Agenda, first session — San Bruno City Council, November 26, 2024

"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL SPECIAL MEETING
Agenda Amended on 11/25/2024 to add Item 3b
November 26, 2024
6:30 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation & Aquatic Center, Community Room
251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
**Zoom Link
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pwd=JEkcQEvOEpf1nEgXbhQ4LsHmFomq4K.1
Phone Line: 16465588656
Webinar ID: 822 9425 0894
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*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk. Public comment may also be emailed to [email protected] . Comments received via email will not be read aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 6167061 or [email protected] .
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk's Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at sanbruno.ca.gov/AgendaCenter .

1. CALL TO ORDER

2. ROLL CALL

3. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. There will be a single public comment period for all items in this section unless a Councilmember requests to pull an item for a separate vote. a. Consider Adoption of a Resolution Approving a Side Letter Agreement between the City of San Bruno and the Miscellaneous Bargaining Unit Represented by Teamsters Local 856, IBT, and Authorizing Execution and Implementation by the City Manager b. Consider Adoption of a Resolution Approving a Side Letter Agreement between the City of San Bruno and the MidManagement Bargaining Unit Represented by Teamsters Local 350, IBT, and Authorizing Execution by the City Manager

4. ADJOURNMENT – The next Regular City Council Meeting will be held on November 26, 2024 at 7:00 pm.

POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on November 21, 2024, by 5:00 pm.

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1. CALL TO ORDER

2. ROLL CALL

4. ADJOURNMENT – The next Regular City Council Meeting will be held on November 26, 2024 at 7:00 pm.

POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on November 21, 2024, by 5:00 pm. 2 of 13

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: November 26, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Administrative Services Director & CFO SUBJECT: Consider Adoption of a Resolution Approving a Side Letter Agreement between the City of San Bruno and the Miscellaneous Bargaining Unit Represented by Teamsters Local 856, IBT, and Authorizing Execution and Implementation by the City Manager
BACKGROUND:

The existing Memorandum of Understanding (MOU) between the City of San Bruno (CITY) and the Teamsters Local 856, IBT Miscellaneous Bargaining Unit (UNION) expires on December 31, 2024. CITY and UNION representatives have met and conferred in good faith to reach agreement on a tentative agreement (TA) that extends the existing MOU an additional one-year through December 31, 2025, and other terms.

UNION leadership distributed the TA to its members for a vote, and the UNION notified the CITY on Monday, November 18, 2024 that the members ratified the TA.

DISCUSSION:

The attached Side Letter Agreement (SLA), if ratified by the City Council, will extend their current MOU through December 31, 2025, and includes the following terms, in summary:

Term – one-year extension to December 31, 2025
Wages – 4.5% base pay rate increase effective January 1, 2025 Winter closure – one-time pilot closure of offices between the Christmas and New Year holidays providing UNION members ten (10) hours of straight time pay to use during the closure Salary survey – continue per existing MOU
Health and welfare – continue per existing MOU
36-Hour workweek – establish a Joint Labor Management Committee to further explore opportunities
Maintenance Worker classification – conduct an expedited job classification study 3 of 13
Item 3a.

Honorable Mayor and Members of the City Council
November 26, 2024

Page 2 of 2 ends

The SLA has been ratified by the UNION and now requires City Council adoption of the recommended Resolution for the SLA to take full effect. The City’s negotiators have engaged other bargaining units in discussion about the Winter Closure.

FISCAL IMPACT:

The total estimated cost for the execution of the recommended SLA is $491,500, inclusive of direct pay increases, the ten (10) paid Winter Closure hours, and incidental overtime that may be necessary for emergency response by UNION personnel. The cost for a four and one-half percent (4.5%) base pay rate increase for members of the UNION is approximately $409,000 for the calendar year 2025.

The cost for a one-time pilot closure of offices during the time between the Christmas and New Year holidays, as presented, is equal to approximately $62,500, with employees using twenty- two (22) hours of their accrued leave balances. Use of accrued leave balances reduces the City‘s payout of leave balances at a future date by approximately $77,000 due to employees’ use of 22 hours of accrued leave during the Winter Closure. Active management of accrued leave balance payouts is a best financial management practice. Further, the Winter Closure provides a substantive break for employee by allowing the workforce the opportunity to rejuvenate. The savings resulting from the reduced leave payout is not recognized in calculation of the SLA‘s total cost.

The City Council adopted fiscal year 2024-25 budget has a contingency budget which includes allowance for wage changes for a new MOU with the UNION. The SLA is within the contingency. Ongoing costs will be incorporated into the annual operating budget process.

ENVIRONMENTAL IMPACT:

There is no environmental impact. The action not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Adopt Resolution Approving a Side Letter Agreement between the City of San Bruno and the Miscellaneous Bargaining Unit represented by Teamsters Local 856, IBT, and Authorizing Execution and Implementation by the City Manager.

ALTERNATIVES:

Do not adopt the side letter agreement and direct staff to resume discussions with the bargaining unit.

ATTACHMENTS:

1. Resolution with Exhibit A – Side letter agreement

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8 1
3 RESOLUTION NO. 2024 - __

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO

APPROVING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF SAN BRUNO AND THE MISCELLANEOUS BARGAINING UNIT REPRESENTED BY TEAMSTERS LOCAL 856,

IBT, AND AUTHORIZING EXECUTION BY THE CITY MANAGER
WHEREAS, representatives from the Miscellaneous Bargaining Unit represented by the Teamsters Local 856 IBT and representatives of the City of San Bruno have negotiated in good faith; and
WHEREAS, as a result of negotiations, a side letter agreement has been reached regarding an extension to the term for the Miscellaneous Bargaining Unit Memorandum of Understanding, to December 31, 2025, and other conditions as stipulated in Exhibit A attached to this resolution; and
WHEREAS, the City was notified that the members of the Miscellaneous Bargaining Unit ratified the agreement as presented; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Bruno that it hereby approves the side letter agreement reached between the City of San Bruno and the Miscellaneous Bargaining Unit modifying the existing Memorandum of Understanding between the parties, and consistent with the terms and conditions outlined in the side letter agreement attached hereto and marked Exhibit A; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute on behalf of the City of San Bruno the attached side letter agreement, and any modified and consolidated Memorandum of Understanding prepared incorporating all prior agreed upon terms and conditions of employment approved by the City of San Bruno and the Miscellaneous Bargaining Unit represented by Teamsters Local 856.

Exhibit A: Side letter agreement
---oOo---
I hereby certify that foregoing Resolution No. 2024 - __ was adopted by the San Bruno City Council at a special meeting on November 26, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1

CITY OF SAN BRUNO
MISCELLANEOUS BARGAINNING UNIT, TEAMSTERS LOCAL 856
T
entative Side Letter Agreement
November 13, 2024
P
ursuant to the provisions of the Meyers-Milias-Brown Act (MMBA) and the Memorandum of Understanding “MOU” between the City of San Bruno “CITY” and the Teamsters Local 856, IBT – Miscellaneous Bargaining Unit “UNION, ” this Tentative Agreement “AGREEMENT” is entered into on _____________, between CITY and UNION as an amendment to the MOU expiring December 31, 2024. It is understood and agreed that the speciﬁc provisions contained in AGREEMENT shall supersede any previous MOU provisions addressed herein. Except as provided herein, all wages, hours, and other terms and conditions of employment presently enjoyed by UNION and contained in the MOU shall remain in full force and effect.

S
ection 59. Term
R
EVISED: 59.1.1. – This Memorandum of Understanding except as otherwise noted, shall remain in effect for those employees employed in the classiﬁcations set forth in Appendix A for the period from January 1, 2022 through December 31, 2025, except to the extent that such Memorandum of Understanding may be modiﬁed by the parties during such period, and shall continue in full force and effect until either superseded by a subsequent Memorandum of Understanding or by such other action of the City Council affecting wages, hors, and conditions of employment of the employees in classiﬁcations covered by this Memorandum of Understanding.

S
ection 6. Salary Plan
N
EW: 6.1.3.4 – 4.5% increase effective the ﬁrst full pay period in January 2025 R
EVISED: 6.1.5 – A salary survey shall be conducted at least thirty (30) days prior to the initiation of negotiations for a successor agreement in 2025. The cities surveyed shall be revisited before survey is conducted.

N
EW: 6.1.38. – Maintenance Worker Classiﬁcation – CITY shall conduct a study of Maintenance Worker classiﬁcation and the impact of any changes on other classes by the end of the current ﬁscal year. Either CITY or UNION may request that the impacts of the study become a topic of discussion during the successor MOU negotiations (effective January 1, 2026) however CITY makes no commitment to modifying classiﬁcations or salaries unless mutually agreed upon in the successor MOU negotiations.

S
ection 20. Hours of Work, Overtime, Premium Pay
N
EW: 20.1.22. – Winter Closure Pilot Program – CITY and UNION agree to conduct a Winter Closure pilot program in 2024 during which CITY will close certain worksites on December 26th, 27th, 30th, and 31st, 2024, in addition to regularly scheduled holidays of December 24th and 25th, 2024 and January 1, 2025.

Docusign Envelope ID: 86F36A8C-342B-4825-895E-CBFF137CF77A November 13, 2024
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ATTACHMENT 1, Exhibit A
Tentative Side Letter Agreement – City of San Bruno and Teamsters Local 856 Miscellaneous November 13, 2024

Page 2 of 3 ends

20.1.22.1 During the Winter Closure days, CITY shall provide ten (10) hours for straight time pay, Winter Closure Paid Time Off (“Winter Closure PTO” ,) and, for the balance of the employee’s regularly scheduled workweek, the employee shall use their accrued leave balances (not to include sick leave) to receive their full, regularly scheduled hours of pay. In most cases, the employees will use twenty-two (22) hours of accrued leave unless:

20.1.22.1.1. Work during Winter Closure. C I T Y, in its sole discretion, may require an employee to report to work to maintain
regular or emergency operations. In this instance, employees required to work will be paid both regular hours worked and up-to 10 hours Winter Closure PTO on a one-for-one basis as “Winter Closure PTO In-L i e u ”. Any standby assignment during the holiday closing shall be administered pursuant to Sec 20.1.13 of the MOU. The following examples are
illustrative.
• Example 1: the employee works on December 26
th and
27th for a total of sixteen (16) hours, however the
employee does not work on December 30th or 31st. In
Example 1, the employee will be paid 16 hours of regular pay, ten (10) hours of Winter Closure PTO In-Lieu, and
may use accrued leave for the remaining six (6) hours to receive their full, regularly scheduled hours of pay. All hours paid are at straight time, i.e., 1.0x the employee’s base hourly rate of pay.
• Example 2: the employee works all four Winter Closure days, December 26
th, 27th, 30th, and 31st. In Example 2,
the employee will receive their regular pay for hours
worked plus ten (10) hours of Winter Closure PTO In-Lieu pay. All hours paid are at straight time, i.e., 1.0x the employee’s base hourly rate of pay.
• Example 3: the employee works both four Winter Closure days, December 26th, 27th, 30th, and 31st, and X hours of overtime on one or more days. Overtime hours will be
paid in accordance with “Section 20.1.5. Overtime” of
the MOU. In Example 3, the employee will receive ten (10) hours of Winter Closure PTO In-Lieu pay at straight time and do not count toward “regularly schedule hours” in
any one (1) day.

20.1.22.1.2. Leave without pay option. The employee makes an election to take any portion of the required hours as leave without pay. In this instance, the employee will receive payment for ten (10) hours of Winter Closure PTO.

20.1.22.1.3. Insufficient accrued leave. The employee does not have a sufficient accrued leave balance for the required Winter Docusign Envelope ID: 86F36A8C-342B-4825-895E-CBFF137CF77A

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Tentative Side Letter Agreement – City of San Bruno and Teamsters Local 856 Miscellaneous November 13, 2024

Page 3 of 3 ends

Closure hours and the employee desires to receive their full, regularly scheduled hours of pay. In this instance, the employee can draw their personal leave bank (ﬂoating
holiday) into negative status with future ﬂoating holiday accruals offsetting the negative balance. The employee will receive payment for ten (10) hours of Winter Closure PTO ﬁrst and then the employee may draw down the personal leave
bank, as necessary, not to exceed 22 hours.

NEW: 20.1.23. – Thirty-six (36) hour Workweek Labor Management Committee – CITY and UNION agree to calendar discussion of a potential opportunity for a thirty-six (36) hour workweek proposal before the Joint Labor Management Committee with representatives from CITY , UNION, and Teamsters Local 350, IBT, Mid-Management. This will be a working group only and will require further meet and confer between CITY and UNION prior to considering implementation.

Section 33. Health and Welfare

REVISED: 33.1.5. – Beginning January 1, 2022 through December 31, 2025, the City shall pay 75% and employee pay 25% of the health and welfare beneﬁt premium increase over the prior plan year based on the cost of the plan options which the employee has selected.

CITY and UNION have met and conferred in good faith concerning the terms and conditions of AGREEMENT and its implementation and now, therefore, agree to the above amendments, pending ratiﬁcation by a majority of UNION membership and CITY governing board (City Council.)

For CITY For UNION

_____________________________________ ______________________________________ Alex D. McIntyre, Peter Finn,
City Manager Secretary-Treasurer/ Principal Officer Date: Date:

Docusign Envelope ID: 86F36A8C-342B-4825-895E-CBFF137CF77A 11/19/2024
11/19/2024

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: November 26, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Administrative Services Director & CFO SUBJECT: Consider Adoption of a Resolution Approving a Side Letter Agreement between the City of San Bruno and the Mid-Management Bargaining Unit Represented by Teamsters Local 350, IBT, and Authorizing Execution by the City Manager
BACKGROUND:

The existing Memorandum of Understanding (MOU) between the City of San Bruno (CITY ) and the Teamsters Local 350, IBT Mid-Management Bargaining Unit (UNION) expires on December 31, 2025. Although the current MOU is closed, representatives from the CITY and the UNION have met and conferred in good faith to develop a tentative agreement (TA). Except as identified in the TA, all wages, hours and other terms and conditions of the employment shall remain in full-force and effect.

UNION leadership distributed the tentative side letter agreement to the UNION’s members for vote, and the CITY was notified on November 22, 2024 that the TA was ratified as presented.

DISCUSSION:

The attached Side Letter Agreement (SLA) for the UNION will include the following terms in summary:

1. Winter closure – one-time pilot closure of offices between the Christmas and New Year holidays, providing UNION ten (10) hours of straight time pay to use during the closure.

2. 36-Hour workweek – establish a Joint Labor Management Committee to further explore opportunities
The SLA is subject to full approval by both the UNION members and the San Bruno City Council.

FISCAL IMPACT:

The total estimated cost for the execution of the recommended SLA is $56,250, inclusive one- time pilot closure of offices during the time between the Christmas and New Year holidays, as presented. With employees using twenty-two (22) hours of their accrued leave balances. Use of accrued leave balances reduces the City‘s payout of leave balances at a future date by approximately $72,000 due to employees’ use of 22 hours of accrued leave during the Winter 9 of 13
Item 3b.

Honorable Mayor and Members of the City Council
November 26, 2024

Page 2 of 2 ends

Closure. Active management of accrued leave balance payouts is a best financial management practice. Further, the Winter Closure provides a substantive break for employee by allowing UNION members the opportunity to rejuvenate. The savings resulting from the reduced leave payout is not recognized in calculation of the SLA‘s total cost.

ENVIRONMENTAL IMPACT:

The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Adopt Resolution Approving a Side Letter Agreement between the City of San Bruno and the Mid-Management Bargaining Unit represented by Teamsters Local 350, IBT, and Authorizing Execution by the City Manager.

ALTERNATIVES:

Do not adopt the side letter agreement.

ATTACHMENTS:

1. Resolution with Exhibit A – Side letter agreement

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2 1
RESOLUTION NO. 2024 - ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO APPROVING A

SIDE LETTER AGREEMENT BETWEEN THE CITY OF SAN BRUNO AND THE MID- MANAGEMENT BARGAINING UNIT REPRESENTED BY TEAMSTERS LOCAL 350, IBT,

AND AUTHORIZING EXECUTION BY THE CITY MANAGER
WHEREAS, representatives from the Mid-Management Bargaining Unit represented by the Teamsters Local 350 IBT and representatives of the City of San Bruno have negotiated in good faith; and
WHEREAS, as a result of negotiations meet and confer process, a side letter agreement has been reached regarding a pilot winter closure and labor management committee as stipulated in EXHIBIT A attached to this resolution; and WHEREAS, the City was notified that the members of the Mid-Management Bargaining Unit ratified the agreement as presented; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Bruno that it hereby approves the tentative side letter agreement reached between the City of San Bruno and the Mid-Management Bargaining Unit modifying the existing Memorandum of Understanding between the parties, and consistent with the terms and conditions outlined in the side letter agreement attached hereto and marked EXHIBIT A; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute on behalf of the City of San Bruno the attached side letter agreement, and any modified and consolidated Memorandum of Understanding prepared incorporating all prior agreed upon terms and conditions of employment approved by the City of San Bruno and the Mid-Management Bargaining Unit represented by Teamsters Local 350.
---oOo---
I hereby certify that foregoing Resolution No. 2024 - __ was adopted by the San Bruno City Council at a special meeting on November 26, 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
____________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1

CITY OF SAN BRUNO
MID-MANAGEMENT BARGAINNING UNIT, TEAMSTERS LOCAL 350
Tentative Side Letter Agreement
November 15, 2024
Pursuant to the provisions of the Meyers-Milias-Brown Act (MMBA) and the Memorandum of Understanding “MOU” between the City of San Bruno “CITY” and the Teamsters Local 350, IBT – Mid-Management Bargaining Unit “UNION, ” this Tentative Agreement “AGREEMENT” is entered into on _____________, between CITY and UNION as an amendment to the MOU expiring December 31, 2025. It is understood and agreed that the specific provisions contained in AGREEMENT shall supersede any previous MOU provisions addressed herein. Except as provided herein, all wages, hours, and other terms and conditions of employment presently enjoyed by UNION and contained in the MOU shall remain in full force and effect.

Section 22. Holidays
NEW: 22.8. – Winter Closure Pilot Program – CITY and UNION agree to conduct a Winter Closure pilot program in 2024 during which the City will close certain worksites on December 26th, 27th, 30th, and 31st, 2024, in addition to regularly scheduled holidays of December 24th and 25th, 2024, and January 1, 2025.

22.8.1 During the Winter Closure days, CITY shall provide ten (10) hours for straight time pay, Winter Closure Paid Time Off (“Winter Closure PTO” ,) and, for the balance of the employee’s regularly scheduled workweek, the employee shall use their accrued leave balances (not to include sick leave) to receive their full, regularly scheduled hours of pay. In most cases, the employees will use twenty-two (22) hours of accrued leave unless:

22.8.1.1. Work during Winter Closure. CITY , in its sole discretion, may require an employee to report to work to maintain
regular or emergency operations. In this instance, employees required to work will be paid both regular hours worked and up-to 10 hours Winter Closure PTO on a one-for-one basis as “Winter Closure PTO In-Lieu” . Any employee that is eligible for overtime hours will be paid in accordance with “Section

15. Overtime” of the MOU.

22.8.1.2. Leave without pay option. The employee makes an election to take any portion of the required hours as leave without pay. In this instance, the employee will receive payment for ten (10) hours of Winter Closure PTO.

22.8.1.3. Insufficient accrued leave. The employee does not have a sufficient accrued leave balance for the required Winter Closure hours and the employee desires to receive their full, regularly scheduled hours of pay. In this instance, the employee can draw their personal leave bank (floating
Docusign Envelope ID: 31BA0B66-59C8-46DE-9B8B-3173BB32527C November 15, 2024
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ATTACHMENT 1, Exhibit A
Tentative Side Letter Agreement – City of San Bruno and Teamsters Local 350 Mid-Management November 15, 2024

Page 2 of 2 ends

holiday) into negative status with future floating holiday accruals offsetting the negative balance. The employee will receive payment for ten (10) hours of Winter Closure PTO first and then the employee may draw down the personal leave
bank, as necessary, not to exceed 22 hours.

Section 44.Flexible Work Schedules

NEW: 44.2 – Thirty-six (36) hour Workweek Labor Management Committee – CITY and UNION agree to calendar discussion of a potential opportunity for a thirty-six (36) hour workweek proposal before the Joint Labor Management Committee with representatives from CITY , UNION, and Teamsters Local 856, IBT, Miscellaneous. This will be a working group only and will require further meet and confer between CITY and UNION prior to considering implementation.

CITY and UNION have met and conferred in good faith concerning the terms and conditions of AGREEMENT and its implementation and now, therefore, agree to the above amendments, pending ratification by a majority of UNION membership and CITY governing board (City Council.)

For CITY For UNION

______________________________________ ______________________________________ Alex D. McIntyre, Peter Finn,
City Manager Secretary-Treasurer/ Principal Officer Date: Date:

Docusign Envelope ID: 31BA0B66-59C8-46DE-9B8B-3173BB32527C 11/20/2024
11/20/2024

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San Bruno City CouncilNovember 26, 2024

San Bruno City Council
November 26, 2024