City and the following
groups:
• Confidential Employees, for the term of July 1,
2026 to June 30, 2029
• Confidential Management Employees, for the
term of July 1, 2026 to June 30, 2029
• Executive Management Employees, for the term
of July 1, 2026 to June 30, 2029
• General Employees Association, for the term of
July 1, 2026 to June 30, 2029
• International Association of Firefighters Local
2400, for the term of July 1, 2026 to June 30,
2029
• Mid-Management / Professional Employees
Group, for the term of July 1, 2026 to June 30,
2029
• Police Officers Association, for the term of July 1,
2026 to June 30, 2029
• Police Chief, for the term of July 1, 2026 to June
30, 2029
• Police Captain, for the term of July 1, 2026 to
June 30, 2029
and the associated amendment to the City’s master pay
schedule.

Recommendation
Staff recommend adoption of a resolution approving Memorandums of Understanding between the City and Confidential Employees Group, Confidential Management Group, Executive Management Group, General Employees Association (GEA), International Association Of Firefighters Local 2400 (IAFF), Mid-Management/Professional, Brisbane Police Officer Association, Police Chief, and Police Captain, and the associated amendment to the City’s master pay schedule.

Background

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The City’s regular full-time workforce is organized into four (4) represented employee bargaining units, as well as the unrepresented Public Safety Managers Unit and Executive Management Unit. In accordance with the Meyers-Milias-Brown Act (MMBA), the City negotiates agreements with each represented unit over wages, hours, and other terms and conditions of employment, and such agreements are memorialized in a Memorandum of Understanding (MOU) over a specified term. In addition, the City meets with members of unrepresented units and conducts informal negotiations over proposed changes to the MOU for each group. In March 2026, staff began negotiations with each employee group for successor MOUs, as the existing MOUs were scheduled to expire as of July 1, 2026.

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

The following is a summary of economic terms and other substantial changes included in the proposed agreements:

Salary – Confidential Employees Group, GEA and Mid-Management/Professional Group:
5% increase first full pay period in July 2026, 4% increase first full pay period in July 2027, the first full pay period in July 2028, the bargaining unit will receive a Cost of Living Adjustment increase equal to the average of (a) the twelve-month increase in the consumer price index (CPI-U San Francisco-Oakland-Hayward) measured from April 2025 to April 2026; (b) the twelve-month increase in the consumer price index (CPI-U San Francisco-Oakland-Hayward) measured from April 2026 to April 2027; and (c) the twelve-month increase in the consumer price index (CPI-U San Francisco-Oakland-Hayward) measured from April 2027 to April 2028.

However, the July 2028 Cost of Living Increase shall be no less than two and a half percent (2.5%) and no more than four percent (4%) (i.e., CPI 2.5-4%) Confidential Management, Executive Management, IAFF, Police Chief and Police Captain, Brisbane Police Officers Association:
5% increase first full pay period in July 2026, 4% increase first full pay period in July 2027, 3% increase first full pay period in July 2028.

Health and Welfare: City will contribute 100% of the Kaiser rate with no change to the cash-inlieu amount.

Dental: $2500 for the employee plus $1,100 per dependent per fiscal year.

Longevity Incentive - Confidential Employees, Confidential Management, Executive Management, GEA, Mid-Management/Professional Group, Police Chief and Police

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Commander:

Restructure the incentive to capture 10 years and 15 years of continuous employment with the City - 10 years of continuous service with the City shall receive one percent (1.0%), 15 years of continuous service with the City shall receive an additional one percent (1.0%) in Longevity Incentive Pay [total: 2.0%], 20 years of continuous service with the City shall receive an additional one percent (1.0%) in Longevity Incentive Pay [total: 3.0%].

Wellness Benefit: Increase from $300 to $500 per fiscal year Vacation Buyback: Retain the provision
Group Specific Negotiated Items:

Executive Management Group – Add State Disability Insurance program at the cost of the employees, City Clerk salary market adjustment
GEA - Members of the unit may accumulate no more than one hundred and forty-four (144) compensatory time off; members are eligible to receive no more than two (2) certification pay incentive per month, Recreation Coordinator salary market adjustment.

IAFF – Create the classification of Fire Engineer to replace the existing Firefighter II Classification; employees may accumulate no more than one hundred forty-four hours of compensatory time off, EMT Pay – 5% of top step Firefighter base pay, Paramedic Pay – 13% of top step Firefighter base pay, Medical Expense Reimbursement Plan at the sole responsibility of the Union.

Mid-management/Professional Group – Geographic Information System Manager salary market adjustment
Police Captain – Reclassify from Police Commander to Captain, Acting Pay term – 3 days instead of 5 days
Brisbane Police Officers Association – CIT Pay – 1.25% for specialized certifications, increase from $100 to $150 per month Bi-lingual pay, Probationary period: Original appointees in classifications covered by the agreement shall serve a probationary period of 12 months, which shall begin upon the first day of FTO completion with the City.

The proposed wage and Master Pay Schedule also includes a five percent (5%) salary adjustment for all full-time employees, including the City Manager, who will receive the same salary increase as the executive team pursuant to the terms of his employment contract. The proposed schedule also includes a five percent (5%) adjustment for part-time hourly classifications that are not represented by a bargaining unit.

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Historically, the City Council has approved the same base wage adjustment for part-time hourly positions as provided to their full-time counterparts. Additionally, when equity increases are granted to full-time classifications with the same job title and duties, an equivalent increase has been applied to the corresponding part-time hourly classification.

Staff is also recommending that hourly pay step scales that are currently below the scheduled January 2027 minimum wage increase have their starting salary range be set at $17.40 per hour, so that the minimum wage requirement is met. Positions affected by the 2027 minimum wage increase are as follows: Intern, Habitat Restoration Lead Worker and Special Assistant.

Fiscal Impact
The estimated cost to implement these Memoranda of Understanding per fiscal year are as follows: FY 2026-27, $967,004, FY 2027-28, $1,170,457, FY 2028-29, $1,222,166. The actual costs will be included in the adopted budget for FY 2027 and will be incorporated into ensuing budgets.

Attachments

1. Resolution 2026-XX MOUs Master Pay Schedule
City Manager Approval
Jeremy Dennis, City
Manager
09/23/2026

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RESOLUTION NO 2026-XX

RESOLUTION APPROVING SUCCESSOR MEMORANDUMS OF UNDERSTANDING

BETWEEN THE CITY OF BRISBANE AND THE CONFIDENTIAL EMPLOYEES

GROUP, CONFIDENTIAL MANAGEMENT GROUP, EXECUTIVE MANEGEMENT GROUP, GENERAL EMPLOYEES ASSOCIATION, MIDMANAGEMENT/PROFESSIONAL GROUP, BRISBANE POLICE OFFICERS

ASSOCIATION, POLICE CHIEF, POLICE CAPTAIN, AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2400, APPROVING THE ASSOCIATED

WAGE AND MASTER PAY SCHEDULE
WHEREAS, under direction of the City Council, appointed negotiators met and conferred with representatives of the Brisbane Fire Management, Confidential Employees Group, Confidential Management Group, Executive Management Group, General Employees Association (GEA), International Association Of Firefighters Local (IAFF) 2400, Mid-Management/Professional, Brisbane Police Officer Association, Police Chief, and Police Captain and have reached tentative agreement with each bargaining unit over compensation and other terms and conditions of employment; and WHEREAS, the tentative agreements on compensation and other terms are memorialized in proposed Memorandums of Understanding (“MOU”) for the term of July 1, 2026-June 30, 2029; and
WHEREAS, each MOU provides for a five percent (5%) across-the-board wage adjustment for all covered positions in the first year of the agreement, followed by a four percent (4%) across-the-board wage adjustment in the second year and a three percent (3%) across-the-board wage adjustment in the third year.

For the Mid-Management Group, Confidential Employees Group, and GEA, the third-year adjustment will instead range from 2.5% to 4%, based on the three-year average CPI-U. and equity adjustments for specified job classifications based on survey market position; and
WHEREAS, the MOUs provide for enhancements to other terms of compensation, including longevity premium pay, education incentives, shift differential, and increases to stipends and allowances, and
WHEREAS, staff recommends approval of the amended master pay schedule, to incorporate salary adjustments pursuant to the terms of the negotiated MOUs and provide equivalent adjustments to unrepresented part-time hourly classifications.

NOW, THEREFORE, be it resolved by the City Council of the City of South San Francisco that the City Council hereby:

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1. Approves the MOU between the City of Brisbane and Confidential Employees Group, attached hereto as Exhibit A and incorporated herein.

2. Approves the MOU between the City of Brisbane and Confidential Management Group, attached hereto as Exhibit B and incorporated herein.

3. Approves the MOU between the City of Brisbane and the Executive Management Group, attached hereto as Exhibit C and incorporated herein.

4. Approves the MOU between the City of Brisbane and GEA attached hereto as Exhibit D and incorporated herein.

5. Approves the MOU between the City of Brisbane and IAFF attached hereto as Exhibit E and incorporated herein.

6. Approves the MOU between the City of Brisbane and MidManagement/Professional Group attached hereto as Exhibit F and incorporated herein.

7. Approves the MOU between the City of Brisbane and Brisbane Police Officer Association attached hereto as Exhibit G and incorporated herein.

8. Approves the MOU between the City of Brisbane and Police Chief attached hereto as Exhibit H and incorporated herein.

9. Approves the MOU between the City of Brisbane and Police Captain attached hereto as Exhibit I and incorporated herein.

Approves the amended Wage and Salary Schedule for regular full-time employees and part-time hourly employees, to incorporate the terms of the MOUs and to adjust parttime hourly wages by an equivalent amount, attached hereto as Exhibit J and incorporated herein.

Authorizes the City Manager to execute the foregoing MOUs between the City, and to make any minor revisions, amendments, or modifications deemed necessary to carry out the intent of this resolution and of the agreement by the parties, which do not materially alter or increase the City’s obligations thereunder. _________________
Coleen Mackin, Mayor

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I hereby certify that the foregoing Resolution No. 2026-XX was duly and regularly adopted at a special meeting of the Brisbane City Council on October 1, 2026 by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk

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AGREEMENT BETWEEN THE

CITY OF BRISBANE

AND THE

CONFIDENTIAL EMPLOYEES GROUP
JULY 1, 2026 – JUNE 30, 2029
Exhibit A

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TABLE OF CONTENTS
BEREAVEMENT LEAVE ARTICLE 16
CLASSIFICATION AND PAY PLANS ARTICLE 5
DEFERRED COMPENSATION – EMPLOYER CONTRIBUTION ARTICLE 12 DEMOTION ARTICLE 27
DISCIPLINARY PROCEDURE ARTICLE 31
EMERGENCY WAIVER PROVISIONS ARTICLE 37
GRIEVANCE PROCEDURE ARTICLE 32
HOLIDAYS ARTICLE 14
INSURANCE ARTICLE 9
JURY DUTY ARTICLE 19
LAYOFF PROCEDURE ARTICLE 26
LEAVES OF ABSENCE WITHOUT PAY: EFFECT ON SENIORITY AND BENEFITS ARTICLE 25
LONGEVITY RECOGNITION INCENTIVE ARTICLE 22
MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS ARTICLE 4 MANDATORY ADMINISTRATIVE LEAVE ARTICLE 23
MATERNITY LEAVE ARTICLE 20
MEDICAL LEAVE ARTICLE 21
MILITARY LEAVE ARTICLE 18
NON-DISCRIMINATION ARTICLE 3
OTHER LEAVES WITHOUT PAY ARTICLE 24
OUTSIDE EMPLOYMENT ARTICLE 33
OVERTIME ARTICLE 8
PAST PRACTICE ARTICLE 39
PERSONAL LEAVE ARTICLE 17
PREAMBLE ARTICLE 1
PROBATIONARY PERIOD AND PERFORMANCE RATING ARTICLE 30
PROHIBITED ACTIVITIES ARTICLE 35
PROMOTIONS ARTICLE 29
PUBLIC EMPLOYEES' RETIREMENT SYSTEM ARTICLE 7
RECOGNITION ARTICLE 2
SEVERABILITY PROVISION ARTICLE 38
SICK LEAVE ARTICLE 15
SUPPLEMENTAL STIPEND ARTICLE 11
TERM OF THE MEMORANDUM OF UNDERSTANDING ARTICLE 40
TRANSFER ARTICLE 28
TUITION REIMBURSEMENT ARTICLE 6
USE OF CITY FACILITIES ARTICLE 34
VACATION ARTICLE 13
WAIVER PROVISION OF BARGAINING DURING TERM ARTICLE 36
WELLNESS BENEFIT ARTICLE 10

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1 MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF BRISBANE AND

THE CONFIDENTIAL 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 Confidential Employees Group. The purpose of this Agreement 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 (defined by the Federal Reserve as two consecutive quarters of negative growth in the United States economy).

ARTICLE 2. RECOGNITION
The City hereby recognizes the Confidential Employees Group as the sole and exclusive representative for the bargaining unit consisting of the following classifications:

Administrative Management Analyst
Deputy City Clerk/Executive Assistant
Human Resources Administrator
Senior Human Resources Analyst
Principal Analyst
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 Group activities or to refrain from joining or participating in protected activities in accordance with the Employer-Employee Relations Resolution Sections 3500 et seq.

B. The City and Group agree that they shall not discriminate against any employee because of race, color, sex, sexual orientation, marital status, age, physical handicap, national origin, political or religious opinions or affiliations, or any other status protected by California or federal law. The City and the Group shall reopen 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 in compliance with state or federal anti-discrimination laws. The parties further agree that this Section shall not be subject to the Grievance Procedure provided in this

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2 Agreement. However, any individual, including a representative of the Union, may bring forth a complaint of discrimination and/or harassment on behalf of an employee.

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 rights 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 the 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 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 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 duty for lack of work or similar non-disciplinary reasons;

11. To establish and modify productivity and performance programs and standards;

12. To discharge, suspend, demote or otherwise 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 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 this Agreement;

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

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3 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 Group 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 this Agreement
ARTICLE 5. CLASSIFICATIONS AND PAY PLANS
A. Salaries
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 pay period in July 2026, the bargaining unit will receive a Cost of Living Adjustment increase of five percent (5.0%). 2) Effective the first full pay period in July 2027, the bargaining unit will receive a Cost of Living Adjustment increase of four percent (4.0%). 3) Effective the first full pay period m July 2028, the bargaining unit will receive a Cost of Living Adjustment increase Effective the first full pay period m July 2028, the bargaining unit will receive a Cost of Living Adjustment increase equal to the average of (a) the twelve-month increase in the consumer price index (CPIU San Francisco-Oakland-Hayward) measured from April 2025 to April 2026; (b) the twelve-month increase in the consumer price index (CPI-U San FranciscoOakland-Hayward) measured from April 2026 to April 2027; and (c) the twelvemonth increase in the consumer price index (CPI-U San Francisco-OaklandHayward) measured from April 2027 to April 2028. However, the July 2028 Cost of Living Increase shall be no less than two and a half percent (2.5%) and no more than four percent (4%) (i.e., CPI 2.5-4%).

B. Additional Compensation

1. Automobile Allowance - Employees of this unit are eligible to receive up to $300 per month automobile allowance at the discretion of the City Manager. Employees of this unit who do not receive an auto allowance, but utilize their personal automobile while

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4 conducting City business, shall be reimbursed for mileage at the current rate as provided by the Internal Revenue Service (without any minimum).

2. Administrative Incentive Leave – On or about the second pay period of August each year, the department head, with approval from the City Manager, may grant up to 10 days Administrative Incentive Leave annually to Confidential Employees in recognition of solid and consistent performance and significant contribution of time and effort over the past year. Such election shall be made prior to December 31 of the year prior to when the leave is granted. When the employee elects to receive this leave in the form of time off, said leave shall be taken within one year from the date it is granted, and may not be carried over beyond that point. For employees who are hired after the 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.

3. Acting Pay - Employees of this unit are eligible to be assigned to perform the duties of a higher classification. Assignment to this higher classification is at the discretion of the department head and shall be for a term 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 the first thirty (30) days of such assignment and 15.0% above his/her current base salary for the duration of the assignment.

4. Assignment Pay - Employees in this unit may accept assignments to perform specific work duties that are not within the scope of their regular work duties. Such assignments, including the scope and length, are at the sole discretion of the City Manager. An employee so assigned shall be entitled to receive from $250 to $750 per month above and in addition to his/her current base salary for the full period of assignment. The appropriate amount of additional pay will be set prior to commencement of the assignment, and there shall be no reduction in the amount of additional pay during the assignment period. The assignments provided for shall be on average no more than 5 - 6 hours per week but some weeks may be more and others less.

5. Bi-Lingual Pay – Employees in this unit are eligible to receive $200 per month beginning July 2023. 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
ARTICLE 6. TUITION REIMBURSEMENT
An employee who takes a job-related course at an accredited institution 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 department head.

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5 If the course(s) being taken is part of a planned college degree program at a properly accredited institution of learning, the tuition reimbursement provided shall be limited to the amount which the California State University system charges under its fee schedule for registration 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/fail 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 complete a service obligation with the City of Brisbane after completion of the program as follows:

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

2. Two (2) years’ service after the end of the 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 preapproval from the department head, he/she does not meet the grade requirements, or he/she does not fulfill the service requirement.

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 hires on or after January 1, 2013 who are determined by CalPERS to be “classic” or “legacy” members of the CalPERS will receive the Local Miscellaneous 2%@ 60 retirement plan. The employee contribution for those participating in the Local Miscellaneous 2%@ 60 retirement plan will be 7.0%.

For new bargaining unit employees hired on or after January 1, 2013 who are determined by CalPERS to be “new” members of CalPERS will receive the Local Miscellaneous 2% @ 62 retirement program. The employee contribution for those participating in the Local Miscellaneous 2%@ 62 plan shall pay 50% of the normal cost. In this and all other relevant respects, the City will comply with Government Code sections 7522 et seq. (PEPRA) including but not limited to the employee cost-share, the cap on pension benefits, and the three-year average for calculating final compensation.

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6 ARTICLE 8. OVERTIME
As defined 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
A. CalPERS Employer Health Contribution
The City shall make a direct contribution equal to the minimum employer contribution for agencies participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee and qualified retiree. This will cease should the City no longer provide health benefits through the PEMHCA in the future.

B. Flexible Compensation Plan
The City shall continue to make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in Article 9.A above, equals the following:

Single Party: $1,168.86
Two Party: $2,337.72
Family: $3,039.04
Effective beginning of: the plan year beginning January 2027, the plan year beginning January 2028, and the plan year beginning January 2029, the City shall make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in Article 9.A above, equals the Kaiser rate at each level of coverage (Single, Two-Party, and Family).

Cash-in-Lieu of Medical Coverage: Employees who waive coverage will be entitled to $800 per month.

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 $2500 for the employee plus $1,100 per dependent per plan year. The entire reimbursement amount may be used for any covered individual or combination of individuals. For example, a married employee with two (2) children would have a Maximum Reimbursement of $5800, and the employee may use all or part of that reimbursement for themselves, their children, or their spouse so long as the total reimbursed amount does not exceed $5,800 per plan year.

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7 relevant year (e.g., San Francisco-Oakland-Hayward CPI-U for April 2027 will be used to set the July 2027 Maximum Coverage amount).

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 insurance plans.

E. Vision Care Insurance
The City shall maintain in effect for the term of this agreement the existing level of coverage.

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 occupational health services in order to provide an Employee Assistance Program.

ARTICLE 10. WELLNESS BENEFIT
The City provides up to five hundred dollars ($500) per fiscal year for an agreed upon wellness benefit.

ARTICLE 12. DEFERRED COMPENSATION-EMPLOYER CONTRIBUTION For employees hired on or after July 1, 2008, the City will contribute one point five percent (1.5%) of the employee’s base monthly salary toward one of the City’s 457 deferred compensation plans. Additionally, if the employee makes a voluntary contribution toward the

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8 457 deferred compensation plan, the City will match such contribution at the rate of one dollar ($1.00) per dollar ($1.00) up to a maximum rate of five percent (5.0%) of salary.

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 only those individual employees hired on or before July 1, 2008, and who elected 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 will match employee contributions between three (3.0%) and five percent (5.0%) (i.e., the City will match contributions above 3.0% on a dollar-for-dollar basis up to an additional two percent (2.0%)). In no event will the City contribution to the 457 plan exceed five percent (5.0%) annually. 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. Total contribution to 457 deferred compensation plans will be limited to annual maximum contributions dictated by IRS code.

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

Years of Continuous
Service
Annual Accrual
Amount
Maximum Accrual
Amount
First 4 years 80 hours 400 hours
After 4 years 120 hours 400 hours
After 9 years 160 hours 400 hours
B. Vacation credits shall be accrued pro rata on each pay period. Employees shall not be eligible to use 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.

C. Subject to approval by the appointing authority, 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 the operational need 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.

E. Vacation leave accrual 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 vacation leave requests is at the

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9 discretion of the department head or designee, based on staffing and operational needs of the department. Failure to plan for and timely scheduling of vacation leave shall result in no further vacation hours being accrued 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 that is submitted at least ten (10) days prior to 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 shall not be charged against the employee’s vacation accrual. Upon presentation of appropriated documentation from the physician such leave will be changed to the employee’s sick leave.

H. Vacation Buyback Provision – Employees who have used a minimum of 60 hours during the fiscal year can sell up to 80 hours of vacation time back to the City in June of that fiscal year.

Unit members who wish to sell back vacation must file an irrevocable election identifying the number of Vacation Leave hours they will sell back in December of the tax year preceding the sell back.

ARTICLE 14. HOLIDAYS
A. The City shall observe the following holidays (each credited at eight (8) hours of holiday time):

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 (Farmworkers 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)
A City holiday shall also be observed on any day proclaimed by the City Council as a public holiday.

B. Observance of Holidays
Where any of the aforementioned holidays falls on a Sunday, the 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 Christmas Eve or New Year's Eve falls on a Saturday or Sunday, the preceding Friday shall be observed as the holiday.

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10 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.

C. All employees covered herein will receive sixteen (16) hours of floating holiday for personal use. Paid holiday time (floating holidays) is accumulated annually in the first full pay period of the calendar year and may not be carried over into subsequent calendar years.

Probationary employees are not eligible for paid holiday time (floating holidays) during the first six months of employment. During the remainder of the 12-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 15. 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 credits earned may be accumulated without limit. 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 90 days of employment under original appointments, but shall receive credits for that period when 90 days of service have been attained.

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 from the commencement of the shift. 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, subject to final approval by the appointing authority. 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 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 workdays, the employee may be required to file a physician's certificate or a personal affidavit with the Personnel Officer, stating the cause of absence. At its discretion, the City may establish other methods of verification as it deems appropriate. These means shall require the prior approval of the

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11 appointing authority and may include, but not be limited to, home visitation and examination by a physician selected by the 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 the result of a concerted action of 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 Workers' 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.

F. An employee may use all of their 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 Personnel Officer may approve use of leave for this purpose for other than the family members defined above.

G. 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.

H. No accrued leave may be used for an injury or illness arising from outside employment.

ARTICLE 16. BEREAVEMENT LEAVE
After thirty (30) days of employment, the Department Head will grant up to five (5) working days of paid bereavement leave per occurrence to employees where there has been a death in the employee's immediate family. "Immediate family" shall be defined as the employee's spouse, domestic partner, children, parents (including step-parents), siblings (including step-siblings), grandparents, grandchildren, and in-laws, or as otherwise required by law. 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 approved by the City Manager or designee. Bereavement leave in excess of five (5) days will be deducted from the employee’s eligible leave banks (vacation, sick leave, and CTO).

ARTICLE 17. PERSONAL LEAVE
Employees may use up to one (1) day per year of sick leave for the purpose of conducting personal business 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.

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12 ARTICLE 18. 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 19. 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.

An employee who is subpoenaed to appear in court in an official 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 official capacity as a City employee shall be permitted time off without pay.

If the employee elects, accrued vacation or administrative time off may be used for this purpose.

ARTICLE 20. MATERNITY LEAVE
Maternity leaves of absence shall be granted in accordance with applicable provisions of Federal and State law.

ARTICLE 21. MEDICAL LEAVE
The appointing authority may place an employee on a medical leave of absence without pay where, in the appointing authority'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 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 permitted 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.

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13 ARTICLE 22. LONGEVITY RECOGNITION INCENTIVE
Longevity Leave
In recognition of twelve (12) consecutive years of service with the City of Brisbane, the City grants to such a qualified employee each year forty hours of time off with pay. Employees may not exceed forty (40) hours of longevity leave at any time (i.e., any longevity leave not used before the employee’s next anniversary date will be forfeited). An employee wishing to use longevity leave must schedule that use with the employee’s supervisor. Any time not taken may not be carried over nor paid out in cash.

Longevity Incentive
A. Employees in this unit who have reached 10 years of continuous service with the City shall receive one percent (1.0%) in Longevity Incentive Pay.

B. Employees in this unit who have reached 15 years of continuous service with the City shall receive an additional one percent (1.0%) in Longevity Incentive Pay [total: 2.0%].

C. Employees in this unit who have reached 20 years of continuous service with the City shall receive an additional one percent (1.0%) in Longevity Incentive Pay [total: 3.0%].

D. Longevity pay will be based on number of continuous years of service. All percentages listed above are cumulative, for example, a member with at least 20 years of service will receive a cumulative 3.0% Longevity Incentive Pay.

ARTICLE 23. MANDATORY ADMINISTRATIVE 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 application may include, but not be limited to, situations where disciplinary matters are pending.

ARTICLE 24. OTHER LEAVES WITHOUT PAY
The appointing authority may grant a confidential 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 therefore, shall 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 unforeseeable changes in operating requirements, the appointing authority may recall the employee from 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.

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14 ARTICLE 25. LEAVES OF ABSENCE WITHOUT PAY: EFFECT ON SENIORITY AND

BENEFITS
Except as provided under State law for employees on military leave of absence, employees on leaves of absence without pay shall not, after the first 30 days of such leave, accrue service or leave credits, no 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 the levels existing as of the effective date of the leave.

ARTICLE 26. LAYOFF PROCEDURE
See City Personnel Rules and Regulations
ARTICLE 27. DEMOTION
A. Based upon an employee's request or upon an employee's demonstrated inability to perform the tasks of the position, the appointing authority 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 appointing authority pursuant to Rule 15 of the City Rules and Regulations.

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

ARTICLE 28. TRANSFER
A. An employee may be transferred by the appointing authority 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 to the employee and the affected managers.

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15 ARTICLE 29. PROMOTIONS
Candidates who successfully complete all components of the examination shall be placed on the appropriate employment list. Preparation and maintenance 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 list shall be that date on which it is approved for posting by the Personnel Officer.

ARTICLE 30. 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 the new position, and for rejecting any probationary employee whose performance does not meet the required standards of work.

All original appointees shall serve a probationary period of twelve (12) months. Promotional appointees shall serve a probationary period of not less than six (6) moths, 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 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 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 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 department head's recommendation regarding retention.

During the probationary 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

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16 of the City Rules and Regulations and shall be furnished advance notice pursuant to Rule 13.02 of the City Rules and Regulations.

Performance 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 31. DISCIPLINARY PROCEDURE
The appointing authority may take disciplinary action against an employee 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.

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

All disciplinary action taken against an employee must receive the prior approval of the appointing authority 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 appointing 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 within thirty (30) days following the effective date of the initial action and at regular intervals thereafter.

Employees shall have the right to appeal disciplinary actions pursuant to the applicable provisions of Article 29 set forth below (see Step 4).

ARTICLE 32. GRIEVANCE PROCEDURE
A grievance is defined as any dispute involving the interpretation, 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 in 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 immediate supervisor within five (5) working days of the occurrence of

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17 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 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 its receipt.

STEP 3: If the employee is dissatisfied with the decision of the department head in Step 2, he/she may submit the grievance to the appointing authority within ten (10) working days from receipt of the department head's response. The appointing authority, or his designated representative, shall respond to the grievance in writing within ten (10) working days of its receipt. Within this period the appointing authority, at his/her 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 appointing authority in Step 3 may submit the grievance to arbitration within ten (10) working days from receipt of the appointing authority's decision.

The City and Group shall meet promptly to select a mutually-acceptable 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, abandonment of position, gross negligence or moral turpitude. Each party, however, shall bear the 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.

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18 ARTICLE 33. 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 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 perform any function related to outside employment or activities during working hours.

ARTICLE 34. USE OF CITY FACILITIES
Upon reasonable advance notice, the City Manager or 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 meeting 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.

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 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 form 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.

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19 ARTICLE 36. WAIVER PROVISION OF BARGAINING DURING TERM OF AGREEMENT Except as specifically provided for in this Agreement or by mutual agreement in writing during the term 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 term of this Agreement.

During the term of this 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, insurance, or any other 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 the 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 the City's ability to respond to these emergencies shall be suspended for the duration of such emergency. After the emergency is over, the Group shall have the right to meet with the City regarding their impact on employees of the suspension of these provisions in the Agreement.

ARTICLE 38. SEVERABILITY 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 effect for the duration of this Agreement.

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 working conditions and practices where otherwise required by law.

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

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20 ARTICLE 40. TERM OF THE MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall be for the period of July 1, 2026 through June 30, 2029.

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21 RATIFICATION AND EXECUTION
The City and the Confidential 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 the 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 Confidential Employees Group acknowledge that this 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.

CONFIDENTIAL EMPLOYEES GROUP
Dated____________________

CITY OF BRISBANE
By______________________ By ______________________
Jeannette Maldonado Jeremy Dennis
City Manager
By By______________________
Mollie Brown Abby Partin
Human Resources Director

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MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF BRISBANE

AND THE

CONFIDENTIAL MANAGEMENT GROUP
JULY 1, 2026 – JUNE 30, 2029
Exhibit B

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TABLE OF CONTENTS
BEREAVEMENT LEAVE ARTICLE 15
CLASSIFICATIONS AND PAY PLANS ARTICLE 5
DEFERRED COMPENSATION – EMPLOYER CONTRIBUTION ARTICLE 12 DISCIPLINARY PROCEDURE ARTICLE 26
EMERGENCY WAIVER PROVISIONS ARTICLE 31
FAMILY AND MEDICAL LEAVE ARTICLE 20
HOLIDAYS ARTICLE 14
HOUSING ASSISTANCE PROGRAM ARTICLE 6
INSURANCE ARTICLE 9
JURY DUTY ARTICLE 18
LAYOFF PROCEDURE ARTICLE 24
LEAVES OF ABSENCE WITHOUT PAY: EFFECT ON SENIORITY AND BENEFITS ARTICLE 23
LONGEVITY RECOGNITION INCENTIVE ARTICLE 21
MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS ARTICLE 4 MANDATORYADMINISTRATIVE LEAVE ARTICLE 22
MATERNITY LEAVE ARTICLE 19
MILITARY LEAVE ARTICLE 17
NON-DISCRIMINATION ARTICLE 3
OUTSIDE EMPLOYMENT ARTICLE 27
OVERTIME ARTICLE 8
PAST PRACTICE ARTICLE 33
PERSONAL BUSINESS LEAVE ARTICLE 16
PERSONAL LEAVE ARTICLE 13
PREAMBLE ARTICLE 1
PROBATIONARY PERIOD AND PERFORMANCE RATINGS ARTICLE 25
PROHIBITED ACTIVITIES ARTICLE 29
PUBLIC EMPLOYEES' RETIREMENT SYSTEM ARTICLE 7
RECOGNITION ARTICLE 2
SEVERABILITY PROVISION ARTICLE 32
SUPPLEMENTAL STIPEND ARTICLE 11
TERM OF THE MEMORANDUM OF UNDERSTANDING ARTICLE 34
USE OF CITY FACILITIES ARTICLE 28
WAIVER PROVISION OF BARGAINING DURING TERM OF AGREEMENT ARTICLE 30 WELLNESS BENEFIT ARTICLE 10

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1 For the Confidential Management Group: For the City:

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF BRISBANE AND

THE CONFIDENTIAL MANAGEMENT GROUP
ARTICLE 1. PREAMBLE
Pursuant to Government Code 3500, as amended, et seq., the City of Brisbane and the Brisbane Confidential Management Group have entered into this Agreement. The purpose of this Agreement 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 this 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 (defined by the Federal Reserve as two consecutive quarters of negative growth in the United States economy).

ARTICLE 2. RECOGNITION
The City hereby recognizes the Confidential Management Group as the majority representative for the bargaining unit consisting of the following classifications:

Assistant City Manager
Administrative Services Director
Finance Director
Human Resources Director
Special Council
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 Group activities or to refrain from joining or participating in protected activities in accordance with the Employer-Employee Relations Resolution Sections 3500 et seq.

B. The City and Group agree that they shall not discriminate against any employee because of race, color, sex, sexual orientation, marital status, age, disability, national origin, political or religious opinions or affiliations, or any other status protected by California or federal law. The City and the Group shall reopen 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 in compliance with state or federal anti-discrimination laws. The parties further agree that this Section shall not be subject to the Grievance Procedure provided in this Agreement. However, any individual, including a representative of the Union, may bring forth a complaint of discrimination and/or harassment on behalf of an employee.

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2 For the Confidential Management Group: For the City: