San Bruno City Council
February 24, 2026

"The City With a Heart"
Rico E. Medina, Mayor
Sandy Alvarez, Vice Mayor
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
February 24, 2026
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation and 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
https://sanbruno­ca­gov.zoom.us/j/89433801039?
pwd=juB5q9TOyomYwqMb1PkcjCowTNWF1c.1
Phone Line: 1­646­558­8656
Webinar ID: 894 3380 1039
Webinar Password:  189303
*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. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed up to three minutes, subject to the Mayor’s discretion based on the anticipated length in the meeting. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
There is a single public comment period for all items in this section a. Join us for a community town hall to welcome our new Police Chief Matt Lethin on Tuesday, March 3rd from 6:00 pm to 7:00 pm at the Bay Area Entrepreneur Center located at 458 San Mateo Avenue
b. Proclamation Recognizing March as National Women’s History Month

6. 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. Approve the Draft Special Meeting Minutes for February 10, 2026 and Regular Meeting Minutes for February 10, 2026
b. Approve Accounts Payable for February 9, 2026 and February 17, 2026 c. Accept Payroll for February 8, 2026
d. Approve Investment Report dated January 31, 2026
e. Approve Reconciliation of General Ledger to Bank Report Dated December 31, 2025 f. Consider Adoption of a Resolution Approving the Tentative Agreement Between the City of San Bruno and Teamsters Local 856 IBT Miscellaneous Unit for the Term January 1, 2026 through December 31, 2028 and Authorizing Execution by the City Manager g. Consider Adoption of a Resolution Approving the Tentative Agreement Between the City of San Bruno and Teamsters Local 350, IBT Mid­Management Unit for the Term January 1, 2026 through December 31, 2028, and Authorizing Execution by the City Manager h. Consider Adoption of a Resolution Approving Publicly Available Pay Schedule Effective January 12, 2026
i. Consider Adoption of a Resolution Approving the Selection of Artist Maxwell Emcays and the Sculpture Proposal “Pulse of Connection” for Installation at Posy Park, and Authorizing the City Manager, in Conjunction with the City Attorney, to Negotiate and Execute an Agreement with Maxwell Emcays in an Amount Not to Exceed $75,000​

7. STUDY SESSION
Public comment will be requested after each topic in this section a. ​Hold a Study Session to ​Consider and Provide Direction on the Creation of a Community Services Commission by Merging the Culture and Arts Commission into the Parks and Recreation Commission and Adding Library Services to the Commission’s Advisory Role

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Receive and File the 2026 Technology Assessment Report

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 10, 2026 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 February 19, 2026, by 8:00 pm. 1 of 258
"The City With a Heart"
Rico E. Medina, Mayor
Sandy Alvarez, Vice Mayor
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
February 24, 2026
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation and 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
https://sanbruno­ca­gov.zoom.us/j/89433801039?
pwd=juB5q9TOyomYwqMb1PkcjCowTNWF1c.1
Phone Line: 1­646­558­8656
Webinar ID: 894 3380 1039
Webinar Password:  189303
*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. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed up to three minutes, subject to the Mayor’s discretion based on the anticipated length in the meeting. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
There is a single public comment period for all items in this section a. Join us for a community town hall to welcome our new Police Chief Matt Lethin on Tuesday, March 3rd from 6:00 pm to 7:00 pm at the Bay Area Entrepreneur Center located at 458 San Mateo Avenue
b. Proclamation Recognizing March as National Women’s History Month

6. 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. Approve the Draft Special Meeting Minutes for February 10, 2026 and Regular Meeting Minutes for February 10, 2026
b. Approve Accounts Payable for February 9, 2026 and February 17, 2026 c. Accept Payroll for February 8, 2026
d. Approve Investment Report dated January 31, 2026
e. Approve Reconciliation of General Ledger to Bank Report Dated December 31, 2025 f. Consider Adoption of a Resolution Approving the Tentative Agreement Between the City of San Bruno and Teamsters Local 856 IBT Miscellaneous Unit for the Term January 1, 2026 through December 31, 2028 and Authorizing Execution by the City Manager g. Consider Adoption of a Resolution Approving the Tentative Agreement Between the City of San Bruno and Teamsters Local 350, IBT Mid­Management Unit for the Term January 1, 2026 through December 31, 2028, and Authorizing Execution by the City Manager h. Consider Adoption of a Resolution Approving Publicly Available Pay Schedule Effective January 12, 2026
i. Consider Adoption of a Resolution Approving the Selection of Artist Maxwell Emcays and the Sculpture Proposal “Pulse of Connection” for Installation at Posy Park, and Authorizing the City Manager, in Conjunction with the City Attorney, to Negotiate and Execute an Agreement with Maxwell Emcays in an Amount Not to Exceed $75,000​

7. STUDY SESSION
Public comment will be requested after each topic in this section a. ​Hold a Study Session to ​Consider and Provide Direction on the Creation of a Community Services Commission by Merging the Culture and Arts Commission into the Parks and Recreation Commission and Adding Library Services to the Commission’s Advisory Role

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Receive and File the 2026 Technology Assessment Report

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 10, 2026 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 February 19, 2026, by 8:00 pm. 2 of 258

"The City With a Heart"
Rico E. Medina, Mayor
Sandy Alvarez, Vice Mayor
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
February 24, 2026
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation and 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
https://sanbruno­ca­gov.zoom.us/j/89433801039?
pwd=juB5q9TOyomYwqMb1PkcjCowTNWF1c.1
Phone Line: 1­646­558­8656
Webinar ID: 894 3380 1039
Webinar Password:  189303
*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. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed up to three minutes, subject to the Mayor’s discretion based on the anticipated length in the meeting. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
There is a single public comment period for all items in this section a. Join us for a community town hall to welcome our new Police Chief Matt Lethin on Tuesday, March 3rd from 6:00 pm to 7:00 pm at the Bay Area Entrepreneur Center located at 458 San Mateo Avenue
b. Proclamation Recognizing March as National Women’s History Month

6. 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. Approve the Draft Special Meeting Minutes for February 10, 2026 and Regular Meeting Minutes for February 10, 2026
b. Approve Accounts Payable for February 9, 2026 and February 17, 2026 c. Accept Payroll for February 8, 2026
d. Approve Investment Report dated January 31, 2026
e. Approve Reconciliation of General Ledger to Bank Report Dated December 31, 2025 f. Consider Adoption of a Resolution Approving the Tentative Agreement Between the City of San Bruno and Teamsters Local 856 IBT Miscellaneous Unit for the Term January 1, 2026 through December 31, 2028 and Authorizing Execution by the City Manager g. Consider Adoption of a Resolution Approving the Tentative Agreement Between the City of San Bruno and Teamsters Local 350, IBT Mid­Management Unit for the Term January 1, 2026 through December 31, 2028, and Authorizing Execution by the City Manager h. Consider Adoption of a Resolution Approving Publicly Available Pay Schedule Effective January 12, 2026
i. Consider Adoption of a Resolution Approving the Selection of Artist Maxwell Emcays and the Sculpture Proposal “Pulse of Connection” for Installation at Posy Park, and Authorizing the City Manager, in Conjunction with the City Attorney, to Negotiate and Execute an Agreement with Maxwell Emcays in an Amount Not to Exceed $75,000​

7. STUDY SESSION
Public comment will be requested after each topic in this section a. ​Hold a Study Session to ​Consider and Provide Direction on the Creation of a Community Services Commission by Merging the Culture and Arts Commission into the Parks and Recreation Commission and Adding Library Services to the Commission’s Advisory Role

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Receive and File the 2026 Technology Assessment Report

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 10, 2026 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 February 19, 2026, by 8:00 pm. 3 of 258

THIS PAGE INTENTIONALLY LEFT BLANK
"The City With a Heart"
Rico E. Medina, Mayor
Sandy Alvarez, Vice Mayor
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
Marty Medina, Councilmember, District 4

MINUTES

SAN BRUNO CITY COUNCIL SPECIAL MEETING
February 10, 2026
6:00 PM

1. CALL TO ORDER
The meeting was called to order at 6:00 pm.

2. ROLL CALL
Councilmembers Hamilton, M. Medina, Salazar, Vice Mayor Alvarez and Mayor R.

Medina were all present.

3. STUDY SESSION
a. Review information regarding the process for the selection of a sculpture for installation at Posy Park and provide feedback and direction on how to proceed Community Services Superintendent, Tim Wallace presented the item to the City Council and answered questions
The following member(s) of the public provided comments:
• Soloman Bassoff
Community Services Director Travis Karlen answered questions City Attorney Trisha Ortiz answered questions
City Manager Alex McIntyre answered questions
City Council directed staff to follow the sculpture selection process No reportable action was taken.

4. ADJOURNMENT
This meeting adjourned at 6:34 pm to the next Regular City Council Meeting on February 24, 2026 at 7:00 pm.

These meeting minutes were prepared by Alissa Leonardini, Deputy City Clerk, and presented to the City Council for approval at the regular meeting of February 24, 2026 _________________________ ___________________________
A
lissa Leonardini Rico E. Medina
Deputy City Clerk Mayor
4 of 258
Item 6a.
"Th e City With a Heart"
Rico E. Medina, Mayor
Sandy Alvarez, Vice Mayor
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
Marty Medina, Councilmember, District 4

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
February 10, 2026
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:00 pm.

2. ROLL CALL
Councilmembers Hamilton, M. Medina, Salazar, Vice Mayor Alvarez and Mayor R.

Medina were all present

3. 4.

PLEDGE OF ALLEGIANCE
Mayor M. Medina led the pledge.

PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
The following members of the public provided comment(s):
• Rich Wong
• D
arlene Esola

5. ANNOUNCEMENTS/PRESENTATIONS
a. Proclamation Recognizing February 17, 2026 as Lunar New Year No members of the public wished to speak under Announcements/Presentations

6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes for November 12, 2025, January 27, 2026 and January 30, 2026 and Regular Meeting Minutes for January 27, 2026 b. Approve Accounts Payable for January 26, 2026 and February 2, 2026 c. Accept Payroll for January 25, 2026
d. Consider Adoption of a Resolution Accepting the Southline Offsite Improvement Project as Complete; and Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office
e. Consider Adoption of a Resolution Approving the Tentative Agreement Between the City of San Bruno and Teamsters IBT Local 856 Fire Unit for the Term January 1, 2026 through December 31, 2028
f. Consider Adoption of a Resolution Approving an Updated Publicly Available Pay Schedule Effective January 12, 2026
5 of 258
City Council – Minutes
February 10, 2026

g. Consider Adoption of a Resolution Updating the Authorized City Officials to Invest Funds in the State of California Local Agency Investment Fund h. Consider Adoption of a Resolution Authorizing the City Manager to Waive the City Rental Fee in the Amount of $204 for the San Bruno Junior Giants Registration Event at the San Bruno Public Library on May 2, 2026
No items were pulled for a separate vote.

No items were pulled for comments or questions.

No members of the public wished to speak under this item.

M/S Salazar / Hamilton to approve consent. Motion passed unanimously 5-0.

7. STUDY SESSION
a.

Receive a Presentation on the Clean-Up San Bruno Initiative: Six-Month Update Staff presenters:
• Public Works Director Matt Lee
• Police Captain Brent Schimek
• Streets and Stormwater Manager Gino Quinn
• Code Enforcement Supervisor Scott Rogge
• Public Works Deputy Director of Maintenance and Operations Dennis Bosch • Parks Services Manager Dan Venezia
• Public Works Management Analyst Ana Morales
• Consultant: Sunil Casuba- CEO/Founder of Smart Talent AI Public Works Director Lee answered questions
Public Works Deputy Director Bosch answered questions
Captain Brent Schimek answered questions
No members of the public wished to speak under this item.

No reportable action was taken

8. CONDUCT OF BUSINESS
a. Consider adoption of the Fiscal Year 2026-27 City Council Priorities and Budget Principles Assistant to the City Manager Brian Adam presented the item to the City Council City Manager Alex McIntyre answered questions and provided comments Community Development Director Peter Gilli answered questions The following member(s) of the public provided public comment:
• Joanna Dunn
Captain Brent Schimek answered questions
Community Services Director Travis Karlen answered questions M/S Hamilton / M. Medina to adopt the budget principles and City Council priorities for FY 2026-27 with the understanding that the Safe San Bruno + Crime Prevention Pilot will be brought back at a future meeting. Motion passed unanimously.

6 of 258

City Council – Minutes
February 10, 2026

9. COUNCIL COMMITTEE REPORT OUT
The following members of the City Council provided comments • Mayor R. Medina

10. COMMENTS FROM COUNCIL MEMBERS
The following members of the City Council provided comments:
• Councilmember M. Medina
• Mayor R. Medina

11. ADJOURNMENT
The meeting adjourned at 9:31 pm to the next Regular City Council Meeting on February 24, 2026 at 7:00 pm.

These City Council meeting minutes were prepared by Alissa Leonardini, Deputy City Clerk, and presented to the City Council for approval at the regular meeting of February 24, 2026.

_________________________ ___________________________ Alissa Leonardini Rico E. Medina Deputy City Clerk Mayor

7 of 258

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative SUBJECT: Accounts Payable Warrant Register
This is to certify that the claims listed on page 1 to 3 inclusive for checks dated February 9, 2026, and/or claims numbered from 222080 through 222205 inclusive, totaling $1,269,690.64, have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $181,643.70
005 Measure G District Sales Tax $19,776.00
121 Federal/State Grants $2,872.80
132 Agency On Aging $1,246.45
133 Restricted Revenues $903.14
137 Developer Project Contributions $50,813.59
141 Community Development $5,877.61
142 Recreation & Aquatics Center (RAC) $32,436.52
201 Parks and Facilities Capital $41,098.75
203 Street Improvement Projects $96,717.12
611 Water Fund $281,219.91
621 Stormwater Fund $46,694.39
631 Wastewater Fund $390,224.40
641 CityNet Services Fund -$3,576.03
651 Parking Fund $4,061.75
701 Central Garage $30,080.50
702 Facility Maintenance Fund $19,614.40
703 General Equipment Revolving $64,952.41
707 Technology Development $3,033.23
TOTAL FOR APPROVAL $1,269,690.64
Respectfully submitted,
_________________________
Chief Financial Officer Date
Docusign Envelope ID: 58855F43-AF83-47E2-91D9-9ECBEBB32C24 2/9/2026
8 of 258 Item 6b.
2/9/2026 12:43:45PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0116247 ACTION SOLAR 222080 559.752/9/2026
0106435 ACTION TOWING & ROAD SVC. INC. 222081 159.502/9/2026 0116252 ALFONSO QUINTERO 222164 87.822/9/2026
0017459 ALL CITY MANAGEMENT SVC.INC. 222082 3,883.732/9/2026 0104542 ALTA LANGUAGE SERVICES, INC. 222083 207.002/9/2026 0014890 AMERICAN WATER WORKS ASSN. 222084 113.002/9/2026 0096700 ANDY'S WHEELS & TIRES 222085 2,240.302/9/2026 0111888 ASIAN ART MUSEUM FOUNDATION 222086 300.002/9/2026 0016123 AT&T 222087 2,816.342/9/2026
0017191 AT&T 222088 683.452/9/2026
0018465 AT&T MOBILITY 222089 197.112/9/2026
0106606 BAILEY FENCE COMPANY, INC. 222090 19,776.002/9/2026 0112214 BARRY JOHAL 222137 339.142/9/2026
0001849 BAY AREA WATER SUPPLY & CONSERVATION AGENCY 222187 19,452.732/9/2026 0105943 BAY INK SCREEN 222091 3,462.112/9/2026
0110745 BETTERHELP, INC. 222092 340.002/9/2026
0109646 BIO CAR CARE 222093 525.002/9/2026
0114664 BLUE FIN AQUATICS SCHOOL 222094 967.202/9/2026 0000378 BROADMOOR LANDSCAPE SUPPLY 222096 730.662/9/2026 0107369 CALIFORNIA BANK OF COMMERCE 222098 29,121.352/9/2026 0110323 CAPF 222099 944.002/9/2026
0116264 CHRISTOPHER GUAN 222128 50.002/9/2026
0016324 CINTAS CORPORATION #464 222102 35.732/9/2026
0109639 CLAREMONT BEHAVIORAL SVCS,INC. 222103 753.752/9/2026 0109788 CORE & MAIN LP 222104 4,463.782/9/2026
0111492 CORNING FORD INC. 222105 64,952.412/9/2026
0110941 CORODATA RECORDS MANAGEMENT, INC. 222166 103.972/9/2026 0105811 CSAC EXCESS INSURANCE AUTHORITY 222113 14,427.292/9/2026 0018331 CSG CONSULTANTS INC. 222106 26,778.002/9/2026 0106011 CWEA-SFBS 222107 251.002/9/2026
0108696 DAVID J POWERS AND ASSOCIATES, INC. 222159 598.502/9/2026 0116278 DAVID STAFFORD 222184 100.002/9/2026
0110188 DOMINIC GARCIA 222121 500.002/9/2026
0018899 EOA INC. 222111 21,686.792/9/2026
0000046 EWING IRRIGATION PRODUCTS INC 222112 427.462/9/2026 0102627 FASTRK VIOLATION PROCESSING DEPT. 222199 39.002/9/2026 0112143 FIRST VANGUARD RENTALS&SALES 222115 1,133.912/9/2026 0096429 FLEET DATA SYSTEMS, LLC 222116 24,100.002/9/2026 0109400 FLEETROCK, LLC 222117 500.002/9/2026
0018117 FLYERS ENERGY, LLC 222118 8,144.582/9/2026
0017258 FOUR STAR AUTOMOTIVE, INC. 222119 359.702/9/2026 0116259 FRANCES TOMACCI 222191 41.012/9/2026
0109776 FRESH LINE PRODUCE 222120 390.952/9/2026
0016363 GCS ENVIRONMENTAL & EQUIPMENT SVC. 222110 253.792/9/2026 0108415 GOLDEN BAY CONSTRUCTION, INC. 222122 1,145.732/9/2026 0108425 GOOD CITY COMPANY 222123 5,769.252/9/2026
0110360 GOT GOPHERS, INC. 222124 1,800.002/9/2026
0106373 GRAFFITI PROTECTIVE COATINGS, INC. 222161 17,646.002/9/2026 0000162 GRAINGER 222125 4,061.752/9/2026
0000541 GRANITE ROCK COMPANY 222126 261.992/9/2026
0017900 GREAT LAKES DATA SYSTEMS INC 222127 2,475.612/9/2026 0000385 HACH COMPANY 222129 1,951.052/9/2026
0108221 HDL COREN & CONE 222130 3,556.252/9/2026
Page: 1
Docusign Envelope ID: 58855F43-AF83-47E2-91D9-9ECBEBB32C24

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Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0116268 ILLINOIS LIBRARY ASSOCIATION 222132 694.842/9/2026 0112186 INGRAM LIBRARY SERVICES, LLC 222133 750.912/9/2026 0103045 INTERACTIVE RESOURCES, INC. 222134 13,198.502/9/2026 0000581 IRVINE & JACHENS INC. 222135 428.512/9/2026
0112299 JAMES SOMMERS 222182 98.002/9/2026
0101597 JAMES VILLANTE 222198 150.002/9/2026
0112387 JANELLA MARGARITA PECSON JUAN 222138 2,872.802/9/2026 0116276 JIM LOUIE 222142 170.002/9/2026
0094283 JING CHIU 222101 30.002/9/2026
0103342 JMB CONSTRUCTION, INC. 222136 553,305.652/9/2026 0116272 JOHNSON YOU 222205 144.002/9/2026
0107267 JUAN LOZANO 222143 500.002/9/2026
0116271 JUDITH TAPIA 222188 156.002/9/2026
0114676 KIM BURSON 222097 48.302/9/2026
0116275 KIMBERLY BRANCH 222095 200.002/9/2026
0114678 KONE INC 222139 12,110.002/9/2026
0109500 LAMPO INVESTIGATIONS-POLYGRAPH 222140 1,000.002/9/2026 0109978 LINDE GAS & EQUIPMENT INC. 222141 219.062/9/2026 0109097 M-GROUP 222146 22,991.252/9/2026
0116279 MAGGIE SHORTES 222177 60.002/9/2026
0109532 MATRIX HG, INC. 222145 18,257.002/9/2026
0092285 MICROMARKETING LLC 222147 67.572/9/2026
0016863 MIDWEST TAPE, LLC 222148 227.932/9/2026
0106637 MOBILE BEACON 222149 2,119.002/9/2026
0116274 NEXT LEVEL HVAC ENERGY MANAGEMENT SYSTEMS 222109 2,070.002/9/2026 0111055 O'REILLY AUTO PARTS 222152 871.502/9/2026
0110243 ODP BUSINESS SOLUTIONS, LLC 222150 1,090.132/9/2026 0097567 ONE HOUR DRY CLEANING 222151 448.852/9/2026
0018701 ORKIN PEST CONTROL 222153 1,424.232/9/2026
0000012 PACIFIC GAS & ELECTRIC 222154 84,163.042/9/2026 0001154 PENINSULA LIBRARY SYSTEM 222155 509.492/9/2026 0106229 PET FOOD EXPRESS 222156 57.422/9/2026
0112420 PING PING CHEN 222100 3,500.002/9/2026
0111229 PINPOINT TALENT, LLC 222157 2,754.002/9/2026
0105947 PLACEWORKS 222158 4,095.302/9/2026
0110569 PROMO PLUMBING 222160 2,000.002/9/2026
0097558 PURCHASE POWER 222162 414.802/9/2026
0013981 QUILL CORPORATION 222163 86.852/9/2026
0000175 RECOLOGY SAN BRUNO 222165 646.912/9/2026
0110332 RICHARDS,WATSON & GERSHON 222168 522.002/9/2026 0018597 SAN MATEO DAILY JOURNAL 222171 720.002/9/2026 0017145 SAN MATEO LAWN MOWER SHOP 222172 751.812/9/2026 0095975 SCOT MACKENZIE 222144 500.002/9/2026
0111549 SCP DISTRIBUTORS LLC 222173 1,720.542/9/2026
0018461 SERRAMONTE FORD, INC. 222174 742.262/9/2026
0097626 SHARP ELECTRONICS CORP. 222175 330.372/9/2026 0018962 SHOE DEPOT INC. 222176 200.002/9/2026
0109953 SHRED CITY 222178 63.722/9/2026
0113157 SILVERFOX ELECTRIC, INC. 222179 6,321.252/9/2026 0104787 SINGER ASSOCIATES, INC. 222180 579.592/9/2026 0110326 SNG & ASSOCIATES, INC. 222181 4,967.502/9/2026 0111327 SOUTH CENTRAL PLANNING& DEVELOPMENT COMMISSION(SCPDC) 222108 1,188.332/9/2026 0017508 SOUTH CITY LUMBER AND SUPPLY 222183 113.052/9/2026 0102991 STEVE SALAZAR 222170 155.002/9/2026
Page: 2
Docusign Envelope ID: 58855F43-AF83-47E2-91D9-9ECBEBB32C24

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Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0105796 SUNRISE FOOD DISTRIBUTOR INC. 222185 855.502/9/2026 0017016 SUPERCO SPECIALTY PRODUCTS 222186 997.732/9/2026 0116277 SUSIE TONG 222192 158.002/9/2026
0106372 TERRACON CONSULTANTS INC. 222189 3,545.502/9/2026 0116265 THAN HTAY 222131 75.002/9/2026
0000241 THE ADAM-HILL COMPANY 222190 580.912/9/2026
0104853 TIM ROSS 222169 80.002/9/2026
0116260 TORO STEEL BUILDINGS USA INC 222193 10,537.502/9/2026 0106660 TRIDENT K9 CONSULTING INC. 222194 550.002/9/2026 0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 222167 2,366.842/9/2026 0105774 UNITED STORM WATER, INC. 222195 24,757.602/9/2026 0102744 UNIVERSAL BUILDING SERVICES 222196 17,218.802/9/2026 0116266 VADIM FEINMAN 222114 50.002/9/2026
0095749 VERIZON WIRELESS 222197 3,915.642/9/2026
0104867 VSS INTERNATIONAL, INC. 222200 91,881.262/9/2026 0096767 WEST COAST ARBORISTS, INC. 222201 55,061.402/9/2026 0110001 WHITE BRENNER LLP 222202 553.502/9/2026
0096893 WILSEY HAM 222203 7,132.762/9/2026
0013841 WITMER-TYSON IMPORTS INC 222204 900.002/9/2026 Total count: 126
GrandTotal: 1,269,690.64
Page: 3
Docusign Envelope ID: 58855F43-AF83-47E2-91D9-9ECBEBB32C24

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative SUBJECT: Accounts Payable Warrant Register
This is to certify that the claims listed on page 1 to 3 inclusive for checks dated February 17, 2026, and/or claims numbered from 222206 through 222338 inclusive, totaling $313,725.75, have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $127,112.43
003 One-Time Revenue $3,002.83
005 Measure G District Sales Tax $15,926.25
121 Federal/State Grants $2,940.00
122 Solid Waste/Recycle $4,916.14
133 Restricted Revenues $2,831.04
137 Developer Project Contributions $4,781.82
141 Community Development $315.84
203 Street Improvement Projects $4,584.95
611 Water Fund $50,662.52
621 Stormwater Fund $340.79
631 Wastewater Fund $24,685.63
641 CityNet Services Fund $137.77
651 Parking Fund $20,311.88
701 Central Garage $10,730.97
702 Facility Maintenance Fund $13,775.59
707 Technology Development $6,112.43
711 Self-Insurance $20,556.87
TOTAL FOR APPROVAL $313,725.75
Respectfully submitted,
_________________________
Chief Financial Officer Date
Docusign Envelope ID: 9670564C-F776-4902-8220-F072FFF1E12E 2/18/2026
12 of 258
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Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0096852 ABAG PLAN CORPORATION 222206 20,556.872/17/2026 0104680 ACCESS 24 COMMUNICATIONS INC. 222207 605.902/17/2026 0106435 ACTION TOWING & ROAD SVC. INC. 222208 579.252/17/2026 0001170 AIRGAS USA, LLC 222209 394.202/17/2026
0000163 AIRPORT AUTO PARTS INC. 222210 9.092/17/2026
0097137 ALERT DOOR SERVICE INC 222211 800.002/17/2026 0110783 ALEX MCINTYRE 222273 100.782/17/2026
0017459 ALL CITY MANAGEMENT SVC.INC. 222212 3,495.352/17/2026 0018976 ALPHA ANALYTICAL LAB. INC. 222213 4,947.002/17/2026 0110697 AMAZON CAPITAL SERVICES 222215 4,402.852/17/2026 0096700 ANDY'S WHEELS & TIRES 222216 184.002/17/2026
0109246 AQUA METRIC SALES, CO. 222217 4,998.032/17/2026 0109778 ASSOCIATED RIGHT OF WAY SERVICES, INC. 222294 117.502/17/2026 0016123 AT&T 222218 1,079.162/17/2026
0015110 AT&T MOBILITY 222219 44.072/17/2026
0018465 AT&T MOBILITY 222220 269.632/17/2026
0116273 B-K MILL & FIXTURES, INC. 222224 3,640.002/17/2026 0100526 BAY ALARM COMPANY 222222 310.382/17/2026
0001849 BAY AREA WATER SUPPLY & CONSERVATION AGENCY 222311 225.002/17/2026 0109646 BIO CAR CARE 222223 1,850.002/17/2026
0108227 BMW MOTORCYCLES SAN FRANCISCO 222225 4,296.332/17/2026 0111967 CAL WEST RENTALS, INC. 222226 452.452/17/2026 0112880 CASUBA GLOBAL RECRUITMENT ENTERPISES 222249 3,900.002/17/2026 0112889 CENTURY URBAN LLC 222227 12,026.252/17/2026
0016324 CINTAS CORPORATION #464 222228 266.572/17/2026 0098588 CITY OF BURLINGAME 222229 500.002/17/2026
0000227 CITY OF SAN BRUNO-UTILITY 222230 121.202/17/2026 0091935 CITY OF SAN CARLOS 222231 110.002/17/2026
0097202 CITY OF SAN MATEO 222232 775.002/17/2026
0018978 CLEAN HARBORS ENVIRONMENTAL SERVICES, INC 222243 1,677.762/17/2026 0112426 COMCAST 222234 140.652/17/2026
0108798 CONSOLIDATED CM, INC. 222236 8,230.002/17/2026 0109788 CORE & MAIN LP 222237 1,586.562/17/2026
0110941 CORODATA RECORDS MANAGEMENT, INC. 222291 460.302/17/2026 0110590 DENISE ZERON 222336 85.922/17/2026
0103088 DUNN-EDWARDS CORP. 222240 48.832/17/2026
0110181 EILEEN O. GOODWIN 222241 4,500.902/17/2026
0102627 FASTRK VIOLATION PROCESSING DEPT. 222331 22.002/17/2026 0109510 FIRST ALARM 222244 164.252/17/2026
0109400 FLEETROCK, LLC 222245 500.002/17/2026
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 222246 4,459.272/17/2026 0018117 FLYERS ENERGY, LLC 222247 6,979.382/17/2026
0016154 GOETZ BROTHERS SPORTING GOODS 222250 318.282/17/2026 0102989 GOT POWER INC. 222251 3,676.082/17/2026
0000162 GRAINGER 222252 4,016.952/17/2026
0000541 GRANITE ROCK COMPANY 222253 1,141.272/17/2026 0105687 GRAPHICS ON THE EDGE 222254 1,208.692/17/2026 0095966 GREAT AMERICA FINANCIAL SVC. 222255 1,595.972/17/2026 0111486 HD SUPPLY, INC. 222256 1,845.442/17/2026
0112065 HPS WEST, INC. 222257 3,400.632/17/2026
0109121 INFORMATION PROFESSIONALS,INC. 222258 480.002/17/2026 0018838 INFOSEND, INC. 222259 5,014.512/17/2026
0112186 INGRAM LIBRARY SERVICES, LLC 222260 355.152/17/2026 Page: 1
Docusign Envelope ID: 9670564C-F776-4902-8220-F072FFF1E12E

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Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0000545 INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE 222279 220.002/17/2026 0015531 INTERSTATE BATTERY SYS. OF SF 222261 1,759.652/17/2026 0018553 INTERSTATE TRAFFIC CONTROL PRODUCTS 222325 4,058.582/17/2026 0112387 JANELLA MARGARITA PECSON JUAN 222262 2,940.002/17/2026 0116280 JESSICA POWER 222287 539.292/17/2026
0111776 JOY GAYLE 222248 333.002/17/2026
0116284 JUSTINE BANGAYAN 222221 84.002/17/2026
0018050 KAISER FOUNDATION HEALTH PLAN 222263 1,325.752/17/2026 0116286 KATHLEEN MATTHEWS 222272 50.002/17/2026
0017661 KATHY M SCHMIDT 222299 4,254.302/17/2026
0116270 KYLIE WILSON 222334 89.002/17/2026
0014262 LC ACTION POLICE SUPPLY 222264 3,002.832/17/2026 0103799 LDVALI LLC 222265 465.302/17/2026
0105822 LEE & RO, INC. 222266 761.002/17/2026
0017570 LEHR UPFITTERS OPCO LLC 222267 455.372/17/2026 0106012 LEXISNEXIS CLAIMS SOLUTIONS INC. 222233 8,551.692/17/2026 0018777 LEXISNEXIS RISK DATA MANAGEMENT 222295 427.702/17/2026 0095766 LIFE-ASSIST, INC. 222268 1,328.722/17/2026
0110058 LION DANCE ME HOLDINGS INC. 222269 2,820.002/17/2026 0017924 LORAL LANDSCAPING INC. 222270 2,100.002/17/2026 0018177 LOWE'S 222271 5,167.172/17/2026
0016041 METROMOBILE COMMUNICATIONS 222274 1,133.582/17/2026 0116287 MICHAEL SHAGAM 222303 50.002/17/2026
0016863 MIDWEST TAPE, LLC 222275 390.532/17/2026
0109226 NATIX, INC. 222276 2,721.502/17/2026
0116285 NORMA QUICKERT 222288 137.772/17/2026
0112042 NORTHERN TOOL COMMERCIAL ACCT. 222277 2,424.112/17/2026 0111055 O'REILLY AUTO PARTS 222281 117.232/17/2026
0110243 ODP BUSINESS SOLUTIONS, LLC 222278 71.472/17/2026 0097567 ONE HOUR DRY CLEANING 222280 745.152/17/2026
0109702 OUTDOOR SUPPLY HARDWARE 222282 142.562/17/2026 0000012 PACIFIC GAS & ELECTRIC 222283 3,772.292/17/2026 0112249 PAUL UNIACKE 222329 326.882/17/2026
0109463 PENINSULA REGISTRATION SVCS 222284 315.002/17/2026 0111229 PINPOINT TALENT, LLC 222285 1,530.002/17/2026 0018130 PITNEY BOWES INC. 222286 31.912/17/2026
0013981 QUILL CORPORATION 222289 281.392/17/2026
0000175 RECOLOGY SAN BRUNO 222290 1,608.402/17/2026
0110178 RIVER ENGINEERING 222296 3,000.002/17/2026
0106293 ROBERT HALF 222297 2,842.002/17/2026
0108539 ROSALIE L. STEINWAY 222309 245.702/17/2026
0016213 ROZZI REPRODUCTION&SUPPLY INC. 222298 153.272/17/2026 0116282 SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT 222235 4,781.822/17/2026 0099047 SAN MATEO COUNTY SHERIFF'S OFFICE 222238 12,968.002/17/2026 0110499 SAN MATEO RESOURCE CONSERVATION DISTRICT 222293 4,916.142/17/2026 0108537 SCOTT TONG 222324 105.302/17/2026
0109773 SECURITY 101 222300 718.462/17/2026
0110592 SEROLOGICAL RESEARCH INSTITUTE 222301 1,350.002/17/2026 0018461 SERRAMONTE FORD, INC. 222302 79.362/17/2026
0097626 SHARP ELECTRONICS CORP. 222304 2,604.262/17/2026 0110785 SHAWN SHIN 222305 366.132/17/2026
0018214 SIGILLO SUPPLY INC. 222306 166.632/17/2026
0104548 SLOAN SAKAI YEUNG & WONG LLP 222307 6,439.502/17/2026 0105745 SMELLY MEL'S PLUMBING 222308 19,000.002/17/2026 Page: 2
Docusign Envelope ID: 9670564C-F776-4902-8220-F072FFF1E12E

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Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0017857 STERICYCLE, INC. 222310 219.072/17/2026
0101086 T-MOBILE 222323 1,049.992/17/2026
0110995 T2 SYSTEMS CANADA INC. 222312 4,270.002/17/2026 0110995 T2 SYSTEMS CANADA INC. 222313 3,333.632/17/2026 0111462 TALHA AMAR 222214 300.002/17/2026
0096932 TASC 222314 450.132/17/2026
0116246 TCE SOLUTIONS, INC 222315 13,440.002/17/2026
0018073 TEAMSTERS LOCAL 350 222316 3,621.002/17/2026
0015691 TEAMSTERS LOCAL 856 222317 12,042.002/17/2026 0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 222242 3,514.172/17/2026 0106583 TELEPATH CORPORATION 222318 3,780.002/17/2026 0107098 TELSTAR INSTRUMENTS 222319 2,369.002/17/2026
0000241 THE ADAM-HILL COMPANY 222320 643.192/17/2026
0018088 THE UPS STORE #810 222321 268.512/17/2026
0017527 TIFCO INDUSTRIES INC. 222322 274.582/17/2026
0017133 TURBO DATA SYSTEMS INC 222327 9,001.572/17/2026 0018944 ULINE, INC. 222328 2,580.612/17/2026
0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 222292 4,967.922/17/2026 0096844 USA BLUE BOOK 222330 685.572/17/2026
0109186 VITAL RECORDS CONTROL 222332 116.042/17/2026
0111658 WATER INDUSTRY TRAINING SPECIALISTS, INC. 222326 1,700.002/17/2026 0104660 WEST YOST ASSOCIATES, INC. 222333 553.502/17/2026 0111610 WILL DAVIS 222239 2,307.412/17/2026
0018242 ZAP MANUFACTURING INC. 222335 1,142.252/17/2026 0112343 ZONAR SYSTEMS 222337 376.952/17/2026
0103399 ZUMAR INDUSTRIES, INC. 222338 1,483.322/17/2026 Total count: 133
GrandTotal: 313,725.75
Page: 3
Docusign Envelope ID: 9670564C-F776-4902-8220-F072FFF1E12E

15 of 258

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: John Mercado, Accountant
SUBJECT: Payroll Acceptance
City Council acceptance of the City payroll distributed on February 13, 2026 is recommended. The Labor Summary report reflecting the total payroll amount of $2,098,702.08 for bi-weekly pay period ending February 8, 2026, by funds are shown below:

Fund Amount
Fund: 001 - GENERAL FUND 1,529,426.04
Fund: 005 - MEASURE G 1,647.46
Fund: 121 - FEDERAL/ STATE GRANTS 2,585.45
Fund: 122 - SOLID WASTE/RECYCLE 4,418.08
Fund: 132 - AGENCY ON AGING 8,628.64
Fund: 133 - RESTRICTED REVENUES 7,964.47
Fund: 137 - DEVELOPER PROJECT CONTRIBUTIONS 3,204.52
Fund: 141 - COMMUNITY DEVELOPMENT 77,004.37
Fund: 142 - RECREATION AND AQUATICS CENTER 66,934.79
Fund: 201 - PARKS AND FACILITIES CAPITAL 195.64
Fund: 203 - STREET IMPROVE. PROJECTS 12,080.37
Fund: 207 - TECHNOLOGY CAPITAL 2,830.72
Fund: 611 - WATER FUND 125,247.30
Fund: 621 - STORMWATER FUND 40,189.39
Fund: 631 - WASTEWATER FUND 93,658.21
Fund: 641 - CITYNET SERVICES FUND 18,851.07
Fund: 701 - CENTRAL GARAGE 19,142.47
Fund: 702 - FACILITY MAINT.FUND 51,674.68
Fund: 707 - TECHNOLOGY DEVELOPMENT 26,540.00
Fund: 711 - SELF INSURANCE 6,478.41
Total: 2,098,702.08
________________________________________________ ____ ________ Nick Pegueros, CFO / Administrative Services Director Date Docusign Envelope ID: 884E6654-8C8D-4E22-9B6F-245AB499D303 2/12/2026
16 of 258
Item 6c.

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 24, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Nick Pegueros, Administrative Services Director & CFO PREPARED BY: Esther Garibay, Finance Manager
SUBJECT: Month End Investment Report – January 2026
The table below summarizes the investment portfolio’s total book value by Investment type.

Investment Type Total Book Value
TriCounties Bank $9,588,216
Wells Fargo Bank /Sweep Money Market 37,816,219
CalTrust Liquid Money Market Fund 18,669,298
CalTrust Medium Term Fund 21,534,778
Local Agency Investment Fund 68,654,790
Government Agency Investments 58,806,486
Municipal Bonds 17,401,606
Money Market Investments 32,490,451
Total Investments $264,961,844
All securities held by the City of San Bruno as of January 2026 are in compliance with the City’s Investment Policy adopted on April 8, 2025.

Respectfully submitted,
_____ __________
Administrative Services Director & CFO Date
Docusign Envelope ID: B4897FEF-2935-4A38-943A-C997BAEDB07A 2/6/2026
17 of 258
Item 6d.

City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Investments
Coupon
Rate CUSIP Book Value Market Value YTM Maturity Date
% of
Portfolio
Short Term Investments
TriCounties Bank Cash Balance 9,588,216 9,588,216 2.90% N/A 4% Wells Fargo General Acct /Sweep Money Market 37,816,219 37,816,219 3.58% N/A 14% CalTrust Liquidity Money Market Fund 18,669,298 18,669,298 3.82% N/A 7% CalTrust Medium Term Fund 21,534,778 21,534,778 3.90% N/A 8% Total CalTrust 40,204,076 40,204,076 15% Pooled Investments
Local Agency Investment Fund 64,894,367 64,894,367 3.93% NA 24% Glenview Fire Local Agency Investment Fund 3,760,423 3,760,423 3.93% NA 1% Total LAIF 68,654,790 68,654,790 26% US Bank Portfolio/Securities
Money Market Investments
U.S. Government Money Market 31846V567 32,490,450.62 32,490,451 3.57% NA 12% Total Money Market and US Treas. Bills Investments 32,490,451 32,490,451 12% Total Short Term Investments 188,753,752 188,753,752 Municipal Bonds
California St Taxable Various GOB 2.65% 13063DMA3 1,068,690 998,290 1.07% April 1, 2026 0% Pasadena USD non-callable GOB 2.07% 702282QD9 1,043,920 996,040 1.09% May 1, 2026 0% Los Angeles Unified SD non-callable 1.46% 544547FC9 2,009,340 1,982,320 1.35% July 1, 2026 1% Southern California St Public Pwer Auth 1.26% 842475P82 1,555,751 1,572,462 1.77% July 1, 2026 1% San Jose CA Redev Agy Successor Agy Tax Allocation3.18% 798170AJ5 1,405,984 1,323,400 1.51% August 1, 2026 1% San Jose CA Redev Agy Successor Agy Tax Allocation3.18% 798170AJ5 1,223,083 1,151,243 2.09% August 1, 2026 0% Cupertino UHSD Taxable non-callable GOB 2.15% 231237P28 1,057,240 992,490 0.96% August 1, 2026 0% Santa Monica CCD taxable non-callable GOB 1.04% 802385RR7 755,235 740,715 0.90% August 1, 2026 0% Los Angeles Calif Comm Coll Dist GOB Unlimited Tax1.17% 54438CYL0 998,010 987,820 1.22% August 1, 2026 0% San Dieguito CA Union High Sch Dist 1.86% 797508HF8 987,050 991,360 2.17% August 1, 2026 0% California St Taxable BID non-callable 2.38% 13063DRD2 736,400 696,152 1.28% October 1, 2026 0% California St Taxable BID non-callable 2.38% 13063DRD2 743,022 702,413 1.37% October 1, 2026 0% California St Univ Revenue 1.14% 13077DQE5 949,640 981,680 1.14% November 1, 2026 0% Los Angeles CA Dept of ARPTS ARPT Revenue1.10% 544445TW9 991,001 1,089,113 3.74% May 15, 2027 0% University Calif Rgts Med Center Poold Rev Taxable Srs M2.56% 913366JB7 1,877,240 1,969,280 4.68% May 15, 2027 1% Total Municipal Bonds Investments 17,401,606 17,174,778 7%

CITY OF SAN BRUNO
Portfolio Summary
January 31, 2026
Docusign Envelope ID: B4897FEF-2935-4A38-943A-C997BAEDB07A

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City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Investments
Coupon
Rate CUSIP Book Value Market Value YTM Maturity Date
% of
Portfolio
US Treasuries & Agencies
U.S. Treasury Notes 0.38% 91282CBH3 970,234 1,000,000 1.10% January 31, 2026 0% U.S. Treasury Notes 1.57% 912828P46 2,075,391 1,998,500 0.84% February 15, 2026 1% U.S. Treasury Notes 0.51% 91282CBQ3 1,966,172 1,995,360 0.85% February 28, 2026 1% U.S. Treasury Notes 4.63% 91282CGR6 2,001,328 2,001,680 4.58% March 15, 2026 1% U.S. Treasury Notes 0.75% 91282CBT7 1,884,859 1,891,298 0.91% March 31, 2026 1% Federal Farm Credit Bank 4.63% 3133EP7C3 1,986,960 2,003,120 4.98% April 1, 2026 1% U.S. Treasury Notes 0.75% 91282CBW0 1,987,813 1,986,060 0.88% April 30, 2026 1% U.S. Treasury Notes 1.63% 912828R36 1,456,000 1,392,006 0.80% May 15, 2026 1% Federal Home Loan Bank 0.88% 3130AN4T4 1,148,747 1,138,638 0.90% June 12, 2026 0% U.S. Treasury Notes 0.63% 91282CCP4 992,773 985,310 0.77% July 31, 2026 0% U.S. Treasury Notes 0.75% 91282CCW9 1,997,813 1,967,460 0.77% August 31, 2026 1% U.S. Treasury Notes 1.63% 912828YG9 1,034,219 987,210 0.92% September 30, 2026 0% U.S. Treasury Notes (WIT) 0.88% 91282CCZ2 997,227 982,330 0.93% September 30, 2026 0% U.S. Treasury Notes 4.63% 91282CJC6 988,477 1,006,780 5.04% October 15, 2026 0% U.S. Treasury Notes (WIT) 1.13% 91282CDG3 995,391 981,309 1.22% October 31, 2026 0% U.S. Treasury Notes (WIT) 1.13% 91282CDG3 996,367 982,271 1.20% October 31, 2026 0% U.S. Treasury Notes (WIT) 1.25% 91282CDK4 1,501,684 1,471,635 1.23% November 30, 2026 1% U.S. Treasury Notes 1.25% 91282CDQ1 1,647,422 1,616,142 1.28% December 31, 2026 1% U.S. Treasury Notes 4.00% 91282CJT9 3,968,125 4,016,360 4.34% January 15, 2027 1% U.S. Treasury Notes 1.25% 912828Z78 1,995,685 1,960,120 1.55% January 31, 2027 1% U.S. Treasury Notes 4.13% 91282CKA8 2,004,260 2,011,380 4.03% February 15, 2027 1% U.S. Treasury Notes 1.88% 91282CEC1 1,982,500 1,965,100 2.06% February 28, 2027 1% U.S. Treasury Notes 2.50% 91282CEF4 1,475,156 1,482,135 2.86% March 31, 2027 1% Federal Hom Loan Bank 4.75% 3130B0TY5 1,014,063 1,014,080 4.07% April 9, 2027 0% U.S. Treasury Notes 0.50% 912828ZN3 1,326,680 1,445,280 2.86% April 30, 2027 1% U.S. Treasury Notes 4.13% 91282CFM8 2,006,875 2,018,820 4.00% September 30, 2027 1% U.S. Treasury Notes 4.13% 91282CFU0 999,564 1,009,730 4.14% October 31, 2027 0% U.S. Treasury Notes 4.00% 91282CGP0 1,998,364 2,017,900 4.03% February 29, 2028 1% U.S. Treasury Notes 4.38% 91282CHX2 2,033,125 2,038,520 3.91% August 31, 2028 1% U.S. Treasury Notes 4.63% 91282CJA0 1,014,219 1,026,170 4.20% September 30, 2028 0% Federal Farm Credit Bank 4.63% 3133EPC45 1,294,557 1,331,616 4.72% November 13, 2028 0% U.S. Treasury Notes 4.38% 91282CJN2 1,005,859 1,020,510 4.21% November 30, 2028 0% Federal Home Loan Bank 4.50% 3130AVBD3 1,986,480 2,050,800 4.65% March 29, 2029 1% U.S. Treasury Notes 4.63% 91282CKP5 2,059,531 2,059,680 3.90% April 30, 2029 1% Federal Home Loan Bank 4.20% 3130B3CP6 3,000,000 3,001,950 4.20% October 9, 2029 1% Federal Hom Loan Bank 4.50% 3130ATUT2 1,012,568 1,028,290 4.21% December 14, 2029 0% Total U.S. Treasuries & Agencies 58,806,486 58,885,550 22% TOTAL PORTOFLIO 264,961,844 264,814,080 3.410% 100% There is adequate cash flow and maturity of investments to meet the City's needs for the next six months.

Prepared By:

Reviewed By: Page 2
January 31, 2026

CITY OF SAN BRUNO
Portfolio Summary
Docusign Envelope ID: B4897FEF-2935-4A38-943A-C997BAEDB07A

19 of 258

Monthly Portfolio Allocation by Investment
Sector ($Millions) Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 TriCounties Bank Interest Bearing $15.7 $13.2 $14.7 $18.8 $17.6 $19.1 $10.2 $13.9 $13.7 $8.1 $16.9 $9.5 $8.1 $14.8 $17.2 $13.0 $13.0 $10.2 $13.9 $17.3 $13.1 $10.3 $14.2 $13.2 $9.6 Wells Fargo Bank/Sweep MM $23.9 $20.9 $22.1 $27.7 $23.9 $26.7 $21.4 $19.3 $19.9 $37.3 $24.3 $25.3 $28.9 $25.3 $27.8 $38.0 $38.0 $43.8 $26.6 $22.5 $23.4 $24.8 $26.3 $43.7 $37.8 CalTrust Liquid MM Fund $2.0 $12.1 $22.1 $22.2 $25.3 $25.4 $15.5 $11.6 $11.6 $11.7 $17.8 $17.8 $17.9 $18.0 $18.0 $18.0 $18.0 $18.2 $18.3 $18.4 $18.4 $18.5 $18.5 $18.6 $18.7 Caltrust Medium Term Fund - - - - - - $20.1 $20.3 $20.4 $20.3 $20.3 $20.4 $20.4 $20.6 $20.7 $20.7 $20.7 $21.0 $21.0 $21.2 $21.3 $21.3 $21.4 $21.5 $21.5 Local Agency Investment Fund 30.2 30.2 15.2 15.5 15.5 15.5 15.7 15.6 15.7 25.9 25.9 41.4 41.7 41.7 41.7 42.1 42.1 42.1 42.6 42.6 52.6 53.1 53.1 53.1 68.7 San Mateo County Pool 47.7 41.9 36.8 32.7 28.7 25.2 22.5 22.6 20.0 - - - - - - - - - - - - - - - - Government Agency/Treasury Bonds 92.5 90.5 88.6 95.9 98.4 98.4 101.9 99.9 96.9 89.9 95.8 93.7 91.7 94.7 92.7 92.7 92.7 87.8 82.4 82.4 74.5 67.0 65.7 58.8 58.8 Municipal Bond Investments 25.7 25.7 27.6 27.6 27.6 27.6 27.6 26.5 26.5 26.5 24.9 24.9 24.9 24.9 24.9 22.4 22.4 20.9 20.9 18.9 18.9 18.9 17.4 17.4 17.4 Certificates of Deposit 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 - - - - - - - - - - - - - - - US Bank - Money Market 9.8 12.1 17.2 5.4 7.2 11.7 8.4 11.6 14.9 16.5 12.7 14.9 17.2 14.4 12.7 15.6 15.6 22.6 28.2 30.4 29.0 37.0 30.0 37.3 32.4 Total $248.0 $247.0 $244.7 $246.3 $244.7 $250.2 $243.8 $241.8 $240.1 $236.6 $238.6 $247.9 $250.9 $254.4 $255.7 $262.5 $262.5 $266.6 $253.8 $253.6 $251.1 $250.9 $246.7 $263.6 $264.9 Average Rate of Return 3.18% 3.19% 3.33% 3.40% 3.44% 3.52% 3.52% 3.46% 3.61% 3.45% 3.48% 3.49% 3.48% 3.50% 3.51% 3.56% 3.56% 3.59% 3.56% 3.57% 3.58% 3.55% 3.49% 3.44% 3.41%

CITY OF SAN BRUNO
Portfolio Summary Metrics
January 31, 2026
$0$10$20$30$40$50$60$70$80$90$100Monthly Portfolio Allocation by Investment Sector ($Millions)Government Agency/Treasury BondsTriCounties Bank Interest BearingWells Fargo Bank/Sweep MMCalTrust Liquid MM FundLocal Agency Investment FundMunicipal Bond InvestmentsCaltrust Medium Term Fund2.90%3.00%3.10%3.20%3.30%3.40%3.50%3.60%3.70%Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26Investment Portfolio - Average Rate of Return Docusign Envelope ID: B4897FEF-2935-4A38-943A-C997BAEDB07A

20 of 258

21 of 258
Item 6e.

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 24, 2026
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 the Tentative Agreement Between the City of San Bruno and Teamsters Local 856 IBT Miscellaneous Unit for the Term January 1, 2026 through December 31, 2028 and Authorizing Execution by the City Manager
BACKGROUND:

The existing Memorandum of Understanding between the City of San Bruno and Teamsters Local 856 IBT Miscellaneous Unit (Misc) expired on December 31, 2025. Representatives of both the City of San Bruno and the Miscellaneous bargaining unit have met and negotiated in good faith several times since December 2025, regarding their respective successor Memorandum of Understanding (MOU) agreement.

DISCUSSION:

Through negotiations, the parties have agreed to amendments to the several MOU provisions, and as listed in the attached Tentative Agreement (TA). All other terms and provisions of the MOUs remain unchanged.

The City was notified by the Union on February 18, 2026 that the TA was ratified by its members, with a positive vote. The highlights of the TA are as follows:

Term
A three-year term beginning January 1, 2026 through December 31, 2028.

Salaries
A wage adjustment each year of the three-year agreement:
· 4.0% effective the first full pay period in January 2026 · 4.5% effective the first full pay period in January 2027 · 5.0% effective the first full pay period in January 2028 There are no market adjustments included during the term of the proposed agreement.

Incentives
Public Works operations employees assigned to the Wastewater and Streets & Stormwater Divisions who obtain and maintain a specified certification will receive an increase in the applicable percentage, with a cap increasing from 6% to 9% total.

Employees in this unit that are required to maintain a State of California Class B driver’s license 22 of 258 Item 6f.

Honorable Mayor and Members of the City Council
February 24, 2026

will receive a total of $150 per month, an increase from $75 per month. 36-hour workweek pilot program
Transition to a standard workweek of 36 hours over four nine-hour workdays (Monday through Thursday) with no reduction in annual salary, resulting in a full-time schedule consisting of 1,872 hours per year. The agreement includes the anticipated transition period to consist of a 60-to- 90-day window for implementation of operations, including the development of a communication plan to the general public. Continuation of the pilot as part of a successor contract is subject to agreement of the parties. This pilot program is consistent with the Mid-Management Unit.

Health plan
Beginning January 1, 2026 the City maintains the current benefit structure of the City shall pay 75% and the employee shall pay 25% of health and welfare benefit premium increase over the prior plan year, for the term of the contract.

Non-economic proposals
Language updates were made to the tuition program to align it with other bargaining units within the City. Language updates were also made to the bereavement leave to be consistent with current law. Neither of these updates result in an economic change.

FISCAL IMPACT:

The economic impact of this agreement is within the City’s forecast budget of 4% annual wage growth for fiscal year 2025-26. The amounts estimated to be in excess of the forecast, $0.12 million for 2026-27, and rises to a compounded wage increase of $0.32 million for 2028-29, will be incorporated into the regular operating budget process, for those respective years.

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:

Consider Adoption of a Resolution Approving the Tentative Agreement Between the City of San Bruno and Teamsters Local 856 IBT Miscellaneous Unit for the Term January 1, 2026 through December 31, 2028 and Authorizing Execution by the City Manager.

ALTERNATIVES:

1. Direct staff to continue negotiations with the bargaining groups.

2. Request staff to bring back additional information for further consideration.

ATTACHMENTS:

1. Resolution with Exhibit A - Red-lined version of the MOU, with changes incorporated, and Exhibit B - 36-Hour work week side letter

2. Tentative agreements signed by both parties

23 of 258

1 3
6 0
7 RESOLUTION NO. 2026 - ___

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

TENTATIVE AGREEMENT BETWEEN THE CITY OF SAN BRUNO AND TEAMSTERS LOCAL 856 IBT MISCELLANEOUS UNIT FOR THE TERM JANUARY 1, 2026 THROUGH DECEMBER 31, 2028 AND AUTHORIZING EXECUTION BY THE CITY MANAGER WHEREAS, Representatives from both the City of San Bruno and Teamsters Local 856 IBT Miscellaneous Unit (Misc) have met and negotiated in good faith; and WHEREAS, as a result of those negotiations, an agreement has been reached regarding changes to the terms and conditions of employment for the Misc Unit’s Memorandum of Understanding (MOU) for the period from January 1, 2026 to December 31, 2028; and WHEREAS, both parties have agreed to the tentative agreements as listed in Exhibit A; and
WHEREAS, both parties have agreed to amend MOU as listed in Exhibit A and Exhibit B, and all other terms and provisions of the MOU remain unchanged; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Bruno that it hereby approves the agreement between the City of San Bruno and Teamsters Local 856 IBT, Miscellaneous Unit for the term January 1, 2026 through December 31, 2028 for execution by the City Manager, attached hereto as Exhibit A and Exhibit B, and incorporated herein by reference; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute on behalf of the City of San Bruno the attached MOU, 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 Misc Unit.

Exhibit A: Track change (redlined) version of the successor Memorandum of Understanding between: City of San Bruno and Teamsters Local 856 IBT, Miscellaneous Unit.

Exhibit B: 36-Hour workweek pilot program side letter: City of San Bruno and Teamsters Local 856 IBT, Miscellaneous Unit.
---oOo---
I hereby certify that foregoing Resolution No. 2026- __ was introduced and adopted by the San Bruno City Council at a regular meeting on February 24, 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________________
Lupita Huerta, City Clerk
24 of 258 ATTACHMENT 1
2 3
6 0
7 EXHIBIT A
Track change (redlined) version of the successor Memorandum of Understanding between City of San Bruno
and
Teamsters Local 856 IBT, Miscellaneous Unit
[see attached]

25 of 258

3 3
6 0
7 EXHIBIT B
36-Hour workweek pilot program side letter between
between
City of San Bruno
and
Teamsters Local 856 IBT, Miscellaneous Unit
[see attached]

26 of 258

MEMORANDUM OF UNDERSTANDING
Teamsters Local 856, IBT

MISCELLANEOUS
January 1, 20262 - December 31, 20284
Attachment 1 Exhibit A
27 of 258 ATTACHMENT 1 EXHIBIT A

Miscellaneous

1. Recognition ................................ ................................ ................................ .............................. 4

2. Designation of Confidential Unit Employees ................................ ................................ ............. 5

3. City Rights ................................ ................................ ................................ ................................ 6

4. No Discrimination ................................ ................................ ................................ ..................... 8

5. Union Stewards and Official Representatives ................................ ................................ ........... 8

6. Salary Plan ................................ ................................ ................................ ............................... 9

7. Acting Pay ................................................................................., ................................ ............. 12

8. Special Circumstances - Special Recognition Pay................................ ................................ .. 12

9. Incentive Pay ................................ ................................ ................................ .......................... 13

10. Class B Licenses ................................ ................................ ................................ .................... 14

11. Filling of Vacancies ................................ ................................ ................................ ................ 14

12. Examinations ................................ ................................ ................................ .......................... 16

13. Appointments ................................ ................................ ................................ ......................... 17

14. Probation Period ................................ ................................ ................................ ..................... 18

15. Promotion ................................ ................................ ................................ ............................... 20

16. Employment Lists ................................ ................................ ................................ ................... 20

17. Layoff and Re-employment ................................ ................................ ................................ ..... 21

18. Resignation and Reinstatement ................................ ................................ .............................. 22

19. Demotion ................................ ................................ ................................ ................................ 22

20. Hours of Work, Overtime, Premium Pay ................................ ................................ ................. 22

21. Holidays................................ ................................ ................................ ................................ .. 24

22. Vacation Leave ................................ ................................ ................................ ....................... 26

23. Sick Leave ................................ ................................ ................................ .............................. 27

24. Industrial Disability Salary Continuation Program ................................ ................................ ... 29

25. Bereavement Leave................................ ................................ ................................ ................ 29

26. Leave of Absence ................................ ................................ ................................ ................... 30

27. Jury Duty Leave -Leave for Court Appearances ................................ ................................ ..... 30

28. Military Leave ................................ ................................ ................................ ......................... 30

29. Personal Leave Bank ................................ ................................ ................................ .............. 31

30. Catastrophic Leave ................................ ................................ ................................ ................. 31

31. Leave with Pay - Extenuating Circumstances ....................., ................................ ................... 31

32. Health and Welfare ................................ ................................ ................................ ................. 32

33. Life Insurance ................................ ................................ ................................ ......................... 34

34. Retirement ................................ ................................ ................................ .............................. 34

28 of 258

Miscellaneous

35. Deferred Compensation ................................ ................................ ................................ .......... 35

36. State Disability Insurance As An Employee Paid Benefit................................. ........................ 35

37. Health Insurance After Retirement from City Service- VEBA ................................ ................... 35

38. Safety ................................ ................................ ................................ ................................ ..... 36

39. Discipline ................................ ................................ ................................ ................................ 36

40. Suspension ................................ ................................ ................................ ............................. 38

41. Grievance Procedure ................................ ................................ ................................ .............. 39

42. Loss of Driver's License ................................ ................................ ................................ .......... 42

43. Disaster Responsibility ................................ ................................ ................................ ............ 42

44. Carry Out of Assignments ................................ ................................ ................................ ....... 43

45. No Strike/Job Action Response ................................ ................................ ............................... 43

46. Part-time Employees ................................ ................................ ................................ ............... 43

47. Attendance ................................ ................................ ................................ .............................. 44

48. Tuition and Certification Reimbursement Program ................................ ................................ .. 44

49. Past Practices and Existing Memorandum of Understanding ................................ .................. 44

50. Negotiable Benefits ................................ ................................ ................................ ................. 45

51. Severability of Provisions ................................ ................................ ................................ ........ 45

52. New Work ................................ ................................ ................................ ............................... 45

53. Fitness Benefit ................................ ................................ ................................ ........................ 45

54. Work Uniforms ................................ ................................ ................................ ........................ 45

55. Bargaining Unit Assignment Clarification ................................ ................................ ................. 45

56. Term ................................ ................................ ................................ ................................ ....... 46

57. Appendix A: Represented Classifications and Salary Ranges ................................ ................. 48

29 of 258

Miscellaneous

MEMORANDUM OF UNDERSTANDING (MOU)
January 1, 2022 through December 31, 2024

The Professional and Vocational Employees Division of Teamsters Local 856, lBT, and representatives of the City of San Bruno have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the representation unit listed in Section l Recognition, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers Milias-Brown Act (Government Code Sections 3500 et seq.) and has been jointly prepared by the parties.

1. Recognition

1.1. Union Recognition. Professional and Vocational Employees Division of Teamsters Local 856, IBT, hereinafter referred to as the "Union," is recognized as the majority representative, as provided in the City's Employer-Employee Relations Resolution No. 1970-20, adopted March 23, 1970, for all employees assigned to the classifications set forth in Appendix A, which is attached and made a part hereof.

1.2. Union Security

1.2.1. The City shall be governed by applicable state and federal law, as presently worded or subsequently amended, as it pertains to union security.

1.3. New Employee Orientations

1.3.1. The City shall provide the Union written notice of new employee orientations [no matter how few participants, and whether in person or online] at least ten (10) business days prior to the event or when the City is first notified of a new employee's start date.

1.3.2. One (1) representative of the Union shall be permitted to make a presentation of up to thirty (30) minutes, and present written materials, during a portion of the orientation for which attendance is mandatory at a location designated by the City. No representative of management shall be present during the Union's presentation.

1.3.3. If a Union representative is unable to attend, paid release time shall be granted for one (1) steward at each orientation to participate in the new employee orientations. Human Resources will coordinate with the Steward's supervisor to make every reasonable effort to schedule orientations in conjunction with the Department and Steward's availability. Upon request, the Union shall provide a list of stewards designated to conduct Union presentations.

1.3.4. The City will provide the employee with a packet of information supplied by the Union, including the Memorandum of Understanding (MOU) and Union membership form (paper or electronic).

1.3.5. The Union may follow the grievance procedure outlined in relevant Memorandums of Understanding for alleged violations of this agreement.

1.4. Dues Deduction

30 of 258

Miscellaneous

1.4.1.1 Any regular full -time or regular part -time employee covered by this Memorandum of Understanding may become a member of the Union, and may execute a payroll deduction form as furnished by the Union.

1.4.1.2 The Union shall indemnify and hold the City harmless from any cost of liability resulting from any and all claims, demands, suits, or any other action arising from the operation of this provision or from the use of the monies remitted to the Union, including the costs of defending against any such actions or claims. The Union agrees to refund to the City any amounts paid to it in error.

1.4.2. The Union will be custodian of records for such deduction authorization and will provide the City with a certification that it has and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. The Union shall not be required to provide the City a copy of the employee's authorization unless a dispute arises about the existence or terms of the authorization. However, the Union will provide the City with a certification document for each employee with sufficient information to allow the City to identify the appropriate level of deductions.

1.4.3. The City shall direct employee requests to cancel or change deductions to the Union and shall rely on information provided by the Union regarding whether deductions for an employee organization were properly canceled or changed.

1.4.4. The City shall not be required to modify the amounts deducted from the employee paychecks for dues or fees more than once in each calendar year.

1.4.5. The City shall not be required to collect any special assessments or similar short-time changes in rate.

1.5. Communications with Employees

1.5.1. The Union shall be provided suitable space on bulletin boards at each work location for posting notices concerning official Union business.

1.6. Advance Notice

1.6.1. Except in cases of emergency as provided below in this subsection, the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet and confer with the appropriate management representatives prior to adoption.

1.6.2. In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required.

At the earliest practicable date thereafter the Union shall be provided with the notice described in the preceding paragraph and be given the opportunity to meet and confer with the appropriate management representatives. As used herein, "emergency" shall mean any situation in which proper management of the city requires immediate action, or in which immediate action is necessary for the preservation of life or property.

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2. Designation of Confidential Unit Employees

2.1.1. Positions in this unit in the areas of information technology, payroll, or providing support to the City Manager's Office, City Attorney's Office or a department head on a project basis are deemed to be confidential employees.

3. City Rights

3.1.1. The City shall retain the full rights of management and the direction of its business and operations, except as expressly limited and set forth in writing in this Memorandum of Understanding. Wherein a subject matter is covered by the Memorandum of Understanding, the City will act in accordance with those sections.

3.1.2. Nothing herein shall be construed to require the City to meet and confer on matters which are solely the function of management and which are not otherwise provided in this Memorandum of Understanding or letters of understanding executed by the parties in relation to the Memorandum of Understanding. The rights of the City through its Council and management include, but are not limited to, the following:

3.1.2.1.1 To exclusively determine the mission of its constituent departments, commissions, and boards;

3.1.2.1.2 To set standards of service for the various City departments;

3.1.2.1.3 To determine the procedures and standards of selection for employment;

3.1.2.1.4 To establish grooming standards;

3.1.3. To lay off its employees from duty because of lack of work or other legitimate reasons;

3.1.4. To maintain the efficiency of governmental operations;

3.1.5. To determine the methods, means, and personnel by which governmental operations are to be conducted;

3.1.6. To determine the content and intent of job classifications;

3.1.7. To determine the methods of financing the operation of the various departments;

3.1.8. To determine the style and/or types of City-issued wearing apparel, equipment, or terminology to be used;

3.1.9. To determine and/or change the facilities, methods, technology, means, organizational structure, and size and composition of the work force, and allocate and assign work by which City operations are to be conducted;

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

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

3.1.12. To establish and modify productivity and performance standards for employees, and to require compliance therewith;

3.1.13. To discharge, suspend, demote, reprimand, withhold salary increases, or otherwise discipline employees for cause;

3.1.14. To take all necessary actions to carry out its mission in emergencies.

3.1.15. It is a major purpose of this section to maximize the flexibility of the City to conduct its day-to- day operations.

3.1.16. Prior to modification of the following subjects, the City shall meet and confer with the Union:

3.1.17. Minimum qualifications for classifications represented by the Union;

3.1.18. The content and intent of job classifications; provided, however, that it is understood that job descriptions used to describe the various duties of a classification do not preclude employees from being assigned to work not listed as a specific duty of that classification;

3.1.19. Licenses and certificates required for such classifications of employees;

3.1.20. Degrees of training required for such employees;

3.1.21. Grooming standards applicable to such employees;

3.1.22. Productivity and performance standards of such employees;

3.1.23. Styles and types of wearing apparel to be used on duty;

3.1.24. Size and composition of the work force within the bargaining unit;

3.1.25. Contracting or subcontracting of operations currently being performed by employees within the bargaining unit.

3.1.26. Changes by the City in scheduled days and hours of work, where such changes are anticipated to continue for a period of thirty (30) calendar days or longer, and involve Saturday or Sunday work or involve a change in established scheduled working hours which result in an employee reporting to work prior to 7:00 AM or leaving after 6:00 PM.

3.1.27. The obligation of the City to meet and confer regarding the foregoing subjects shall not be construed to require that the City and the Union reach agreement prior to the implementation of the types of modifications described in this subsection.

3.1.28. Nothing in this section shall be construed to excuse the City from the obligation to meet and confer with the Union regarding any subject or matter not set forth in this section where required to do so by statute.

3.1.29. Neither the Union nor any employee within the bargaining unit shall contest through the

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grievance procedure the authority of the City under state or federal law to exercise the rights enumerated in Subsection 3.2. Except as provided therein, the Union may use the courts to contest the exercise of such authority.

4. No Discrimination

4.1.1. There shall be no discrimination by either Union or City on any basis prohibited by state or federal law or City policy, or on account of any legitimate Union activity.

5. Union Stewards and Official Representatives

5.1.1. Stewards

5.1.2. The Union shall be entitled to a reasonable number of stewards, who shall restrict their activities to the handling of grievances and shall be allowed a reasonable amount of time for this purpose. The Union shall notify the City Manager in writing of the names of the stewards.

5.1.3. Stewards shall obtain permission from their supervisors before leaving their work stations to resolve grievances. This provision shall not be used to prevent the stewards from performing their duties or obligations set forth in this section; provided, however, that the use of time for this purpose shall be reasonable and shall not interfere with the requirements of the City's services, as determined by the City.

5.1.4. Activities such as soliciting for membership, collecting dues, holding membership meetings, campaigning for office, conducting elections, and distributing literature are strictly prohibited during working hours without the prior approval of the City Manager or his/her representative.

5.1.5. In the event the City believes that the stewards are abusing the provisions of this section, it shall contact the Union or its representative to arrange a mutually acceptable time and place to investigate the City's complaint and to assure full compliance by the steward to the extent possible.

5.1.6. Whenever an employee is required to meet with a supervisor and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, the employee shall be entitled to have a Union representative present upon request. In the event the employee desires the presence of a Union representative, the City will contact the Union to arrange a mutually acceptable time to hold the meeting. Once scheduled, neither party shall be required to reschedule the meeting for the convenience of the other. This provision shall not prohibit the City from taking immediate action if, in City's opinion, immediate action is necessary, if the City contacts or makes good faith efforts to contact a Union representative or steward and meet with the representative or steward as soon as possible after the incident precipitating the action occurs.

5.1.7. Representative of the Union

5.1.8. A qualified representative of the Union shall be allowed to visit the work location for the purpose of ascertaining whether or not this Memorandum of Understanding is being observed. This right shall be exercised reasonably. A qualified representative of the Union shall report to management before proceeding to the work location. The representative shall not interfere with the normal conduct of work.

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5.1.9. Changes in no event shall a steward or other representative of the Union order any changes, and no changes shall be made except with the consent of the City Manager.

5.1.10. Access to Personnel File

5.1.11. An employee, or on presentation of written authorization from the employee, an employee's representative, shall have access to the employee's personnel file upon request and at the reasonable convenience of Human Resources. Documentation in the personnel file relating to the investigation of a possible criminal offense, medical records, pre-employment background information, and information or letters of reference shall be specifically excluded from the inspection and review of the employee and/or the employee's representative. Personnel files shall be reviewed by the employee or his/her representative in the presence of a designated Human Resources representative. An employee may request a copy of materials which are not excluded from inspection and review under this section.

5.1.12. The City will provide employees with copies of all Performance Evaluations and Letters of Reprimand, if any, and such copies shall be provided to the Union with written authorization of the employee.

5.1.13. Labor Management Committee

5.1.14. The parties agree to establish a labor management committee for the Public Works department to exchange information on operations. Additional labor management committees may be established if both parties agree. The Teamsters Miscellaneous Unit and the City shall each appoint an equal number of members to serve on the labor management committee. The labor management committee will meet quarterly, however upon mutual consent, monthly meetings may be held.

6. Salary Plan

6.1.1. Salary Ranges

6.1.2. Salary ranges for represented classifications shall be as set forth in Appendix A, hereto attached and made a part hereof, on the effective date specified herein.

6.1.3. The following represents agreed upon modifications to salary during this contract:

6.1.1.1. 4% increase effective the first full pay period in January 20262

6.1.1.2. 4.5% increase effective the first full pay period in January 20273

6.1.1.3. 54% increase effective the first full pay period in January 20284

6.1.4. A Salary Survey

6.1.5. A salary survey shall be conducted at least thirty (30) days prior to the initiation of negotiations for a successor Agreement. The cities to be surveyed shall be revisited before survey is conducted.

6.1.6. Salary Plan Administration

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6.1.7. Employees occupying a position in the competitive service shall be paid a salary within the range established for that position's classification.

6.1.8. Salary Plan Administration - Original Appointment

6.1.9. Except as herein otherwise provided, the salary for a new employee entering the competitive service shall be the minimum salary step for the classification to which the employee is appointed. However, when necessary to secure the best-qualified employee for a position, the City Manager may appoint a new employee at a salary step other than the minimum step of the respective classification. The City Manager's decision shall be final.

6.1.10. Salary Plan Administration -Advancement with Salary Range

6.1.11. No salary advancement shall be made so as to exceed the maximum rate established in the pay plan for the class to which the advanced employee's position is allocated. Employees hired at the first step of the salary range shall be evaluated for salary advancement after the first six mouths of service from the anniversary date and after additional one-year periods of service thereafter until the employee has reached the maximum rate established. Employees hired at other steps of the salary range shall be evaluated for salary advancement after the first year of service from the anniversary date and after additional one year periods of service thereafter until the employee has reached the maximum rate established. Advancement within the salary range shall generally be made one step at a time. However, the City Manager may, when circumstances warrant it, advance the salary of an employee more than one step at a time, or earlier than the required period.

6.1.12. Advancements shall not be automatic, but shall depend upon increased service value of an employee to the City as exemplified by recommendations of the employee's supervisor, length of service, performance record, special training undertaken, or other pertinent evidence.

6.1.13. Advancement to the next higher step within the range of the assigned classification shall be implemented only upon final approval by the City Manager.

6.1.14. Changes in an employee's salary because of promotion, demotion, or an early salary advancement or a delayed salary advancement will set a revised salary anniversary date for that employee.

6.1.15. Salary range adjustments for a classification will not set a new salary anniversary date for employees serving in that classification.

6.1.16. At the time the schedule of compensation for a classification is revised, each incumbent in a position to which the revised schedule applies shall be paid at the same step in the revised range as the step at which the employee was paid in the previous range.

6.1.17. If an employee takes a leave of absence, the time spent away from work shall not be counted toward the completion of the next step. If an employee takes a leave of absence with pay, the time spent away from work in excess of 45 consecutive calendar days shall not be counted toward the completion of the next step.

6.1.18. Salary Plan Administration - Employee Evaluations

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6.1.19. Probationary employees shall be evaluated in writing at least every four months during their probationary period.

6.1.20. Permanent employees eligible for salary step increases shall be evaluated in writing at least once every six months.

6.1.21. Other permanent employees shall be evaluated in writing at least once per year.

6.1.22. If an employee evaluation is not completed within thirty (30) days of its due date, the evaluation of that employee shall be deemed to be satisfactory.

6.1.23. An employee, within thirty (30) days after receiving an evaluation, may submit a written response of reasonable length to such evaluation. The written response shall be filed with the evaluation and shall be retained in accordance with established City policy.

6.1.24. Anniversary Date

6.1.25. The anniversary date is the date from which time is calculated for purposes of salary step advancement, the ending of the probationary period, the advancement of vacation accrual dates and the accrual of sick leave. This date shall be the employee's actual date of hire.

6.1.26. The actual date of hire shall govern seniority and layoff.

6.1.27. Salary Plan Administration - Salary Step after Promotion or Demotion

6.1.28. Promotion

6.1.28.1 Rate of Pay- When an employee is promoted from a position in one classification to a position in a higher classification, that employee shall be entitled to receive the rate of pay of the lowest step in the salary scale of the classification which provides at least 5% above the base salary of the employee, not including acting or special assignment pay or other incentive pay.

6.1.28.2 Performance Evaluation - Employees on promotional probation shall be given a written evaluation every four (4) months during the first twelve (12) months.

6.1.29. Demotion

6.1.30. General- When an employee is demoted, the employee's compensation shall be adjusted to the salary prescribed for the classification to which the employee is demoted, and the specific rate of pay within the range shall be determined by the City Manager. Where the demotion is not for disciplinary purposes, the City Council may provide for a rate of pay higher than the maximum step of the salary schedule for such classification.

6.1.31. Abolition of position - When an employee is demoted as a result of abolition of position, that employee shall be placed at the salary step in the lower classification which most closely approximates but does not exceed the employee's salary in the higher classification.

6.1.32. Voluntary demotions; demotions resulting from probationary rejections. When an employee takes a voluntary demotion to a position previously held or is reappointed to such a position

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as the result of a probationary rejection, the employee shall be placed at the same step in the lower classification which the employee last held. The employee's service time at such step shall be the same as the service time held previously at such step.

6.1.33. Disciplinary demotions. When an employee is demoted to a lower classification for disciplinary reasons, the specific rate of pay in the salary range of such classification to which the employee shall be entitled shall be determined by the City Manager.

6.1.34. Salary Plan - Pay Periods

6.1.35. Employees shall be paid bi-weekly. Regular salary and overtime will normally be paid within five (5) days after the close of the pay period.

6.1.36. Direct Deposit

6.1.37. All employees hired after February 28, 2001, shall be paid only via direct deposit into a bank account. Employees shall have thirty (30) days from the date of hire to submit appropriate information to the Finance Department for the processing of direct deposit pay.

7. Acting Pay

7.1.1. Assignment to another classification. An employee assigned by the department head to perform substantially the duties of a higher paid classification for one full day or more shall receive the rate of pay established for the salary step of the classification of the acting assignment that is a minimum of five percent (5%) greater than the employee is currently earning, retroactive to the first hour; provided, however, that the rate paid shall not exceed the top step of the assigned classification. Work assignments shall not be changed for evading Acting Pay provided in this section to an employee who otherwise would be eligible. In addition to pay, an employee assigned to another classification shall receive any benefits attendant to the higher classification which are not attendant to the employee's normal classification. This includes eligibility for management leave (and loss of overtime eligibility) if appointed to an FLSA-exempt position for a period of thirty (30) days or more. Also, if an employee is assigned to another classification on the two workdays immediately preceding and immediately following a City holiday, that employee shall receive holiday pay at the rate of the higher classification.

7.1.2. The City Manager shall have the discretion to increase the salary of such employee to an amount not in excess of the top step of the higher classification. If an employee is assigned to another classification for a period exceeding one year, that employee shall be eligible for merit step increases in the higher classification, and shall be returned to the employee's original classification at a higher step, if applicable.

8. Special Circumstances - Special Recognition Pay

8.1.1. An employee specifically assigned by a department head through use of the personnel action form process on a temporary or longer term basis to regularly perform work outside of the scope of the employee's permanent classification but not performing substantially the duties of another job classification may receive Special Circumstances - Special Recognition Pay at the exclusive discretion of the City Manager. The City Manager may assign a rate of pay

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between three-and­ one-half percent (3.5%) and ten percent (10%) depending on the nature of the circumstances and organizational need. The determination as to the rate of pay made by the City Manager is final and is not subject to use of the Grievance Procedure.

9. Incentive Pay

9.1.1. Water Employees

9.1.2. While the reorganization of the Water Division is underway, Public Works Operations employees assigned to the Water Division who obtain and maintain a Water Treatment Operator's Certificate and/or a Water Distribution Certificate (or a combination of both) shall receive certification pay in the amount of one percent (l %) per grade, up to a maximum of six percent (6%). Following the reorganization, positions that require the certifications as part of the job classification will not receive incentive pay, and if operationally feasible as determined by the Department, there will no longer be a Maintenance Worker classification assigned to Water after Maintenance Workers currently assigned to the Water Division achieve the certifications necessary to become Operators. (Historical Note: Effective July 4, 2022)

9.1.3. Wastewater and Streets & Storm water Employees

9.1.4. Public Works Operations Employees assigned to the Wastewater and Streets & Stormwater Divisions who obtain and maintain a California Water Environmental Association (CWEA) Collection System Maintenance Certificate shall receive certification pay in the amount of one percent (1%) per grade achieved, up to a maximum of three percent (3%) of base salary.

Incentive pay applied to base salary and it is the Employee’s responsibility to submit a copy of the certification to the Human Resources Division within 30 days of earning the certificate:
• Grade 1 Entry Level – 1% of base salary
• Grade 2 Journey – 2% of base salary
• Grade 3 Lead – 2% of base salary

Public Works Operations Employees assigned to the Wastewater and Streets & Stormwater Divisions who obtain and maintain a State of California Water Resources Control Board Water Distribution Certificate (up to D2) and/or State of California Water Resources Control Board Water Treatment Certificate (up to Grade T2) shall receive certification pay in the amount of one percent (1%) per grade, up to a maximum of four percent (4%) of base salary. The maximum incentive allowable under this provision for California Water Environmental Association (CWEA) Collection System Maintenance Certificates and California Water Resources Control Board Water Distribution Certificate (up to D2) and/or State of California Water Resources Control Board Water Treatment Certificates shall not exceed 96%. (Historical Note: Effective July 4, 2022)

9.1.4.9.1.5. Applicator Spray Certification Pay

9.1.5.9.1.6. Employees assigned applicator spray duties and who hold an applicator spray certificate shall receive $50 per month

9.1.6.9.1.7. Bilingual Incentive Pay

9.1.7.9.1.8. City shall provide bilingual incentive pay in the amount of two-and-one-half percent

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(2.5%) of base pay to an employee who meets the criteria outlined in the City's Bilingual Program. Recipients new to the program as of April 14, 2017 must demonstrate actual use of the bilingual skill as part of performing their job duties in order to be eligible to receive bilingual incentive pay. These requirements include:

9.1.8.9.1.9. Demonstrated proficiency in a language other than English (including American Sign Language), which is used within the community;

9.1.9.9.1.10. Successfully meets and maintains the program requirements, including re-qualifying every two (2) years

9.1.10.9.1.11. Cable Technology Premium Pay

9.1.11.9.1.12. The City shall provide Cable Technology incentive pay in the amount of two-and-one- half percent (2.5%) of base pay to an employee who meets the criteria.

10. Class B Licenses

10.1.1. For all positions in City employment that require a Class B driver's license, all current and future employees shall possess and maintain a Class B driver's license for the duration of their employment with the City. Failure to do so is governed by City Administrative Policy 96- 14 and applicable Department of Transportation regulations, and may result in discipline up to and including suspension or termination. The City may waive or modify this requirement if deemed to be a reasonable accommodation for individuals with qualifying disabilities as defined in federal or state law.

10.1.2. Only those employees who had previously opted out of the Class B driver's license requirement as of July 1, 2014, including those for whom the City previously provided a medical accommodation, are exempt from this requirement. Employees who are required to maintain a Class B driver's license shall receive $15075 per month.

11. Filling of Vacancies

11.1.1. Filling Vacancies

11.1.2. Except as otherwise provided in this Memorandum of Understanding, whenever the City Manager determines that a vacancy in a class described in Appendix A of this Memorandum of Understanding is to be filled it shall be filled from employment lists established as a result of competitive examination.

11.1.3. Temporary Employees or Consultants

11.1.4. Temporary employees or consultants shall not be used to permanently replace full-time positions or to avoid creating permanent full-time positions. This provision does not preclude hiring consultants or temporary employees for projects of limited duration such as for grant­ funded or seasonal work.

11.1.5. Announcements

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11.1.6. All examinations for classes set forth in Appendix A of this Memorandum of Understanding shall be noticed to the collective bargaining unit's representative, Teamsters Local 856 IBT, and in other such manner as the City deems appropriate.

11.1.7. The announcements shall specify the following:

11.1.7.1 The title and salary range of the class;

11.1.7.2 The nature of the work to be performed;

11.1.7.3 Preparation desirable for the performance of the work of the class;

11.1.7.4 The dates, time, place, and manner of making applications; and

11.1.7.5 Other pertinent information.

11.1.8. Application Form

11.1.9. Applications shall be made on forms provided by the Personnel Officer. Such forms shall require information covering training, experience, and other pertinent information. All applications must be signed under penalty of perjury by the person applying.

11.1.10. Disqualification of Applicants

11.1.11. The City Manager as personnel officer, or the Manager's designee, may reject any application if:

11.1.11.1 The application indicates on its face that the applicant does not possess the minimum qualifications required for the position;

11.1.11.2 The applicant does not meet the minimum age requirement of the position as of the closing date of the recruitment;

11.1.11.3 The applicant does not meet current requirements for employment authorization as outlined by pertinent state and federal laws;

11.1.11.4 The applicant is physically unfit for the performance of duties of the position applied for;

11.1.11.5 The applicant is addicted to the habitual excessive use of drugs or intoxicating liquor;

11.1.11.6 The applicant has been convicted of a crime involving moral turpitude where the conduct constituting the offense is related to or reflects upon the fitness of the applicant to perform the duties of the position;

11.1.11.7 The applicant has made a false statement of any material fact or has omitted any material fact or has practiced or attempted to practice any deception or fraud in the application.

11.1.12. Permissive Rejection

11.1.13. The City Manager as personnel officer, or the Manager's designee, may reject any application if, in that person or group's judgment, the number of applicants for the position is so great that it would be unmanageable to interview all applicants possessing the minimum qualifications.

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In such cases, the applicants selected for interview or further consideration may be limited to those who, in the judgment of the City Manager or the Manager's designee, possess the qualifications that best fit the needs of the Department concerned.

11.1.14. This shall not apply to applications for positions being filled by promotional examination.

11.1.15. Notice of Rejection

11.1.16. Whenever an application is rejected, notice of such rejection with a statement of reason may be mailed to the applicant by the City Manager or the Manager's designee. In all promotional· examinations, when an application is rejected, notice of such rejection with a statement of reason shall be provided within ten (10) days to the applicant by the City Manager or the Manager's designee.

11.1.17. Defective Applications

11.1.18. Defective applications may be returned to the applicant with notice to amend the same, at the discretion of the Personnel Officer.

12. Examinations

12.1.1. Nature and Type of Examinations

12.1.2. The selection techniques used in the examination process shall be impartial, of a practical nature, and shall relate to those subjects which, in the opinion of the Personnel Officer, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed.

12.1.3. Examinations may consist of such recognized personnel selection techniques as achievement tests, aptitude tests, evaluation of personality and background through personal interviews, performance tests, evaluation of daily work performance, work samples, or physical agility tests, or any combination of them.

12.1.4. Promotional Examinations

12.1.5. Promotional examinations may be conducted whenever, in the opinion of the City Manager, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section 12.1, or any combination of them. Promotional examinations may also include evaluation of prior City service and accomplishments in special training courses. Any employee who meets the requirements set forth in the promotional examination announcement may compete in the promotional examination process.

12.1.6. Conduct of Examinations

12.1.7. The City Manager, or the Manager's designee shall determine the manner and methods by which and persons by whom examinations shall be prepared and administered.

12.1.8. The City Council, upon recommendation of the Personnel Officer, may contract with any competent agency or individual for performing or preparing and administering examinations.

In the absence of such a contract, City staff shall perform such duties.

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12.1.9. The City Manager shall arrange for the use of public buildings and equipment for the conduct of examinations and shall render such assistance as shall be required with respect thereto.

12.1.10. Scoring Examinations and Qualifying Scores

12.1.11. A candidate's score in a given examination shall be the average of that candidate's scores on each competitive part of the examination, weighted as determined by the Personnel Officer.

Failure in one part of the examination may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination.

12.1.12. The Personnel Officer may, at the Officer's discretion, include tests which are qualifying only as a part of the examination.

12.1.13. Notification of Examination Results and Review of Papers

12.1.14. Each candidate in an examination shall be given written notice of the results thereof, and if successful, of the candidate's final earned score and placement on the employment list.

12.1.15. Any candidate shall have the right to inspect the candidate's own examination paper according to the rules of Human Resources. Any error in computation, if called to the attention of Human Resources within one month after the date of mailing of notices, shall be corrected.

Such corrections shall not, however, invalidate appointments previously made.

12.1.16. Veterans' Preference

12.1.17. Veterans' preference of five percent (5%) of the potential total final score shall be allowed all veterans of the U.S. military organizations if the deadline for filing applications is within five (5) calendar years from the date of discharge from active duty, or as required by the state and federal law. The five percent (5%) veteran's preference provision shall not apply to promotional examinations.

13. Appointments

13.1.1. Sources of Appointments to Fill Vacancies

13.1.2. Whenever the City Manager determines that a vacancy in a class described in Appendix A of this Memorandum of Understanding is to be filled, it shall be filled by re-employment, transfer, demotion, or from eligibles certified by the City Manager or the Manager's designee from an appropriate employment or promotional list, if available.

13.1.3. Whenever the City Manager determines that a vacancy in a class described in Appendix A of this Memorandum of Understanding is to be filled, the City Manager shall determine the availability of employees for re-employment, requests for transfers, or demotion, and of eligibles on employment or promotional lists for the class.

13.1.4. The City Manager shall certify the eligibles available to fill the vacancy by reinstatement, transfer, or demotion, or from a promotional or employment list.

13.1.5. Order of Certification

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13.1.6. Whenever certification is to be made, the employment lists, if any exist, shall be used in the following order: re-employment list, promotional list, open-competitive list. Whenever there are fewer than three names on a promotional list or seven names on an open-competitive list, the City Manager may make an appointment from among such eligibles or may establish a new list.

13.1.7. Appointment

13.1.8. After interview and investigation, the City Manager shall make appointments from among those certified in accordance with Section 16. The City Manager shall thereupon notify the person appointed. If the applicant accepts the appointment and presents himself/herself for duty within such period of time as the City Manager shall prescribe, the applicant shall be deemed to be appointed; otherwise, the applicant shall be deemed to have declined the appointment.

13.1.9. Nepotism

13.1.10. No person may be appointed to a position in a department if a member of the immediate family of such person is employed in the department, if the City Manager determines that:

13.1.11. For business reasons of supervision, safety, security, it would be inappropriate to place one such person under the direct supervision of the other; and

13.1.12. The appointment cannot be made so it would not be necessary that one employee be under the supervision of the other; or

13.1.13. The placement of both persons in the department involves potential conflicts of interest greater for persons so related than for nonrelated persons, and that such conflicts cannot be resolved by control of duty assignments. The City Manager shall consult with the Union prior to making any such determination.

13.1.14. lf such appointment is made, the employees involved shall be assigned, if possible, so that one is not under the direct supervision of the other, or employed to work in conjunction with the other under ordinary circumstances.

13.1.15. If, due to marriage or otherwise, persons employed in a department become members of an immediate family, the department head shall, to the extent possible, assign such persons to duties in such manner that neither is under the direct supervision of the other, and neither is assigned to work in conjunction with the other under ordinary circumstances.

13.1.16. For purposes of this section, "immediate family" includes father, mother, brother, sister, spouse, domestic partner, child, mother-in-law, mother of domestic partner, father-in-law, father of domestic partner, grandparent, grandchild, great-grandparent, great-grandchild, step-child, child of domestic partner, foster child, and step-parent.

14. Probation Period

14.1.1. Duration

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14.1.2. All original and promotional appointments shall be tentative and subject to a probationary period of not less than six months from the date of probationary appoi11tment or promotion.

14.1.3. An employee who is laid off and subsequently appointed as a result of certification from a general employment eligible list to a position in a different classification than that from which laid off shall undergo the probationary period prescribed for the classification to which appointed. Former probationary employees whose names were placed on a re-employment eligible list before they achieved permanent status shall start a new probationary period when appointed from a re-employment eligible list.

14.1.4. Employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the position into which transferred.

14.1.5. Objective of Probationary Period

14.1.6. The probationary period shall be regarded as a part of the testing process and shall be utilized for close observation of the employee's work, for securing the most effective adjustment of a new employee to the position, and for rejecting any probationary employee whose performance does not meet the required standards of work.

14.1.7. Appointment or Rejection of Probationer

14.1.7.1 During the probationary period an employee may be rejected at any time by the City Manager without cause, without hearing, and without the right of appeal.

14.1.8. Prior to the conclusion of the probationary period, the department head shall file a written statement with the City Manager recommending permanent appointment, rejecting the probationer or requesting an extension of the probationary period as provided in Subsection

14.5. 14.1.9. Prior to the scheduled termination of the probationary period, the City Manager shall notify the probationer in writing as to whether the service of the probationer has been satisfactory and whether the City desires to retain the employee. If the City Manager notifies the probationer that the performance of the latter has been satisfactory, the City Manager shall appoint the probationer to the position on a regular basis, effective upon the completion of the probationary period. If the City Manager notifies the probationer that the performance of the latter has not been satisfactory, the employment of the employee shall be terminated upon such notice, or the City Manager may extend the probationary period for a specific period of time to allow for further observation and evaluation. If the probationary period is extended, the salary step increase for the employee shall be deferred for the period of time of the extension.

14.1.10. Whenever the City Manager rejects a probationer, the written notice of rejection shall advise the probationer as follows:

14.1.10.1 That if the probationer believes such rejection is because of allegations of misconduct which have been publicly disclosed under such circumstances that the good name, reputation, honor, or integrity of the probationer has been stigmatized, the probationer has the right to a hearing to provide an opportunity to clear the probationer's name; and

14.1.10.2 That if the probationer believes such rejection is on account of race, color, ancestry,

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national origin, religion, sex, marital status, sexual orientation, physical disability, participating in the activities of a labor organization, or the exercise of any right guaranteed to the probationer by statute or constitution, the probationer is entitled to a hearing to determine whether such rejection was, in fact, effectuated upon such invalid basis.

14.1.11. The notice shall advise the probationer that the latter may request such hearing by transmitting to the City Manager in writing not later than 15 days from the date of the notice a request for a hearing. Such request shall specify the grounds upon which the hearing is requested, as set forth in Subsection 14.3.4.1 and 14.3.4.2. If the probationer does not request a hearing in the manner prescribed by this section within the period allowed, the probationer shall be deemed to have waived any right to such hearing.

14.1.12. The City Manager shall conduct hearings requested pursuant to this section. If the hearing has been requested pursuant to Subsection 14.3.4.2, the probationer shall have the burden of proof that the rejection was effected upon an invalid basis. At the conclusion of such hearing the City Manager may sustain the rejection, reinstate the probationer to probationary status if the probationary period has been completed, or reinstate the probationer to probationary status and extend the probationary period if otherwise permissible, if justified by the evidence presented at the hearing.

14.1.13. If, prior to the hearing, the employee presents to the City Manager a written request that the City Manager be disqualified from conducting the hearing, the City Manager shall assign a designee having no supervisory control over the employee to conduct the hearing. At the conclusion of the hearing, the hearing officer shall recommend to the City Manager the disciplinary action to be taken, if any, and the City Manager shall make a determination and promptly notify the employee in writing of such decision.

14.1.14. Promotional Probation

14.1.15. An employee who has previously completed the requisite probationary period and who is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was promoted; provided that this subsection shall not be construed so as to prohibit the City from discharging any employee during a subsequent promotional probationary period for those reasons and causes set forth in Section 39 of this Memorandum of Understanding.

14.1.16. Extension

14.1.17. The probationary period may be extended upon the written recommendation of the employee's department head and the approval of the City Manager for one or more extensions, each not to exceed six months duration.

14.1.18. The Union will be notified in writing of extensions of probationary periods.

15. Promotion

15.1.1. The City shall endeavor to fill vacancies by promotion when in the best interest of the service.

In the event the City Manager determines to fill a vacancy by promotion, Human Resources shall prepare and administer an examination for those employees holding similar positions in

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lower classifications. The names of the successful candidates shall be recorded in the order of their standing in the examination on an employment list. Promotional appointments can only be made from the first three candidates on the employment list who are ready and willing to accept the position offered.

15.1.2. If, in the opinion of the City Manager, a vacancy in the position could be filled better by an open, competitive examination instead of a closed, promotional examination, the Manager may call for applications for the vacancy and arrange for an open competitive examination, and for the preparation and certification of an eligible list.

16. Employment Lists

16.1.1. Employment lists shall become effective upon approval thereof by the City Manager.

Employment lists shall remain in effect for one year, unless sooner exhausted, and may be extended prior to their expiration dates by action of the City Manager for additional six (6)- month periods but in no event shall an employment list remain in effect for more than two (2) years.

16.1.2. Original appointments can only be made from the list of eligible candidates on the employment list who are ready and willing to accept the position offered.

16.1.3. The name of any person on an employment list may be removed by the City Manager if the eligible person requests such removal in writing, if the candidate fails to respond to a written offer of employment within five business days next succeeding the mailing of notice, which shall be by registered mail, if a subsequent report of a background investigation shows that the person is unsatisfactory, or if the employee has been rejected for appointment three times. If a candidate indicates a desire not to be considered for appointment or for interview, the City Manager remove the name of the candidate from the employment list.

16.1.4. The names of persons on promotional employment lists who resign from the service may be dropped from such lists.

17. Layoff and Re-employment

17.1.1. Layoff

17.1.2. Whenever, in the judgment of the City Council, it becomes necessary to abolish positions, the City Council may abolish any position including those set forth in Appendix A of this Memorandum of Understanding, and the employee holding such position or employment may be laid off without the right of appeal. The City Manager may likewise lay off regular employees due to lack of work or funds.

17.1.2.1 In reduction of force, employees with the least length of service in the classification affected shall be laid-off first; provided, however, that any employee so laid off may elect to be reassigned to a directly related classification with an equal salary scale held by an employee with less service with the City if the senior employee is capable by training and experience of performing the work of the position. As used herein, the following groups of classifications shall be the only ones deemed to be directly related:

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17.1.2.1.1 Accounting and Customer Service Representative 1, II and III

17.1.2.1.2 Maintenance Worker I and II

17.1.2.1.3 Assistant Engineer and Associate Engineer

17.1.2.1.4 Librarian [, Librarian II, Library Assistant I and Library Assistant II

17.1.2.1.5 Administrative Assistant and Secretary

17.1.3. When a senior employee is laid off from a classification not directly related to any other classification, such employee may, if the employee elected be assigned to a position in the Maintenance Worker classification held by an employee of less service with the City if the classification from which the senior employee was laid off is of a higher salary scale than that for Maintenance Worker. Such reassignment shall occur only in the event that the senior employee is capable by virtue of training and experience of performing the work of the Maintenance Worker classification.

17.1.4. An employee who is being laid off and who is in a classification due to a voluntary demotion from a higher classification as to which that employee had successfully completed the required probationary period may elect to be reassigned to such higher classification held by an employee with less service with the City.

17.1.5. Re-employment

17.1.6. In rehiring, the name of the employee last laid off within two years shall be placed at the head of an employment list for a position in the classification formerly held, and the employee shall be given preference in filling vacancies in that classification, and, if re-employed, shall be placed at the same step of the salary range previously held.

18. Resignation and Reinstatement

18.1.1. Resignation

18.1.2. An employee wishing to leave the competitive service in good standing shall file with the department head at least two weeks' notice of an intention to leave the service. The written resignation shall state the effective date and reason for leaving. The resignation shall be forwarded to the City Manager with a statement by the department head as to the resigned employee's service performance and other pertinent information concerning the cause for resignation.

18.1.3. Reinstatement

18.1.4. A permanent employee who has resigned in good standing may, with the approval of the City Manager, be reinstated to a vacant position of the same or similar classification as the previous position within a period of two years from the effective date of resignation.

Reinstatement shall be made at the salary step recommended by the department head and approved by the City Manager, but shall not exceed the salary step held at the time the employee left City employment.

18.1.5. The reinstated employee may serve a designated probationary period for that classification prior to becoming a permanent employee regardless of the salary step at which the employee is reinstated.

19. Demotion

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19.1.1. Demotion shall mean the movement of an employee from one class to another class having a lower maximum rate of pay. Demotions can only be made by the City Manager. Demotion may be made to a vacant position as a substitute for layoff. No employee shall be demoted to a position for which that employee does not possess the minimum qualifications. Written notice of the demotion shall be given the employee three days before the effective date of the demotion.

20. Hours of Work Overtime Premium Pay

20.1.1. Hours of Work

20.1.2. The regular workweek for employees occupying full-time positions shall consist of forty (40) hours. One 15-minute rest period each shall be observed during the first half and the second half of each regular workday. As set forth in [INSERT NAME OF SIDE LETTER] and on the terms set forth in that side letter, the City will implement a 36-hour workweek pilot program.

20.1.3. An employee of the library, whose regularly scheduled working hours do not provide for two (2) consecutive regular days off within a seven (7) day work period shall be paid a five percent (5%) premium to the regular straight-time rate of pay for each hour actually worked on the day which would regularly constitute one of two consecutive days off. If work schedules are modified, and upon request of the union, the parties will meet and confer.

20.1.4. The City shall provide an employee a minimum of seventy-two (72) hours written notice of a short-term change in the employee's schedule which does not trigger the meet-and-confer requirements of Subsection 3.4.10. To the extent possible, notice shall be given more than seventy-two (72) hours in advance of such changes to facilitate the employee's adjustment to this disruption in their normal routine.

20.1.5. Overtime

20.1.6. Authorized work performed in excess of forty (40) hours in one week shall constitute overtime.

Authorized work performed in excess of eight (8) consecutive hours, or those beyond the employee's regularly scheduled hours, whichever is greater, in any one(!) day (exclusive of lunch period) shall constitute overtime. Absent extenuating circumstances, all overtime must be approved in advance by a supervisor.

20.1.7. An employee required to work in excess of the regularly scheduled hours of work, as defined in the preceding paragraph, shall be compensated for each overtime hour so worked at the rate of one-and-one-half(l-1/2) times the employee's regular straight-time rate of pay.

20.1.8. Except in the event of an emergency, an employee who leaves the workplace due to injury or illness shall not be eligible for overtime, call back, or standby pay until the employee's next regularly-scheduled workday.

20.1.9. Call Back

20.1.10. An employee recalled to work outside of and not continuous with an employee's regularly scheduled hours shall be paid a minimum of two (2) hours at the rate of one-and-one-half (1- 1/2) times the employee's regular straight-time rate of pay. An employee shall not receive additional two-hour payments for multiple call backs which occur within a single two-hour

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period.

20.1.11. Stand-by Duty

20.1.12. An employee assigned to be on stand-by to answer calls outside of regularly-scheduled hours shall receive two (2) hours pay at the regular straight-time rate of pay or, at the employee's option, two (2) hours of compensatory time off at the regular straight-time rate, for each sixteen (16) hours of stand-by time. (The two regularly assigned operators of sweepers shall not be required to take stand-by.)

20.1.13. In addition to our straight time hour for each eight hours of standby duty, an employee assigned to such stand-by for not less than sixteen (16) hours on a holiday shall be entitled to eight (8) straight time hours of pay or compensatory time off.

20.1.14. Stand-by Living Radius

20.1.15. Employees occupying the classifications of Maintenance Worker I/II, Maintenance Technician, and Pump Mechanic I/II shall, for purposes of standby assignment, shall require residency within a 45-minute drive of the City of San Bruno. •

20.1.15.1.1 San Francisco - This area shall include all parts of the City and County of San Francisco which are south of Geary Boulevard to the Great Highway.

20.1.15.1.2 San Mateo County- In San Mateo County this shall include all areas 1101th of Hwy 84 from the bay to 1-280, and all areas north of Hwy 92 from 1-280 to the Pacific Ocean.

20.1.15.1.3 Bisect Cities which are bisected by either highway shall be considered qualified. Individual managers may grant exceptions where they deem that another location outside of these definitions also meets the 45-minute requirement.

20.1.15. Compensatory Overtime

20.1.16. Subject to approval by the department head, an employee may take compensatory time off for overtime worked in lieu of receiving overtime pay therefore. Except as noted in Section 20.4 regarding standby, compensatory overtime shall be calculated at the same rate as overtime pay. No employee may accumulate more than eighty (80) hours compensatory time. ln the event the employee earns comp-time in a pay period that will result in that employee exceeding the eighty (80) hour balance, the additional hours (except those earned as straight- time compensatory time for standby duty) will be paid as overtime pay for that pay period.

20.1.17. Flexible Working Hours

20.1.18. The department head may, at the request of an employee, authorize such employee to work a schedule of forty (40) hours per week where some workweek hours per week are other than between 8:00 AM to 5:00 PM, if the department head finds such work schedule is consistent with the operational needs of the department. Approval of a flexible working schedule shall be subject to approval by the department head and City Manager in writing and a copy shall be placed in the employee's personnel file. Initial approval of a flexible work schedule does not entitle or guarantee the employee the right to maintain that flexible work schedule and approval of a flexible work schedule does not limit the rights of management to reassign work hours should the operational needs of the department change on a permanent or temporary

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basis. To the extent possible, the City agrees to provide notice ten (10) working days in advance of a modification in an employee's previously approved flexible work schedule except for short tern modifications or extenuating circumstances.

20.1.19. Weekend Work

20.1.20. Where the seasonal operating needs of a department make it necessary for some employees to work on Saturday and/or Sunday in lieu of the regular Monday through Friday workweek, such weekend work assignments shall be made on a rotational basis based on length of service with the City. To the extent possible, the assignment of weekend work shall be scheduled in advance of the work season.

21. Holidays

21.1.1. Holiday Pay

21.1.2. Regular full-time employees shall be entitled to observe all authorized holidays at full pay, not to exceed eight hours for any one day, provided they are in a pay status on both their regularly scheduled workdays immediately preceding and following the holiday.

21.1.3. Authorized Holidays

21.1.4. Eleven (11) authorized holidays observed by the City:

21.1.4.1.1 New Year's Day

21.1.4.1.2 Martin Luther King Day

21.1.4.1.3 President's Day

21.1.4.1.4 Memorial Day

21.1.4.1.5 Independence Day

21.1.4.1.6 Labor Day

21.1.4.1.7 Veterans Day

21.1.4.1.8 Thanksgiving Day

21.1.4.1.9 Day after Thanksgiving Day

21.1.4.1.10 Day before Christmas Day

21.1.4.1.11 Christmas Day

21.1.5. If a holiday falls on a Sunday, such holiday shall be observed on the Monday following. If a holiday falls on a Saturday, such holiday shall be observed on the preceding Friday.

21.1.6. The day before Christmas Day shall be observed as follows:

22. If Christmas Day falls on 23. Day before Christmas observed on

24. Monday 25. Tuesday following

26. Tuesday 27. Monday before

28. Wednesday 29. Tuesday before

30. Thursday 31. Friday after

32. Friday 33. Thursday before

34. Saturday 35. Thursday before

36. Sunday 37. Friday before

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22.1.1. Holidays for library employees shall be observed in the following manner:

22.1.1.1.1 If a holiday falls on a Friday or Saturday, employees who would be otherwise normally scheduled to work on Saturday shall be scheduled to get Friday, Saturday, and Sunday of that weekend as days off.

22.1.1.1.2 If a holiday falls on a Sunday, it shall be observed on the following Monday.

Employees who would otherwise be normally scheduled to work the previous Saturday would be scheduled to work the previous Friday instead.

22.1.1.1.3 If a holiday falls on a Monday, employees who would otherwise normally be scheduled to work on Saturday shall be scheduled to work on the previous Friday and shall be scheduled to get Saturday, Sunday, and Monday as days off.

22.1.2. If the City exercises its right to reschedule employees and open the library on a holiday weekend, employees who work on the holiday shall receive compensation as described in Subsection 21.3. If an employee works on such weekend, does not work on the holiday, and does not receive a day off with pay during such weekend, the employee will be allowed to take a day off with pay at a later time.

22.1.3. Work Performed on a Holiday

22.1.4. Any regular full-time employee who is required to work on any of the holidays specified in Subsection 21.2 above shall, in addition to receiving regular pay for such holiday, be paid two- and-one-half (2-1/2) times the employee's regular straight-time rate of pay for all hours actually worked on such holiday; provided, however, that employees assigned to standby duty as provided in Subsection 20.4 Stand-by Duty above on such holiday shall receive one and one-half (l- l/2) times their regular straight-time rate for all hours actually worked on such holiday. For purposes of this section, holidays will be those days on which the holiday is actually observed.

22.1.5. Holiday During Vacation

22.1.6. In the event any of the holidays specified in Subsection 21.2 above occurs while an employee is on vacation, the holiday shall not be charged to vacation.

23. Vacation Leave

23.1.1. Vacation Allowance

23.1.2. As of March 12, 2001, regular full-time employees shall accrue vacation leave as follows:

23.2. Length of Service 23.3. Vacation Hours
Earned Biweekly

23.4. 0-5 years 23.5. 3.078 hours

23.6. 6-10 years 23.7. 4.615 hours

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23.8. 11th year 23.9. 4.925 hours

23.10. 12th year 23.11. 5.229 hours

23.12. 13th year 23.13. 5.538 hours

23.14. 14th year 23.15. 5.848 hours

23.16. 15th year 23.17. 6.152 hours

23.18. 16-20 years 23.19. 6.460 hours

23.20. 21-24 years 23.21. 6.770 hours

23.22. 25th year or more 23.23. 7.080 hours

23.1.3. Accumulation

23.1.4. No employee may accumulate more than two hundred eighty (280) hours vacation leave; provided, however, that an employee may request permission from the City Manager to accumulate additional hours for a specific purpose. Once an employee has accumulated two hundred eighty (280) hours (or the maximum authorized by the City Manager), that employee will not accumulate any additional vacation time until the employee's leave balance drops below two hundred eighty (280) hours.

23.1.5. The City Manager may require any employee to use at least eighty (80) hours vacation leave in a calendar year to the extent such vacation leave has been accumulated. The City Manager may also allow an employee to accumulate vacation hours in excess of two hundred eighty (280) if the employee's vacation request has been denied due to departmental operating needs.

23.1.6. Pay upon Termination

23.1.7. Employees who terminate employment shall be paid in a lump sum for all unused vacation leave accrued in accordance with the provisions of this section prior to the date of termination.

23.1.8. Scheduling

23.1.9. The times during the calendar year at which an employee shall take vacation shall be determined by the depa11ment head with due regard for the wishes of the employees and particular regard for the needs of the service with seniority governing when conflicts arise.

24. Sick leave

24.1.1. Purpose. Sick leave shall not be considered a privilege which an employee may use at the employee's discretion, but shall be allowed in case of necessity and actual sickness or disability, except as provided in 19.1.2.4 and 19.1.2.5.

24.1.2. Rate and conditions of accrual and utilization of sick leave.

24.1.3. For full-time employees, sick leave shall be accrued at the rate of eight hours for each calendar month of service, except as provided in Subsection 23.2.3.

24.1.4. Unused sick leave shall be accumulated at the rate of ninety-six (96) hours a year. There is no maximum amount which an employee may accrue.

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24.1.5. Sick leave, vacation leave, and holiday leave shall not accrue when the employee is on leave without pay.

24.1.6. Employees of this bargaining unit shall be eligible to utilize sick leave upon accrual.

24.1.7. Sick leave may be used for any disability, whether temporary or permanent, by injury or illness arising out of and in the course of the duties of the employee after expiration of salary continuation as provided in Section 24.

24.1.8. In the event sick leave is taken by an employee instead of a leave of absence for industrial disability granted by state law where there is a bona fide dispute as to whether the disability is industrial, and such dispute is resolved in favor of the employee, any sick leave which was erroneously deducted from the employee's accumulated sick leave shall be restored to the employee.

24.1.9. Procedure. In order to receive compensation while absent on sick leave, the employee shall notify an immediate superior or the depa11ment head prior to the employee's scheduled starting time, or as outlined in written departmental procedures, if reasonably possible. The employee shall provide such notice daily unless other arrangements have been made. If an employee becomes ill while away from the employee's residence, the employee shall notify a supervisor of the employee's location, including address and telephone number. If the employee has previously been counseled or warned in writing by the supervisor regarding abuse of sick leave, the supervisor may direct the employee to return to the employee's residence if circumstances permit. The supervisor shall not unreasonably require the employee to return to the employee's residence.

24.1.10. Signed statement. When an employee has been absent on sick leave, upon return to work the employee shall submit to the department head a personally signed statement indicating dates of illness and other information as allowed by state and federal law. Such statement shall be on a form prescribed by the City for such purpose.

24.1.11. Medical certificate. When an employee returns after an absence on sick leave in excess of one work day, the department head may require the employee to submit a certificate signed by a licensed physician indicating dates of illness and other information as allowed by state and federal law, in addition to the signed statement required pursuant to Subsection 23.4. If the employee has previously been counseled or warned in writing by the supervisor regarding abuse of sick leave, such a certificate may be required by the department head after absence on sick leave for any amount of time. The City agrees to pay for the cost of obtaining said certificate to the extent that the employee's health insurance does not do so. The employee shall make every effort to take advantage of available insurance coverage.

24.1.12. Duty to remain at home. Whenever an employee who has been previously counseled or warned in writing by the supervisor regarding abuse of sick leave is absent on sick leave, such employee shall remain at the employee's residence, except where hospitalized or attending to a medical appointment, unless the employee has made special arrangements with the employee's supervisor to be away from such residence. In considering any such special arrangement, the supervisor shall ascertain the nature of the illness, injury, or disability; the location(s) at which the employee is to be present; and the reason(s) the employee seeks to remain at a location other than the employee's residence. The supervisor shall only approve a special arrangement if there are legitimate reasons therefore, and if it would not deter the employee's ability to recover.

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24.1.13. Availability for notification. An employee who is absent on sick leave is expected to be available to answer telephone calls related to the illness, injury, or disability, or work-related matters. No employee shall refuse to answer a telephone call from a supervisory employee for that purpose.

24.1.14. If the employee has previously been counseled or warned in writing by the supervisor regarding abuse of sick leave, the employee shall be available to receive visits from a supervisor related to the illness, injury, or disability or work-related matters. No such employee shall refuse to receive a visit from a supervisory employee for such purposes.

24.1.15. Suspension of sick leave. When, in the sole opinion of the City Council, a job action exists, it shall have the authority to suspend the use of sick leave benefits for the duration of the job action, retroactive to the beginning of such job action. The City Manager shall have sole discretion to grant exceptions for employees the Manager believes to have been ill or injured prior to the job action. As used herein, "job action" includes, but is not limited to, any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment, or to perform customary duties due to any labor dispute, or any concerted refusal to appear at any assigned work station because of claimed or asserted sicknesses or disabilities.

24.1.16. Sick leave on holidays. If an employee is absent on paid sick leave and a holiday occurs during such absence, the day shall be treated as a holiday taken and such pay shall not be charged against the employee's sick leave credit.

24.1.17. Sick leave payout upon termination. In the event an employee's employment with the City is terminated as a result of retirement, death, or abolition of position, the following amount of unused sick leave shall be paid on termination of employment.

24.1.17.1.1 Employees who have completed twenty (20) or more years of City service as a full­ time employee: fifty percent (50%) of unused sick leave, or six hundred (600) hours, whichever is less.

24.1.17.1.2 Other employees: Fifty percent (50%) of unused sick leave, or four hundred eighty (480) hours, whichever is less.

24.1.18. Family sick leave. Employees may use leave time as allowed by state and federal law (presently one-half of earned time [48 hours]), for diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee's family member. "

25. Industrial Disability Salary Continuation Program

25.1.1. Any regular employee who has suffered any disability arising out of and in the course of employment, as defined by the workers' compensation laws of the State of California, may be entitled to salary continuation while disabled without loss of compensation for the period of such disability to a maximum of sixty (60) calendar days. Such salary continuation may be extended by the City Manager not to exceed one year. The City Manager may call for medical examinations as frequently as would be reasonably necessary, given the nature and extent of the injury and the degree of change of condition within a given period of time, but shall not schedule examinations so frequently as to constitute harassment of the employee. The City

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may terminate industrial disability salary continuation if a disability retirement is initiated.

26. Bereavement Leave

26.1.1. In the event of a death in the immediate family of an employee, the employee shall, upon written request, be granted such time off with pay as is necessary to make arrangements for the funeral and attend same, not to exceed fivethree regularly scheduled working days, comprised of three days of paid bereavement leave and two days paid with use of the employee’s accrued leave. For employees without any available accrued leave balances, the two days will be unpaid. This provision shall not apply if the death occurs while the employee is on leave of any kind other than vacation or compensatory time off. Only in the event that the funeral takes place at a location more than one hundred and fifty (150) miles away from the City of San Bruno, reasonable time off for travel will be allowed, not to exceed one regularly scheduled working day for travel in each direction.

26.1.1.26.1.2. For the purposes of this provision, the immediate family shall be restricted to father, mother, brother, sister, spouse, domestic partner, child, mother-in-law, mother of domestic partner, father-in-law, father of domestic partner, grandparent, grandchild, stepchild, child of domestic partner, foster child, and stepparent. At the request of the City, the employee shall furnish a death certificate and proof of relationship.

26.1.2.26.1.3. Bereavement leave does not need to be taken on consecutive workdays. However, bereavement leave must be taken within three (3) months following the death of the immediate family member.Bereavement leave applies only in instances in which the employee attends the funeral, or is required to make funeral arrangements, but is not applicable for any other purpose, such as settling the estate of the deceased.

26.1.3.26.1.4. In addition, an employee may use sick leave, subject to the same limitations as Bereavement Leave, upon the death of an aunt, uncle, nephew, niece, great-grandchild, great-grandparent, or other person with the approval of the department head.

27. Leave of Absence

27.1.1. The City Manager may grant a regular employee a leave of absence without pay or benefits not to exceed one (1) year. A request for such leave shall be in writing and shall be approved or denied by the City Manager in writing.

27.1.2. The City Manager may terminate such leave of absence prior to the scheduled expiration of the leave upon notice to return to duty if the City Manager determines that the circumstances justifying the leave do not exist or if the needs of the City justify termination of the leave.

27.1.3. A denial of a request for leave of absence, or a premature termination of such leave, may be appealed to the City Council.

27.1.4. Upon expiration of a regularly approved leave, or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge.

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28. Jury Duty Leave - Leave for Court Appearances

28.1.1. Any employee who is called and required to serve as a trial juror shall be entitled to leave with pay during the period of such service or while necessarily being present in com1as a result of such call. Under such circumstances, the employee shall be paid the difference between the employee's full salary and any payment received, except travel pay, for such duty

28.1.2. An employee who has been subpoenaed as a witness in an official City capacity shall be paid the employee's regular salary, less any witness fee received.

28.1.3. An employee who has been subpoenaed as a witness in a private capacity shall not be eligible for jury or court leave for this purpose. Such an employee may use other forms of leave, including vacation, personal leave bank or compensatory time.

29. Military Leave

29.1.1. Except as provided in 19.6.2, military leave shall be granted in accordance with the provisions of state and federal law. All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken.

29.1.2. Military leave shall be provided for in accordance with state and federal law. According to the State Military and Veterans Code Section 395.01, employees on temporary military leave (training), with at least one year of service with the public agency, or at least one year of combined military/employment service, are entitled to receive pay for the first 30 days of temporary military leave. Pay for those purposes may not exceed 30 days, or 240 hours, in any one fiscal year.

30. Personal Leave Bank

30.1.1. Each employee of this bargaining unit shall have a Personal Leave Bank. The bank shall be maintained by the Finance Department and reported to the employee by means of a payroll stub entry.

30.1.2. New employees shall begin with a balance of zero (0). Each year on the employee's birthday, the employee's leave bank shall be credited with eight (8) hours of personal leave. The leave bank shall also be credited with eight (8) hours of personal leave each year on February 12 and September 9, in recognition of prior holidays for Lincoln's Birthday and Admission Day, respectively. Similarly, on Good Friday each year the employee's leave bank shall be credited with four (4) hours of personal leave.

30.1.3. An employee desiring to take personal leave must make such request in writing to the department head at least seven (7) days prior to the proposed leave, unless otherwise agreed to by the City. Approval of such time off shall be subject to the operating requirements of the department in which the employee works.

30.1.4. Employees will be permitted to accumulate up to a maximum of forty-eight (48) hours in personal leave.

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30.1.5. Employees will also be allowed to borrow against future accruals by overdrawing the bank by up to twenty-four (24) hours. Upon termination of employment, an employee shall be paid in a lump sum for all hours remaining in the leave bank, at the employee's final straight­ time rate. [In the event that an employee leaves City employment with an overdrawn leave bank, the employee shall reimburse the City for the deficit, at the employee's final straight­ time rate.

31. Catastrophic Leave

31.1.1. Employees of this bargaining unit may voluntarily donate vacation leave, holiday leave and compensatory time off to a common bank from which other employees in the bargaining unit may draw in case of their personal illness when they have exhausted sick leave. Catastrophic illness or injury shall be defined for this purpose to mean a life threatening or debilitating illness or injury.

31.1.2. The City may require that the catastrophic nature of the condition be confo111ed by a doctor's report. Donated leave will be credited to the receiving employee's sick leave balance on an hour for hour basis and shall be paid at the rate of pay of the receiving employee.

32. Leave with Pay - Extenuating Circumstances

32.1.1. Occasionally, due to the 24 hour nature of City activities, there are emergency situations (flooding, pipe breaks, trees down, etc.) which can result in the call back of duty personnel, standby personnel, and in some cases, all available personnel. In the interest of responsiveness to the emergency call out situations and concern for worker safety and compliance with State and Federal regulations governing workplace safety, the City has established leave with pay extenuating circumstances.

32.1.2. This leave provision shall only apply to non FLSA Exempt employees in this bargaining unit.

32.1.3. Eligible employees who are called back to work during the employee's normal sleeping period shall be eligible to receive time off with pay. Employees who have been called out or worked overtime during the time period of six (6) hours after and three (3) hours before the employee's normally scheduled work day shall be eligible for such leave.

32.1.4. Time off with pay shall be permitted during the employee's normally assigned shift on an hour for hour basis, with consideration given to continuous hours worked outside of the eligible hours, not to exceed the number of hours of the employee's regularly scheduled work shift.

32.1.5. Employees using this paid time off will elect to report to work at a later sta11 time or leave work earlier than normally scheduled in the next regular work day. If a significant number of employees were called out, the supervisor and/or manager shall schedule whom continues working and whom reports for work later in the next workday so as to provide for a minimum staffing level necessary for efficient operations.

32.1.6. As a general rule, except in extreme emergency situations, employees shall not work longer than fifteen (15) consecutive hours.

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32.1.7. This program shall be administered by the appropriate Department Head, subject to authority provided by the City Manager. The appropriate supervisor must note the extenuating circumstance for the Department Head's approval on the affected employee's time sheet.

32.1.8. The affected employee's supervisor has the final determination as to whether an employee continues working and leaves work earlier in the normally scheduled workday, or returns home to sleep and reports to work later in the normally scheduled workday. The decision of the supervisor shall be based on organizational need and the affected employee's ability to continue working in a safe manner. The decision of the affected employee's supervisor shall be final and binding.

33. Health and Welfare

33.1.1. Health & Welfare Trust Fund

33.1.2. Each regular full-time employee and each permanent part-time employee of this unit shall become eligible to participate in Teamsters Local Union No. 856 Health and Welfare Trust Fund, provided, however, that participation in the fund shall not be denied to eligible employees who are not members of the Union. Temporary employees and temporary part­ time employees who are employed by the City for a period of ninety (90) days shall also be eligible to participate in said fund.

33.1.3. For purposes of providing health and welfare benefits for regular full-time and permanent part- time employees subject to this Memorandum of Understanding, the City shall contribute an agreed upon amount to the trust fund on a monthly basis on behalf of each eligible employee for actual costs incurred by such Fund to provide and maintain at existing levels of coverage hospital, medical, dental care, prescription drugs, vision care, and retiree health benefits.

33.1.4. An eligible employee with respect to whom monthly contributions are required shall mean any employee on the payroll on the first day of any calendar month who has been on the payroll of the City eighty (80) hours or more during the preceding calendar month, and their qualifying dependents, including domestic partners. Said contribution shall institute full compliance with and full performance of all obligations of the City to provide health and welfare benefits for its employees.

33.1.5. Beginning January 1, 20262 through December 31, 20284, 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,

33.1.6. Plan Restructure

33.1.6.1 The Plan year shall move to a calendar year cycle. Future year increases will be effective January 1.

33.1.7. "Opt out'

33.1.7.1 Employees who demonstrate possession of comparable health coverage may elect to opt out of the City health benefit.

33.1.7.2 An amount equal to 15% of the monthly premium shall be paid to the employee based

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on the composite rate with the 'no co-pay' prescription plan

33.1.7.3 An amount equal to 35% of the monthly premium shall be paid to the Trust based on the composite rate with the 'no co-pay' prescription plan

33.1.8. The Trust shall offer a "10/20" drug prescription option, which may be utilized at employees choice only

33.1.9. A request for contributions up to the maximum allowable amount shall be made by the Union to the City no less than thirty (30) days in advance of the effective date and shall be supported by evidence of Trust Fund documentation reflecting actual increased costs, This adjustment shall take effect within thirty (30) days after notification by the Union to the City. No other adjustments shall be permitted during the term of this Memorandum of Understanding.

34. Retiree Health Coverage

34.1.1. Employees in this unit participate in Retiree Plus Health Coverage established January 1, 2021. For term of this contract, the City shall pay 75% and employee shall pay 25% of Retiree Plus Health Coverage premium.

34.1.2. Eligibility for any Retiree coverage: If you retire from employment with an employer who is making contributions for retiree coverage, you will be eligible for retiree benefits provided: (1) You were covered under this Plan for a total of 120 months, and (2) You were eligible for at least 12 continuous months immediately prior to the date of your retirement.

35. Eligibility for Retiree Plus Coverage: If you retire from employment with an employer who is making contributions for retiree coverage, you will be eligible for the reduced Monthly Self-Pay rate provided: (1) You have at least 240 months of coverage, and (2) 12 continuous months immediately prior to the date of your retirement with an employer who paid into the Retiree Plus Plan. If you have at least 120 months, but less than 240 months, you will be eligible for Retiree coverage but not for the reduced Monthly Self- Pay rate. Retirees are encouraged to review the Retiree Plus Health Coverage Plan Document for exceptions and enrollment deadlines.

36. Life Insurance

36.1.1. The City shall provide, at its expense, a term life insurance group policy for employees in classifications set forth in Appendix A hereof in an amount equal to the employee's annual base salary as stated in Appendix A Income tax consequences, in conformance with IRS regulations, will be the responsibility of the employee. All employees earning under $50,000, will have a life insurance benefit of $50,000.

36.1.2. Said employees shall be entitled to purchase, at their own expense, additional term life insurance to the extent permitted by the policy carrier under such terms and conditions as are customarily imposed by such carrier in its normal course of business.

36.1.3. Subject to agreement with the mid-management and management bargaining units, the City agrees to provide Level IV 1959 Survivor's Benefits to members of this bargaining unit. This benefit has a monthly employee cost (currently $2.00), determined by PERS, and a rate

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based on actuarial valuation to the City on a monthly basis.

37. Retirement

37.1.1. The following applies only to those employees hired prior to January 1, 2013 or defined as "classic" members of CalPERS. The retirement system in effect between the City of San Bruno and the Public Employee's Retirement System (PERS) on behalf of eligible full-time and permanent part-time employees of this unit shall be two-and-seven-tenths percent (2.7%) at age 55 for all eligible employees. Final compensation for purposes of calculating retirement benefits shall be based upon the highest average annual compensation earned by the employee the last consecutive year of employment preceding the date of retirement.

37.1.2. For employees hired on or after January 1, 2013, and not defined as "classic" members of CalPERS, their retirement shall be as provided by PEPRA (AB340 as amended).

37.1.3. If during the term of this agreement, new PERS retirement benefits should become available for this bargaining unit, and if other bargaining units affected by those benefits have the option to reopen negotiations on the issue of retirement benefits, this bargaining unit shall have the right to ask the City to reopen negotiations on the issue of retirement benefits. It is understood that such re-opener may allow the City to modify other economic benefits contained in this agreement to provide improved retirement benefits.

37.1.4. In lieu of Sick Leave Payout Upon Termination provisions previously provided in Section

23.11 of this Memorandum of Understanding, the City agrees, to the extent permitted by PERS and at such time as permitted by PERS, to amend our contract for inclusion of a Credit for Unused Sick Leave retirement option as outlined in Government Code section 20862.8.Until such is implemented, the previously existing conditions of Section 23.1 shall be operable. The cost of the PERS sick leave buyout option shall be paid by the City.

38. Deferred Compensation

38.1.1. If employees in other bargaining units are offered deferred compensation plans other than that which the employees in this bargaining unit have previously been offered, the employees in this bargaining unit shall also be allowed to participate in any such additional plans.

38.1.2. The City agrees to permit employees of the bargaining unit, to the extent permitted by law, to voluntarily participate in a deferred compensation program as provided for in Resolution 1984- 48 Authorizing and Approving a Deferred Compensation Plan for Participating Employees.

38.1.3. The City agrees to meet and confer with the union, upon their request, should the Internal Revenue Code be amended so as to adversely impact the intended purpose of the adopted deferred compensation program.

38.1.4. The City agrees to match employee contributions to a '457' deferred compensation program to a maximum of $300 per year, calculated on a biweekly basis.

39. State Disability Insurance As An Employee Paid Benefit

39.1.1. To the extent permitted by the State of California, the City agrees, as a 'fully employee-paid'

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benefit and handled as an authorized employee payroll deduction, to enroll qualified employees subject to this Memorandum of Understanding into the State Disability Insurance (SDI) program.

39.1.2. To facilitate a coordination of benefits with regard to the use of authorized sick leave accruals used by an employee during such period(s) of time when such employee is drawing disability insurance benefits relating to paragraph (a) the City shall, upon actual enrollment in the SDI program and after meeting and conferring with the Union adopt a schedule of sick leave reinstatement for SDI funds received from an employee.

39.1.3. In no event shall an employee, during absence from work for an illness or disability where SDI benefits are paid, earn an amount of compensation greater than the straight-time wages regularly payable if the employee had actually worked.

40. Health Insurance After Retirement from City Service- VEBA

40.1.1. All employees covered by this collective bargaining agreement are required to participate in this VEBA plan in accordance with the affirmative vote of the membership.

40.1.2. All participants in this VEBA plan are required to contribute at retirement the following:

40.1.3. Payout of fifty percent (50%) of unused sick leave or six-hundred (600) hours, whichever is less for those employees who have completed twenty (20) or more years or City service as a full-time employee, or payout of fifty percent 50% of unused sick leave or four-hundred and eighty (480) hours, whichever is less, to all other employees.

40.1.4. Participants will pay participant fees (current $7.50/month) and one-tenth percent (.1%) of the individual account balance annually, paid quarterly.

41. Safety

41.1.1. Observance of Safety Rules and Regulations

41.1.2. Both the City and the Union shall expend every effort to ensure that work is performed with a maximum degree of safety, consistent with the requirement to conduct efficient operations.

41.1.3. Each employee covered by this memorandum agrees to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted.

Employees further agree they will report all accidents and safety hazards to the appropriate management official immediately. Any employee having knowledge of or who is a witness to an accident shall, if requested, give full and truthful testimony as to same.

41.1.4. Safety Equipment

41.1.5. The City shall continue to supply employees with safety equipment required by the City and/or Cal/OSHA. All employees shall use City supplied safety equipment only for the purposes and uses specified under applicable safety rules and regulations.

41.1.6. Special Purpose Footwear

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41.1.7. Special purpose footwear, required by the city, shall be worn during all hours worked.

41.1.8. Such special purpose footwear, in a basic style determined by the City and from a source designated by the City, will be provided on an "as needed" basis. Repair or replacement shall be at the option of the City.

41.1.9. An employee, upon request, may be provided with a style approved by the city which is greater in cost than the basic style, however, the employee shall be responsible to pay the additional costs incurred. In adopting or changing the basic style for special purpose footwear, consideration will be given by the City to current practices.

41.1.10. Safety Program

41.1.11. The City shall establish a safety committee and the Union shall have a minimum of two employee representatives on the committee.

42. Discipline

42.1.1. The City may discharge, suspend, demote, reduce pay or otherwise discipline any employee for cause. No employee shall be discharged unless a Letter of Reprimand shall previously have been given to such employee regarding the employee's work or conduct, except that no such prior warning notice shall be required if the cause for the employee's discharge is dishonesty, insubordination, use of illicit drugs, use of alcoholic beverages related to employment, or failure to perform work as required.

42.1.2. In cases where a prior Letter of Reprimand is required prior to discharge, such discharge shall not necessarily have to be based on the same type of misconduct as that which gave cause for the prior Letter of Reprimand. Any discharged, suspended, or demoted employee shall be furnished the reasons for such action in writing with a copy of such letter furnished to the Union. In the event an employee feels that the discharge, suspension or demotion is unjust, the Union shall have the right to appeal the case through the grievance procedure within five working days from the date the employee was notified of such action.

42.1.3. Probationary employees may be discharged in accordance with Section 14 of this Memorandum of Understanding. Such discharge shall not be subject to the grievance procedure.

42.1.4. Letters of Reprimand Not Subject to Grievance Procedure

42.1.5. Notwithstanding any other provision of this Memorandum of Understanding, a Letter of Reprimand issued by the City to any employee shall be handled only in accordance with the provisions of this Section, and shall not be subject to the grievance procedure as provided in Section 41.

42.1.6. The employee shall have thirty (30) days within which to file a written response. Such written response shall be attached to, and shall accompany the Letter of Reprimand.

42.1.7. A Letter of Reprimand, shall be purged from the employee's work record after retention for a period of twenty-four (24) months. This provision shall include removal of Letters of Reprimand issued prior to December 1, 1986.

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42.1.8. Within ten (10) calendar days after receipt of a Letter of Reprimand, the employee may, in writing, appeal such to the City Manager for administrative review. The City Manager shall, after affording the employee the opportunity to personally meet with the City Manager, consider the basis for issuance and such written and/or oral objections presented by the employee. Thereafter, the City Manager shall either affirm, rescind, or otherwise modify the disciplinary action.

42.1.9. In the event a Letter of Reprimand, issued subject to this section, is subsequently used to evidence that progressive disciplinary action has been considered in determining the extent of a more severe disciplinary action such letter(s), with any employee response attached thereto as provided in Subsection 39.4.3 of this section, shall be submitted on appeal to the reviewing authority for such consideration as the reviewing authority deems appropriate.

42.1.10. Pre-disciplinary Hearings

42.1.11. No regular employee shall be demoted, suspended, discharged, or be subjected to a pay reduction for a disciplinary purpose except in accordance with the provisions of this section; provided, however, that this section shall not apply to suspensions of five (5) days or less.

42.1.12. Whenever the City Manager proposes to demote, suspend, or discharge a regular employee in a case in which this section is applicable, the City Manager shall conduct an informal hearing at which the employee shall have the right to respond to the charges. The City Manager shall provide the employee with written notice of the hearing not less than five days prior thereto. The notice shall state the nature of the proposed disciplinary action and the reasons therefore. The notice shall also include a copy of the charges and materials upon which the proposed action is based.

42.1.13. At the hearing, the employee shall have the right to present an oral or written response to the proposed action. Thereafter, the City Manager shall determine, based upon such response and the materials upon which the proposed action was based, whether to impose the action initially imposed, lesser action, or to take no action. The City Manager shall promptly notify the employee in writing of such decision.

42.1.14. If, prior to the hearing, the employee presents to the City Manager a written request that the City Manager be disqualified from conducting the hearing, the City Manager shall assign a designee having no supervisory control over the employee to conduct the hearing. At the conclusion of the hearing, the hearing officer shall recommend to the City Manager the disciplinary action to be taken, if any, and the City Manager shall make a determination which need not be the same as the recommendation and promptly notify the employee in writing of such decision.

43. Suspension

43.1.1. Suspensions without Pay

43.1.2. An employee in a classification of employment set forth Appendix A hereto may be suspended without pay for a disciplinary purpose.

43.1.3. A department head shall have the power to suspend a subordinate employee without pay for not more than five work days. The department head shall immediately notify the City Manager

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of the suspension in writing. The City Manager shall have the power to uphold, rescind, reduce, or otherwise modify the disciplinary action.

43.1.4. The City Manager shall have the power to suspend a subordinate employee for an amount of time the City Manager deems appropriate.

43.1.5. It is the intent of this section to allocate to the depa1iment bead the power to impose minor suspensions without the approval of the City Manager, but with immediate notice to the Manager, to enable the department head to take immediate action to remedy employee misconduct which may pose an m1mediate threat to the health, safety, or welfare of other employees or to the public at large.

43.1.6. Administrative Leave with Pay

43.1.7. The City Manager, a department head or immediate supervisor shall have the power to place a subordinate employee on Administrative Leave With Pay status under the following circumstances:

43.1.7.1.1 When under investigation of a matter in which the employee may be involved which may lead to disciplinary action against the employee; or,

43.1.7.1.2 Pending consideration of possible disciplinary action against the employee; or

43.1.7.1.3 Where the employee's continued presence would, in the judgment of the City, jeopardize the health or safety of the employee or others.

43.1.8. An immediate supervisor placing an employee on such leave shall immediately notify the appropriate department head, who in turn shall immediately notify the City Manager. The City Manager has the power to rescind, extend or otherwise modify the employee's status.

44. Grievance Procedure

44.1.1. Definition. A grievance shall be defined as any dispute which involves the interpretation of any provision of this Memorandum of Understanding during its term, or any provision of the Personnel Rules, or any applicable written departmental rules, excluding all ordinances, resolutions, rules and regulations, the subject of which is not specifically covered by the provisions of this Memorandum of Understanding. Such excluded ordinances, resolutions, rules and regulations shall not be subject to the grievance procedure set forth in this section.

44.1.2. Initial presentation. The initial (first level) presentation of a grievance shall be to the immediate supervisor of the employee claiming to have a grievance. The grievance may be either oral or in writing. If made in writing, the grievance shall comply with the requirement of Subsection

41.3 for a formally presented grievance.

44.1.3. Formal presentation. The formal presentation of a grievance shall be written and shall state which provision of this Memorandum of Understanding has been misapplied to the employee's detriment, and shall indicate the redress sought. The grievance shall be signed by the individual or Union presenting the grievance. In the event more than one individual is alleged to be aggrieved, the grievance may be signed by a duly authorized representative of the Union, in which case the grievance shall indicate the names of the persons on whose behalf it is filed. In the event the person to whom the grievance is presented determines that

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the grievance is defective on its face, that person shall reply in writing to the filer within twelve (12) days after receiving the grievance, indicating in writing the specific defects. The reply shall specify that the grievant has twelve (12) days to correct the defects or the grievance shall be deemed to be withdrawn. If the grievance is not corrected within said twelve (12)-day period, it shall be deemed to have been withdrawn.

44.1.4. Time limits. A grievance shall be filed within fifteen (15) days of the incident or occurrence about which the employee claims to have a grievance. The grievance may be filed no later than thirty (30) days following such incident or occurrence if the employee can show that within fifteen (15) days of the occurrence the employee did not have actual knowledge of the occurrence or had no reason to know of it.

44.1.5. Representation. The grievant shall have the right at all steps of the grievance procedure to be represented by a person or organization of the grievant's own choosing; provided, however, that if the grievant is not represented by the Union, the grievant shall present to the City a written waiver of the right to be represented by the Union and shall, in writing, hold the Union harmless from any liability arising from the lack of Union representation.

44.1.6. Effect of a grievance. The making or filing of a grievance shall not prevent the City or any authorized employee of the City from taking action deemed appropriate, nor shall it have the effect of suspending action previously taken even though the action may involve or be part of the subject matter of the grievance.

44.1.7. The fact that a probationary employee has filed a grievance or has authorized the Union to file a grievance shall not be taken into account in any evaluation of that employee's work performance. The failure of an individual to file a grievance in a particular situation does not of itself establish a past practice.

44.1.8. Disciplinary matters. In the event an employee feels that a discharge, suspension, or demotion is unjust, the employee shall have the right to appeal the case through the grievance procedure by filing a grievance through the City Manager within twelve (12) days from the date the employee was notified of the action.

44.1.9. Untimely appeals shall not be entertained under the grievance procedure; provided, however, that the City Manager shall have sole discretion to allow the filing of an appeal of a disciplinary action within thirty (30) days from the date the employee was notified of the action if the City Manager determines that the failure of the employee or the employee's representative to file the appeal within the normal twelve (12)-day period was the result of excusable neglect or inadvertence.

44.1.10. Upon the timely filing of a grievance, the provisions of Subsections 41.18 through 41.26, inclusive, shall apply. The discharge of probationary employees shall not be subject to the grievance procedure.

44.1.11. The decision of the arbitrator on a disciplinary matter grievance shall be final and binding upon the parties, except as provided in this paragraph. The arbitrator shall not substitute their discretion for that of the City, and the City's decision or penalty will be upheld unless there has been a clear abuse of discretion on the part of the City.

44.1.12. Days. The time limits provided herein refer to calendar days.

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44.1.13. Waiver of time limits. The time limits provided herein may be waived by the mutual consent of the parties.

44.1.14. Department head. A grievance which is not settled at the first level may, within 12 days of the decision of the supervisor, be appealed in writing to the department head. If so appealed, the grievance, unless previously formally presented, shall be presented as provided in Subsection

41.3. The department head shall render a decision and comments in writing and return them to the employee within twelve (12) days after receipt of the formal grievance.

44.1.15. Power of immediate supervisors and department heads in resolving grievances. In the resolution or decision of a grievance, no immediate supervisor or department head shall modify any procedure or rule within the department unless and until such supervisor or department head shall have received the written approval of the City Manager. However, the immediate supervisor and department head may interpret and apply existing procedures or rules.

44.1.16. City Manager. A grievance which is not settled at the department head level may be appealed in writing to the City Manager within twelve (12) days of the decision of the department head.

Within twelve (12) days after receipt of the. appeal, the City Manager shall set a date, which is not more than twelve (12) days from the date of receipt of the appeal, to meet with the grievant and with other appropriate persons to attempt to resolve the grievance. If a solution is not agreed upon, the City Manager shall render a decision within twelve (12) days of the meeting.

44.1.17. While a grievance appeal is pending before the City Manager, the parties, by mutual agreement, may request mediation. If the parties are unable to agree upon the mediator, they shall request the California State Mediation Service or a suitable alternate to provide a mediator. Costs of mediation shall be divided one-half to the City and one-half to the employee. The mediator or mediating agency shall make no public recommendations, nor take any public position concerning the issues, but shall work directly with the parties involved.

44.1.18. Determination by arbitrator or adjustment board. A grievance that is not settled by the City Manager may be appealed in writing for final determination. The written notice of appeal must be filed with the City Manager within twelve (12) days of the date of the City Manager's written decision.

44.1.19. If the grievance is of a disciplinary action consisting of a suspension of less than 30 days or another action where there is no discharge, demotion, or reduction in pay, the grievance shall be submitted to an adjustment board comprised of two (2) employee representatives and two (2) representatives of the City.

44.1.20. No decision of the adjustment board shall be final and binding without receiving the affirmative votes of at least three (3) members. The parties may mutually agree to submit other types of grievances to the adjustment board.

44.1.21. If the grievance is of a disciplinary action consisting of a discharge, a suspension of thirty (30) days or more, a demotion, or a reduction in pay, or a dispute which involves the interpretation or application of any provision of this Memorandum of Understanding, any provision of the Personnel Rules, or written departmental rules, or a dispute which bas been submitted to an adjustment board and the board has been unable to arrive at a majority

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decision, the grievance shall be submitted to an arbitrator.

44.1.22. Selection of arbitrator or adjustment board. Within twelve (12) days after the filing of the appeal the City Manager and the grievant shall meet or otherwise communicate to select an adjustment board or mutually acceptable arbitrator, as the case may be, who agree to serve.

Where the matter is to go to arbitration, if the parties cannot agree, a list of five (5) arbitrators will be obtained from the California State Conciliation Service, American Arbitration Association, or some other source mutually agreed upon. If the parties cannot agree on one of the names on the list, each party (beginning by lot) shall alternately strike one name from the list until one name remains, who shall he the arbitrator if that person agrees to serve. If that person will not serve, the process shall he repeated until an arbitrator is found.

44.1.23. Decision. The decision of the arbitrator shall be in writing and shall set forth the findings of fact and conclusions on the issues. It shall be submitted to the City Manager and the grievant and shall be final and binding upon the parties.

44.1.24. Changes in Memorandum of Understanding not arbitrable. Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable, and no proposal to modify, amend, or terminate this Memorandum of Understanding, nor any subject matter arising out of or in connection with such proposal, may be referred to arbitration under this section. Neither any adjustment board nor arbitrator shall have the power to modify this Memorandum of Understanding or written agreements or addenda supplementary thereto, or to establish any new terms and conditions of employment.

44.1.25. Limitation. No adjustment board or arbitrator shall entertain, hear, decide, or make recommendations on any dispute, unless such dispute falls within the definition of a grievance, as set forth in Subsection 41.1 above.

44.1.26. Costs. The fees of the arbitrator (including any per diem expenses, travel and subsistence expenses), the cost of any hearing room, and the cost of preparing the transcript of the hearing, if any, for the arbitrator shall be borne one-half by the City and one-half by the grievant. All other costs and expenses shall be borne by the party incurring them.

44.1.27. Exclusiveness of Remedy. The grievance procedure shall be the exclusive remedy for matters which are grievable thereunder.

45. Loss of Driver's License

45.1.1. An employee whose driver's license is suspended, revoked, or becomes invalid, which prevents the employee from operating a vehicle during the course of the employee's duties for a period of six (6) months or less, shall be subject to a salary reduction of five percent (5%) during the period of such suspension, revocation, or invalidity.

45.1.2. If the license revocation, suspension, or invalidity significantly prevents the employee from performing a predominant amount of the employee's duties, the City Manager may suspend the salary and benefits of the employee for the duration of the license suspension, revocation or invalidity. Alternatively, the City Manager may assign such employee to the duties of another classification if the employee is qualified to perform such duties for the duration of the license suspension, revocation, or invalidity. The salary of such employee may be adjusted to the step in the range of the classification to which the employee is reassigned which most

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closely approximates a five percent (5%) loss of salary.

45.1.3. If the loss of such driver's license is attributable to the use of alcohol or drugs, the employee shall agree to and shall faithfully participate in a counseling and rehabilitation program agreed to by the City to correct the problem, if requested to do so by the City Manager. Failure to agree and to faithfully pa11icipate in such a program shall be cause for dismissal.

45.1.4. Any suspension, revocation, or invalidity of the driver's license of an employee for a period of more than six (6) months so as to prevent the employee from operating a vehicle during the course of the employee's duties, or any failure of an employee to notify the City of any suspension, revocation, or invalidity of the employee's driver's license, regardless of duration, shall be cause for dismissal. This does not limit the City from taking any other disciplinary action if otherwise justified.

46. Disaster Responsibility

46.1.1. When a significant disaster, as defined by the City Manager, occurs in San Bruno, employees in classifications set forth in Appendix A of this Memorandum of Understanding shall report to their work stations for duty; provided, however, where a nah1ral or other disaster is of such magnih1de that a reasonable person would think to respond, no notification is necessary and the employee, upon actual knowledge thereof, shall report to work accordingly.

47. Carry Out of Assignments

47.1.1. Employees shall carry out all lawful instructions issued by their supervisor regarding work assignments. If there are any complaints in regard to the work assignment, the employee may exercise the right to use the grievance procedure after the instruction has been carried out.

48. No Strike/Job Action Response

48.1.1. Participation in any job action, as defined in Section 23.9 of this Memorandum of Understanding by an employee pertaining to employment with the City of San Bruno shall constitute an automatic resignation from the position, which position shall be deemed for all purposes to be vacant.

48.1.2. The City will make reasonable efforts to avoid obtaining materials, supplies, or equipment from businesses within the City that are the subject of a job action if there are reasonable alternative sources within the cities of Millbrae, San Bruno, or South San Francisco. This will not apply to materials, supplies or equipment which the City is legally required to obtain from a particular source due to competitive bidding requirements or other contractual obligations. In the event that such items are to be picked up at a place of business which is the subject of a job action, the City shall refrain from the use of bargaining unit employees to obtain them if other alternatives are reasonably available. In times of emergency this paragraph will not be applicable. For purposes of this paragraph, "emergency" is defined as an immediate threat to life and property. The Union shall be notified when the "emergency" exception is to be invoked.

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49. Part-time Employees

49.1.1. Employees occupying permanent part-time positions shall work such hours and schedules as prescribed by the appointing authority.

49.1.2. Permanent part-time employees assigned to allocated positions shall be entitled to sick leave, family sick leave, and family medical leave pursuant to state and federal laws, bereavement leave; and industrial disability leave and vacation leave in propo1tion to the number of hours of the work week such employee bears to the number of hours of regular work week for employees occupying full-time positions.

49.1.3. Permanent part-time employees assigned to allocated positions shall be entitled to holiday pay and accrual of personal leave as outlined in Section 29 in proportion to the number of hours their regularly assigned work week bears to the number of hours of the regular work week for employees occupying full-time positions.

49.1.4. Permanent part-time employees assigned to allocated positions who are employed for more than one-thousand and forty (1040) hours and not less than six (6) months in any twelve (12)- month period shall be eligible to participate in the Life Insurance Group Policy.

49.1.5. Permanent part-time employees shall be entitled to medical insurance in accordance with the provisions of Section 32.1 of this Memorandum of Understanding.

49.1.6. All permanent part-time employees in this bargaining unit are included in the City's PERS retirement program for miscellaneous employees.

50. Attendance

50.1.1. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be cause for immediate discharge, and such employee automatically waives all rights under the Personnel Ordinance, Rules and Regulations, and this Memorandum of Understanding. Notice shall consist of a letter by registered mail delivered to the last known address of the employee. In evaluating whether to discharge an employee for failure to return to duty, the City Manager may consider whether there were extenuating circumstances which prevented the employee from returning to duty within the time required.

51. Tuition and Certification Reimbursement Program

51.1.1. The City will reimburse the employee for the cost of books and tuition at accredited public educational institutions. Upon approval of the employee's department head, the City will also reimburse the cost of tuition and materials for the employee to attend an accredited certification program appropriate to the employee's work. If the course is at a private institution, the approval of the City Manager is required, and the City reserves the right to reimburse only a portion of the tuition. The institution may be located in the State of California, or another institution that allows for remote or asynchronous learning.

51.1.2. Tuition Reimbursement will be capped at the equivalent to the part time tuition rate (6 units or less) at San Francisco State University (SFSU) for the appropriate class of enrollment

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(undergraduate or graduate).

51.1.3. The courses of instruction taken by the employee must be job-related or taken in pursuit of a degree and the employee must have obtained the prior approval of the depa11ment head and the City Manager, if appropriate, prior to taking the course in order to be entitled to reimbursement.

51.1.4. The employee must receive a passing grade in order to receive reimbursement and must be employed by the City at the start of the eligible course(s).

51.1.5. Reimbursement will be made upon submission to the City of written evidence that the employee obtained a passing grade in the approved course and reimbursement will be subject to appropriate IRS regulations.

52. Past Practices and Existing Memorandum of Understanding

52.1.1. Continuance of working conditions and practices not specifically provided herein or authorized by ordinance or resolution of the City Council shall not be guaranteed by this Memorandum of Understanding.

52.1.2. Specific provisions of this Memorandum of Understanding shall supersede all existing and prior memoranda of understanding between City and the Union, personnel rules, regulations, resolutions, and ordinances on the same subject.

52.1.3. As to any subject matter which is not covered in this Memorandum of Understanding, the Personnel Rules and Regulations, City ordinances, and City resolutions shall be applicable.

53. Negotiable Benefits

53.1.1. The inclusion of certain benefits in this Memorandum of Understanding shall not preclude the City and the Union from meeting and conferring and agreement upon other or substituted benefits in subsequent memoranda of understanding.

54. Severability of Provisions

54.1.1. Should any section, clause, or provision of this Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provisions shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding.

54.1.2. In the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for the provisions rendered or declared illegal.

55. New Work

55.1.1. In the event that the City introduces new work which the union believes does not fall within

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any of the existing classifications, the City and the Union shall, upon written request, meet and confer with respect to the assignment or classification of such work.

56. Fitness Benefit

56.1.1. The City agrees to provide, as an employer-paid benefit, membership to the City's Recreation Center fitness facility for each member of the bargaining unit desiring the same.

57. Work Uniforms

57.1.1. In recognition that employees are required to wear City adopted work uniforms during the performance of City work, the City shall issue to an employee in the classifications of Mechanic I/ll, Maintenance Worker I/II, Parks Maintenance Technician I/II, CATV Technician I/II/III, Pump Mechanic 1/Il Water Quality Technician 1/11 shall receive a one­ time basic issue of four (4) sets of coveralls, or, at the option of the employee, the cost equivalent thereof in a combination of coveralls, pants, shi1ts, T-shirts, and jackets and appropriate uniform(s).

Issued clothing shall be replaced by the City as required in the judgment of the department head.

57.1.2. The City will provide cleaning services for City-provided work uniforms.

58. Bargaining Unit Assignment Clarification

58.1.1. The positions of Facilities Technician I and Facilities Technician II shall be in this bargaining unit.

58.1.2. The positions of Code Enforcement Officer I, Code Enforcement Officer U, and Senior Code Enforcement Officer have been moved to the Teamsters 856 Police bargaining unit.

59. Term

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, 20262, through December 31, 20284, 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, hours, and conditions of employment of the employees in classifications covered by this Memorandum of Understanding.

59.1.2. In the event the parties to this Memorandum of Understanding fail to successfully negotiate a Memorandum of Understanding to succeed this one, and either party declares an impasse, the parties shall proceed to mediation pursuant to Resolution 1970-20, as amended and if that procedure does not resolve the dispute, the parties shall, within 30 days thereafter, proceed to advisory fact-finding through the use of a three (3) member panel consisting of one (1) member selected by the Union, one (1) member selected by the City and a third member selected by the first two members from a list provided by the State Mediation and

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Conciliation Service. Authorized costs, if any, associated with the third party's participation shall be borne equally by the Union and the City. The results of such advisory fact-finding shall be kept confidential unless otherwise mutually agreed upon between the Union and the City.

59.1.3. If the parties are unable to reach agreement after the conclusion of such fact-finding, the Union shall not be precluded from conducting informational picketing on City premises in accordance with State and Federal laws, provided the Union, its officers, and representatives shall not prevent any City employee from reporting to work.

59.1.4. This Memorandum of Understanding is a compilation of the previous Memorandum of Understanding, with modifications negotiated by and between the parties, and thereafter approved pursuant to San Bruno City Council Resolution Nos. 2022-60.

For the City of San Bruno For the Miscellaneous Employee Unit, represented by Teamsters Local 856

Jovan D. GroganAlex McIntyre, City
Manager

Peter Finn, Secretary-Treasurer, Teamsters
856

Date

Date

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60. Appendix A: Represented Classifications and Salary Ranges

Effective first full pay period in January 2022

CLASSIFICATION Step 1 Step 2 Step 3 Step4 Step 5
ACCOUNTING & CUSTOMER SERVICE REP I 4,705 4,952 5,212 5,486 5,774 ACCOUNTING & CUSTOMER SERVICE REP II 5,409 5,693 5,992 6,307 6,638 ACCOUNTING & CUSTOMER SERVICE REP Ill 6,222 6,549 6,893 7,255 7,636 CATV HEADEND TECHNICIAN 7,191 7,569 7,966 8,384 8,824
CATV TECHNICIAN I 6,162 6,485 6,825 7,183 7,560
CATV TECHNICIAN II 6,347 6,680 7,031 7,400 7,788
CATV TECHNICIAN Ill 6,538 6,881 7,242 7,622 8,022
COMMUNITY DEVELOPMENT TECHNICIAN I 5,517 5,807 6,112 6,433 6,771 COMMUNITY DEVELOPMENT TECHNICIAN II 6,347 6,680 7,031 7,400 7,788 COMPUTER SUPPORT TECHNICIAN 6,319 6,651 7,000 7,368 7,755 CUSTODIAN 5,029 5,293 5,571 5,864 6,172
CUSTODIAN LEAD 5,784 6,088 6,408 6,744 7,098
ENGINEER TECH/PW INSPECTOR 7,240 7,620 8,020 8,441 8,884 EXECUTIVE ASSISTANT 5,945 6,257 6,585 6,931 7,295
FACILITIES TECH I 5,517 5,807 6,112 6,433 6,771
FACILITIES TECH II 6,347 6,680 7,031 7,400 7,788
FOOD SERVICES COORDINATOR 5,824 6,130 6,452 6,791 7,148 LEAD CUSTOMER SERVICE & TECH SUPPORT REP 6,969 7,335 7,720 8,125 8,552 LEAD MAINTENANCE WORKER 6,347 6,680 7,031 7,400 7,788
LEAD WATER SYSTEM OPERATOR- PUMPS 7,402 7,791 8,200 8,631 9,084 LEAD WATER SYSTEMS OPERATOR- FIELD 7,402 7,791 8,200 8,631 9,084 LEAD WATER SYSTEMS OPERATOR-WELLS 7,402 7,791 8,200 8,631 9,084 LIBRARIAN I 5,788 6,092 6,412 6,749 7,103
LIBRARIAN II 6,656 7,005 7,373 7,760 8,167
LIBRARY ASSISTANT I 4,405 4,636 4,879 5,135 5,405
LIBRARY ASSISTANT II 5,066 5,332 5,612 5,907 6,217
LIBRARY SERVICES COORDINATOR 5,824 6,130 6,452 6,791 7,148 MAINTENANCE WORKER I 4,797 5,049 5,314 5,593 5,887
MAINTENANCE WORKER II 5,517 5,807 6,112 6,433 6,771
MECHANIC I 5,517 5,807 6,112 6,433 6,771
MECHANIC II 6,347 6,680 7,031 7,400 7,788
PARKS MAINTENANCE TECHNICIAN I 5,517 5,807 6,112 6,433 6,771 PARKS MAINTENANCE TECHNICIAN II 6,347 6,680 7,031 7,400 7,788 PUMP MECHANIC I 5,517 5,807 6,112 6,433 6,771
PUMP MECHANIC II 6,347 6,680 7,031 7,400 7,788
RECREATION SERVICES COORDINATOR 5,824 6,130 6,452 6,791 7,148 SECRETARY 5,403 5,687 5,986 6,300 6,631
WAREHOUSE CLERK 4,797 5,049 5,314 5,593 5,887
WATER QUALITY TECHNICIAN I 5,517 5,807 6,112 6,433 6,771 WATER QUALITY TECHNICIAN II 6,347 6,680 7,031 7,400 7,788 WATER SYSTEMS OPERATOR I 5,629 5,924 6,235 6,562 6,907
WATER SYSTEMS OPERATOR II 6,437 6,775 7,131 7,505 7,899

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Side Letter Between the City of San Bruno and Teamsters Local 856, IBT – Miscellaneous Unit Regarding a 36-hour Standard Workweek Pilot Program As part of good faith negotiations over the terms of the 2026-2028 memorandum of understanding (the “MOU”) between the City of San Bruno (the “City”) and Teamsters Local 856, IBT (the “Union”) on behalf of the City’s Miscellaneous Unit , the City and the Union agreed to terms on a pilot program for a standard workweek of thirty-six (36) hours with four (4) standard business days of Monday through Thursday for nine (9) hours per day or 1,87 2 hours per year for a full -time schedule. The non-business day of Friday, and hours within a workday, may be adjusted upon request and approval of the City Manager or Department Director. This transition will not impact any benefits associated with, or calculat ed based on, a standard full -time schedule of eight (8) hours per workday, forty (40) hours per workweek, or two thousand eighty (2,080) hours per year.

Sections 20, 21 and 30 of the MOU will be amended as set forth below for the full term of the pilot program.

Workweek and Standard Day
The standard workweek is defined as thirty-six (36) hours with four (4) standard business days of Monday through Thursday for nine (9) hours per day or 1,872 hours per year constituting a full-time schedule. Work programs will be amended at the direction of the City management or designee to adjust the scheduling of work within the standard nine (9) hour workday.

Existing alternative work schedules shall remain in effect consistent with current practice, where service is available outside of the “standard workweek”, limited to the Recreation and Aquatic Center, Senior Center, Parks and Library services. The alternative schedules shall work a 36- hour workweek consisting of four (4) nine-hour days and receive three (3) days off.

Following adoption of the MOU by City Council, an implementation period of sixty (60) to ninety (90) days shall be provided to allow operational plans to be developed as necessary based on service needs. After implementation, the program shall be governed by and subject to all applicable existing provisions of the Agreement, including section 3.1.26 meet-and-confer requirements, and long-term schedule change notice.

Continuation of the 36-hour standard workweek program shall be subject to mutual agreement in a successor agreement. The 36-hour workweek will be recognized as part of the City’s total compensation value during future compensation study processes, at a value of 10% of base wage.

Unless the parties agree to continue the 36-hour workweek as part of a successor agreement, terms in this side letter will revert back to the MOU language that was in effect as of December 31, 2025.

Base Salary
Employees in the Miscellaneous Unit will maintain their annual salary and benefits, however will work one fewer day per standard workweek.

Attachment 1 Exhibit B
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Upon thirty-six hour pilot program discontinuation, employees in the Unit will maintain their annual salary regardless of continuation of this pilot program. ---
Hours of Work Overtime Premium Pay (Section 20)

20.1.1. Hours of Work

20.1.2. The regular workweek for employees occupying full-time positions shall consist of forty thirty-six (4036) hours. One 15-minute rest period each shall be observed during the first half and the second half of each regular workday.

Employees shall also observe a 30-minute unpaid meal break (lunch period) during a standard 9-hour work day, generally at the midpoint of the standard work day.

20.1.3. The standard workweek is defined as thirty-six (36) hours with four (4) standard business days of Monday through Thursday for nine (9) hours per day or 1,872 hours per year constituting a full-time schedule. The non-business day of Friday, and hours within a workday, may be adjusted upon request and approval of the City Manager or Department Director. If there is an existing alternative schedule that requires work outside of the standard workweek, the City Manager, Department Director or designee will modify the workweek to consist of four (4) workdays.

20.1.3 20.1.4. An employee of the library, whose regularly scheduled working hours do not provide for two three (23) consecutive regular days off within a seven (7) day work period shall be paid a five percent (5%) premium to the regular straight-time rate of pay for each hour actually worked on the day which would regularly constitute one of two consecutive days off. If work schedules are modified, and upon request of the union, the parties will meet and confer. This provision does not apply to employees who have an employee requested flexible working schedule.

20.1.4 20.1.5. The City shall provide an employee a minimum of seventy-two (72) hours written notice of a short-term change in the employee's schedule which does not trigger the meet-and-confer requirements of Subsection 3.4.10.

To the extent possible, notice shall be given more than seventy-two (72) hours in advance of such changes to facilitate the employee's adjustment to this disruption in their normal routine.

20.1.5 20.2.1. Overtime

20.1.6 20.2.2. Authorized work performed in excess of forty thirty-six (4036) hours in one week shall constitute overtime. Authorized work performed in excess of eight nine (89) consecutive hours, or those beyond the employee's regularly scheduled hours, whichever is greater, in any one (1) day (exclusive of

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lunch period) shall constitute overtime. Absent extenuating circumstances, all overtime must be approved in advance by a supervisor.

20.1.7 20.2.3. An employee required to work in excess of the regularly scheduled hours of work, as defined in the preceding paragraph, shall be compensated for each overtime hour so worked at the rate of one-and-one-half(l- 1/2) times the employee's regular straight-time rate of pay.

20.1.8 20.2.3. Except in the event of an emergency, an employee who leaves the workplace due to injury or illness shall not be eligible for overtime, call back, or standby pay until the employee's next regularly-scheduled workday.

20.1.9 20.3.1. Call Back

20.1.10 20.3.2. An employee recalled to work outside of and not continuous with an employee's regularly scheduled hours shall be paid a minimum of two (2) hours at the rate of one-and-one-half (1-1/2) times the employee's regular straight-time rate of pay. An employee shall not receive additional two-hour payments for multiple call backs which occur within a single two-hour period.

20.1.11 20.4.1. Stand-by Duty

20.1.12 20.4.2. An employee assigned to be on stand-by to answer calls outside of regularly-scheduled hours shall receive two (2) hours pay at the regular straight-time rate of pay or, at the employee's option, two (2) hours of compensatory time off at the regular straight-time rate, for each sixteen fifteen (1615) hours of stand-by time. (The two regularly assigned operators of sweepers shall not be required to take stand-by.)

20.1.13 20.4.3. In addition to our straight time hour for each eight hours of standby duty, an employee assigned to such stand-by for not less than sixteen fifteen (1615) hours on a holiday shall be entitled to eight (8) straight time hours of pay or compensatory time off.

20.1.14 20.5.1. Stand-by Living Radius

20.1.15 20.5.2. Employees occupying the classifications of Maintenance Worker I/II, Maintenance Technician, and Pump Mechanic I/II shall, for purposes of standby assignment, shall require residency within a 45-minute drive of the City of San Bruno.

20.1.15.1.1 20.5.3. San Francisco - This area shall include all parts of the City and County of San Francisco which are south of Geary Boulevard to the Great Highway.

20.1.15.1.2 20.5.4. San Mateo County- In San Mateo County this shall include all areas south of Hwy 84 from the bay to 1-280, and all areas north of Hwy 92 from 1-280 to the Pacific Ocean.

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20.1.15.1.3 20.5.5. Bisect Cities which are bisected by either highway shall be considered qualified. Individual managers may grant exceptions where they deem that another location outside of these definitions also meets the 45-minute requirement.

20.1.16 20.6.1. Compensatory Overtime

20.1.17 20.6.2. Subject to approval by the department head, an employee may take compensatory time off for overtime worked in lieu of receiving overtime pay therefore. Except as noted in Section 20.4 regarding standby, compensatory overtime shall be calculated at the same rate as overtime pay. No employee may accumulate more than eighty (80) hours compensatory time. ln the event the employee earns comp-time in a pay period that will result in that employee exceeding the eighty (80) hour balance, the additional hours (except those earned as straight-time compensatory time for standby duty) will be paid as overtime pay for that pay period.

20.1.18 20.7.1. Flexible Working Hours

20.1.19 20.7.2. The department head may, at the request of an employee, authorize such employee to work a schedule of forty thirty-six (4036) hours per week where some workweek hours per week are other than between 8:00 AM to 5:00 PM the standard business day, if the department head finds such work schedule is consistent with the operational needs of the department. Approval of a flexible working schedule shall be subject to approval by the department head and City Manager in writing and a copy shall be placed in the employee's personnel file. Initial approval of a flexible work schedule does not entitle or guarantee the employee the right to maintain that flexible work schedule and approval of a flexible work schedule does not limit the rights of management to reassign work hours should the operational needs of the department change on a permanent or temporary basis. To the extent possible, the City agrees to provide notice ten (10) working days in advance of a modification in an employee's previously approved flexible work schedule except for short term modifications or extenuating circumstances.

20.1.20 20.8.1. Weekend Work

20.1.21 20.8.2. Where the seasonal operating needs of a department make it necessary for some employees to work on Friday, Saturday and/or Sunday in lieu of the regular Monday through Friday Thursday workweek, such weekend work assignments shall be made on a rotational basis based on length of service with the City. To the extent possible, the assignment of weekend work shall be scheduled in advance of the work season.

Holidays (Section 21)

21.1.1. Holiday Pay

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21.1.2. Regular full-time employees shall be entitled to observe all authorized holidays at full pay, not to exceed eight hours for any one day, provided they are in a pay status on both their regularly scheduled workdays immediately preceding and following the holiday.

21.1.3 21.2.1. Authorized Holidays

21.1.4 21.2.2 Eleven Ten (10 1) authorized holidays observed by the City:

21.1.4.1.1 21.2.2.1. New Year's Day

21.1.4.1.2 21.2.2.2. Martin Luther King Day

21.1.4.1.3 21.2.2.3. President's Day

21.1.4.1.4 21.2.2.4. Memorial Day

21.1.4.1.5 21.2.2.5. Independence Day

21.1.4.1.6 21.2.2.6. Labor Day

21.1.4.1.7 21.2.2.7. Veterans Day

21.1.4.1.8 21.2.2.8. Thanksgiving Day

21.1.4.1.9 Day after Thanksgiving Day

21.1.4.1.10 21.2.2.9. Day before Christmas Day

21.1.4.1.11 21.2.2.10. Christmas Day
Holidays (Section 30)

30.1.1. Each employee of this bargaining unit shall have a Personal Leave Bank. The bank shall be maintained by the Finance Department and reported to the employee by means of a payroll stub entry.

30.1.2. New employees shall begin with a balance of zero (0). Each year on the employee's birthday, the employee's leave bank shall be credited with eight (8) hours of personal leave. The leave bank shall also be credited with eight (8) hours of personal leave each year on February 12, and September 9 and the day after Thanksgiving Day, in recognition of prior holidays for Lincoln's Birthday and Admission Day, respectively.

Similarly, on Good Friday each year the employee's leave bank shall be credited with four (4) hours of personal leave.
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All other provisions of the MOU shall remain unchanged unless otherwise negotiated by the Parties.

Dated:______________________________ Dated:______________________________ By:_________________________________
For the City of San Bruno
By:_________________________________
For Teamsters 856, IBT

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 24, 2026
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 the Tentative Agreement Between the City of San Bruno and Teamsters Local 350, IBT Mid- Management Unit for the Term January 1, 2026 through December 31, 2028, and Authorizing Execution by the City Manager
BACKGROUND:

The existing Memorandum of Understanding between the City of San Bruno and Teamsters Local 350, IBT Mid-Management Unit (MM) expired on December 31, 2025. Representatives of both the City of San Bruno and the Misc bargaining unit have met and negotiated in good faith several times since October 2025, regarding their respective successor Memorandum of Understanding (MOU) agreement.

DISCUSSION:

Through negotiations, the parties have agreed to amendments to the several MOU provisions, and as listed in the attached Tentative Agreement (TA). All other terms and provisions of the MOUs remain unchanged.

The City was notified by the Union on February 18, 2026 that the TA was ratified by its members, with a positive vote. The highlights of the TA are as follows:

Term
A three-year term beginning January 1, 2026 through December 31, 2028.

Salaries
A wage adjustment each year of the three-year agreement:
 4.0% effective the first full pay period in January 2026  4.5% effective the first full pay period in January 2027  5.0% effective the first full pay period in January 2028 There are also market adjustments effective the first full pay period of each respective calendar year in equal parts for the term of the contract. The detailed market adjustments are attached to this report in Exhibit A, page 43.
36-hour workweek pilot program
Transition to a standard workweek of 36 hours over four nine-hour workdays (Monday through 92 of 258
Item 6g.

Honorable Mayor and Members of the City Council
February 24, 2026

Thursday) with no reduction in annual salary, resulting in a full-time schedule consisting of 1,872 hours per year. The agreement includes the anticipated transition period to consist of a 60-to- 90-day window for implementation of operations, including the development of a communication plan to the general public. Continuation of the pilot as part of a successor contract is subject to agreement of the parties. This pilot program is consistent with the Miscellaneous Unit.

Health plan
Beginning January 1, 2026 the City maintains the current benefit structure of the City shall pay 75% and the employee shall pay 25% of health and welfare benefit premium increase over the prior plan year, for the term of the contract.

Non-economic proposals
Language updates were made to the following sections, which do not result in economic change:
Bereavement leave- Makes language consistent with current law. Management leave- Reasserts existing language in the agreement, and update job descriptions accordingly to comply with MOU.
Educational Reimbursement Plan- Aligns with other bargaining units within the City. Personal vehicle use reimbursement- Aligns to IRS regulations.

FISCAL IMPACT:

The economic impact of this agreement exceeds the City’s forecast budget of 4% annual wage growth. An additional $0.04 million is needed for fiscal year 2025-26 which is expected to be funded through salary savings (vacancies). An anticipated $0.15 million for 2026-27, and $0.32 million for 2028-29, will be incorporated into the regular operating budget process, for those respective years.

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:

Consider Adoption of a Resolution Approving the Tentative Agreement Between the City of San Bruno and Teamsters IBT Local 350 Mid-Management Unit for the Term January 1, 2026 through December 31, 2028, and Authorizing Execution by the City Manager.

ALTERNATIVES:

1. Direct staff to continue negotiations with the bargaining groups.

2. Request staff to bring back additional information for further consideration.

ATTACHMENTS:

1. Resolution with Exhibit A - Red-lined version of the MOU, with changes incorporated, and Exhibit B – 36-Hour workweek pilot program side letter

2. Tentative agreements signed by both parties

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1 3
6 0
2 RESOLUTION NO. 2026 - ___

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

TENTATIVE AGREEMENT BETWEEN THE CITY OF SAN BRUNO AND TEAMSTERS LOCAL 350, IBT MID-MANAGEMENT UNIT FOR THE TERM JANUARY 1, 2026 THROUGH DECEMBER 31, 2028 AND AUTHORIZING EXECUTION BY THE CITY MANAGER WHEREAS, Representatives from both the City of San Bruno and Teamsters Local 350 IBT Mid-Management Unit (MM) have met and negotiated in good faith; and WHEREAS, as a result of those negotiations, an agreement has been reached regarding changes to the terms and conditions of employment for the MM Unit’s Memorandum of Understanding (MOU) for the period from January 1, 2026 to December 31, 2028; and WHEREAS, both parties have agreed to the tentative agreements as listed in Exhibit A; and
WHEREAS, both parties have agreed to amend MOU as listed in Exhibit A and Exhibit B, and all other terms and provisions of the MOU remain unchanged; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Bruno that it hereby approves the agreement between the City of San Bruno and Teamsters Local 350 IBT, Mid-Management Unit for the term January 1, 2026 through December 31, 2028, for execution by the City Manager, attached hereto as Exhibit A and Exhibit B, and incorporated herein by reference; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute on behalf of the City of San Bruno the attached MOU, 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 MM Unit.

Exhibit A: Track change (redlined) version of the successor Memorandum of Understanding between: City of San Bruno and Teamsters Local 350 IBT, Mid-Management Unit.

Exhibit B: 36-Hour workweek pilot program side letter: City of San Bruno and Teamsters Local 350 IBT, Mid-Management Unit.
---oOo---
I hereby certify that foregoing Resolution No. 2026- __ was introduced and adopted by the San Bruno City Council at a regular meeting on February 24, 2026, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_____________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
2 3
6 0
2 EXHIBIT A
Track change (redlined) version of the successor Memorandum of Understanding between City of San Bruno
and
Teamsters Local 350 IBT, Mid-Management Unit
[see attached]

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3 3
6 0
2 EXHIBIT B
36-Hour workweek pilot program side letter between
City of San Bruno
and
Teamsters Local 350 IBT, Mid-Management Unit
[see attached]

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MEMORANDUM OF UNDERSTANDING
Teamsters Local 350, IBT

MID-MANAGEMENT
January 1, 20262 -December 31, 20285
Attachment 1 Exhibit A
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1. Recognition ................................ ................................ ................................ ........................ 4

2. Union Security ................................ ................................ ................................ .................... 4

3. City Rights ................................ ................................ ................................ .......................... 6

4. No Discrimination ................................ ................................ ................................ ............... 7

5. Employee Access to Representation and Records ................................ ............................. 7

6. Salary Plan ................................ ................................ ................................ .......................... 8

7. Filling of Vacancies ................................ ................................ ................................ ........... 13

8. Examinations ................................ ................................ ................................ .......................1

9. Appointments ................................ ................................ ................................ .................... 16

10. Probation Period ................................ ................................ ................................ ................ 17

11. Promotion ................................ ................................ ................................ .......................... 18

12. Employment Lists ................................ ................................ ................................ .............. 19

13. Layoff and Reemployment. ................................ ................................ ................................ 19

14. Resignation and Reinstatement ................................ ................................ ......................... 20

15. Overtime and Premium Pay ................................ ................................ ............................... 21

16. Call Back ................................ ................................ ................................ ........................... 21

17. Stand-By Duty ................................ ................................ ................................ ................... 21

18. Stand-by Living Radius ................................ ................................ ................................ ...... 21

19. Compensatory Time Off ................................ ................................ ................................ ..... 22

20. Weekend Work ................................ ................................ ................................ .................. 22

21. Work Performed on a Holiday ................................ ................................ ............................ 22

22. Holidays................................ ................................ ................................ ............................. 22

23. Sick Leave ................................ ................................ ................................ ......................... 24

24. Leave of Absence ................................ ................................ ................................ .............. 26

25. Bereavement Leave................................ ................................ ................................ ........... 26

26. Management Leave ................................ ................................ ................................ ........... 26

27. Vacation ................................ ................................ ................................ ............................ 27

28. Military Leave ................................ ................................ ................................ .................... 27

29. Industrial Disability Leave ................................ ................................ ................................ .. 28

30. Jury Duty Leave, Leave for Court Appearances ................................ ................................ . 28

31. Catastrophic Leave ................................ ................................ ................................ ............ 28

32. State Disability Insurance ................................ ................................ ................................ .. 29

33. Health and Welfare ................................ ................................ ................................ ............ 29

34. Life Insurance ................................ ................................ ................................ .................... 30

35. Long Term Disability ................................ ................................ ................................ .......... 30

36. Retirement ................................ ................................ ................................ ......................... 31

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37. Deferred Compensation ................................ ................................ ................................ ..... 31

38. Health Insurance After Retirement from City Service ................................ ......................... 31

39. Flexible Benefits Programs ................................ ................................ ................................ 31

40. VEBA ................................ ................................ ................................ ................................ . 31

41. Employee Development Incentives ................................ ................................ .................... 32

42. Miscellaneous Employee Benefits ................................ ................................ ..................... 32

43. Personal Vehicle Use Reimbursement ................................ ................................ .............. 33

44. Flexible Work Schedules ................................ ................................ ................................ ... 33

45. State Disability Insurance As An Employee Paid Benefit ................................ ................... 33

46. OSHA ................................ ................................ ................................ ................................ 34

47. Discipline ................................ ................................ ................................ ........................... 34

48. Suspension ................................ ................................ ................................ ........................ 35

49. Grievances ................................ ................................ ................................ ........................ 36

50. Loss of Driver's License ................................ ................................ ................................ ..... 39

51. No Strike ................................ ................................ ................................ ............................ 39

52. Carry Out of Assignments ................................ ................................ ................................ .. 39

53. Attendance ................................ ................................ ................................ ........................ 40

54. Past Practices and Existing Memorandum of Understanding ................................ ............. 40

55. Negotiable Benefits ................................ ................................ ................................ ........... 40

56. Severability of Provisions ................................ ................................ ................................ ... 40

57. Enforcement of Rules ................................ ................................ ................................ ........ 40

58. Term ................................ ................................ ................................ ................................ .. 41

59. Appendix A: Represented Classifications and Salary Ranges ................................ ........... 41

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MEMORANDUM OF UNDERSTANDING (MOU)
January 1, 2022 through December 31, 2025

San Bruno Teamsters Public Employees Division Local 350 (hereinafter "bargaining unit") and representatives of City of San Bruno (hereinafter "City") have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment of employees in the representation unit listed in Section I, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.) and has been jointly prepared by the parties.

1. Recognition

1.1. Bargaining unit is recognized as the majority representative as provided in the City's Employer-Employee Relations Resolution No. 1970-20, adopted March 23, 1970, for all employees assigned to the classifications set forth in Appendix A, which is attached and made a part hereof; provided, however, that the foregoing shall be inapplicable in the event such recognition is revoked pursuant to said resolution, or in the event such recognition is revoked pursuant to Section 52 of this Memorandum of Understanding, or for employees who have timely exercised the right to represent themselves pursuant to statute.

2. Union Security

2.1. The City shall be governed by applicable state and federal law, as presently worded or subsequently amended, as it pertains to union security.

2.2. New Employee Orientations

2.2.1. City shall provide the Union written notice of new employee orientations [no matter how few participants, and whether in person or online] at least ten (10) business days prior to the event or when the City is first notified of a new employee's start date.

2.2.2. One (1) representative of the Union shall be permitted to make a presentation of up to thirty (30) minutes, and present written materials, during a portion of the orientation for which attendance is mandatory at a location designated by the City. No representative of management shall be present during the Union's presentation.

2.2.3. If a Union representative is unable to attend, paid release time shall be granted for one (1) steward at each orientation to participate in the new employee orientations. Human Resources will coordinate with the Steward's supervisor to make every reasonable effort to schedule orientations in conjunction with the Department and Steward's availability. Upon request, the Union shall provide a list of stewards designated to conduct Union presentations.

2.2.4. The City will provide the employee with a packet of information supplied by the Union, including the Memorandum of Understanding (MOU) and Union membership form (paper or electronic).

2.2.5. The Union may follow the grievance procedure outlined in relevant Memorandums of

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Understanding for alleged violations of this agreement.

2.3. Dues Deduction

2.3.1. Any regular full-time or regular part-time employee who is covered by this Memorandum of Understanding may become a member of the Union, and may execute a payroll deduction form as furnished by the Union.

2.3.2. The Union shall indemnify and hold the City harmless from any cost of liability resulting from any and all claims, demands, suits, or any other action arising from the operation of this provision or from the use of the monies remitted to the Union, including the costs defending against such actions or claims. The Union agrees to refund to the City any amounts paid to it in error.

2.3.3. The Union will be custodian of records for such deduction authorization and will provide the City with a certification that it has and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. The Union shall not be required to provide the City a copy of the employee's authorization unless a dispute arises about the existence or terms of the authorization. However, the Union will provide the City with a certification document for each employee with sufficient information to allow the City to identify the appropriate level of deductions.

2.3.4. The City shall direct employee requests to cancel or change deductions to the Union and shall rely on information provided by the Union regarding whether deductions for an employee organization were properly canceled or changed.

2.3.5. The City shall not be required to modify amounts deducted from the employee paychecks for dues or fees more than once in each calendar year.

2.3.6. The City shall not be required to collect any special assessments or similar short-time changes in rate.

2.4. Communications with Employees

2.4.1. The bargaining unit shall be provided suitable space on bulletin boards at each work location for posting notices concerning official bargaining unit business.

2.5. Advance Notice

2.5.1. Except in cases of emergency as provided below this subsection, the bargaining unit, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule of regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet and confer with the appropriate management representatives prior to adoption.

2.5.2. In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures are required. At the earliest practicable date thereafter, bargaining unit shall be provided with the notice described in the preceding paragraph and be given the opportunity to meet and confer with the appropriate management representatives.

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3. City Rights

3.1. The City shall retain the full rights of management and the direction of it business and operations, except as expressly limited and set fo11h in writing in this MOU. Wherein a subject matter is covered by the MOU, the City will act in accordance with those sections.

3.2. Nothing herein shall be construed to require the City to meet and confer on matters which are solely the function of management and which are not otherwise provided in this Memorandum of Understanding. The rights of the City through its Council and management include, but are not limited to, the following:

• To exclusively determine the mission of its constituent departments, commissions, and boards;
• To set standards of service for the various City departments; • To determine the procedures and standards of selection for promotion and employment; • To establish grooming standards;
• To lay off its employees from duty because of lack of work or other legitimate reasons; • To maintain the efficiency of governmental operations; • To determine the methods, means, and personnel by which governmental operations are to be conducted;
• To determine the content and intent of job classifications; • To determine the methods of financing departmental operations; • To determine the style and/or types of City-issued wearing apparel, equipment, or terminology to be used;
• To determine and/or change the facilities, methods, technology, means, organizational structure, and size and composition of the work force, and allocate and assign work by which City operations are to be conducted;
• To determine and change the locations and types of operations, processes, and materials to be used in carrying out all City functions, including, but limited to, the right to contract for subcontract any work or operations of the City.
• To assign work to and schedule employees in accordance with requirements determined by the City, and to establish work schedules and assignments upon reasonable notice; • To establish and modify productivity and performance standards for employees, and to require compliance therewith;
• To discharge, suspend, demote, reprimand, lower salai-y to a lower step, without salary increases, or otherwise discipline employees for cause; • To take all necessary actions to carry out its mission in emergencies;

3.3. Prior to modification of the following subjects, the City shall meet and confer with the Union:

• Minimum qualifications for classifications represented by the Union; • The content and intent of job classifications for such employees; provided, however, that it is understood that job descriptions used to describe the various duties of a classification do not preclude employees from being assigned to work not listed as a specific duty of that classification;
• Licenses and certificates required for such classifications of employees; • Degrees of training required for such employees;
• Grooming standards applicable to such employees;
• Productivity and performance standards of such employees; • Styles and types of wearing apparel to be used on duty;

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• Size and composition of the work force within the bargaining unit; • Contracting or subcontracting of operations currently being performed by employees within the bargaining unit.
• The obligation of the City to meet and confer regarding the foregoing subjects shall not be construed to require that the City and the Union reach agreement prior to the implementation of the types of modifications described in this subsection.

3.4. Nothing in this section shall be construed to excuse the City from the obligation to meet and confer with the Union regarding any subject or matter not set forth in this section where required to do so by statute.

3.5. Neither the Union nor any employee within the bargaining unit shall contest through the grievance procedure the authority of the City under state or federal law to exercise the rights enumerated in Subsection 3.2. Except as provided therein, the Union may use the courts to contest the exercise of such authority.

3.6. It is a major purpose of this section to maximize the flexibility of the City to conduct its day-to- day operations.

4. No Discrimination

4.1. There shall be no discrimination by either the bargaining unit or City on any basis prohibited by state or federal law of City policy.

5. Employee Access to Representation and Records

5.1. Union Representative

5.1.1. The Union shall be entitled to a reasonable number of representatives who shall restrict their activities to the handling of grievances and shall be allowed a reasonable amount of time for this purpose. The Union shall notify the City Manager in writing of the names of the representatives.

5.2. Representatives shall obtain permission from their supervisors before leaving their workstations to resolve grievances. This provision shall not be used to prevent the representatives from performing their duties or obligations set forth in this section; provided, however, that the use of time for this purpose shall be reasonable and shall not interfere with the requirements of the City's services, as determined by the City.

5.3. Union representatives may receive but not solicit complaints or grievances of employees at the work location during work hours. They shall not interfere with the normal conduct of work duties of the employees, as determined by the department head.

5.4. Activities such as soliciting for membership, collecting dues, holding membership meetings, campaigning for office, conducting elections, and distributing literature are strictly prohibited during work hours without the prior approval of the City Manager.

5.5. In the event the City believes that the Union representatives are abusing the provisions of this section, it shall contact the Union or its representative to arrange a mutually acceptable time

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and place to investigate the City's complaint and to assure full compliance by the bargaining unit representative to the extent possible.

5.6. Whenever an employee is required to meet with a supervisor and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, the employee shall be entitled to have a Union representative present upon request. In the event the employee desires the presence of a Union representative, the City will contact the bargaining unit to arrange a mutually acceptable time to hold the meeting. Once scheduled, neither party shall be required to reschedule the meeting for the convenience of the other. This provision shall not prohibit the City from taking immediate action if, in City's opinion, immediate action is necessary.

5.7. Personnel Files

5.7.1. An employee, or on presentation of written authorization from the employee, an employee's representative shall have specific access to the employee's personnel file upon request and reasonable convenience of the Human Resources Department. Documentation in the personnel file relating to the investigation of a possible criminal offense, background information on the employee, and letters of reference may be specifically excluded from the inspection and review of the employee and/or the employee's representative. Medical records and information which would be privileged under state law pursuant to the attorney-client privilege or the work product doctrine may also be excluded. Non-privileged medical records involving workers' compensation, disability medical evaluation, and pre-hire medical reports shall be included in the employee's personnel file. Personnel files may only be reviewed in the presence of a designated employee of the Human Resources Department. The City will provide employees with all copies of Performance Evaluations and Letters of Reprimand, if any, and such copies shall be provided to the Union with the written authorization of the employee. Upon request the employee may at personal expense copy these portions of the employee's personnel file not specifically excluded from review by this section.

6. Salary Plan

6.1. Salary Ranges

6.1.1. The following represents agreed upon modifications to salary during the term of this contract:

• 4% increase effective the first full pay period in January 20262 • 4.53% increase effective the first full pay period in January 20273 • 53% increase effective the first full pay period in January 20284 • 3% increase effective the first full pay period in January 2025

6.2. Market Equity Adjustments

6.2.1. Equity adjustments for the classifications in this bargaining unit will be conferred as described in the chart belowAppendix A. Whenever multiple pay adjustments occur on the same date, all adjustments shall be added together for calculation purposes.

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Classification Department
% San Bruno
Above or Below
Labor Market
Median
Adjusted Internal
Relationship
Analysis (IRA)
Benchmark
2022 Equity
effective first
full pay period
in January
2022
2023 Equity
effective first
full pay period
in January
2023
2024 Equity
effective first
full pay period
in January
2024
2025 effective
first full pay
period in
January
2025

Total Equity
Adjustment
Field Supervisor-Public Works 12.00%
Field Supervisor - CATV CityNet -22.98% -22.98% 2.00% 3.00% 3.00% 4.00% 12.00% Field Supervisor - Parks cs -17.61% -22.98% 2.00% 3.00% 3.00% 4.00% 12.00% Recreation Services Supervisor 1 cs -19.28% ·22.98% 2.00% 3.00% 3.00% 4.00% 12.00% Planning & Housing Manager CED -22.56% -22.56% 2.00% 3.00% 3.00% 4.00% 12.00% Nutrition Program Manager cs -19.28% -19.28% 2.00% 1.00% 3.00% 3.00% 9.00% Deputy Public Works Director- Public Works
Administration & Engineering PW -18.92% -18.92% 8.00% 1.00% 0.00% 0.00% 9.00% Deputy Public Works Director - Public Works
Utilities And Operations (PE) PW -18.92% -18.92% 8.00% 1.00% 0.00% 0.00% 9.00% Deputy Public Works Director- Public Works
Utilities and Operations PW ·18.92% -18.92% 3.00°1. 2.00% 2.00% 1.00% 8.00% Chief Building Official CED -18.47% -18.47% 3.00% 2.00% 2.00% 1.00% 8.00% Systems Administrator IT -17.01% 17.01% 2.00% 2.00% 1.00% 1.00% 6.00% CATV Programming Technology Manager CityNet # N/A 17.01% 2.00% 2.00% 1.00% 1.00°1. 6.00% Information Technology Associate IT # N/A 17.01% 1.00% 2.00% 1.00% 2.00°1. 6.00% Accountant Finance -14.54% -14.97% 2.00% 1.00°1. 1.00% 0.00% 4.00% Financial Services Supervisor Finance -14.97% -14.97% 2.00% 1.00% 1.00% 0.00% 4.00% Information Technology Manager IT -14.54% -14.54% 2.00% 1.00% 1.00% 0.00% 4.00% Associate Planner CED -11.46% -11.46% 0.00% 0.00% 0.00°1. 0.00% 0.00% Assistant Planner CED -11.46% -11.46% 0.00% 0.00% 0.00% 0.00% 0.00% Senior Planner CED -11.46% -11.46% 0.00% 0.00% 0.00% 0.00% 0.00% Building Inspector II CED -9.88% -9.88% 0.00% 0.00% 0.00% 0.00% 0.00% Building Inspector I CED -9.88% -9.88% 0.00% 0.00% 0.00% 0.00% 0.00% Management Analyst II ALL -9.55% -9.55% 0.00% 0.00% 0.00% 0.00% 0.00% Management Analyst I ALL -9.55% -9.55% 0.00% 0.00% 0.00% 0.00% 0.00% Accounting Manager Finance -9.29% -9.29% 0.00% 0.00% 0.00% 0.00% 0.00% Financial Services Manager Finance -9.29% -929% 0.00% 0.00% 0.00% 0.00% 0.00% CATV Business Manager CityNet -9.29% -9.29% 0.00% 0.00% 0.00% 0.00% 0.00% CATVSy.5tem Engineer CityNet -9.29% -9.29% 0.00% 0.00% 0.00% 0.00% 0.00% Parks and Facilities Manager CS #NIA -9.29% 0.00% 0.00% 0.00% 0.00% 0.00% Recreation Services Manager CS #N/A -9.29% 0.00% 0.00% 0.00% 0.00% 0.00% Community Services Superintendent CS #N/A -9.29% 0.00% 0.00% 0.00% 0.00% 0.00% Library Services Manager CS #NIA -9.29% 0.00% 0.00% 0.00% 0.00% 0.00% Police Communications and Records Supervisor Police #N/A -9.29% 0.00% 0.00% 0.00% 0.00% 0.00% Associate Civil Engineer PW -5.03% -5.03% 8.00% 1.00% 0.00% 0.00% 9.00% Senior Civil Engineer PW -5.03% -5.03% 8.00% 1.00% 0.00% 0.00% 9.00% Principal Civil Engineer PW -5.03% -5.03% 8.00% 1.00% 0.00% 0.00% 9.00% Assistant Engineer PW -5.03% -5.03% 8.00% 1.00% 0.00% 0.00% 9.00% Maintenance Services Manager PW/CS -23.21% -23.21% 3,00% 3.00% 3.00% 3.00% 12.00% CATV-Technical Manager CityNet -23.21% -23.21% 3.00% 3.00% 3.00% 3.00% 12.00%

1 Pary to Field Supervisor

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(Historical Note)
(Historical Note)

(Historical Note)
(Historical Note)

6.2.2. To determine new pay ranges upon general salary adjustment, applicable percentage increases shall be added to the highest previously existing base rate for the top step of each salary range and, the range will be calculated by dividing each range step, beginning with top step, by the factor 1.0525.

6.3. The City will adopt necessary documentation and procedures to implement the provisions of Section 414(h)(2) of the Internal Revenue Code (IRC) which permits a "pick up" program whereby the amount than an employee pays to PERS for retirement would be reported with the amount paid by the employer for income tax purposes; thereby making the employee's portion non-taxable until refunded or retirement, both federal and state purposes.

6.4. Salary Plan Administration

6.4.1. Each employee permanently assigned to a position covered by this Memorandum of Understanding shall be paid a salary within the range established for that position and classification.

6.5. Salary Plan Administration, Original Appointment

6.5.1. The salary for a new employee occupying a position covered by this Memorandum of Understanding shall be the minimum salary step for the classification to which the employee is appointed. However, when warranted, the City Manager may appoint a new employee at a salary step other than the minimum step of the appropriate classification.

6.6. Salary Plan Administration, Advancement Within Salary Range

6.6.1. No salary advancement shall be made so as to exceed the maximum rate established in the pay plan for the class to which the advanced employee's position is allocated. Employees hired at the first step of the salary range shall be evaluated for salary advancement after the first six months of service and after additional one-year periods of service thereafter until the employee has reached the maximum rate established. Employees hired at other steps of the salary range shall be evaluated for salary advancement after the first year of service and after additional one-year periods of service thereafter until the employee has reached the maximum rate established. Advancement within the salary range shall generally be made one step at a time. However, the City Manager may, when circumstances warrant it, advance the salary of an employee more than one step at a time.

6.6.2. Advancements shall not be automatic, but shall depend upon increased service value of an employee to the City as exemplified by recommendations of the employee's supervisor, length of service, performance records, special training undertaken, or other pertinent evidence.

6.6.3. Changes in an employee's salary because of promotion or demotion may set a revised salary anniversary date for that employee.

6.6.4. Salary range adjustments for a classification will not set a new salary anniversary date for

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employees serving in that classification.

6.7. Salary Plan Administration, Employee Evaluation

6.7.1. Probationary employees shall be evaluated in writing at least every four months during their probationary period.

6.7.2. Permanent employees eligible for salary step increase shall be evaluated in writing at least once every six months.

6.7.3. Other permanent employees shall be evaluated in writing at least once per year.

6.7.4. If an employee evaluation is not completed within thirty (30) days of its due date, the performance of that employee shall be deemed to be satisfactory.

6.7.5. Whenever the schedule of compensation for a classification is revised, each incumbent in a position to which the revised schedule applies shall be paid at the same step in the revised range as the step at which the employee was paid in the previous range; provided, however, that employees moved from the nine-step pay plan to the five-step pay plan as a result of this agreement shall increase to the appropriate salary step on the new five-step plan which provides for at least a five percent (5%) salary adjustment or up to the maximum salary step.

6.7.6. If an employee takes a leave of absence, the time spent away from work shall not be counted toward the completion of the next step. Depending upon how long the individual is away from work, it will move the employee's anniversary date in accordance with the rule (below) that presently determines the anniversary.

6.8. Anniversary Date

6.8.1. The anniversary date is that date from which time is calculated for purposes of salary step advancement; the ending of the probationary period, the advancement of vacation accrual dates, and the accrual of sick leave. This date shall be the employee's actual date of hire.

6.8.2. The actual date of appointment to a position shall govern seniority and eligibility to take a promotional examination.

6.9. Salary Plan Administration, Salary Step after Promotion or Demotion

6.9.1. Promotion

6.9.1.1 When an employee is promoted from a position in one classification to a position in a higher classification, that employee shall be entitled to receive the rate of pay of the lowest step in the salary range of the higher classification which provides at least 5% above the base salary of the employee, not including acting pay or other incentive pay.

6.9.2. Demotion

6.9.2.1 Non-Disciplinary Demotion. When an employee is demoted for reasons not related to disciplinary purposes, that employee shall be placed at the salary step in the lower classification which most closely approximates but does not exceed the employee's salary in the higher classification.

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6.9.2.2 Voluntary Demotions; demotions resulting from probationary rejections. When an employee takes a voluntary demotion to a position previously held or is reappointed to such a position as the result of a probationary rejection, the employee shall be placed at the same step in the lower classification which the employee first held. The employee's service time at such step shall continue as if the promotion had not occurred.

6.9.2.3 Disciplinary Demotions. When an employee is demoted to a lower classification for disciplinary reasons, the specific rate of pay in the salary range of such classification to which the employee shall be entitled shall be determined by the City Manager.

6.10. Acting Pay

6.10.1. An employee assigned to perform substantially the duties of a higher job classification shall, commencing with the seventh (7) consecutive complete calendar day from the commencement of the assignment receive the rate of pay established for the salary step of the classification of the temporary assignment that is a minimum of five (5%) percent greater than the employee is currently earning, retroactive to the date the employee was assigned to such duties. In no event shall the rate paid exceed the top step of the assigned classification.

6.10.2. The City Manager shall have the discretion to increase the salary of such employee to an amount not in excess of the top step of the higher classification.

6.10.3. An employee assigned to perform such duties for six months shall be entitled to a salary which shall be not less than that of the lowest step of the higher classification, nor greater than that of the highest step of such classification, as determined by the City Manager, but in no event shall such employee be paid less than that received pursuant to Subsection 6.10.1 or

6.10.2. Any subsequent adjustments to this rate of pay shall at the discretion of the City Manager.

6.11. Special Circumstances/Special Recognition Pay

6.11.1. An employee specifically assigned by a department head through use of the personnel action form process on a temporary or longer term basis to regularly perform work outside of the scope of the employee's permanent classification but not performing substantially the duties of another job classification may receive Special Circumstances/Special Recognition Pay at the exclusive discretion of the City Manager. The City Manager may assign a rate of pay between

3.5% and 10% depending on the nature of the circumstances and organizational need. The determination as to the rate of pay made by the City Manager shall be final and not subject to use of the Grievance Procedure.

6.12. Bilingual Pay

6.12.1. The City shall provide bilingual incentive pay in the amount of2.5% of base pay to an employee who meets the criteria outlined in the City's Bilingual Program. For recipients new to the program as of March 14, 2017, eligibility for this supplement will be limited to those who actually use the bilingual skill as part of the performance of their job duties. These requirements include:

• Demonstrated proficiency in a language other than English (including American Sign Language), which is used within the community;

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• Successfully meets and maintains the program requirements, including re-qualifying every two years.

6.13. City Contribution to Deferred Compensation

6.13.1.1. Effective as of the pay period beginning March 12, 2001, the City shall contribute a matching deferred compensation program contribution of up to one­ half of one percent (.005) of an employee's salary on a biweekly basis. To be eligible for this program, the employee must be enrolled in one of the City's voluntary deferred compensation programs and making a payroll deduction in the program of at least one-half of one percent (.005) on a biweekly basis.

Employee shall not be entitled to any retroactive application of this program.

6.14. Salary Pay Periods

6.14.1. Employees shall be paid bi-weekly. Regular salary and overtime will normally be paid within five days after the close of the pay period.

6.15. Direct Deposit

6.15.1. All employees hired after February 28, 200l, shall be paid only via direct deposit into a bank account. Employees shall have thirty (30) days from the date of hire to submit appropriate information to the Finance Department for the processing of direct deposit pay.

7. Filling of Vacancies

7.1. Filling Vacancies

7.1.1. Except as otherwise provided in this Memorandum of Understanding, all vacancies in the classes of employment set forth in Appendix "A" shall be filled from employment lists established as a result of competitive examination.

7.2. Announcement

7.2.1. All examinations for classes set forth in Appendix "A" of this Memorandum of Understanding shall be published by posting announcements in the City Hall, on official bulletin boards, and in such other places as the City Manager deems advisable, including one newspaper of general circulation circulated in the City.

7.2.2. The announcements shall specify the following:

7.3. The title and salary range of the class;
• The nature of the work to be performed;
• Preparation desirable for the performance of the work of the class; • The dates, time, place, and manner of making applications; and • Other pertinent information

7.4. Application Form

7.4.1. Applications shall be made on forms provided by Human Resources. Such forms shall require information covering training, experience, and other pertinent information. All applications

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must be signed under penalty of perjury by the person applying.

7.5. Mandatory Disqualification

7.5.1. The City Manager as personnel officer, or the Manager's designee, may reject any application if:

7.5.2. The application indicates on its face the applicant does not possess the minimum qualifications required for the position;

7.5.3. The applicant does not meet the minimum age requirement of the position as of the closing date of the recruitment;

7.5.4. The applicant does not meet current requirements for employment authorization as outlined by pertinent state and federal laws;

7.5.5. The applicant is physically unfit for the performance of duties of the position applied for;

7.5.6. The applicant is addicted to the habitual excessive use of drugs or intoxicating liquor;

7.5.7. The applicant has been convicted of a crime involving moral turpitude where the conduct constituting the offense is related to or reflects upon the fitness of the applicant to perform the duties of the position;

7.5.8. The applicant has made a false statement of any material fact or has omitted any material fact or has practiced or attempted to practice any deception or fraud in the application.

7.6. Permissive Rejection

7.6.1. The personnel officer or the personnel officer's designee may reject any application if:

7.6.2. In the personnel officer's or personnel officer's designees judgment the number of applicants for the position is so great that it would be unmanageable to interview all applicants possessing the minimum qualifications. In such cases, the applicants selected for interview or further consideration may be limited to those who, in the judgment of the City Manager, or City Manager's designee, possess the qualifications that best fit the needs of the City or the affected department.

7.7. Notice of Rejection

7.7.1. Whenever an application is rejected, notice of such rejection with a statement of reason shall be mailed to the applicant by the City Manager or City Manager's designee.

7.8. Defective Applications

7.8.1. Defective applications may be returned to the applicant with notice to amend the same, at the discretion of the personnel officer or personnel officer's designee.

8. Examinations

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8.1. Nature and Type of Examinations

8.1.1. The selection techniques used in the examination process shall be impartial, of a practical nature, and shall relate to those subjects which, in the opinion of the City Manager or the Manager's designee, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed.

8.1.2. Examinations may consist of such recognized personnel selection techniques as achievement tests, aptitude tests, evaluation of personality and background through personal interviews, performance tests, evaluation of daily work performance, work samples, or physical agility tests, or any combination of them.

8.2. Promotional Examination

8.2.1. Promotional examinations may be conducted whenever, in the opinion of the City Manager, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section 8.1, or any combination of them. Promotional examinations may also include evaluation of prior City service and accomplishments in special training courses. Any employee who meets the requirements set forth in the promotional examination announcement may compete in the promotional examination process.

8.3. Conduct of Examinations

8.3.1. The City Manager shall determine the manner and methods by which and persons by whom examinations shall be prepared and administered.

8.3.2. The City Council may contract with any competent agency or individual for the performance of preparation and administration duties for examinations. In the absence of such a contract, the Human Resources Department shall perform such duties.

8.4. Scoring Examinations and Qualifying Scores

8.4.1. A candidate's score in a given examination shall be the average of candidate's scores on each competitive part of the examination, weighted as determined by the personnel officer. Failure in one part of the examination may be grounds of declaring such applicant as failing in the entire examination, or as disqualified for subsequent parts of an examination.

8.4.2. The personnel officer may, at the Officer's discretion, include as part of the examination tests which are qualifying only

8.5. Notification of Examination Results and Review of Papers

8.5.1. Each candidate in an examination shall be given written notice of the results thereof, and if successful, of the candidate's final earned score and placement on the employment list.

8.5.2. Any candidate shall have the right to inspect the candidate's own examination paper according to the rules of the Human Resources Department. Any error in computation, if called to the attention of the personnel clerk within one month after the date of mailing of notices, shall be corrected. Such corrections shall not, however, invalidate appointments previously made.

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8.6. Veterans Preference

8.6.1. No veterans preference shall be allowed for examinations for positions within the classifications set forth in Appendix "A" of this Memorandum of Understanding.

9. Appointments

9.1. Sources of Appointments to Fill Vacancies

9.1.1. Whenever the City Manager determines that a vacancy in a class described in Appendix "A" of this Memorandum of Understanding is to be filled, it shall be filled by reemployment, transfer, demotion, or from eligibles certified by the City Manager or the Manager's designee from an appropriate employment or promotional list, if available.

9.1.2. Whenever the City Manager determines that a vacancy in a class description in Appendix "A" of this Memorandum of Understanding is to be filled, the City Manager shall determine the availability of employees for reemployment, requests for transfers, or demotion, and of eligibles on employment or promotional lists for the class.

9.1.3. The City Manager shall certify the eligibles available to fill the vacancy by reinstatement, transfer, or demotion or from a promotional or employment list.

9.2. Order of Certification

9.2.1. Whenever certification is to be made, the employment lists, if each exists, shall be used in the following order: reemployment list, promotional list, open-competitive list. Whenever there are fewer than three names on a promotional list or an open-competitive list, the City Manager may make an appointment from among such eligibles or may establish a new list.

9.3. Nepotism

9.3.1. No person shall be appointed to a position in a classification set f01th in Appendix "A" if a member of the immediate family of such person is employed within the same department to which such position is assigned if the City Manager determines, within his/her sole discretion, that (la) for business reasons of supervision, safety, security, or morale, it would be inappropriate to place one such person under the direct supervision of the other; and (1b) the appointment cannot be made without one employee being under supervision of the other; or (2) the placement of both persons in the depa1tment involves potential conflicts of interest greater for persons so related than for non-related persons, and that such conflicts cannot be resolved by control of duty assignments.

9.3.2. If such appointment is made, the employees involved shall be assigned, if possible, so that one is not under the direct supervision of the other, or employed to work in conjunction with the other under ordinary circumstances.

9.3.3. If, due to marriage or otherwise, persons employed in the same department become members of an immediate family, the City Manager shall, to the extent possible, assign such persons to duties in such manner that neither is under the direct supervision of the other, and neither is assigned to work in conjunction with the other under ordinary circumstances.

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9.3.4. For purposes of this section, "immediate family" includes father, mother, brother, sister, spouse, domestic partner, child, mother-in-law, mother of domestic partner, father-in-law, father of domestic partner, grandparent, grandchild, great-grandparent, great-grandchild, step- child, child of domestic partner, foster child, and step-parent.

9.3.5. Prior to making any determination pursuant to Subsection 9.3.1, or any assignment pursuant to Subsection 9.3.3, the City Manager shall consult with the Bargaining Unit.

10. Probation Period

10.1. Length of Probation Period

10.1.1. All regular and promotional appointments to the classifications of this bargaining unit set forth in Appendix "A" shall be tentative and subject to a probationary period of one year from the date of probationary appointment or promotion.

10.1.2. Reinstatements may be subject to an optional probationary period. This option can be exercised by the City Manager when the Manager deems it necessary.

10.1.3. This optional probationary period can last up to but never exceed one year. Reemployment employees shall be required to fulfill any remaining part of a probationary period that was in progress at the time the individual was placed on the reemployment list.

10.2. Objective of Probationary Period

10.2.1. The probationary period shall be regarded as a part of the testing process and shall be utilized for close observation of the employee's work, for securing the most effective adjustment of a new employee to a position and for rejecting any probationary employee whose performance does not meet the required standards of work.

10.3. Appointment or Rejection of Probationer

10.3.1. During the probationary period an employee may be rejected at any time by the City Manager without cause, without hearing, and without the right appeal.

10.3.2. Prior to the scheduled termination of the probationary period, the City Manager shall notify the probationer in writing as to whether the service of the probationer has been satisfactory and whether the City desires to retain the employee. If the City Manager notifies the probationer that the performance of the latter has been satisfactory, the City Manager shall appoint the probationer to the position on a regular basis, effective upon the completion of the probationary period. If the City Manager notifies the probationer that the performance of the latter has not been satisfactory, the employment of the employee shall be terminated upon such notice, or the City Manager may extend the probationary period for a specific period of time to allow for further observation and evaluation. If the probationary period is extended, the salary step increase for the employee may be deferred for the period of time of the extension.

10.3.3. Whenever the City Manager rejects a probationer, the written notice of rejection shall advise the probationer as follows:

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10.3.3.1 That if probationer believes such rejection is because of allegations of misconduct which have been publicly disclosed under such circumstances that the good name, reputation, honor, or integrity of the probationer has been stigmatized, the probationer has the right to a hearing to provide an opportunity to clear the probationer's name; and

10.3.3.2 That if the probationer believes such rejection is on account of race, color, ancestry, national origin, religion, sex, marital status, physical disability, sexual orientation, participation in the activities of a labor organization, or the exercise of any right guaranteed to the probationer by statute or constitution, the probationer is entitled to a hearing to determine whether such rejection was, in fact, effectuated upon such invalid basis.

10.3.4. The notice shall advise the probationer that the latter may request such hearing by transmitting to the City Manager in writing not later than 15 days from the date of the notice a request for a hearing. Such request shall specify the grounds upon which the hearing is requested, as set forth in Subsection 10.3.3.1 and 10.3.3.2. If the probationer does not request a hearing in the manner prescribed by this section within the period allowed, the probationer shall be deemed to have waived any right to such hearing.

10.3.5. The City Manager shall conduct hearings requested pursuant to this section. If the hearing has been requested pursuant to Subsection 10.3.3.2, the probationer shall have the burden of proof that the rejection was effected upon invalid basis. At the conclusion of such hearing the City Manager may sustain the rejection, reinstate the probationer to probationary status if the probationary period has been completed, or reinstate the probationer to probationary status and extend the probationary period if otherwise permissible, if justified by the evidence presented at the hearing.

10.3.6. If, prior to the hearing, the employee presents to the City Manager a written request that the City Manager be disqualified from conducting the hearing, the City Manager shall assign a designee having no supervisory control over the employee to conduct the hearing. At the conclusion of the hearing, the hearing officer shall recommend to the City Manager the disciplinary action to be taken, if any, and the City Manager shall make a determination and promptly notify the employee in writing of such decision.

10.4. Rejection Following Promotion

10.4.1. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted, unless the employee discharged for disciplinary reasons.

11. Promotion

11.1. The City shall endeavor to fill vacancies by promotion when the City Manager determines this to be in the best interest of the City. In the event the City Manager determines to fill a vacancy by promotion, Human Resources shall prepare and administer an examination for those employees holding similar positions in lower classifications. The names of the successful candidates shall be recorded in the order of their standing in the examination on an employment list. Promotional appointments shall be made from the first three candidates on the employment list who are ready and willing to accept the position offered.

11.2. If, in the opinion of the City Manager, a vacancy in the position could be filled better by an

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open, competitive examination instead of a closed, promotional examination, City Manager may call for applications for the vacancy and arrange for an open, competitive examination, and for the preparation and certification of an eligible list.

11.3. Only open competitive examinations shall be administered for the following positions:

• Deputy Public Works Director of Administration & Engineering • Recreation Services Manager
• Deputy Public Works Director for Utilities & Operations • Assistant Finance Director
• Assistant Library Services Director
• CATV Business Manager
• CATV System Engineer
• Planning and Housing Manager

12. Employment Lists

12.1. Employment lists shall become effective upon the approval thereof by the City Manager.

Employment lists shall remain in effect for one year, unless sooner exhausted, and may be extended prior to their expiration dates by action of the City Manager for additional 6- month periods, but in no event shall an employment list remain effect for more than 2 years.

12.2. Original appointments can only be made from the list of eligible candidates on the employment list who are ready and willing to accept the position offered.

12.3. The name of any person on an employment list may be removed by the City Manager if the eligible person requests such removal in writing, if the employee fails to respond to a written offer of employment within 5 business days next succeeding the mailing of notice, which shall be registered mail, if a subsequent report of a background investigation shows that the person is unsatisfactory, or if the employee has been rejected for appointment 3 times. If a candidate refuses to be considered for appointment or for interview, the City Manager may remove the name of the candidate from the employment list.

12.4. The names of persons on promotional employment lists who resign from the service may be dropped from such lists at the discretion of the City Manager.

13. Layoff and Reemployment

13.1. Layoff

13.1.1. Whenever, in the judgment of the City Council, it becomes necessary to abolish positions, the City Council may abolish any position including those set forth in Appendix "A" of this Memorandum of Understanding, and the employee holding such position or employment may be laid off without the right to appeal. The City Manager may likewise lay off regular employees due to a reduction in the service level, lack of work, or in a move for efficiency.

13.1.2. In reduction of force, employees with least length of service in the classification affected shall be laid off fast; provided, that any employee so laid off may elect to be reassigned to a classification with a lower salary scale held by an employee with less service with the City if

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(a) the senior employee has previously held a position within the classification; or (b) the classification to which the senior employee would be reassigned is within the same depa1tment and the senior employee is capable by training and experience of performing the work of the position to which that employee would be reassigned.

13.1.3. This section does not apply to the right of the City Manager to determine whether and when a vacancy shall be filled.

13.2. Reemployment

13.2.1. The names of the probationary and regular employees who have been laid off shall be placed on a reemployment list for their classification in order of seniority.

13.2.2. When a reemployment list is used to fill vacancies, the rules under Section 12 Employment Lists of this Memorandum of Understanding shall be followed in the utilization of the list.

14. Resignation and Reinstatement

14.1. Resignation

14.1.1. An employee wishing to leave the competitive service in good standing shall file with the department head, at least 2 weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the City Manager with a statement by the department head or supervising official as to the resigned employee's service performance and other pertinent information concerning the cause of resignation.

Failure of the resigning employee to give 2 weeks notice shall be entered on the service record of the employee and may be cause for denying future employment by the City. If the employee is a department head, the written resignation shall be filed by the City Manager.

14.2. Reinstatement

14.2.1. A regular employee who has resigned in good standing may be reinstated to a vacant position of the same classification as the previous position within a period of 2 years from the effective date of resignation. Reinstatement shall be made at the salary step recommended by the department head and approved by the City Manager.

14.3. Demotion and Transfer

14.3.1. Demotion

14.3.2. The City Manager may demote an employee whose performance of required duties falls below standard, or for disciplinary purposes. No employee shall be demoted to a position for which the employee does not possess the minimum qualifications. Three days written notice shall be given the employee before the effective date of the demotion.

14.4. Transfer

14.4.1. An employee may be transferred from one position to another position in the same or comparable classifications upon direction of the City Manager after consultation with the employee. No employee shall be transferred to a position for which the employee is not

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qualified.

15. Overtime and Premium Pay

15.1. Overtime

15.1.1. Authorized work performed by classifications other than those listed in Section 26 Management Leave shall receive pay or compensatory time at the rate of one and one­ half times the employee's regular rate for authorized work performed in excess of eight (8) consecutive hours, or those beyond the employee's regularly scheduled hours, whichever is greater, in any one (1) day (exclusive of lunch period). Absent extenuating circumstances, all overtime must be approved in advance by a supervisor.

15.2. Except in the event of an emergency, an employee who leaves the workplace due to injury or illness shall not be eligible for overtime, call back, or standby pay until the employee's next regularly-scheduled workday.

15.3. An employee of the library, whose regularly scheduled working hours do not provide for two (2) consecutive regular days off within a seven (7) day work period shall be paid a five percent (5%) premium to the regular straight-time rate of pay for each hour actually worked on the day which would regularly constitute one of two consecutive days off.

15.3.15.4. As set forth in [INSERT NAME OF SIDE LETTER] and on the terms set forth in that side letter, the City will implement a 36-hour workweek pilot program.

16. Call Back

16.1. An employee recalled to work outside of and not continuous with regularly the employee's scheduled hours shall be paid a minimum of 2 hours at the rate of one and one-halftimes the employee's regular straight-time rate of pay. An employee shall not receive additional two- hour payments for multiple call backs which occur within one two-hour period. The classifications listed in Section 26 are not eligible for call-back compensation.

17. Stand-By Duty

17.1. An employee assigned to be on standby to answer calls outside of regularly scheduled hours shall receive two hours' pay at the regular straight-time rate of pay for each 16 hours of standby time.

17.2. In addition to one straight time hour for each eight hours of standby duty, an employee assigned to such stand-by for not less than 16 hours on a holiday shall be entitled to eight straight time hours of pay or compensatory time off, employee may be assigned vehicles for their use subject to policies set by the City Council.

18. Stand-by Living Radius

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18.1. Employees occupying the classification of Field Supervisor shall, for purposes of standby assignment, be subject to the residency conditions detailed in "Stipulation and Order for Judgment, Case No. 347947," herein incorporated with the map in Appendix "B." Such employees may be provided a City vehicle for the duration of said assignment, subject to remaining administrative policy provisions regarding use of City vehicles.

19. Compensatory Time Off

19.1. Subject to approval by the department head, an employee may take compensatory time off for overtime worked in lieu of receiving overtime pay. Except as noted in Section 17 Standby Duty regarding standby, compensatory overtime shall be calculated at the same rate as overtime.

No employee may accumulate more than 80 hours compensatory time. In the event the employee earns comp-time in a pay period that will result in that employee exceeding the 80 hour balance, the additional hours (except those earned as straight-time compensatory time for standby duty) will be paid as overtime any for that period.

20. Weekend Work

20.1. Where the seasonal operating needs of a department make it necessary for some non­ FLSA- exempt employees to work on Saturday and/or Sunday in lieu of the regular Monday through Friday workweek, such weekend work assignments shall be made on a rotational bases based on length of service with the City. To the extent possible, the assignment of weekend work shall be scheduled in advance of the work season.

21. Work Performed on a Holiday

21.1. Any regular full-time employee who is required to work on any one of the holidays specified in the Memorandum of Understanding shall, in addition to receiving regular pay for such holiday, be paid two and one-half times the employee's regular straight-time rate of pay for all hours actually worked on such holiday; provided, however, that employees assigned standby duty as provided in Section 17 Standby Duty on such holiday shall receive one and one-half times their regular rate for all hours actually worked on such holiday. For purposes of this section, holidays will be those days on which the holiday is actually observed.

22. Holidays

22.1. Authorized Holidays

22.1.1. The following are authorized holidays:

• New Year's Day
• Martin Luther King, Jr.
• Presidents Day
• Memorial Day
• Independence Day
• Labor Day
• Veterans Day

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• Thanksgiving Day
• Day after Thanksgiving
• Day before Christmas
• Christmas Day

22.2. If a holiday falls on a Sunday, such holiday shall be observed on the Monday following. If a holiday falls on a Saturday, such holiday shall be observed on the Friday before such Saturday.

22.3. The following special rules shall apply to observance of Day Before Christmas:

If Christmas Day falls on Day before Christmas observed on Monday Tuesday following
Tuesday Monday before
Wednesday Tuesday before
Thursday Friday after
Friday Thursday before
Saturday Thursday before
Sunday Friday before

22.4. Holidays for Library employees shall be observed in the following manner:

22.4.1. If a holidays falls on a Friday or Saturday, employees who would be otherwise normally scheduled to work on Saturday shall be scheduled to get Friday, Saturday, and Sunday of that weekend as days off.

22.4.2. If a holiday falls on a Sunday, it shall be observed on the following Monday. Employees who would be otherwise be normally scheduled to work the previous Saturday would be scheduled to work the previous Friday instead.

22.4.3. If a holiday falls on a Monday, employees who would otherwise normally be scheduled to work on Saturday shall be scheduled to work on the previous Friday and shall be scheduled to get Saturday, Sunday, and Monday as days off.

22.5. If the City exercises its right to reschedule employees and open the library on a holiday weekend, employees who work on the holiday shall receive compensation as described in Section 15. If an employee works on such weekend, does not work on the holiday, and does not receive a day off with pay during such weekend, the employee will be allowed to take a day off with pay at a later time.

22.6. Personal Leave Bank

22.6.1. Each employee of this bargaining unit shall have a Personal Leave Bank. The bank shall be maintained by the Finance Department and reported to the employee by means of a payroll stub entry.

22.6.2. New employees shall begin with a balance of zero (0). Each year on the employee's birthday, the employee's leave bank shall be credited with eight (8) hours of personal leave. The leave bank shall also be credited with (8) hours of leave each year on February 12 and September 9, in recognition of prior holidays for Lincoln's Birthday and Admission Day, respectively.

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Similarly, on Good Friday each year the employee's leave bank shall be credited with four (4) hours of leave.

22.6.3. An employee desiring to take personal leave must make such request in writing to the department head at least seven (7) days prior to the proposed leave, unless otherwise agreed to by the City. Approval of such time off shall be subject to the operating requirements of the department in which the employee works.

22.6.4. Employees will also be allowed to borrow against future accruals by overdrawing the bank by up to twenty-four (24) hours. Upon termination of employment, an employee shall be paid in a lump sum for all hours remaining in the leave bank, at the employee's final straight-time rate.

In the event that an employee leaves City employment with an overdrawn leave bank, the employee shall reimburse the City for the deficit, at the employee's final straight-time rate.

22.7. Holiday During Vacation

22.7.1. In the event any of the holidays specified in Subsection 22.1 occurs while an employee is on vacation, the holiday shall not be charged to vacation.

23. Sick Leave

23.1. Purpose. Sick leave shall not be considered a privilege which an employee may use at his or her discretion, but shall be allowed in case of necessity and actual sickness or disability, except as provided in Subsection 23.2.5.

23.2. Rate and conditions of accrual and utilization of sick leave

23.2.1. For full-time employees, sick leave shall be accrued at the rate of eight hours for each calendar month of service, except as provided in Subsection 23.2.3. Employees on a 56-hour workweek shall accrue sick leave at a rate of 12 hours for each calendar month, except as provided in Subsection 23.2.3.

23.2.2. There shall be no limitation on the amount of sick leave the employees of this bargaining unit may accumulate.

23.2.3. Sick leave, vacation leave, and holiday leave shall not accrue when the employee is on leave without pay. When the employee is on leave for a period of thirty or more consecutive calendar days due to sickness or disability, sick leave shall not accrue.

23.2.4. Employees of this bargaining unit shall be eligible to utilize sick leave upon accrual.

23.2.5. In the event sick leave is taken by an employee instead of a leave of absence for industrial disability granted by state law where there is a bonafide dispute as to whether the disability is industrial, and such dispute is resolved in favor of the employee, any sick leave which was erroneously deducted from the employee's accumulated sick leave shall be restored to the employee.

23.3. Procedure. In order to receive compensation while absent on sick leave, the employee shall notify an immediate superior or the department prior to the starting time, or as soon as City offices are open, if reasonably possible. If an employee becomes ill while away from the

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