San Mateo City Council
February 21, 2023

2 Compliance and Other Matters
As part of obtaining reasonable assurance about whether the C ity’s basic financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which coul d have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of n oncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City ’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Walnut Creek, California
December 2, 2022

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2121 North California Blvd., Suite 290
Walnut Creek, California 94596

REPORT ON COMP

LIANCE FOR EACH MAJOR FEDERAL PROGRAM,

ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE

UNIFORM GUIDANCE, AND ON SCHEDULE OF EXPENDITURS OF FEDERAL AWARDS Independent Auditors’ Report
To the Honorable Mayor and Members of City Council
of the City of San Mateo
San Mateo, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited City of San Mateo, California’s (the “C ity”) compliance with the typ es of compliance requirements identified as subject to audit in t
he OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2022. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

In our
opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2022.

Basis for Opinion on Eac
h Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards , issued by the Comptroller General of the United States; a nd the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Princi ples, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City and to meet our other ethi cal responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on co mpliance for each major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Co
mpliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over complia nce with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the City’s federal programs.

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To the Honorable Mayor and Members of City Council
of the City of San Mateo
San Mateo, California

4 Auditors’ Responsibilities for the Audit of Compliance

Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurre d, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a hi gh level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally acc epted auditing standards, Government Auditing Standards, and the Uniform Guidance will always det ect material noncompliance when it exists.

The risk of not detecting material noncom pliance resulting from fraud is higher th an for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, mi srepresentations, or the override of internal control.

Noncompliance with the compliance require ments referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of each major federal program as a whole.

In performing an audit in accordance w ith auditing standards generally accepte d in the United States of America, Government Auditing Standards, and the Uniform Guidance, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such pro cedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referr ed to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumst ances and to test and report on internal control over compliance in accordance with the Un iform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficienci es and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control over Compliance

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance re quirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a r easonable possibility that material noncom pliance with a type of compliance requirement of a federal program will not be prevente d, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federa l program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose d escribed in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weakness es or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.

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To the Honorable Mayor and Members of City Council
of the City of San Mateo
San Mateo, California

5 Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testi ng based on the requirements of the Uniform Guidance.

Accordingly, this report is not suitable for any other purpose.

Schedule of Expenditures of Federal Awards
We have aud
ited the financial statements of the government al activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of and for the year ended June 30, 2022, and the related notes to the financial statements, which collectively comprise the C ity’s basic financial statements. We issued our report thereon dated December 2, 2022, which contained unmodified opinions on t hose financial statements. Our audit was performed for the purpose of forming opinions on the fi nancial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements.

Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financ ial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain add itional procedures, including comparing and reconciling such information directly to th e underlying accounting and othe r records used to prepare the basic financial statements or to the basic financial statements themselves, and ot her additional procedures in accordance with auditing standards generally accepted in the United States of Amer ica. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Walnut Creek, California
December 2, 2022

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City of San Mateo
Schedule of Expenditures of Federal Awards
For the Year Ended June 30, 2022

See accompanying Notes to the Schedule of Expenditures of Federal Awards.

7 Assistance Grant Amount
Listing Identification Federal Provided to
Number Number Expenditures Subrecipients
U.S. Department of Housing and Urban Development
CDBG - Entitlement Grants Cluster:

Direct Programs:

Community Development Block Grant 14.218 B-20-MC-06-0018 1,515,840 $ 408,488 $ COVID-19 - Community Development Block Grant 14.218 B-20-MW-06-0018 276,053 276,053 Total CDBG - Entitlement Grants Cluster 1,791,893 684,541 HOME Investment Partnership 14.239 M-15-MC-06-0229 655,434 - Total U.S. Housing and Urban Development 2,447,327 684,541 U.S. Department of Justice
Direct Programs:

Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16.738 15PBJA-21-GG-01187-JAGX 20,515 - Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16.738 2020-DJ-BX-0536 16,550 - Total Edward Byrne Me morial Justice Assistance Grant (JAG) Program 37,065 - COVID-19 - Coronavirus Emergency Supplemental Funding Program 16.034 2020-VD-BX-0424 52,433 - Bull et Proof Vest Partnershi p (BPVP) 16.607 N/A 4,041 - Equitable Sharing Program 16.922 N/A 8,596 - Total U.S. Department of Justice 102,135 -
U.S. Department of Transportation
Highway Planning and Construction Cluster:

Passed through the Association of Governments of San Mateo County:

One Bay Area 2 Grant - Transportation for Livable Communities 20.205 CML-5102(050) 515,143 - One Bay Area 2 Grant - Surface Transportation Program 20.205 CML-5102(051) 19,068 - Passed through the California Department of Transportation:

Congestion Mitigation and Air Quality (CMAQ) Program 20.205 CMAQ Swap 1,045,901 - Highway Bridge Replacement & Rehabilitation Program Grant 20.205 BRLS-5102(049) 35,195 - Total Highway Planning and Construction Cluster 1,615,307 - Highway Railroad Grade Crossing Safety Program 20.301
STPLR-7500(280)/
STPLR-7500(281) 10,478 -
Highway Railroad Grade Crossing Safety Program 20.301 STPLR-7500(281) 32,150 - Highway Railroad Grade Crossing Safety Program 20.301 STPLR-7500(280) 34,495 - Total Highway Railroad Grade Crossing Safety Program 77,123 - Highway Safety Cluster:

Passed through California Office of Traffic Safety:

Selective Traffic Enforcement Program 20.600 PT21163 14,952 - Total Highway Safety Cluster 14,952 -
Selective Traffic Enforcement Program 20.608 PT21163 20,825 - Total U.S. Department of Transportation 1,728,207 - U.S. Department of Health and Human Services
Aging Cluster:

Passed through the San Mateo County Aging and Adult Services:

Title III - C1 Congregate Meals 93.045 57000-07-R068151 25,550 - Total Aging Cluster 25,550 -
Total U.S. Department of Health and Human Services 25,550 - Total Expenditures of Federal Awards 4,303,219$ 684,541 $ Fe de ral Grantor/Pass - Through
Grantor/Program Title

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City of San Mateo
Notes to the Schedule of Expenditures of Federal Awards For the Year Ended June 30, 2022

8 Note 1 – Reporting Entity

The City of San Mateo (City) was incorporated on Septembe r 4, 1894, under the laws of the State of California and enjoys all the rights and privileges applicable to a Charter City.

The City operates under the Council-Manager form of governme nt. The financial reporting entity consists of the City, the primary government, and its component unit. The compone nt unit discussed below is included in the reporting entity because of their operational or financial relationships with the City.

• San Mateo Joint Power Public Financing Authority

Component units are legally separate organizations for whic h the elected officials of the primary government are financially accountable. In addition, co mponent units can be other organizati ons for which the primary government’s exclusion would cause the reporting entity’s financial statements to be misleading or incomplete.

Separate financial statements for the San Mateo Joint Power Financing Authority are not available.

Note 2 – Basis of Accounting

Funds received under the various grant programs have been recorded within the genera l fund and special revenue funds of the City. The City utilizes the modified accrua l method of accounting for the general fund and special revenue funds. The accompanying Sc hedule of Expenditures of Federal Awards (“Schedule”) is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Au dit Requirements for Federal Awards (Uniform Guidance). Therefore, some amounts presented in the schedule may differ from amounts presented in, or used in, the preparation of the City’s basic financial statements.

Note 3 – Schedule of Expenditures of Federal Awards

The accompanying Schedule presents the activity of all fede ral financial assistance programs of the City. Federal financial assistance received directly from federal agen cies as well as federal financial assistance passed through the State of California, San Mateo County, and the Association of Governments of San Mateo is included in the Schedule.

The Schedule was prepared from only the accounts of various grant programs and, therefore, does not present the financial position, change in fund balance, or results of operations of the City.

Note 4 – Indirect Cost Rate

The City has not elected to use the 10-percent de minimis indirect rate as allowed under the Uniform Guidance.

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City of San Mateo
Schedule of Findings and Questioned Costs
For the Year Ended June 30, 2022

9 Section I – Summary of Auditor’s Results

Financial Statements

Type of report the auditors issued on whether the financial statements audited were prepared in accordance with GAAP: Unmodified

Internal control over financial reporting:

 Material weakness(es) identified? No

 Significant deficiency(ies) identified? None Reported

Noncompliance material to financial statements noted? No

Federal Awards

Internal control over major programs:

 Material weakness(es) identified? No

 Significant deficiency(ies) identified? None Reported

Type of auditor’s report issued on compliance for major programs Unmodified

Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? No

Identification of major programs:

Assistance L isting Federal
Number Name of Federal Program or Cluster E xpenditures

20.205 Highway Planning and Construction Cluster 1,615,307 Total Expenditures of All Major Federal Programs 1,615,307 $ Total Expenditures of Federal Awards 4,303,219 $
Percentage of Total Ex penditures of Federal Awards 37.54%

Dollar threshold used to distinguish between type A and type B programs $750,000

Auditee qualified as low-risk auditee in accordance with 2 CFR 200.520? Yes

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City of San Mateo
Schedule of Findings and Questioned Costs (Continued)
For the Year Ended June 30, 2022

10 Section II – Financial Statement Findings

A. Current Year Findings – Financial Statement Audit

No findings were noted on the City’s financial statement audit for the year ended June 30, 2022.

B. Prior Year Findings – Financial Statement Audit

No findings were noted on the City’s financial statement audit for the year ended June 30, 2021.

Section III – Federal Award Findings

A. Current Year Findings and Questioned Costs – Major Federal Award Program Audit

No findings or questioned costs we re noted on the City’s major federal programs for the year ended June 30, 2022.

B. Prior Year Findings and Questioned Costs – Major Federal Award Program Audit

No findings or questioned costs we re noted on the City’s major federal programs for the year ended June 30, 2021.

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 10-1711 File ID: 23-7227 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Attorney's Office
MEETING DATE: February 21, 2023
SUBJECT:
1654 S. Grant St. Unit #2 – Property Owner Appeal of Permanent Relocation Benefits RECOMMENDATION:

Adopt a Statement of Decision denying the appeal and upholding the notice to reimburse the City for permanent relocation benefits to a tenant who resides at 1654 S. Grant Street, Unit #2.

BACKGROUND:

On February 6, 2023, the City Council conducted a hearing on the appeal from a notice compelling the property owner of 1654 S. Grant St., Unit # 2, to reimburse the City for permanent relocation benefits distributed to a tenant due to unlawful substandard living conditions. The notice was issued pursuant to San Mateo Municipal Code Chapter 7.50 (Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units). The City Council denied the appeal and directed staff to prepare a written Statement of Decision for its adoption on the Consent Calendar at the February 21, 2023 City Council Regular Meeting. The written statement explaining the legal and factual basis for the Council's decision is included with this report as Attachment 1.

BUDGET IMPACT:

There is no budget impact related to this report. The money used to provide relocation benefits by the City was from the Emergency Relocation Assistance Fund that was established to advance tenant assistance in urgent situations.

ENVIRONMENTAL DETERMINATION:

This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Statement of Decision Denying Appeal

STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020

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9 Statement of Decision by the San Mateo City Council in the matter of the Property Owner Appeal of the Notice to Pay Relocation Benefits
(1654 S. Grant Street, Unit #2)
Section 1. Introduction
San Mateo Municipal Code (SMMC) Section 7.50.030(a) requires property owners to pay for the relocation of their tenants when the tenants are displaced by City code enforcement activities in response to substandard housing conditions. SMMC Section 7.50.030(b) specifies instances where tenants are not considered displaced due to code enforcement activities, such as when the noncomplying condition(s) was created by the tenant household or the tenant’s guests and not created by the property owner, or the condition existed at the time the tenant household occupied the premises and the tenant occupied the premises for the purpose of receiving relocation benefits. In addition, pursuant to SMMC Section 7.50.030(b)(4), a tenant household is not deemed displaced if the noncomplying conditions are corrected prior to the time the tenant household has taken definitive steps to move. SMMC Section 7.50.100 provides that property owners may contest a decision regarding relocation payments by appealing to the City Council.

In this case, City Code Enforcement staff received a complaint of cockroaches, rats, mold and electrical issues at 1654 S. Grant Street, Unit #2 (the Property). Staff inspected the Property and observed multiple substandard conditions. Staff subsequently issued notices requiring Lydia Candila (Property Owner) to correct the substandard conditions with reasonable deadlines. When the Property Owner failed to meet these deadlines, the City then issued a notice declaring these conditions to be substandard, ordered the Property to be vacated, and ordered the Property Owner to pay Erika Aguilar, and her household (the Tenant) specified relocation benefits. Upon finding the Tenant had relocated without receiving relocation benefits from the Property Owner, the City advanced relocation benefits to the Tenant as authorized by SMMC Section 7.50.070, and invoiced the Property Owner. The Property Owner appealed and, after conducting a hearing on the matter, the City Council denied the appeal and directed staff to return to the Council with a Statement of Decision for formal adoption.

SMMC Section 7.50.100(c)(1) requires, in relevant part, that “the City Council shall issue a written decision to uphold or cancel all or part of the decision, order, or determination regarding relocation benefits… and shall state the reasons for that decision,” and that “[t]he decision of the City Council shall include findings regarding the evidence in the record and submitted at the hearing, as well as the existence of any proper grounds for the order to pay relocation benefits or the notice of penalty or fine.” This statement of decision is issued pursuant to these requirements.

Section 2. Applicable Law
SMMC Section 7.50.030 provides, in relevant part, as follows:
a) A tenant household shall be eligible for relocation payments from a property owner under this chapter if the tenant household is displaced from its dwelling or room due to the City's code enforcement activities. For purposes of this chapter, a tenant household shall be deemed to be displaced from its dwelling or room due to code enforcement activities in either of the following circumstances:

1. The tenant household vacates its dwelling or room (whether or not the property owner requires vacation) after (a) the City or a court has issued a notice to vacate, notice to abate life- threatening condition, or declaration of substandard condition covering that dwelling or room, and (b) the abatement period has expired without correction of the noncomplying condition (if a time period to abate the noncomplying condition is specified in such notice or declaration and

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9 the City or court does not order earlier vacation).
b) Notwithstanding subsection (a) above, pursuant to subsection (b), a tenant household shall not be deemed displaced due to code enforcement activities in any of the following cases:

2. The property owner demonstrates to the satisfaction of the Director that the noncomplying condition was created by the tenant household or the tenant household's guests or invitees, and was not created by the property owner or the property owner's agent, or that the condition giving rise to the code enforcement activities existed at the time that the tenant household occupied the dwelling or room and that the tenant household occupied the dwelling or room for the purpose of receiving relocation benefits;

4. All noncomplying conditions are corrected, as determined by the City, prior to the time the tenant household has taken definitive steps to move from the dwelling or room; SMMC Section 7.50.070 provides, in relevant part, as follows:
(a) The City, in its sole discretion and subject to funding availability, may make any of the payments required of a property owner under this chapter, including advancing eligible tenant household(s) reimbursable "moving expenses" and "temporary housing accommodations costs" as each of these terms are defined below in section 7.50.090(b). Such payments shall continue to be an obligation of the property owner and shall be reimbursed by the property owner to the City. The City may consider making such payments in its own discretion or if a tenant household makes a written request to the Department following a property owner's failure to pay the required payments within the period mandated under section 7.50.060, but in no event later than sixty (60) days following the tenant household's vacation of the dwelling or room. Prior to any City payment to a tenant household, the Director shall make a determination regarding the eligibility of the tenant household for relocation payments. The Department will make reasonable efforts to contact a representative of the property owner prior to making the determination or authorizing the City's payment. However, failure to give prior notice to the property owner shall not relieve the property owner of any obligations under this chapter.

SMMC Section 7.50.020 provides as follows:
“Permanent displacement” means the vacating of a dwelling or room by a tenant household due to code enforcement activities when that dwelling or room (or an equivalent dwelling or room in the building or complex), in the judgment of the Enforcement Officer, cannot foreseeably be brought into code compliance or will not otherwise be available for re-occupancy by the tenant household within ninety (90) days from the date of vacating; or when the tenant household and the property owner have agreed that the displacement shall be permanent.
"Temporary displacement" means the vacating of a dwelling or room by a tenant household due to code enforcement activities when that dwelling or room (or an equivalent dwelling or room in the same building or complex) will foreseeably be brought into code compliance and be available for re-occupancy by the tenant household within ninety (90) days from the date of vacating; or when the tenant household and property owner have otherwise agreed that the displacement shall be considered temporary. "Tenant household" means one or more individuals who rent or lease a dwelling or room as their primary residence and who share living expenses.

Section 3. Evidence Presented
At the hearing on this matter, City staff presented documentary evidence and testimony to establish the

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9 following:
a) The Property is a two-bedroom unit with seven occupants consisting of four adults and three children. In 2019, Code Enforcement had a case on this same unit relating to visible mold and lack of heat.
b) On August 31, 2022, Code Enforcement staff received a complaint of substandard conditions existing at the Property consisting of cockroaches, rats, mold and electrical issues. On this same day, Code Enforcement Officer II (CEO) Kristen Aiu responded to the site to inspect the Property. During the inspection, CEO Aiu observed the following conditions:

1. Visible mold in one of the bedrooms and bathroom.

2. Cockroaches and evidence of rodents in the kitchen area.

3. Inoperable smoke detectors.

4. Lack of hot water in the kitchen sink.

CEO Aiu subsequently issued a Warning Letter to Abate a Public Nuisance to the Property Owner detailing the observed substandard conditions requiring compliance by September 6, 2022. c) On September 6, 2022, CEO Aiu informed the Property Owner that certified mold and pest control inspectors were needed to abate the substandard conditions. d) On September 8, 2022, CEO Aiu issued a Final Notice to Abate a Public Nuisance detailing the observed substandard conditions and requiring compliance by September 15, 2022. e) On September 29, 2022, CEO Aiu issued a Warning Letter to Abate a Public Nuisance and Declaration of Substandard Dwelling Condition and Notice to Vacate. This instant Notice detailed the substandard conditions and required the Property Owner to submit a remediation report from a certified environmental hygienist and a pest control report by no later than 4:00pm on October 6, 2022. The Notice further explained that the Property Owner will be required to pay the Tenant temporary relocation benefits if the reports are not received by October 6, 2022. f) On October 18, 2022, the aforementioned reports had not yet been provided, and the Community Department Development Director (Director) determined that the Property could not foreseeably be brought into code compliance within 90 days from the date of an order to vacate due to a lack of cooperation and progress by the Property Owner. Therefore, the Tenant would be considered permanently displaced due to the substandard living conditions and would be eligible for permanent relocation benefits. The Director then made arrangements for the City to advance permanent relocation benefits to the Tenant pursuant to SMMC Section 7.50.070. g) On October 31, 2022, the Property Owner provided a mold report from Pure Environment stating all biological pathogens in the air and on surfaces were cleared. h) On November 1, 2022, CEO Aiu conducted an inspection of the Property and observed visible mold and cockroaches and the Property remained substandard. CEO Aiu noted that the prevalence of visible mold and cockroaches appeared to have increased since her last inspection. i) On November 12, 2022, the Tenant notified the City that they had moved to a hotel, although they had hoped to remain at the Property.

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9 j) On November 15, 2022, the City issued a permanent relocation check to the Tenant and a notice to the Property Owner that she was required to reimburse the City in the following amounts:

1. The HUD rate for a two-bedroom unit for three months ($3,198 x 3) = $9,594.

2. An immediate vacation allowance of $1,000.

3. The total sum of the permanent relocation costs in the amount of $10,594.

Section 4. Defenses Asserted
At the hearing on this matter, the Property Owner argued that she was not required to pay the relocation costs charged on the following grounds:
a) The Property was in good condition when the Tenants moved in and responded appropriately to needed repairs.
b) The Tenant was responsible for damage to the Property, resulting in the Property Owner having to expend approximately $15,000 to repair.
c) The Property Owner corrected all noncomplying conditions, including submitting a mold report and engaging pest control services.
d) The Property Owner had difficulty finding a company to treat mold at the Property. The company she hired guaranteed its results.
e) In 2019, the Property Owner remodeled the rooms at the Property and replaced drywall containing mold.

Section 5. Findings of Fact
Based upon the evidence presented at the hearing on this matter, the City Council makes the following findings of fact:
a) The Property is a two-bedroom unit with seven occupants consisting of four adults and three children. In 2019, Code Enforcement had a case on this same unit relating to visible mold and lack of heat.
b) On August 31, 2022, Code Enforcement staff received a complaint of substandard conditions existing at the Property consisting of cockroaches, rats, mold and electrical issues. On this same day, Code Enforcement Officer II (CEO) Kristen Aiu responded to the site to inspect the Property. During the inspection, CEO Aiu observed the following conditions:

1. Visible mold in one of the bedrooms and bathroom.

2. Cockroaches and evidence of rodents in the kitchen area.

3. Inoperable smoke detectors.

4. Lack of hot water in the kitchen sink.

CEO Aiu subsequently issued a Warning Letter to Abate a Public Nuisance to the Property Owner detailing the observed substandard conditions requiring compliance by September 6, 2022. c) On September 6, 2022, CEO Aiu informed the Property Owner that certified mold and pest control inspectors were needed to abate the substandard conditions.

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9 d) On September 8, 2022, CEO Aiu issued a Final Notice to Abate a Public Nuisance detailing the observed substandard conditions and requiring compliance by September 15, 2022. e) On September 29, 2022, CEO Aiu issued a Warning Letter to Abate a Public Nuisance and Declaration of Substandard Dwelling Condition and Notice to Vacate. This instant Notice detailed the substandard conditions and required the Property Owner to submit a remediation report from a certified environmental hygienist and a pest control report by no later than 4:00pm on October 6, 2022. The Notice further explained that the Property Owner will be required to pay the Tenant temporary relocation benefits if the reports are not received by October 6, 2022. f) On October 18, 2022, the aforementioned reports had not yet been provided, and the Community Department Development Director (Director) determined that the Property could not foreseeably be brought into code compliance within 90 days from the date of an order to vacate due to a lack of cooperation and progress by the Property Owner. Therefore, the Tenant would be considered permanently displaced due to the substandard living conditions and would be eligible for permanent relocation benefits. The Director then made arrangements for the City to advance permanent relocation benefits to the Tenant pursuant to SMMC Section 7.50.070. g) On October 31, 2022, the Property Owner provided a mold report from Pure Environment stating all biological pathogens in the air and on surfaces were cleared. h) On November 1, 2022, CEO Aiu conducted an inspection of the Property and observed visible mold and cockroaches and the Property remained substandard. CEO Aiu noted that the prevalence of visible mold and cockroaches had increased since her last inspection. i) On November 12, 2022, the Tenant notified the City that they had moved to a hotel, although they had hoped to remain at the Property.
j) On November 15, 2022, the City issued a permanent relocation check to the Tenant and a notice to the Property Owner that she was required to reimburse the City in the following amounts:

1. The HUD rate for a two-bedroom unit for three months ($3,198 x 3) = $9,594.

2. An immediate vacation allowance of $1,000.

3. The total sum of the permanent relocation costs of $10,594. k) The HUD rate is the correct measure for a two-bedroom unit pursuant to SMMC Section 7.50.090(a). l) Visible mold remained after treatment as observed by CEO Aiu on November 1, 2022. m) In 2019, the Property was the subject of a Code Enforcement case relating to mold.

Section 6. Conclusion
Based upon the findings above, the City Council denies the appeal of the Property Owner and affirms the notice and invoice ordering the Property Owner to reimburse the City of San Mateo in the amount of $10,594 for relocation expenses inclusive of an immediate vacation allowance.

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9 Section 7.

The Property Owner (Lydia Candila), as the appellant, is informed that the time within which judicial review of this decision may be sought is governed by Section 1094.6 of the California Code of Civil Procedure.

Amourence Lee, Mayor Date

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: OLD BUSINESS Account Number: 10-1511 File ID: 23-7161 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: February 21, 2023
SUBJECT:

Youth Commissioners to the Park and Recreation Commission – Ordinance Introduction RECOMMENDATION:

Introduce an ordinance to amend San Mateo Municipal Code Chapter 2.27 “Park and Recreation Commission” to provide for Council appointment of two non-voting youth advisory members.

BACKGROUND:

A City Council objective for fiscal year 2022-23 is to “research practices in other jurisdictions that have youth representation on Boards and Commissions; to analyze best practices; develop policy options for implementing enhanced youth participation in the City’s decision-making process.” The City Charter contains several requirements for members of City boards and commissions created by ordinance or the Charter.

Members are appointed by the Council and while serving must possess the same qualifications under the Charter for election or appointment to the Council. Charter §6.05. Councilmembers must be a qualified elector and resident of the City and must have continuously lived in the City for 30 days immediately preceding the appointment. Charter §2.01(b).

Qualified electors are U.S. citizens at least 18 years of age, under state law. Elec. §321. As such, applicants to boards and commissions must be at least 18 years old.

Charter section 6.05 contains a number of additional requirements. For example, the membership of a particular board or commission cannot exceed the number of Councilmembers, unless the ordinance establishing the additional number is approved by the voters or a unanimous vote of the Council. Also, members of boards and commissions are appointed for terms of four years, except to allow for staggered terms of the initial members of a body. Finally, board and commission members are limited to serving two consecutive four-year terms, except that partial terms do not count towards the term limit.

The Park and Recreation Commission consists of five (5) commissioners appointed by the Council. Each member of the Park and Recreation Commission serves a term at the pleasure of the Council of four years and until the appointment and qualification of a successor.

On October 3, 2023, staff presented a practice adopted by the City of Belmont to increase youth involvement in Boards and Commissions and received direction from Council to follow the City of Belmont model by adding two youth non-voting members to the Park and Recreation Commission.

The two non-voting youth advisory members must be at least 13 years old, and no more than 17 years old at the time of

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appointment (“youth commissioners”). They must present written documentation of parental or guardian consent to be considered for appointment, and if appointed would not count towards a quorum. Like other members of the commission, youth advisory members would serve at the pleasure of the Council.

Under this proposal, youth commissioners would be appointed for one year but could be reappointed for an additional one-year term. The youth commissioners would not be “members” for purposes of the Charter but would instead serve as non-voting advisory members. Thus, a unanimous Council vote is not required to introduce and adopt the ordinance, and youth commissioners could serve for less than a four-year term.

The City currently offers opportunities for youth engagement in local government through the Youth Activities Council (YAC), which seeks to provide a voice for youth in the community and offers opportunities for civic engagement and youth advocacy. YAC members are required to be a resident of the City of San Mateo or student attending a high school in San Mateo; entering 9th through 12th grade by the beginning of each fall term; and willing to attend monthly meetings and events.

BUDGET IMPACT:

There is no budget impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

This ordinance introduction is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Ordinance

STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044

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THE FOLLOWING PUBLIC

COMMENTS WERE SUBMITTED

FOLLOWING THE PUBLICATION

OF THE AGENDA PACKET

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From: Isabelle Escobar
Sent: Saturday, February 18, 2023 5:41:23 PM
To: City Council (San Mateo) <[email protected]> Subject: Amending San Mateo Municipal Code Chapter 2.27 “Park and Recreation Commission Dear San Mateo Council,
My name is Isabelle Escobar, I am writing in support to amend the ordinance San Mateo Municipal Code Chapter 2.27 “Park and Recreation Commission” to ensure the appointment of two non voting youth advisory or ex-officio members to the council as this will provide more input of San Mateo youth

on commission board, ensuring more youth
representation across commission boards. We ask that you further include youth members on the Community Relations Commision, Sustainability and Infrastructure Commision, and Library Board commision, in following to Parks and Recreation commission.

In order to adhere to the creation of more youth voices in San Mateo will collectively help ensure a different perspective on issues that concern youth in San Mateo. Discussing how they feel on pressing issues and what they believe can ensure the conversation includes youth when deciding on factors concerning youth. Having youth representation can help decipher how youth can benefit on issues that can be comprehended from a perspective only youth could understand. To fully incorporate youth into the community, knowing you can truly benefit them when you know what youth actually want and need. We ask you to further consider amending the ordinance to include more youth voices.

Thank you,
-Isabelle Escobar

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CITY OF SAN MATEO

DRAFT ORDINANCE
An Ordinance amending San Mateo Municipal Code Chapter 2.27 to amend the organization of the Park and Recreation Commission to include two non-voting youth advisory members (youth commissioners).

WHEREAS, San Mateo Municipal Code Chapter 2.27 establishes that the San Mateo Park and Recreation Commission shall consist of five members appointed by the City Council; and WHEREAS, the City Council Strategic Plan for fiscal year 2022-23 included exploring the expanding of youth participation and representation on Boards and Commissions; and WHEREAS, on October 3, 2022, the City Council provided direction during a special meeting to add non- voting youth members to the Park and Recreation Commission.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Section 2.27.010 and Section 2.27.020 of the San Mateo Municipal Code are amended as follows:

Chapter 2.27

PARK AND RECREATION COMMISSION

2.27.010 ORGANIZATION.

A park and recreation commission shall continue as heretofore established in and for the City, to be known and designated as the "San Mateo park and recreation commission." It shall consist of five members appointed by the Council, and two non-voting youth advisory members who must be at least 13 years old, and no more than 17 years old at the time of appointment (“Youth Commissioners”). Youth Commissioners must present written documentation of parental or guardian consent to be considered for appointment. Youth commissioners shall serve only in an advisory capacity and shall not count towards a quorum of the commission.

Each member of the commission shall serve at the pleasure of the Council for a term of four years and until the appointment and qualification of a successor. Each Youth Commissioner shall serve at the pleasure of the Council for a term of one year and until the appointment and qualification of a successor. Youth Commissioners may be reappointed for one additional one-year term.

2.27.020 MEETINGS.

The commission shall meet monthly at a time and place to be fixed by it, shall elect a chair and vice- chair, and may adopt rules for its proceedings. It may hold special meetings upon call of the chair or two members upon written notice as required by the public meeting law.

Section 2. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15378(b)(5).), this action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

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Section 3. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 4. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 5. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

Place attachments here

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: OLD BUSINESS Account Number: 10-1311 File ID: 23-7208 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: February 21, 2023
SUBJECT:

Winter Storm Flood Relief Fund – Appropriation and Agreement RECOMMENDATION:

Adopt a Resolution to appropriate $150,000 from the General Fund's unassigned fund balance to the City Manager's Office operating budget to fund the City's contribution to a winter storm flood disaster relief fund; to authorize the waiver of related permitting fees; and authorize the City Manager to enter into an agreement with Samaritan House to review relief request applications and distribute funding in substantially the form presented.

BACKGROUND:

At its February 6, 2023 meeting, the City Council provided direction to staff regarding the establishment of a City-funded disaster relief fund for winter storm damage. This direction included the amount of the City contribution, that a third party would be best suited to distribute the funding, and the eligibility and criteria for receiving funding. These items are all discussed in more detail below.

City Contribution
Council has authorized a General Fund contribution of $150,000 for the disaster relief fund. Additionally, the Council has authorized any permitting fees related to winter storm flood damage be waived, such as building permit and inspection fees. The fee waiver would apply to winter storm flood damage that occurred during the period of December 31, 2022 through January 16, 2023, which is when the most intense storm events took place. It has been determined that waiving these fees will not require an additional contribution from the General Fund above the $150,000 provided for direct relief to flood victims.

Distribution of Funds
Based on staff’s recommendation, Council directed that a third party should receive applications for relief and distribute the funding. Based on prior experience in this area, it was determined that Samaritan House would be the best candidate for this job. Samaritan House has agreed to receive and review applications for flood relief and distribute funding based on criteria set by the City. The agreement with Samaritan House is included as Attachment 2. Exhibit 1 to Attachment 2 is the criteria document for Samaritan House to utilize when reviewing applications. This document lists the types of damages that are eligible for relief funding, but it is not intended to be an exhaustive list and Samaritan House will have some discretion to address individual circumstances not covered in the criteria document.

Eligibility and Funding Criteria
Council determined that anyone who could substantiate damage at their property would be eligible for relief funding consideration. Substantiation could include receipts for work already done to mitigate damages and/or estimates for work to be done. Council determined there would be three tiers of relief funding offered:

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Tier 1 – Up to $1,000: This tier includes personal property and/or business inventory replacement, as well as any temporary displacement expenses such as hotel or rental car expenses.

Tier 2 – Up to $2,500: This tier includes anything in Tier 1 plus any minor real property damage. Examples of minor real property damage are included in Exhibit 1 to Attachment 2.

Tier 3 – Up to $5,000: This tier includes anything in Tier 1 and Tier 2 plus any major real property damage. Examples of major real property damage are included in Exhibit 1 to Attachment 2.

The intent of the relief fund is to provide some cost offset to damages from the winter storm flooding, and the maximum total amount of relief available is $5,000 per household or business. Applicants will apply for either Tier 1 relief, Tier 2 relief, or Tier 3 relief. Council also determined that funding should be distributed on a lottery basis after an application period. Staff recommends a 30-day application period that includes City outreach about the relief fund and application.

BUDGET IMPACT:

Based on an evaluation of the City's finances at mid-year, it was determined that the City's contribution of $150,000 to this relief fund could be made without a detrimental effect on short- or long-term operations or on the Capital Improvement Plan. Accordingly, a resolution to appropriate $150,000 from the General Fund's unassigned fund balance has been included as Attachment 1. Samaritan House will charge up to 12% (~18,000) to administer this funding for the City. Unless otherwise directed by Council, Samaritan House’s fee will be netted out of the City’s $150,000 contribution.

ENVIRONMENTAL DETERMINATION:

This resolution and agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Agreement

STAFF CONTACT
Drew Corbett, City Manager
[email protected]
(650) 522-7002

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CITY OF SAN MATEO
RESOLUTION NO. _____ (2023)
APPROVING AN AMENDMENT TO THE 2022-23 BUDGET TO APPROPRIATE $150,000 FROM THE GENERAL FUND’S UNASSIGNED FUND BALANCE TO PROVIDE FUNDING FOR THE 2022-23 WINTER STORM DAMAGE

DISASTER RELIEF FUND, AND AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN FEES FOR THE REPAIR OR REBUILDING OF STRUCTURES THAT WERE DAMAGED OR DESTROYED DUE TO 2022-23 WINTER STORMS DURING THE PERIOD OF DECEMBER 31, 2022 THROUGH JANUARY 16, 2023 WHEREAS, winter storms in late December 2022 and early January 2023 caused flooding and other damage to residents and businesses in San Mateo; and
WHEREAS, at its February 6, 2023 regular meeting, Council provided direction and guidance related to funding a winter storm relief fund to assist residents and businesses with expenditures related to winter storm damage; and
WHEREAS, section 5.13(a) of the City Charter requires Council approval by resolution for supplemental appropriations to the City’s budget; and
WHEREAS, as detailed in the accompanying administrative report, a budget amendment is necessary to appropriate funding for the 2022-23 Winter Storm Damage Disaster Relief Fund; and WHEREAS, the impact of amending the operating budget as detailed and recommended in the accompanying administrative report has been considered in the City’s financial forecast; and WHEREAS, these appropriated funds will be provided to Samaritan House to administer the 2022-23 Winter Storm Damage Disaster Relief Fund.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, RESOLVES that:

1. Adoption and implementation of this resolution is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment. In addition, adoption and implementation of this resolution is exempt under CEQA Guidelines section 15064(e), which exempts purely economic regulations, and under Public Resources Code Section 21080(b)(4), which addresses actions to mitigate or prevent an emergency.

2. The supplemental modification to the 2022-23 budget, set forth below, is approved:
a. Appropriate $150,000 of unassigned fund balance from the General Fund and increase the City Manager’s Office 2022-23 operating budget within the General Fund by $150,000 for outside contract costs; and
b. Provide those funds to Samaritan House to administer this program on the City’s behalf.

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3. Fee Waiver for Structures Damaged or Destroyed by 2022-23 Winter Storm Events. Notwithstanding any City Council resolution to the contrary, the City Manager or designee is authorized to waive permit fees for an applicant who is repairing or rebuilding legally built structures that have been damaged or destroyed due to any storm(s) that occurred from December 31, 2022 through January 16, 2023. The fee waiver shall not apply to any portion of a new structure which exceeds the square footage of the structure which is being repaired or replaced.

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Contract for Services Page 1 of 10
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AGREEMENT WITH SAMARITAN HOUSE

FOR ADMINISTRATIVE AND FINANCIAL SERVICES
FOR

WINTER STORM FLOOD DAMAGE DISASTER RELIEF FUND
This Agreement, made and entered into this day of____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and Samaritan House, a non-profit corporation, ("CONTRACTOR"), whose address is 4031 Pacific Boulevard, San Mateo, CA 94403.

RECITALS:

A. CITY desires certain administrative and financial services regarding the operation of a Winter Storm Flood Damage Disaster Relief Fund, as hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these administrative and financial services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
.

The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.

SECTION 2 - DUTIES OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.

CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.

CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'S work.

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on February 22, 2023 and be completed no later than December 31, 2023.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount of up to $18,000, pursuant to rates stated in Exhibit B, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.

SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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SECTION 10 - CONTRACTOR'S STATUS
It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - INDEMNITY
CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONTRACTOR’S duty to indemnify shall survive expiration or early termination of this Agreement.

SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.

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SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

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SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Drew Corbett
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONTRACTOR: Samaritan House
Attn: Jolie Bou/La Trice Taylor
4031 Pacific Boulevard
San Mateo, CA 94403
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and Samaritan House have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Drew Corbett
City Manager
Date <Insert Name>
Its Authorized Agent
<Insert Title>
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Prasanna W. Rasiah
City Attorney
Date <Insert Name>
<Insert Title>
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES
Utilizing City-provided written eligibility criteria, Samaritan House will administer disaster relief funding as follows:
•Create an application that will allow Samaritan House to gather the necessary information to evaluate applicant eligibility
oApplication should be available in English, Spanish, and simplified Chinese •Post the application to a webpage on the Samaritan House website along with any other pertinent information about the program, including but not limited to, the application deadline, the selection criteria, and the notification process
oCity will also include this information on its website with a direct link to the Samaritan House website
oCity will also advertise this program across its various communications channels •Accept applications for a 30-day period
•Review applications for eligibility and, after the application period closes, hold a lottery to determine which eligible applications will receive funding oSamaritan House will determine the specifics of the lottery process •Notify applicants of their status and distribute funding to applicants selected to receive funding. •Notify City of the names of selected applicants, their address, the amount of funding provided, and the personal property or real property damage for which funding was provided •As of December 10, 2023, if there is any amount remaining of the funds provided by City to Samaritan House to administer under this Agreement, then Samaritan House shall return those funds to the City no later then December 31, 2023

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EXHIBIT B

PAYMENT RATES
Samaritan House will charge the City of San Mateo an administrative fee for providing these services of up to 12% (or $18,000) of the funding provided by the City.

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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3.Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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CRITERIA FOR PROPERTIES

ELIGIBLE FOR WINTER STORM DAMAGE RELIEF PROGRAM
TIER 1 – Up to $1,000
•Repair or replacement of personal property.
•Repair or replacement of business property and/or inventory. •Costs incurred for temporary displacement, including but not limited to: hotel, rental car, and meal expenses.

TIER 2 – Up to $2,500
•Anything in Tier 1, plus
oRepairs and clean up of minor damage, no permit required; examples include:
•Removing and disposing damaged contents, flooring (hardwood, linoleum, carpeting), etc.
•Mold remediation, hosing, scrubbing, or cleaning floors, walls, ductwork; removing debris in flooded areas.
•Painting, flooring, carpeting, tiling, and other finishes as a result of flood damage. •Fences and landscape, driveway repairs, mud slide clean up and repairs. •Covering holes in roofs or walls and covering windows to prevent weather from inflicting further damage.
•Making the building safe to enter by removing sagging ceilings, shoring up broken foundations, and other work.
oRepairs of minor damage that require a permit; express permit can be issued over-the- counter and no plans are required, however, inspections are; examples include:
•Replacing/repairing damaged permanently affixed appliances, e.g. water heaters, AC units, furnaces.
•Replacing/repairing damaged roofing, drywall, insulation, siding, stucco, paneling, cabinets, flooring, deck planks.
•Replacing/repairing damaged windows, doors, and skylights. •Replacing/repairing damaged electrical systems, plumbing, and HVAC ducts in crawl spaces.

TIER 3 – Up to $5,000
•Anything in Tier 1 or Tier 2, plus
oRepairs of major damage that require a building permit, plans and structural review, and inspections; examples include:
•Structural alterations such as replacing/repairing floor framing, wall studs, deck framing and roof framing as a result of winter storm damage. •Foundation work such as replacing/repairing damaged concrete footings, retaining walls, basements, and concrete piers.

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•Substantially damaged buildings with damage more than 50% of market value of existing structure. Buildings in this category need to comply with San Mateo Municipal Code section 23.33 (Floodplain Management).

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: NEW BUSINESS Account Number: 10-2312 File ID: 23-7159 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: February 21, 2023
SUBJECT:

City Manager, City Attorney, Department Head and Deputy Director Compensation Plan – Amendment RECOMMENDATION:

Adopt a Resolution to amend the Compensation Plan to include salary increases for department heads and deputy directors and add the Executive Leave benefit to accrue forty-eight (48) hours per year of executive leave for department heads, effective March 5, 2023.

BACKGROUND:

The City Council determines the salary and benefits compensation for employees. The department heads and deputy directors are not represented by a bargaining group, and their salary ranges are determined by the City Council.

The department heads are at-will positions and serve at the pleasure of the City Manager. The deputy director classifications are in the competitive service as defined by Municipal Code Chapter 2.57. Department heads and deputy directors last received increases to their salary ranges on March 6, 2022.

The process to develop the General Fund Long-Term Financial Plan and the 2021-22 adopted budget included a focus on the sustainability of ongoing spending commitments. As a result of the California Public Employees’ Retirement System (CalPERS) investment losses for the fiscal year ended June 30, 2022, pension contributions are projected to increase by $10 million per year starting in fiscal year 2024-25, which impacts the General Fund’s capacity to devote to competing resource demands.

Prior to the pandemic, the City’s General Fund Long-Term Financial Plan assumed annual employee salary increases of two percent (2%). Due to sudden and severe impact to transient occupancy tax and sales tax revenue caused by the COVID-19 pandemic, the City chose to tap into the Rainy-Day fund to prevent layoffs and conduct concessions bargaining.

Department heads and deputy directors were the first group of employees to forgo salary increases in fiscal years 2020 and 2021 to support the Financial Stability Plan. The 2021-22 mid-year budget update presented to the City Council on April 18, 2022, projected additional General Fund revenues of $15.7 million and decreased expenditures of $2.8 million, which provided resources to support salary increases. As such, the City Council adopted a resolution to commit $10 million of unassigned fund balance in the General Fund; $5.5 million of which was for the cost of negotiated increases to employee compensation.

The adopted 2022-23 budget assumed four percent (4%) salary increases for department heads and deputy directors in alignment with the concessions bargaining for those units, including department heads and deputy directors, albeit effective at a later date than what is recommended in the proposed resolution. The total budgetary impact for the proposed effective date is an additional $61,700, of which the General Fund’s allocated share would be $47,400.

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CITY OF SAN MATEO
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Therefore, the proposed resolution recommends a four (4%) increase effective March 5, 2023, to the salary ranges for department heads and deputy directors. The proposed resolution does not amend the salary for City Manager or City Attorney. Pursuant to Municipal Code Section 4.02, the City Council provides for the compensation of all officers and employees and salaries shall be fixed by resolution. Title 2 of the California Code of Regulations (CCR), Section 570.5, requires the City Council to adopt a full salary schedule, as a standalone document detailing the rates of pay for each City classification, and to maintain this salary schedule as a publicly available document for at least five years. CalPERS uses this salary schedule to determine the “compensation earnable” when calculating the monthly pension an individual will receive when they retire. “Compensation earnable” is defined by the Public Employees’ Retirement Law (PERL) Government Code Sections 20636, and 20636.1 as pay rate and special compensation as defined in the statutes.

Deputy directors, similar to the management unit, accrue forty-eight (48) hours per year of executive leave. Executive leave recognizes the deputy directors, who are exempt employees, regularly work more than 40 hours per week.

Department heads, also exempt employees, regularly work more than 40 hours per week. The City looked at equity between deputy directors and department heads and concluded that providing department heads with the same forty- eight (48) hours per year of executive leave based on the hours they work outside regular hours is warranted. Based on the language in their respective contracts, this provision would not apply to the City Manager but would apply to the City Attorney.

The Executive Leave plan allows for a sell back up to forty (40) hours per calendar year. Should each department head decide to sell back 40 hours of executive leave in a calendar year, it would result in an additional $48,198 in costs.

Therefore, the proposed resolution recommends adding department heads to the Executive Leave benefit to accrue forty- eight (48) hours per year of executive leave, effective March 5, 2023.

BUDGET IMPACT:

Approval of the compensation resolution results in $61,700 in additional cost for the department heads and deputy directors above what was assumed in the adopted 2022-23 budget for the remainder of the fiscal year. Based on the year- end estimates presented during the 2022-23 mid-year budget on February 6, 2023, there should be sufficient operating budget savings to offset the additional cost. As such, no additional budget authority is required.

ENVIRONMENTAL DETERMINATION:

This action is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Exhibit A - City Manager, City Attorney, Department Head, Deputy Director Salary Schedule Att 2 - Track changes City Manager, City Attorney, Department Head, Deputy Director Compensation Plan

STAFF CONTACT
Teresa Abrahamsohn, Director of Human Resources
[email protected]
650.522.7276

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CITY OF SAN MATEO
RESOLUTION NO. ___ (2023)

APPROVING AMENDMENTS TO THE DEPARTMENT HEAD

AND DEPUTY DIRECTOR COMPENSATION PLAN
WHEREAS, the Department Heads and Deputy Directors are not represented by a bargaining group, and compensation is determined by the City Council; and
WHEREAS, executive positions consist of the at-will heads of city departments who serve at the pleasure of the City Manager; and
WHEREAS, Deputy Director classifications are in the competitive service as defined by Municipal Code Chapter 2.57; and
WHEREAS, a consolidated compensation plan specific to the Department Heads and Deputy Directors has been set forth in a resolution; and
WHEREAS, the Adopted 2022-23 Budget assumed four percent (4%) salary increases for Department Heads and Deputy Directors, albeit effective at a later date than March 5, 2023; and WHEREAS, the resolution results in an increase of $61,700 in total compensation for the Department Heads and Deputy Directors for the remainder of the fiscal year.

WHEREAS, the 2021-22 mid-year budget update presented to the City Council on April 18, 2022, projected additional General Fund revenues of $15.7 million and decreased expenditures of $2.8 million, which provided resources to support salary increases; and
WHEREAS; the City Council adopted a resolution on April 18, 2022 to commit $10.0 million of unassigned fund balance in the General Fund; $5.5 million of which was for the cost of negotiated increases to employee compensation; and
WHEREAS: the City looked at equity between Deputy Directors and Department Heads and concluded that providing Department Heads with the same forty-eight (48) hours per year of executive leave based on the hours they work outside regular hours is warranted.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The amendments to the Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan, for Department Head and Deputy Director classifications, are approved as follows:

Salary: 4.0% increase for department heads and deputy directors effective March 5, 2023.

Executive Leave: Department Heads shall accrue forty-eight (48) hours per year of executive leave, on a pay period basis, effective March 5, 2023.

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2. The Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan, including the salaries set forth in Exhibit A Attachment I attached hereto are approved.

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EXHIBIT A

CONSOLIDATED CITY MANAGER, CITY ATTORNEY, DEPARTMENT HEAD AND DEPUTY DIRECTOR

COMPENSATION PLAN
SALARY
Successful employee performance is a key factor in determining compensation.

Salaries have been established for the City Manager and the City Attorney. The current amounts are listed in Attachment 1.

A three-step salary range has been established for each Department Head and Deputy Director classification. The proposed salary ranges with four percent (4%) increases, are listed in Attachment 1.

Salary placement is based upon performance review and experience.

The City Manager is authorized to offer unrepresented management employees or potential unrepresented management employees, on a case by case basis, additional fringe benefits incentives, not to exceed 10% of the position’s base salary.

TEMPORARY UPGRADE PAY
In the event the City Manager determines that it is necessary to assign a Department Head or Deputy Director to perform all of the duties of a higher paid classification for two or more consecutive workweeks, he/she shall receive payment for the higher classification for the entire duration of the assignment. The City Manager shall set the salary within the established salary range. Except with the approval of the City Manager, a temporary upgrade assignment shall not continue for longer than one year.

When an employee performs a significant portion but not all of the duties of a higher paid classification, the employee may petition the City Manager for a differential in pay of up to 10%, to be determined by duties assigned for this work out of class.

EMERGENCY WORK
In the event a City Council declared emergency necessitates the devotion of excessive working time by certain management employees in order to maintain essential public services, the City Manager may authorize overtime on a case-by-case basis. Such authorization shall terminate upon cessation of the City Council declared emergency.

PERSONAL TRAINING
Department Heads and Deputy Directors are encouraged to attend instructional programs, conferences and seminars as available in the department’s budget. If the cost to attend exceeds $2,000, attendance must be pre-approved by the City Manager.

LEAVE ACCRUALS
Employees shall accrue vacation leave, sick leave and holiday leave on a pro-rata basis in proportion to regular hours on the payroll. Credit shall not be received for time off without pay. Vacation leave, sick leave, and holiday credits shall accrue from date of appointment.

Absences of less than four hours shall not be deducted from leave balances. Employees are expected to work a minimum of 40 hours per week, with schedules that may vary from day to day based on workplace needs.

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HOLIDAYS
The holidays to be observed are as follows:

A. New Year's Day, January 1st
B. Martin Luther King's Birthday, 3rd Monday in January C. President's Day, 3rd Monday in February
D. Memorial Day, last Monday in May
E. Independence Day, July 4th
F. Labor Day, 1st Monday in September
G. Veteran's Day, November 11
H. Thanksgiving Day, 4th Thursday in November
I. The day after Thanksgiving
J. Christmas Day, December 25th
K. Every day approved by the City Council as a public holiday, public fast, or a day of mourning L. Three (3) floating holidays to be taken on working days mutually agreeable to the employee and the department. Employees shall accrue twelve (12) hours of floating holiday time during the first full pay period in January and July each year.

If a holiday falls on Sunday, the following Monday shall be observed. If a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. If a holiday falls on one’s regularly scheduled day off, holiday time shall be granted.

In the event holidays fall while an employee is on vacation leave, such holidays shall not be charged as vacation leave.

Employees have a forty (40) hour maximum holiday accumulation.

Realizing that not all Safety Department Heads and Safety Deputy Directors are able to take holidays when they fall, as determined by the City Manager, such managers shall be compensated by being placed on a bi-weekly holiday factor. Holiday leave shall never accumulate to more than eighty (80) hours. Effective with the pay period starting December 29, 2019, such managers shall be compensated by receiving holiday-in-lieu pay at the rate of 5.0% of base pay each pay period.

VACATION
Vacations are essential to the employee's welfare and they are granted by the City to allow employees relaxation and rest from their duties. It is the policy of the City not to allow the excess accumulation of vacation leave. All full-time employees shall be entitled to vacation leave with pay as provided below after completion of continuous service with the City. The time at which an employee may take vacation shall take into consideration the needs of the City.

Employees shall accrue a vacation allowance at the rate of 20 days per year for the first 12 years of service, 22.5 days per year for 13 through 23 years of service, and 25 days per year at the beginning of 24 years of service. The above allowances shall be pro-rated for employees beginning employment or leaving employment with the City during a biweekly pay period.

The City Manager is authorized to provide at-will department heads with vacation accrual based upon the number of years of prior service with public entity employers. The City Manager and City Attorney are provided with this benefit.

The City Manager can provide new Department Heads and Deputy Directors with a balance of up to 80 hours of vacation leave upon hire. The City Manager and City Attorney are provided with this benefit.

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Department Heads and Deputy Directors may not accrue more than two times (2x) their vacation leave.

Employees who leave employment shall be paid the straight-time salary equivalent in a lump sum for all accrued vacation leave earned. Such compensation for prorated vacation of separated employees shall be paid by adding or deducting from his or her final paycheck.

VACATION SELL BACK
An employee may make an irrevocable election to sell back to the City eighty (80) hours of accumulated vacation at the employee’s established rate of pay per calendar year. At the time of election, the employee must already have taken a minimum of two (2) weeks’ vacation in the preceding twelve (12) months.

Requests must be received by Payroll no later than December 31 for the following year elections. No employee can elect to sell back more than their annual vacation accrual. Elected hours not requested for distribution (sell back) by December 1 will be automatically distributed in the next pay period (sell back cannot be more than the hours available at time of distribution).

EXECUTIVE LEAVE
Department Heads and Deputy Directors shall accrue forty-eight (48) hours per year of executive leave, on a pay period basis. Executive leave shall have a maximum balance of eighty (80) hours. Department Heads and Deputy Directors may sell back up to forty (40) hours per calendar year, following the procedures outlined in ‘VACATION SELL BACK’.

A Department Head may recommend to the City Manager that an additional amount of executive leave be authorized for a Deputy Director, up to an additional forty (40) hours. This additional leave may be granted based on excessive hours, the value of the extraordinary effort, and the performance of the employee. The City Manager has full discretion in deciding whether to grant additional leave. In the event that the additional hours take the employee over the eighty (80) hour maximum, they must sell back any hours above the maximum accumulation allowable.

SICK LEAVE
The purpose of sick leave is to continue the compensation of employees who must remain off their jobs because of illness or disability. Such sick leave is a privilege which employees can exercise in the event of his/her bona fide illness or disability or in the event their presence away from work is essential because of illness, death or disability of their immediate family.

For full-time employees, leave shall be accrued at the rate of 3.7 hours for each biweekly pay period (12 days per year). Unused sick leave shall be accumulated. Any employee who is on paid leave shall continue to earn sick leave. An employee who is on leave without pay shall not accrue sick leave. Sick leave shall accrue during an absence due to a work-related disability.

The City Manager can provide new Department Heads and Deputy Directors with up to 80 hours of sick leave upon hire. The City Manager and City Attorney are provided with this benefit.

A Department Head is responsible for determining that only bona fide personal or family sick leave is taken, consistent with standards established by the City. This may include the submission of a doctor’s certificate with prior notice.

Protected Sick Leave
Protected sick leave may be taken and if taken, shall be charged to sick leave, vacation, holiday, or executive leave for the following reasons:

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oThe diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee.
oThe diagnosis, care or treatment of an existing health condition of, or preventative care for, an employee’s family member.
oAn employee who is a victim of domestic violence, sexual assault, or stalking.

Employee family member means parent, spouse, domestic partner, son, daughter, domestic partner’s child, sibling, stepchildren, mother-in-law, father-in-law, grandparents and grandchildren.

Not more than six (6) days of such protected sick leave shall be granted in any one (1) calendar year.

However, if extenuating circumstances exist in the opinion of the City Manager, a reasonable extension of the six (6) day limit may be granted. Any additional leave so granted shall be charged against the worker's sick leave accumulation.

Family Care Leave
In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible workers for up to 12 weeks per rolling 12-month period. The City-wide policy will adhere to applicable Federal and State laws.

Bereavement
In the event of a death in the immediate family, employees may take accrued sick leave of up to three (3) days (two (2) shifts for 56-hour employees), or up to five (5) days at the discretion of the City Manager. Bereavement Leave shall be tracked separately from Protected Sick Leave. In this context, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee at the time of his/her death, stepchild, mother, father, stepmother, stepfather, mother-in- law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

Sick Leave Payout
Upon service or disability retirement, employees shall be paid fifty (50%) of their accrued sick leave up to a maximum of four hundred eighty (480) hours payment; see “DEFERRED COMPENSATION AND RETIREMENT HEALTH SAVINGS ACCOUNT (RHSA)” section for more details. No payments of sick leave shall be due or owed to anyone who is terminated by the City.

DISABILITY LEAVE
The purpose of this Section is to continue the compensation of employees who must remain off their jobs as a result of disability occasioned or injury received as a result of the discharge of their duties as employees of the City. The Department Head is responsible for determining that only bona fide disability leave is taken.

For each disability, employees shall be allowed disability leave up to and including sixty (60) working days. Such disability leave shall be at full pay, less the amount paid by Workers' Compensation.

Disability in excess of that provided in this Section shall be compensated for only under the provisions of the Workers' Compensation Act of the State of California If the sixty (60) working days is exhausted, additional time off may be charged to sick leave with the following exception; employees shall not be charged sick leave for that portion of their salary for which temporary disability payments are received under the State Worker's Compensation Law.

Additional compensation may be awarded by Resolution of the City Council to employees disabled or injured in line of duty, if recommended by the City Manager.

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JURY LEAVE
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee notifies their Department Head immediately of the notice of jury duty.

MILITARY LEAVE
Military leave shall be granted by the City in accordance with the provisions of State and Federal laws.

LEAVE OF ABSENCE WITHOUT PAY
Regardless of the combination of paid and unpaid leave used, a leave of absence shall not exceed twelve (12) months in duration, unless otherwise required by law.

Leaves of absence may be granted in cases of illness; in cases of personal emergencies, including childbirth; for education and training; or when such absences would not be contrary to the best interests of the City. Any request for leave of absence shall be made in writing for review and approval by the City Manager.

LONG TERM DISABILITY INSURANCE
The City shall provide long-term disability insurance providing for a sixty (60) day elimination period, subject to prior exhaustion of accrued sick leave or other applicable benefits, and payment of a monthly benefit equivalent to sixty-six and two-thirds percent (66 ⅔%) of full basic monthly salary less any deductible benefits.

SOCIAL SECURITY
Social Security for miscellaneous employees is paid equally by the City and the employee at 6.2% on the Social Security Wage Base. Safety employees hired on or after April 1, 1986 pay 1.45% as the Medicare cost of Social Security.

RETIREMENT
Retirement benefits shall be compensated for under applicable legislation pertaining to the California Public Employees’ Retirement System (CalPERS). The City currently provides the following retirement benefits:

Safety
o3% @ 50 Formula with Single Highest Year Final Compensation for safety employees hired before December 9, 2012.
o3% @ 55 Formula with highest average annual pensionable compensation earned during 36 consecutive months of service for “classic” members hired on or after December 9, 2012. o2.7% @ 57 Formula with highest average annual pensionable compensation earned during 36 consecutive months of service for “new” members hired on or after January 1, 2013. o1959 Survivor Benefit Level 4
oCOLA 2% in retirement
oDeath Benefit (DB) Continues (spouse continues to get DB after remarriage) oPre-Retirement Option 2 DB (If retirement eligible employee dies prior to retirement, spouse can elect to get ongoing retirement benefits)
oMilitary Service Buyback
oRetired Death Benefit (DB) $500
oPrior Service Credit
oPeace Corps: VISTA Buyback

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Classic members with the 3% @ 50 Formula or 3% @ 55 Formula pay 50% of the total normal cost rate.

The contributions toward employer rate will be pre-tax under 414(h)2. New members of PERS hired after January 1, 2013 with the 2.7% @ 57 Formula pay 50% of the normal cost rate. The contributions toward employer rate will be pre-tax under 414(h)2.

Miscellaneous
o2% @ 55 Formula with single highest year compensation for “classic members” hired before December 9, 2012
o2% @ 55 Formula with three-year final compensation for “classic members” hired on or after December 9, 2012
o2% @ 62 Formula with three-year final compensation for “new members” hired on or after January 1, 2013
oSocial Security Coverage
oCOLA 2% in retirement
oDeath Benefit (DB) Continues (spouse continues to get DB after remarriage) oPre-Retirement Option 2 DB (If retirement eligible employee dies prior to retirement, spouse can elect to get ongoing retirement benefits)
oMilitary Service Buyback
oRetired Death Benefit (DB) $500
oPrior Service Credit
oPeace Corps: VISTA Buyback
Classic members with the 2% @ 55 Formula pay 50% of the total normal cost rate. The contributions toward employer rate will be pre-tax under 414(h)2. New members hired after January 1, 2013 with the 2% @ 62 Formula pay 50% of the normal cost rate. The contributions toward employer rate will be pre- tax under 414(h)2.

HEALTH INSURANCE
The City shall make contributions on behalf of employees eligible for Group Medical Coverage under the various plans available to the City in the amounts necessary to a maximum contribution of $160.00 per employee per month. The City's health contribution during part-time employment shall be made on a pro rata basis in accordance to hours on the payroll.

The City shall make available to eligible current and retired employees, benefits equal to the Meyers-Geddes State Employees' Medical and Hospital Care Act.

FLEXIBLE BENEFITS PLAN
All contributions to the flexible benefits plan are contingent upon compliance with state and federal rules and regulations. Benefits shall be taxed as required by law.

The City shall contribute up to $1,797.71 (inclusive of the $160 maximum City contribution towards group medical insurance) per month towards the flexible benefit plan.

On January 1, 2019 and each January during the term of this Agreement, the City’s contribution to the Plan will be increased up to 100% of the Bay Area Kaiser Single rate, 90% of the Bay Area Kaiser Two-Party rate, and 90% of the Bay Area Kaiser Family rate.

If an employee is eligible for alternative group medical insurance through a spouse or domestic partner’s employer-sponsored medical plan, or through a parent’s insurance, the employee may waive the City’s medical insurance coverage and select such alternate plan. Proof of such alternate coverage is required prior to waiving coverage through the City plan. Any employee who waives medical coverage entirely shall be eligible to receive $160.00 per month as taxable income.

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LIFE INSURANCE
The City shall provide $50,000 life insurance and $10,000 accidental death and dismemberment insurance without regard to membership in any health plan.

DENTAL INSURANCE
The City shall provide dental care benefits for employees and their dependents including domestic partners. The dental benefits 100/80/80 include a maximum calendar year payment of $3,000 and 50% orthodontic coverage with a $3,500 lifetime maximum.

VISION INSURANCE
Vision Benefits include an annual exam, lenses, and frames with an annual deductible of twenty-five dollars ($25).

MONTHLY AUTO ALLOWANCE OR MILEAGE ALLOWANCE
The City Manager and City Attorney shall receive a $375.00 monthly allowance. With City Manager approval, department heads shall receive a $375.00 monthly auto allowance.

Upon department head recommendation and City Manager approval, certain deputy directors shall receive a $300.00 monthly auto allowance.

Employees that do not receive a monthly auto allowance and must use their private vehicles for official city business shall be reimbursed at the IRS established rate.

UNIFORM ALLOWANCE
The Police Chief and Deputy Police Chief shall receive $36.73 per pay period.

DAMAGE REIMBURSEMENT
Safety employees shall be reimbursed the reasonable value of any personal equipment or clothing damaged or destroyed in discharging duties under stress or strain where normal caution cannot be exercised.

HOUSING ASSISTANCE
It shall be the policy of the City to assist newly appointed Charter Officers, consisting of the City Manager, City Attorney and Department Heads, to reside within the City of San Mateo by making available, as part of their compensation, a secured loan of City funds to acquire local housing. Said loans shall be made available only upon the following terms and conditions:
oIt shall constitute a part of the compensation for said employees’ services, to be evidenced by a separate written agreement entered into at or near the time of initial appointment. oThe loan shall not exceed an amount which is equal to four (4) times the appointee’s annual compensation.
oThe loan shall be available only upon residential property within the City which is, in fact, the residence of the employee, and shall be due and payable in full upon termination of the employment.
oThe loan must be secured to the satisfaction of the City Council, and evidenced by a promissory note secured by a deed of trust, which shall be due and payable in full upon sale or transfer of the property, or upon termination of the employment of the employee borrower, whichever occurs first.
oThe interest rate initially charged on the loan shall equal the interest rate received by the City on the investment of all City funds for the most recently concluded calendar year, as calculated and determined by the City Treasurer. The initial interest rate shall remain constant for five years from

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date of the initial agreement and shall thereafter be adjusted on each fifth anniversary of the agreement to the interest rate received by the City for the then most recently concluded calendar year.

DEFERRED COMPENSATION AND RETIREMENT HEALTH SAVINGS ACCOUNT (RHSA) Employees are eligible to participate in the City-offered 457 deferred compensation plans. All contributions to deferred compensation plans and retirement health savings accounts are contingent upon compliance with state and federal rules and regulations.

Effective September 10, 2017, the RHSA Plan was modified regarding contributions and separation pay to reflect the following:

Safety Department Heads hired by the City before June 1, 2000:
o1% City contribution to deferred compensation
oNo leave balances to RHSA upon separation from City Service Safety Department Heads hired by the City on or after June 1, 2000:
o1% City contribution to RHSA
o100% of eligible sick leave, and 100% of discretionary leave to RHSA upon separation from City Service
Miscellaneous Department Heads hired before January 1, 1977:
o2% Employee/City match to deferred compensation
o0.5% City contribution to deferred compensation
o100% of eligible sick leave, and 50% of discretionary leave, to RHSA upon separation from City Service
City Manager, City Attorney, and Miscellaneous Department Heads hired on or after January 1, 1977:
o2% Employee / City match to RHSA
o0.5% City contribution to deferred compensation
o100% of eligible sick leave, and 100% of vacation leave, to RHSA upon separation from City service Safety Deputy Directors:
o2% Employee contribution to RHSA
o1% City contribution to deferred compensation
o100% of eligible sick leave, and 100% of vacation leave, to RHSA upon separation from City Service Miscellaneous Deputy Directors:
o$50.00 per pay period employee contribution to RHSA
o2% Employee / City match to deferred compensation
o0.5% City contribution to deferred compensation
o100% of eligible sick leave to RHSA upon from City service

SEVERANCE
Employees separating from the City shall not be allowed to remain on the payroll after their last day at work. Severance payment shall be provided in a lump-sum for all leave accrual eligible for payout. The intent of this paragraph is to prevent employees from running out vacation and thereafter not returning to work or returning for only a very short time period.

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With City Manager approval, Department Heads shall be eligible for severance payment equal to as much as six months of base salary and six months benefits payment or continuation of benefits upon involuntary termination without “just cause”.

PROFESSIONAL DUES
Upon request, the City shall pay a reasonable amount for membership dues for one professional organization for each employee.

PERFORMANCE EVALUATIONS
Employee performance goals are set early in the evaluation year. A mid-year review of the employee’s progress towards completing the performance goals should occur. A written evaluation shall be completed by the supervisor and reviewed with the employee at the end of the evaluation year.

EMPLOYMENT PROVISIONS SPECIFICALLY FOR DEPUTY DIRECTORS

PROBATIONARY PERIOD
The probationary period is the length of time required for an employee to become proficient in his/her position, and for the Department Head to adequately judge the proficiency. The standard probationary period shall be twelve months, but the Department Head may shorten or lengthen it by up to six months depending on the proven proficiency of the probationer.

LIMITED DURATION POSITION
The City may hire employees in limited duration positions (non-permanent positions) that will not exceed three (3) years for any of the following reasons: (1) where the position is created for a project(s) or work that is expected to be completed within three (3) years; (2) where the position is funded by grant funds of three (3) or less years in duration; or (3) where the position is funded by moneys from capital or enterprise funds that may be unavailable after three (3) years. Employees shall be informed of the duration of the position at the time of employment. At the end of the position’s duration, employment shall terminate and the employee shall not have layoff rights, bumping rights, severance payments or reemployment rights. This provision shall supersede Personnel Rule Sections 1 (13) and (24). Should an employee who was originally hired to fill a limited duration position be later appointed to a permanent merit position, his/her hire date will be that date that service began in the limited duration position.

CONTINUOUS SERVICE
Continuous service shall mean service in any merit classification since original appointment with the City, excluding any time prior to a break in service. One (1) year of completed continuous service shall include, but not be limited to, all time while the employee is on sick leave and/or vacation leave.

Neither military leave nor leave of absence without pay shall constitute an interruption in computing continuous service. However, leaves of absence without pay of over one month shall not be included when computing length of continuous service for vacation purposes.

LAYOFF
Whenever, in the judgment of the City Council, it becomes necessary to abolish a position(s), including the reduction of work hours over twenty percent (20%) per year, the employee(s) displaced shall be deemed to be laid off (employees may accept an hours reduction in excess of twenty percent (20%) without exercising their layoff rights). The rights of employees affected by the abolishment of positions by the City Council shall be hereafter set forth.

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Seniority for purposes of layoff need not be continuous and shall include total accumulated length of service under the following types of appointment:
oEmergency appointment under SMMC 2.57.60(h) or previous SMMC Section 2.57.020 (11). oRegular appointment under SMMC 2.57.080.
oProvisional appointment under SMMC 2.57.070(d).
oAppointment as City Manager's assistants under SMMC 2.57.060(a) from a position in the classified service.
oAppointment as a Department Head under SMMC 2.57.060(d) from a position in the classified service.

In the case of ties, seniority shall be determined on the basis of greater hire date seniority, then by random number if necessary.

Seniority for Layoff Purposes
oThe least senior employee in the classification from which the position is abolished is to be first laid off. Prior to layoff of regular employees, temporary and/or provisional employees in the same classification will be laid off first. For purposes of initial layoff, seniority means time in the classification in question. Flexibly staffed positions will be considered a single classification for layoff purposes.
oFor the purposes of Bumping Rights, seniority is defined as seniority within the classification and seniority in a directly related higher classification; i.e., a classification that is within the promotional line and has a higher salary.

Bumping Rights
Employees laid off may elect to be reassigned to a formerly held classification in any Unit held by an employee with less seniority as defined in 22.2, provided the following conditions are met:
oThe formerly held classification exists and has positions allocated and budgeted. Formerly held position includes successor classification if determined by the City to exist. A successor classification exists where the Personnel Board has changed the title of a position or included new duties in the same titled classification, provided that a competitive test was not thereafter given for the retitled or re-dutied classification.
oThe employee has the ability to perform the essential functions of the formerly held classification.

Qualifications may be tested by the City as described in the current job description. oIf the employee has more than one formerly held City classification, they shall bump to the classification most recently held; the employee may bump into another formerly held classification if no position is available in the "most recently held" classification.

Mutually Agreed Upon Transfer
The City and an employee who has been laid off or bumped may agree to an appointment to a classification that has a vacant position without the need for competitive testing. The following conditions shall apply:
oThe City may test the ability of the employee for the position prior to City's decision on whether it will mutually agree to the transfer;
oThe appointment shall be subordinate to the bumping rights of other employees and may not be used to prevent another employee from having access to the vacant position if permitted by the bumping provisions.

Severance Package
In the event there is not a less senior, formerly held position for the employee to access through layoff or bumping, the employee will be provided a severance package equal to two (2) weeks of pay for each complete year of service, to a maximum of six (6) months’ worth of pay. The City shall make

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arrangements to provide employees laid off with job search assistance for forty-five (45) days following the effective date of layoff. Job search assistance shall include job and career counseling, resume preparation, and job search assistance at City expense.

Salary in Event of Change Due to Layoff
An employee's rate of compensation in the event of position change resulting from layoff shall be the salary step in the classification to which the employee is laid off which is closest to the base salary received immediately prior to layoff.

Notice of Layoff
The City will notice the employee to be laid off and the employees who will be impacted by bumping by registered mail or hand delivery. Affected employee organizations shall be noticed concurrently by registered mail. The notice shall be sent to the mailing address as shown on the employee's last paycheck unless a more recent address has been provided to the Human Resources Department by the employee. After notice to the employee and employee organizations, the names of employees to whom layoff notices have been sent will be posted at the Human Resources Department in City Hall. The notice shall state the layoff action to be taken, the options available to the employee, reemployment rights, and layoff procedures. Employees shall have ten (10) calendar days to inform the Human Resources Department in writing of the decisions on options stated in the notice. In the event that the employee fails to state their decision, the City shall select an option and City's decision shall not be subject to appeal. The City shall select an option that retains employment with the City if such option exists. The failure to receive notice shall not be grounds to set aside actions taken.

Effective Date of Layoff
Thirty (30) calendar days after notice is mailed to the employee, unless a later effective date is stated in the notice. An appeal shall not modify the effective date, provided, however, that where an appeal is successful and the layoff is nullified the employee shall be provided salary and benefits as if there was not a layoff.

Appeal of Layoff
An employee may not appeal the decision to lay off his/her position, but may appeal the order of layoff, the bumping provisions (except the test or results of a test of qualifications), and the seniority computation by filing a written appeal with the Human Resources Department stating the basis of the appeal. An appeal must be filed within fourteen (14) calendar days of mailing of notice. The appeal shall be heard by the City Manager/designee within ten (10) calendar days of filing the appeal. A decision will be rendered within ten (10) calendar days of the hearing. Notice will be given by first class mail to the employee and the Association. A further appeal to the Personnel Board may be filed within five (5) calendar days of mailing by filing a written appeal with the Human Resources Office stating the basis for the appeal. The hearing will be held within ten (10) calendar days of the filing of the appeal or as soon thereafter as a quorum of the Board may be gathered and a decision rendered within five (5) calendar days of the hearing.

Recall and Reinstatement
Employees shall be entitled to recall rights to the position from which they were laid off or bumped for a period of two (2) consecutive years from the effective date of layoff or bumping. The effective date of layoff or bumping shall be the employee's last day of work in the classification from which they were laid off or bumped.

When a vacancy occurs in a job classification, laid off or bumped employees eligible to return to that job classification shall be recalled in the inverse order of bump or layoff. Permanent employees who were laid off or bumped are eligible to return to the job classification in which permanent status was held.

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Employees reinstated under this Section shall not be subject to a new probationary period.

Probationary employees who did not have permanent status at the time of layoff shall be required to serve the remainder of any probationary period upon recall.

When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the employee's last paycheck unless a more recent address has been furnished by the laid off/bumped employee. To expedite recall, more than one employee may be notified of an opening.

The employee shall have fourteen (14) calendar days to reply to City from the date of mailing of the recall notice. If employees fail to respond within fourteen (14) calendar days of notice to the City, they shall lose all recall rights. It is the responsibility of the employee who has been laid off to keep the City informed of their address and telephone number. The City has no responsibility to attempt to trace an employee if notice of reinstatement is not delivered by the Post Office.

Employees reinstated after layoff shall be treated as though they have been on leave of absence without pay in computing salary, vacation, sick leave and other benefits. The right to reinstatement is contingent upon the ability of the employee to perform the essential functions of the position to which the employee is being returned.

REEMPLOYMENT
Any permanent employee, separated from a position through resignation and without fault of delinquency on their part, upon recommendation of the reemploying Department Head may be reemployed to the former position, or to another position in the same class, within two (2) years, provided there is an authorized vacancy and the employee meets the requirements for employment.

Reemployed employees shall be subject to a probationary period, and upon the recommendation of the reemploying Department Head, may receive credit for former employment in the determination of the amount of vacation allowance, sick leave, other benefits and their salary step.

DISCIPLINARY ACTION
Employees who are safety personnel covered by the Police Officers’ Bill of Rights (POBR) shall continue to have those rights afforded them.

The term "disciplinary action" shall include the following actions which may be taken by a Department Head:

A. Letter of Reprimand (for employees covered by the POBR only) B. Suspension without pay up to thirty (30) calendar days; C. Salary reduction;
D. Demotion; or
E. Dismissal
A reduction in hours or a change in schedule, scheduling for workload reasons, a change in work assignment, layoff, letter of reprimand, and performance evaluations shall not be considered as discipline (unless otherwise noted above).

Whenever a disciplinary action is proposed to be taken against a deputy director, he/she shall be notified in writing of the proposed disciplinary action at least five (5) working days in advance of the pre- disciplinary (“Skelly”) hearing. “Working days” is defined as days on which City Hall is open for business.

Such written notification shall include a statement of the proposed disciplinary action to be taken; a statement of the facts upon which the disciplinary action is based which shall set forth clearly and with such particularity the charges against the employee so he/she can understand said charges; a statement

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indicating the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies; and a statement describing any actions taken against the employee in the past.

Whenever disciplinary action is taken against a deputy director, he/she shall be notified in writing of the action taken. Such written notification shall include a statement of the disciplinary action taken; a statement of the facts upon which the disciplinary action is based, which shall set forth clearly and with such particularity the charges against the employee so he/she can understand said charges; a statement indicating the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies; a statement describing any actions taken against the employee in the past; and a statement advising the employee that the written notice is to be placed in his/her official personnel file and that he/she has a right to appeal to the Personnel Board. A Department Head may impose discipline immediately.

APPEAL OF DISCIPLINARY ACTION
A deputy director can appeal the receipt of disciplinary action to the Personnel Board by delivering a written notice of appeal to the Human Resources Department within ten (10) working days of the date the written notice of disciplinary action was served upon him/her. In the event the deputy director fails to deliver a notice of appeal to the Human Resources Department within said ten (10) working day period, the disciplinary action shall become final, and the Deputy Director shall have no further right to appeal.

The written notice of appeal filed with the Human Resources Department shall not be required to be in any particular format; however, it shall contain at least the following information:

1. The name and address of the deputy director;

2. The date of the disciplinary action and a statement to the effect that the deputy director appeals the disciplinary action; and

3. The notice of appeal shall be dated and signed by the deputy director or by his/her representative.

When the Human Resources Department receives a notice of appeal which complies with the requirements set forth herein, the Human Resources Director shall schedule the matter for hearing. For a Letter of Reprimand (for employees covered by the POBR only), the hearing is with the Department Head or his/her designee. For suspension without pay, in-grade salary reduction, demotion, or dismissal, the hearing is scheduled at the next available regular meeting of the Personnel Board at least fifteen (15) working days after receipt of the notice of appeal.

For Letters of Reprimand issued to employees covered by the POBR, the Department Head or his/her designee shall render a final decision concerning the appeal following the hearing, within ten (10) days after the matter is submitted. The decision of the Department Head or his/her designee shall be final and conclusive. For suspension without pay, in-grade salary reduction, demotion, or dismissal, the Personnel Board shall render written findings and recommendations and final decisions concerning the appeal within ten (10) working days after the matter is submitted. The decision of the Personnel Board shall be final and conclusive unless determined otherwise by a court of competent jurisdiction.

SAFETY SHOES
The City shall provide a reimbursement of up to $200.00 every two years for one (1) pair of safety shoes for classifications approved for reimbursement by the department head as deemed necessary. Said reimbursement shall be paid against official receipts for safety shoe expenditures. Safety shoes shall be defined by a classification’s standard or by the employee’s department head.

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Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan ATTACHMENT 1
City Manager and City Attorney
The salary for City Manager was effective March 20, 2022 based on City Council action taken on March 7, 2022.

The salary for City Attorney was effective October 16, 2022 based on City Council action taken on October 3, 2022.

TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL
CITY MANAGER $136.47 $10,917.84 $23,655.31 $283,863.72
CITY ATTORNEY $127.50 $10,200.00 $22,100.00 $265,200.00 Salary is based on a 40-hour work week.

Department Heads
Effective March 5, 2023, the City Manager shall establish salaries for department heads for their respective positions at a step within the monthly ranges indicated below.

JOB

CODE TITLE STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
1260 ASST CITY MANAGER STEP 1 109.13 8,730.74 18,916.60 226,999.22 STEP 2 114.59 9,167.28 19,862.43 238,349.16
STEP 3 120.32 9,625.64 20,855.56 250,266.69
1140 CHIEF OF POLICE STEP 1 126.15 10,092.27 21,866.59 262,399.12 STEP 2 132.46 10,596.88 22,959.91 275,518.97
STEP 3 139.08 11,126.73 24,107.91 289,294.89
1230 CITY CLERK STEP 1 93.89 7,511.11 16,274.08 195,288.92 STEP 2 98.58 7,886.66 17,087.77 205,053.27
STEP 3 103.51 8,281.00 17,942.16 215,305.96
1210 CITY LIBRARIAN STEP 1 105.90 8,472.17 18,356.36 220,276.37 STEP 2 111.20 8,895.78 19,274.18 231,290.22
STEP 3 116.76 9,340.56 20,237.89 242,854.69
1160

DIR COMM
DEVELOPMENT STEP 1 106.02 8,481.29 18,376.12 220,513.49 STEP 2 111.32 8,905.35 19,294.93 231,539.20
STEP 3 116.88 9,350.62 20,259.68 243,116.15
1270 DIR INFO TECHNOLOGY STEP 1 103.28 8,262.23 17,901.49 214,817.87 STEP 2 108.44 8,675.33 18,796.55 225,558.66
STEP 3 113.86 9,109.10 19,736.39 236,836.71
1250

DIR PARKS &
RECREATION STEP 1 106.02 8,481.29 18,376.12 220,513.49
STEP 2 111.32 8,905.35 19,294.93 231,539.20
STEP 3 116.88 9,350.62 20,259.68 243,116.15
1120 DIR PUBLIC WORKS STEP 1 111.94 8,955.56 19,403.71 232,844.48 STEP 2 117.54 9,403.33 20,373.89 244,486.70
STEP 3 123.42 9,873.50 21,392.59 256,711.11

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1220 FINANCE DIRECTOR STEP 1 111.69 8,935.25 19,359.71 232,316.58 STEP 2 117.28 9,382.01 20,327.69 243,932.34
STEP 3 123.14 9,851.12 21,344.09 256,129.04
1180 HUMAN RESOURCES DIR STEP 1 103.28 8,262.23 17,901.49 214,817.87 STEP 2 108.44 8,675.33 18,796.55 225,558.66
STEP 3 113.86 9,109.10 19,736.39 236,836.71
Salary is based on a 40-hour work week.

Deputy Directors
The Department Head, with City Manager concurrence, has the authority to fix compensation for his/her respective Deputy Director(s) in the same manner the City Manager establishes salary for department heads. A deputy director who disagrees with his/her placement within the range may discuss it with the City Manager.

Effective March 5,2023, the deputy directors of city departments shall receive monthly salaries for their respective positions at a step within the monthly ranges indicated below.

Effective Date: 3/5/23
JOB

CODE TITLE STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
2237 DEPUTY CITY LIBRARIAN STEP 1 80.11 6,409.08 13,886.33 166,635.96 STEP 2 84.12 6,729.52 14,580.63 174,967.61
STEP 3 88.33 7,066.00 15,309.67 183,716.09
2135 DEPUTY CDD DIRECTOR STEP 1 92.19 7,375.03 15,979.23 191,750.71 STEP 2 96.80 7,743.77 16,778.17 201,338.10
STEP 3 101.64 8,130.96 17,617.09 211,405.09
2271

DEPUTY DIRECTOR
PARKS & REC STEP 1 88.29 7,063.56 15,304.39 183,652.69
STEP 2 92.71 7,416.74 16,069.61 192,835.35
STEP 3 97.34 7,787.58 16,873.08 202,477.02
2117 DEP DIR PUBLIC WORKS STEP 1 90.94 7,275.56 15,763.72 189,164.61 STEP 2 95.49 7,639.34 16,551.91 198,622.95
STEP 3 100.27 8,021.30 17,379.49 208,553.91
2545 DEPUTY POLICE CHIEF STEP 1 114.39 9,151.06 19,827.30 237,927.59 STEP 2 120.11 9,608.61 20,818.66 249,823.90
STEP 3 126.11 10,089.04 21,859.59 262,315.13
2029

DEPUTY DIRECTOR OF
FINANCE STEP 1 89.35 7,148.20 15,487.77 185,853.29
STEP 2 93.82 7,505.62 16,262.17 195,146.02
STEP 3 98.51 7,880.89 17,075.27 204,903.26
Salary is based on a 40-hour work week.

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CITY OF SAN MATEO
RESOLUTION NO. ___ (2023)

APPROVING AMENDMENTS TO THE DEPARTMENT HEAD

AND DEPUTY DIRECTOR COMPENSATION PLAN
WHEREAS, the Department Heads and Deputy Directors are not represented by a bargaining group, and compensation is determined by the City Council; and
WHEREAS, executive positions consist of the at-will heads of city departments who serve at the pleasure of the City Manager; and
WHEREAS, Deputy Director classifications are in the competitive service as defined by Municipal Code Chapter 2.57; and
WHEREAS, a consolidated compensation plan specific to the Department Heads and Deputy Directors has been set forth in a resolution; and
WHEREAS, the Adopted 2022-23 Budget assumed four percent (4%) salary increases for Department Heads and Deputy Directors, albeit effective at a later date than March 5, 2023; and WHEREAS, the resolution results in an increase of $61,700 in total compensation for the Department Heads and Deputy Directors for the remainder of the fiscal year.

WHEREAS, the 2021-22 mid-year budget update presented to the City Council on April 18, 2022, projected additional General Fund revenues of $15.7 million and decreased expenditures of $2.8 million, which provided resources to support salary increases; and
WHEREAS; the City Council adopted a resolution on April 18, 2022 to commit $10.0 million of unassigned fund balance in the General Fund; $5.5 million of which was for the cost of negotiated increases to employee compensation; and
WHEREAS: the City looked at equity between Deputy Directors and Department Heads and concluded that providing Department Heads with the same forty-eight (48) hours per year of executive leave based on the hours they work outside regular hours is warranted.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The amendments to the Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan, for Department Head and Deputy Director classifications, are approved as follows:

Salary: 4.0% increase for department heads and deputy directors effective March 5, 2023.

Executive Leave: Department Heads shall accrue forty-eight (48) hours per year of executive leave, on a pay period basis, effective March 5, 2023.

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2. The Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan, including the salaries set forth in Exhibit A Attachment I attached hereto are approved.

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EXHIBIT A

CONSOLIDATED CITY MANAGER, CITY ATTORNEY, DEPARTMENT HEAD AND DEPUTY DIRECTOR

COMPENSATION PLAN
SALARY
Successful employee performance is a key factor in determining compensation.

Salaries have been established for the City Manager and the City Attorney. The current amounts are listed in Attachment 1.

A three-step salary range has been established for each Department Head and Deputy Director classification. The proposed salary ranges with four percent (4%) increases, are listed in Attachment 1.

Salary placement is based upon performance review and experience.

The City Manager is authorized to offer unrepresented management employees or potential unrepresented management employees, on a case by case basis, additional fringe benefits incentives, not to exceed 10% of the position’s base salary.

TEMPORARY UPGRADE PAY
In the event the City Manager determines that it is necessary to assign a Department Head or Deputy Director to perform all of the duties of a higher paid classification for two or more consecutive workweeks, he/she shall receive payment for the higher classification for the entire duration of the assignment. The City Manager shall set the salary within the established salary range. Except with the approval of the City Manager, a temporary upgrade assignment shall not continue for longer than one year.

When an employee performs a significant portion but not all of the duties of a higher paid classification, the employee may petition the City Manager for a differential in pay of up to 10%, to be determined by duties assigned for this work out of class.

EMERGENCY WORK
In the event a City Council declared emergency necessitates the devotion of excessive working time by certain management employees in order to maintain essential public services, the City Manager may authorize overtime on a case-by-case basis. Such authorization shall terminate upon cessation of the City Council declared emergency.

PERSONAL TRAINING
Department Heads and Deputy Directors are encouraged to attend instructional programs, conferences and seminars as available in the department’s budget. If the cost to attend exceeds $2,000, attendance must be pre-approved by the City Manager.

LEAVE ACCRUALS
Employees shall accrue vacation leave, sick leave and holiday leave on a pro-rata basis in proportion to regular hours on the payroll. Credit shall not be received for time off without pay. Vacation leave, sick leave, and holiday credits shall accrue from date of appointment.

Absences of less than four hours shall not be deducted from leave balances. Employees are expected to work a minimum of 40 hours per week, with schedules that may vary from day to day based on workplace needs.

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HOLIDAYS
The holidays to be observed are as follows:

A. New Year's Day, January 1st
B. Martin Luther King's Birthday, 3rd Monday in January C. President's Day, 3rd Monday in February
D. Memorial Day, last Monday in May
E. Independence Day, July 4th
F. Labor Day, 1st Monday in September
G. Veteran's Day, November 11
H. Thanksgiving Day, 4th Thursday in November
I. The day after Thanksgiving
J. Christmas Day, December 25th
K. Every day approved by the City Council as a public holiday, public fast, or a day of mourning L. Three (3) floating holidays to be taken on working days mutually agreeable to the employee and the department. Employees shall accrue twelve (12) hours of floating holiday time during the first full pay period in January and July each year.

If a holiday falls on Sunday, the following Monday shall be observed. If a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. If a holiday falls on one’s regularly scheduled day off, holiday time shall be granted.

In the event holidays fall while an employee is on vacation leave, such holidays shall not be charged as vacation leave.

Employees have a forty (40) hour maximum holiday accumulation.

Realizing that not all Safety Department Heads and Safety Deputy Directors are able to take holidays when they fall, as determined by the City Manager, such managers shall be compensated by being placed on a bi-weekly holiday factor. Holiday leave shall never accumulate to more than eighty (80) hours. Effective with the pay period starting December 29, 2019, such managers shall be compensated by receiving holiday-in-lieu pay at the rate of 5.0% of base pay each pay period.

VACATION
Vacations are essential to the employee's welfare and they are granted by the City to allow employees relaxation and rest from their duties. It is the policy of the City not to allow the excess accumulation of vacation leave. All full-time employees shall be entitled to vacation leave with pay as provided below after completion of continuous service with the City. The time at which an employee may take vacation shall take into consideration the needs of the City.

Employees shall accrue a vacation allowance at the rate of 20 days per year for the first 12 years of service, 22.5 days per year for 13 through 23 years of service, and 25 days per year at the beginning of 24 years of service. The above allowances shall be pro-rated for employees beginning employment or leaving employment with the City during a biweekly pay period.

The City Manager is authorized to provide at-will department heads with vacation accrual based upon the number of years of prior service with public entity employers. The City Manager and City Attorney are provided with this benefit.

The City Manager can provide new Department Heads and Deputy Directors with a balance of up to 80 hours of vacation leave upon hire. The City Manager and City Attorney are provided with this benefit.

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Department Heads and Deputy Directors may not accrue more than two times (2x) their vacation leave.

Employees who leave employment shall be paid the straight-time salary equivalent in a lump sum for all accrued vacation leave earned. Such compensation for prorated vacation of separated employees shall be paid by adding or deducting from his or her final paycheck.

VACATION SELL BACK
An employee may make an irrevocable election to sell back to the City eighty (80) hours of accumulated vacation at the employee’s established rate of pay per calendar year. At the time of election, the employee must already have taken a minimum of two (2) weeks’ vacation in the preceding twelve (12) months.

Requests must be received by Payroll no later than December 31 for the following year elections. No employee can elect to sell back more than their annual vacation accrual. Elected hours not requested for distribution (sell back) by December 1 will be automatically distributed in the next pay period (sell back cannot be more than the hours available at time of distribution).

EXECUTIVE LEAVE
Department Heads and Deputy Directors shall accrue forty-eight (48) hours per year of executive leave, on a pay period basis. Executive leave shall have a maximum balance of eighty (80) hours. Department Heads and Deputy Directors may sell back up to forty (40) hours per calendar year, following the procedures outlined in ‘VACATION SELL BACK’.

A Department Head may recommend to the City Manager that an additional amount of executive leave be authorized for a Deputy Director, up to an additional forty (40) hours. This additional leave may be granted based on excessive hours, the value of the extraordinary effort, and the performance of the employee. The City Manager has full discretion in deciding whether to grant additional leave. In the event that the additional hours take the employee over the eighty (80) hour maximum, they must sell back any hours above the maximum accumulation allowable.

SICK LEAVE
The purpose of sick leave is to continue the compensation of employees who must remain off their jobs because of illness or disability. Such sick leave is a privilege which employees can exercise in the event of his/her bona fide illness or disability or in the event their presence away from work is essential because of illness, death or disability of their immediate family.

For full-time employees, leave shall be accrued at the rate of 3.7 hours for each biweekly pay period (12 days per year). Unused sick leave shall be accumulated. Any employee who is on paid leave shall continue to earn sick leave. An employee who is on leave without pay shall not accrue sick leave. Sick leave shall accrue during an absence due to a work-related disability.

The City Manager can provide new Department Heads and Deputy Directors with up to 80 hours of sick leave upon hire. The City Manager and City Attorney are provided with this benefit.

A Department Head is responsible for determining that only bona fide personal or family sick leave is taken, consistent with standards established by the City. This may include the submission of a doctor’s certificate with prior notice.

Protected Sick Leave
Protected sick leave may be taken and if taken, shall be charged to sick leave, vacation, holiday, or executive leave for the following reasons:

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oThe diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee.
oThe diagnosis, care or treatment of an existing health condition of, or preventative care for, an employee’s family member.
oAn employee who is a victim of domestic violence, sexual assault, or stalking.

Employee family member means parent, spouse, domestic partner, son, daughter, domestic partner’s child, sibling, stepchildren, mother-in-law, father-in-law, grandparents and grandchildren.

Not more than six (6) days of such protected sick leave shall be granted in any one (1) calendar year.

However, if extenuating circumstances exist in the opinion of the City Manager, a reasonable extension of the six (6) day limit may be granted. Any additional leave so granted shall be charged against the worker's sick leave accumulation.

Family Care Leave
In accordance with the Federal Family and Medical Leave Act and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible workers for up to 12 weeks per rolling 12-month period. The City-wide policy will adhere to applicable Federal and State laws.

Bereavement
In the event of a death in the immediate family, employees may take accrued sick leave of up to three (3) days (two (2) shifts for 56-hour employees), or up to five (5) days at the discretion of the City Manager. Bereavement Leave shall be tracked separately from Protected Sick Leave. In this context, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee at the time of his/her death, stepchild, mother, father, stepmother, stepfather, mother-in- law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

Sick Leave Payout
Upon service or disability retirement, employees shall be paid fifty (50%) of their accrued sick leave up to a maximum of four hundred eighty (480) hours payment; see “DEFERRED COMPENSATION AND RETIREMENT HEALTH SAVINGS ACCOUNT (RHSA)” section for more details. No payments of sick leave shall be due or owed to anyone who is terminated by the City.

DISABILITY LEAVE
The purpose of this Section is to continue the compensation of employees who must remain off their jobs as a result of disability occasioned or injury received as a result of the discharge of their duties as employees of the City. The Department Head is responsible for determining that only bona fide disability leave is taken.

For each disability, employees shall be allowed disability leave up to and including sixty (60) working days. Such disability leave shall be at full pay, less the amount paid by Workers' Compensation.

Disability in excess of that provided in this Section shall be compensated for only under the provisions of the Workers' Compensation Act of the State of California If the sixty (60) working days is exhausted, additional time off may be charged to sick leave with the following exception; employees shall not be charged sick leave for that portion of their salary for which temporary disability payments are received under the State Worker's Compensation Law.

Additional compensation may be awarded by Resolution of the City Council to employees disabled or injured in line of duty, if recommended by the City Manager.

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JURY LEAVE
Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee notifies their Department Head immediately of the notice of jury duty.

MILITARY LEAVE
Military leave shall be granted by the City in accordance with the provisions of State and Federal laws.

LEAVE OF ABSENCE WITHOUT PAY
Regardless of the combination of paid and unpaid leave used, a leave of absence shall not exceed twelve (12) months in duration, unless otherwise required by law.

Leaves of absence may be granted in cases of illness; in cases of personal emergencies, including childbirth; for education and training; or when such absences would not be contrary to the best interests of the City. Any request for leave of absence shall be made in writing for review and approval by the City Manager.

LONG TERM DISABILITY INSURANCE
The City shall provide long-term disability insurance providing for a sixty (60) day elimination period, subject to prior exhaustion of accrued sick leave or other applicable benefits, and payment of a monthly benefit equivalent to sixty-six and two-thirds percent (66 ⅔%) of full basic monthly salary less any deductible benefits.

SOCIAL SECURITY
Social Security for miscellaneous employees is paid equally by the City and the employee at 6.2% on the Social Security Wage Base. Safety employees hired on or after April 1, 1986 pay 1.45% as the Medicare cost of Social Security.

RETIREMENT
Retirement benefits shall be compensated for under applicable legislation pertaining to the California Public Employees’ Retirement System (CalPERS). The City currently provides the following retirement benefits:

Safety
o3% @ 50 Formula with Single Highest Year Final Compensation for safety employees hired before December 9, 2012.
o3% @ 55 Formula with highest average annual pensionable compensation earned during 36 consecutive months of service for “classic” members hired on or after December 9, 2012. o2.7% @ 57 Formula with highest average annual pensionable compensation earned during 36 consecutive months of service for “new” members hired on or after January 1, 2013. o1959 Survivor Benefit Level 4
oCOLA 2% in retirement
oDeath Benefit (DB) Continues (spouse continues to get DB after remarriage) oPre-Retirement Option 2 DB (If retirement eligible employee dies prior to retirement, spouse can elect to get ongoing retirement benefits)
oMilitary Service Buyback
oRetired Death Benefit (DB) $500
oPrior Service Credit
oPeace Corps: VISTA Buyback

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Classic members with the 3% @ 50 Formula or 3% @ 55 Formula pay 50% of the total normal cost rate.

The contributions toward employer rate will be pre-tax under 414(h)2. New members of PERS hired after January 1, 2013 with the 2.7% @ 57 Formula pay 50% of the normal cost rate. The contributions toward employer rate will be pre-tax under 414(h)2.

Miscellaneous
o2% @ 55 Formula with single highest year compensation for “classic members” hired before December 9, 2012
o2% @ 55 Formula with three-year final compensation for “classic members” hired on or after December 9, 2012
o2% @ 62 Formula with three-year final compensation for “new members” hired on or after January 1, 2013
oSocial Security Coverage
oCOLA 2% in retirement
oDeath Benefit (DB) Continues (spouse continues to get DB after remarriage) oPre-Retirement Option 2 DB (If retirement eligible employee dies prior to retirement, spouse can elect to get ongoing retirement benefits)
oMilitary Service Buyback
oRetired Death Benefit (DB) $500
oPrior Service Credit
oPeace Corps: VISTA Buyback
Classic members with the 2% @ 55 Formula pay 50% of the total normal cost rate. The contributions toward employer rate will be pre-tax under 414(h)2. New members hired after January 1, 2013 with the 2% @ 62 Formula pay 50% of the normal cost rate. The contributions toward employer rate will be pre- tax under 414(h)2.

HEALTH INSURANCE
The City shall make contributions on behalf of employees eligible for Group Medical Coverage under the various plans available to the City in the amounts necessary to a maximum contribution of $160.00 per employee per month. The City's health contribution during part-time employment shall be made on a pro rata basis in accordance to hours on the payroll.

The City shall make available to eligible current and retired employees, benefits equal to the Meyers-Geddes State Employees' Medical and Hospital Care Act.

FLEXIBLE BENEFITS PLAN
All contributions to the flexible benefits plan are contingent upon compliance with state and federal rules and regulations. Benefits shall be taxed as required by law.

The City shall contribute up to $1,797.71 (inclusive of the $160 maximum City contribution towards group medical insurance) per month towards the flexible benefit plan.

On January 1, 2019 and each January during the term of this Agreement, the City’s contribution to the Plan will be increased up to 100% of the Bay Area Kaiser Single rate, 90% of the Bay Area Kaiser Two-Party rate, and 90% of the Bay Area Kaiser Family rate.

If an employee is eligible for alternative group medical insurance through a spouse or domestic partner’s employer-sponsored medical plan, or through a parent’s insurance, the employee may waive the City’s medical insurance coverage and select such alternate plan. Proof of such alternate coverage is required prior to waiving coverage through the City plan. Any employee who waives medical coverage entirely shall be eligible to receive $160.00 per month as taxable income.

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LIFE INSURANCE
The City shall provide $50,000 life insurance and $10,000 accidental death and dismemberment insurance without regard to membership in any health plan.

DENTAL INSURANCE
The City shall provide dental care benefits for employees and their dependents including domestic partners. The dental benefits 100/80/80 include a maximum calendar year payment of $3,000 and 50% orthodontic coverage with a $3,500 lifetime maximum.

VISION INSURANCE
Vision Benefits include an annual exam, lenses, and frames with an annual deductible of twenty-five dollars ($25).

MONTHLY AUTO ALLOWANCE OR MILEAGE ALLOWANCE
The City Manager and City Attorney shall receive a $375.00 monthly allowance. With City Manager approval, department heads shall receive a $375.00 monthly auto allowance.

Upon department head recommendation and City Manager approval, certain deputy directors shall receive a $300.00 monthly auto allowance.

Employees that do not receive a monthly auto allowance and must use their private vehicles for official city business shall be reimbursed at the IRS established rate.

UNIFORM ALLOWANCE
The Police Chief and Deputy Police Chief shall receive $36.73 per pay period.

DAMAGE REIMBURSEMENT
Safety employees shall be reimbursed the reasonable value of any personal equipment or clothing damaged or destroyed in discharging duties under stress or strain where normal caution cannot be exercised.

HOUSING ASSISTANCE
It shall be the policy of the City to assist newly appointed Charter Officers, consisting of the City Manager, City Attorney and Department Heads, to reside within the City of San Mateo by making available, as part of their compensation, a secured loan of City funds to acquire local housing. Said loans shall be made available only upon the following terms and conditions:
oIt shall constitute a part of the compensation for said employees’ services, to be evidenced by a separate written agreement entered into at or near the time of initial appointment. oThe loan shall not exceed an amount which is equal to four (4) times the appointee’s annual compensation.
oThe loan shall be available only upon residential property within the City which is, in fact, the residence of the employee, and shall be due and payable in full upon termination of the employment.
oThe loan must be secured to the satisfaction of the City Council, and evidenced by a promissory note secured by a deed of trust, which shall be due and payable in full upon sale or transfer of the property, or upon termination of the employment of the employee borrower, whichever occurs first.
oThe interest rate initially charged on the loan shall equal the interest rate received by the City on the investment of all City funds for the most recently concluded calendar year, as calculated and determined by the City Treasurer. The initial interest rate shall remain constant for five years from

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date of the initial agreement and shall thereafter be adjusted on each fifth anniversary of the agreement to the interest rate received by the City for the then most recently concluded calendar year.

DEFERRED COMPENSATION AND RETIREMENT HEALTH SAVINGS ACCOUNT (RHSA) Employees are eligible to participate in the City-offered 457 deferred compensation plans. All contributions to deferred compensation plans and retirement health savings accounts are contingent upon compliance with state and federal rules and regulations.

Effective September 10, 2017, the RHSA Plan was modified regarding contributions and separation pay to reflect the following:

Safety Department Heads hired by the City before June 1, 2000:
o1% City contribution to deferred compensation
oNo leave balances to RHSA upon separation from City Service Safety Department Heads hired by the City on or after June 1, 2000:
o1% City contribution to RHSA
o100% of eligible sick leave, and 100% of discretionary leave to RHSA upon separation from City Service
Miscellaneous Department Heads hired before January 1, 1977:
o2% Employee/City match to deferred compensation
o0.5% City contribution to deferred compensation
o100% of eligible sick leave, and 50% of discretionary leave, to RHSA upon separation from City Service
City Manager, City Attorney, and Miscellaneous Department Heads hired on or after January 1, 1977:
o2% Employee / City match to RHSA
o0.5% City contribution to deferred compensation
o100% of eligible sick leave, and 100% of vacation leave, to RHSA upon separation from City service Safety Deputy Directors:
o2% Employee contribution to RHSA
o1% City contribution to deferred compensation
o100% of eligible sick leave, and 100% of vacation leave, to RHSA upon separation from City Service Miscellaneous Deputy Directors:
o$50.00 per pay period employee contribution to RHSA
o2% Employee / City match to deferred compensation
o0.5% City contribution to deferred compensation
o100% of eligible sick leave to RHSA upon from City service

SEVERANCE
Employees separating from the City shall not be allowed to remain on the payroll after their last day at work. Severance payment shall be provided in a lump-sum for all leave accrual eligible for payout. The intent of this paragraph is to prevent employees from running out vacation and thereafter not returning to work or returning for only a very short time period.

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With City Manager approval, Department Heads shall be eligible for severance payment equal to as much as six months of base salary and six months benefits payment or continuation of benefits upon involuntary termination without “just cause”.

PROFESSIONAL DUES
Upon request, the City shall pay a reasonable amount for membership dues for one professional organization for each employee.

PERFORMANCE EVALUATIONS
Employee performance goals are set early in the evaluation year. A mid-year review of the employee’s progress towards completing the performance goals should occur. A written evaluation shall be completed by the supervisor and reviewed with the employee at the end of the evaluation year.

EMPLOYMENT PROVISIONS SPECIFICALLY FOR DEPUTY DIRECTORS

PROBATIONARY PERIOD
The probationary period is the length of time required for an employee to become proficient in his/her position, and for the Department Head to adequately judge the proficiency. The standard probationary period shall be twelve months, but the Department Head may shorten or lengthen it by up to six months depending on the proven proficiency of the probationer.

LIMITED DURATION POSITION
The City may hire employees in limited duration positions (non-permanent positions) that will not exceed three (3) years for any of the following reasons: (1) where the position is created for a project(s) or work that is expected to be completed within three (3) years; (2) where the position is funded by grant funds of three (3) or less years in duration; or (3) where the position is funded by moneys from capital or enterprise funds that may be unavailable after three (3) years. Employees shall be informed of the duration of the position at the time of employment. At the end of the position’s duration, employment shall terminate and the employee shall not have layoff rights, bumping rights, severance payments or reemployment rights. This provision shall supersede Personnel Rule Sections 1 (13) and (24). Should an employee who was originally hired to fill a limited duration position be later appointed to a permanent merit position, his/her hire date will be that date that service began in the limited duration position.

CONTINUOUS SERVICE
Continuous service shall mean service in any merit classification since original appointment with the City, excluding any time prior to a break in service. One (1) year of completed continuous service shall include, but not be limited to, all time while the employee is on sick leave and/or vacation leave.

Neither military leave nor leave of absence without pay shall constitute an interruption in computing continuous service. However, leaves of absence without pay of over one month shall not be included when computing length of continuous service for vacation purposes.

EXECUTIVE LEAVE
Deputy Directors shall accrue forty-eight (48) hours per year of executive leave, on a pay period basis.

Executive leave shall have a maximum balance of eighty (80) hours. Deputy Directors may sell back up to forty (40) hours per calendar year, following the procedures outlined in ‘VACATION SELL BACK’.

A Department Head may recommend to the City Manager that an additional amount of executive leave be authorized, up to an additional forty (40) hours. This additional leave may be granted based on excessive hours, the value of the extraordinary effort, and the performance of the employee. The City

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Manager has full discretion in deciding whether to grant additional leave. In the event that the additional hours take the employee over the eighty (80) hour maximum, they must sell back any hours above the maximum accumulation allowable.

LAYOFF
Whenever, in the judgment of the City Council, it becomes necessary to abolish a position(s), including the reduction of work hours over twenty percent (20%) per year, the employee(s) displaced shall be deemed to be laid off (employees may accept an hours reduction in excess of twenty percent (20%) without exercising their layoff rights). The rights of employees affected by the abolishment of positions by the City Council shall be hereafter set forth.

Seniority for purposes of layoff need not be continuous and shall include total accumulated length of service under the following types of appointment:
oEmergency appointment under SMMC 2.57.60(h) or previous SMMC Section 2.57.020 (11). oRegular appointment under SMMC 2.57.080.
oProvisional appointment under SMMC 2.57.070(d).
oAppointment as City Manager's assistants under SMMC 2.57.060(a) from a position in the classified service.
oAppointment as a Department Head under SMMC 2.57.060(d) from a position in the classified service.

In the case of ties, seniority shall be determined on the basis of greater hire date seniority, then by random number if necessary.

Seniority for Layoff Purposes
oThe least senior employee in the classification from which the position is abolished is to be first laid off. Prior to layoff of regular employees, temporary and/or provisional employees in the same classification will be laid off first. For purposes of initial layoff, seniority means time in the classification in question. Flexibly staffed positions will be considered a single classification for layoff purposes.
oFor the purposes of Bumping Rights, seniority is defined as seniority within the classification and seniority in a directly related higher classification; i.e., a classification that is within the promotional line and has a higher salary.

Bumping Rights
Employees laid off may elect to be reassigned to a formerly held classification in any Unit held by an employee with less seniority as defined in 22.2, provided the following conditions are met:
oThe formerly held classification exists and has positions allocated and budgeted. Formerly held position includes successor classification if determined by the City to exist. A successor classification exists where the Personnel Board has changed the title of a position or included new duties in the same titled classification, provided that a competitive test was not thereafter given for the retitled or re-dutied classification.
oThe employee has the ability to perform the essential functions of the formerly held classification.

Qualifications may be tested by the City as described in the current job description. oIf the employee has more than one formerly held City classification, they shall bump to the classification most recently held; the employee may bump into another formerly held classification if no position is available in the "most recently held" classification.

Mutually Agreed Upon Transfer

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The City and an employee who has been laid off or bumped may agree to an appointment to a classification that has a vacant position without the need for competitive testing. The following conditions shall apply:
oThe City may test the ability of the employee for the position prior to City's decision on whether it will mutually agree to the transfer;
oThe appointment shall be subordinate to the bumping rights of other employees and may not be used to prevent another employee from having access to the vacant position if permitted by the bumping provisions.

Severance Package
In the event there is not a less senior, formerly held position for the employee to access through layoff or bumping, the employee will be provided a severance package equal to two (2) weeks of pay for each complete year of service, to a maximum of six (6) months’ worth of pay. The City shall make arrangements to provide employees laid off with job search assistance for forty-five (45) days following the effective date of layoff. Job search assistance shall include job and career counseling, resume preparation, and job search assistance at City expense.

Salary in Event of Change Due to Layoff
An employee's rate of compensation in the event of position change resulting from layoff shall be the salary step in the classification to which the employee is laid off which is closest to the base salary received immediately prior to layoff.

Notice of Layoff
The City will notice the employee to be laid off and the employees who will be impacted by bumping by registered mail or hand delivery. Affected employee organizations shall be noticed concurrently by registered mail. The notice shall be sent to the mailing address as shown on the employee's last paycheck unless a more recent address has been provided to the Human Resources Department by the employee. After notice to the employee and employee organizations, the names of employees to whom layoff notices have been sent will be posted at the Human Resources Department in City Hall. The notice shall state the layoff action to be taken, the options available to the employee, reemployment rights, and layoff procedures. Employees shall have ten (10) calendar days to inform the Human Resources Department in writing of the decisions on options stated in the notice. In the event that the employee fails to state their decision, the City shall select an option and City's decision shall not be subject to appeal. The City shall select an option that retains employment with the City if such option exists. The failure to receive notice shall not be grounds to set aside actions taken.

Effective Date of Layoff
Thirty (30) calendar days after notice is mailed to the employee, unless a later effective date is stated in the notice. An appeal shall not modify the effective date, provided, however, that where an appeal is successful and the layoff is nullified the employee shall be provided salary and benefits as if there was not a layoff.

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Appeal of Layoff
An employee may not appeal the decision to lay off his/her position, but may appeal the order of layoff, the bumping provisions (except the test or results of a test of qualifications), and the seniority computation by filing a written appeal with the Human Resources Department stating the basis of the appeal. An appeal must be filed within fourteen (14) calendar days of mailing of notice. The appeal shall be heard by the City Manager/designee within ten (10) calendar days of filing the appeal. A decision will be rendered within ten (10) calendar days of the hearing. Notice will be given by first class mail to the employee and the Association. A further appeal to the Personnel Board may be filed within five (5) calendar days of mailing by filing a written appeal with the Human Resources Office stating the basis for the appeal. The hearing will be held within ten (10) calendar days of the filing of the appeal or as soon thereafter as a quorum of the Board may be gathered and a decision rendered within five (5) calendar days of the hearing.

Recall and Reinstatement
Employees shall be entitled to recall rights to the position from which they were laid off or bumped for a period of two (2) consecutive years from the effective date of layoff or bumping. The effective date of layoff or bumping shall be the employee's last day of work in the classification from which they were laid off or bumped.

When a vacancy occurs in a job classification, laid off or bumped employees eligible to return to that job classification shall be recalled in the inverse order of bump or layoff. Permanent employees who were laid off or bumped are eligible to return to the job classification in which permanent status was held.

Employees reinstated under this Section shall not be subject to a new probationary period.

Probationary employees who did not have permanent status at the time of layoff shall be required to serve the remainder of any probationary period upon recall.

When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the employee's last paycheck unless a more recent address has been furnished by the laid off/bumped employee. To expedite recall, more than one employee may be notified of an opening.

The employee shall have fourteen (14) calendar days to reply to City from the date of mailing of the recall notice. If employees fail to respond within fourteen (14) calendar days of notice to the City, they shall lose all recall rights. It is the responsibility of the employee who has been laid off to keep the City informed of their address and telephone number. The City has no responsibility to attempt to trace an employee if notice of reinstatement is not delivered by the Post Office.

Employees reinstated after layoff shall be treated as though they have been on leave of absence without pay in computing salary, vacation, sick leave and other benefits. The right to reinstatement is contingent upon the ability of the employee to perform the essential functions of the position to which the employee is being returned.

REEMPLOYMENT
Any permanent employee, separated from a position through resignation and without fault of delinquency on their part, upon recommendation of the reemploying Department Head may be reemployed to the former position, or to another position in the same class, within two (2) years, provided there is an authorized vacancy and the employee meets the requirements for employment.

Reemployed employees shall be subject to a probationary period, and upon the recommendation of the reemploying Department Head, may receive credit for former employment in the determination of the amount of vacation allowance, sick leave, other benefits and their salary step.

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DISCIPLINARY ACTION
Employees who are safety personnel covered by the Police Officers’ Bill of Rights (POBR) shall continue to have those rights afforded them.

The term "disciplinary action" shall include the following actions which may be taken by a Department Head:

A. Letter of Reprimand (for employees covered by the POBR only) B. Suspension without pay up to thirty (30) calendar days; C. Salary reduction;
D. Demotion; or
E. Dismissal
A reduction in hours or a change in schedule, scheduling for workload reasons, a change in work assignment, layoff, letter of reprimand, and performance evaluations shall not be considered as discipline (unless otherwise noted above).

Whenever a disciplinary action is proposed to be taken against a deputy director, he/she shall be notified in writing of the proposed disciplinary action at least five (5) working days in advance of the pre- disciplinary (“Skelly”) hearing. “Working days” is defined as days on which City Hall is open for business.

Such written notification shall include a statement of the proposed disciplinary action to be taken; a statement of the facts upon which the disciplinary action is based which shall set forth clearly and with such particularity the charges against the employee so he/she can understand said charges; a statement indicating the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies; and a statement describing any actions taken against the employee in the past.

Whenever disciplinary action is taken against a deputy director, he/she shall be notified in writing of the action taken. Such written notification shall include a statement of the disciplinary action taken; a statement of the facts upon which the disciplinary action is based, which shall set forth clearly and with such particularity the charges against the employee so he/she can understand said charges; a statement indicating the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies; a statement describing any actions taken against the employee in the past; and a statement advising the employee that the written notice is to be placed in his/her official personnel file and that he/she has a right to appeal to the Personnel Board. A Department Head may impose discipline immediately.

APPEAL OF DISCIPLINARY ACTION
A deputy director can appeal the receipt of disciplinary action to the Personnel Board by delivering a written notice of appeal to the Human Resources Department within ten (10) working days of the date the written notice of disciplinary action was served upon him/her. In the event the deputy director fails to deliver a notice of appeal to the Human Resources Department within said ten (10) working day period, the disciplinary action shall become final, and the Deputy Director shall have no further right to appeal.

The written notice of appeal filed with the Human Resources Department shall not be required to be in any particular format; however, it shall contain at least the following information:

1. The name and address of the deputy director;

2. The date of the disciplinary action and a statement to the effect that the deputy director appeals the disciplinary action; and

3. The notice of appeal shall be dated and signed by the deputy director or by his/her representative.

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When the Human Resources Department receives a notice of appeal which complies with the requirements set forth herein, the Human Resources Director shall schedule the matter for hearing. For a Letter of Reprimand (for employees covered by the POBR only), the hearing is with the Department Head or his/her designee. For suspension without pay, in-grade salary reduction, demotion, or dismissal, the hearing is scheduled at the next available regular meeting of the Personnel Board at least fifteen (15) working days after receipt of the notice of appeal.

For Letters of Reprimand issued to employees covered by the POBR, the Department Head or his/her designee shall render a final decision concerning the appeal following the hearing, within ten (10) days after the matter is submitted. The decision of the Department Head or his/her designee shall be final and conclusive. For suspension without pay, in-grade salary reduction, demotion, or dismissal, the Personnel Board shall render written findings and recommendations and final decisions concerning the appeal within ten (10) working days after the matter is submitted. The decision of the Personnel Board shall be final and conclusive unless determined otherwise by a court of competent jurisdiction.

SAFETY SHOES
The City shall provide a reimbursement of up to $200.00 every two years for one (1) pair of safety shoes for classifications approved for reimbursement by the department head as deemed necessary. Said reimbursement shall be paid against official receipts for safety shoe expenditures. Safety shoes shall be defined by a classification’s standard or by the employee’s department head.

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Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan ATTACHMENT 1
City Manager and City Attorney
The salary for City Manager was effective February 9March 20, 20202 based on City Council action taken on February 3March 7, 20220. The salary for City Attorney is was effective May 17October 16, 2021 2022 based on City Council action taken on April 5October 3, 20212022.

TITLE HOURLY BI-WEEKLY MONTHLY ANNUAL

CITY MANAGER
$131.23136
.47
$10,498.1210,91

7.84 $22745.4923,65

5.31 $272,945.88283,8

63.72 CITY ATTORNEY
$122.60127
.50
$9,807.6910,200
.00
$21,250.0022,10

0.00 $255,000.00265,2

00.00 Salary is based on a 40-hour work week.

Department Heads
Effective March 65, 20222023, the City Manager shall establish salaries for department heads for their respective positions at a step within the monthly ranges indicated below.

JOB
COD

E TITLE

STEPS HOURLY BI-WEEKLY MONTHLY ANNUAL
1260

ASST CITY
MANAGER STEP 1 109.13104.9
4 8,730.748,394.94 18,916.6018,189.0
4 226,999.22218,268.4
6 STEP 2 114.59110.1
8 9,167.288,814.69 19,862.4319,098.4
9 238,349.16229,181.8
5 STEP 3 120.32115.6
9 9,625.649,255.42 20,855.5620,053.4
2 250,266.69240,640.9
9 1140

CHIEF OF
POLICE STEP 1 126.15121.3
0 10,092.279,704.11 21,866.5921,025.5
7 262,399.12252,306.7
9 STEP 2 132.46127.3
7 10,596.8810,189.3
1 22,959.9122,076.8
4 275,518.97264,922.0
8 STEP 3 139.08133.7
3 11,126.7310,698.7
8 24,107.9123,180.6
8 289,294.89278,168.2
2 1230 CITY CLERK STEP 1 93.8990.28 7,511.117,222.22 16,274.0815,648.1 5 195,288.92187,777.8
3 STEP 2 98.5894.79 7,886.667,583.33 17,087.7716,430.5
5 205,053.27197,166.6
6 STEP 3 103.5199.53 8,281.007,962.50 17,942.1617,252.0 8 215,305.96207,024.9
8 1210
CITY
LIBRARIAN STEP 1 105.90101.8
3 8,472.178,146.32 18,356.3617,650.3
5 220,276.37211,804.2
0 STEP 2 111.20106.9
2 8,895.788,553.63 19,274.1818,532.8
7 231,290.22222,394.4
8 STEP 3 116.76112.2
7 9,340.568,981.31 20,237.8919,459.5
1 242,854.69233,514.1
6 1160

DIR COMM

DEVELOPMEN
T
STEP 1 106.02101.9
4 8,481.298,155.08 18,376.1217,669.3
5 220,513.49212,032.2
1 261 of 263

STEP 2 111.32107.0
4 8,905.358,562.84 19,294.9318,552.8
2 231,539.20222,633.8
4 STEP 3 116.88112.3
9 9,350.628,990.98 20,259.6819,480.4
6 243,116.15233,765.5
1 1270

DIR INFO
TECHNOLOGY STEP 1 103.2899.31 8,262.237,944.45 17,901.4917,212.9 7 214,817.87206,555.6
1 STEP 2 108.44104.2
7 8,675.338,341.67 18,796.5518,073.6
1 225,558.66216,883.3
1 STEP 3 113.86109.4
8 9,109.108,758.75 19,736.3918,977.3
0 236,836.71227,727.5
6 1250

DIR PARKS &
RECREATION STEP 1 106.02101.9
4 8,481.298,155.08 18,376.1217,669.3
5 220,513.49212,032.2
1 STEP 2 111.32107.0
4 8,905.358,562.84 19,294.9318,552.8
2 231,539.20222,633.8
4 STEP 3 116.88112.3
9 9,350.628,990.98 20,259.6819,480.4
6 243,116.15233,765.5
1 1120

DIR PUBLIC
WORKS STEP 1 111.94107.6
4 8,955.568,611.11 19,403.7118,657.4
1 232,844.48223,888.9
6 STEP 2 117.54113.0
2 9,403.339,041.67 20,373.8919,590.2
8 244,486.70235,083.3
9 STEP 3 123.42118.6
7 9,873.509,493.75 21,392.5920,569.8
0 256,711.11246,837.5
6 1220

FINANCE
DIRECTOR STEP 1 111.69107.3
9 8,935.258,591.59 19,359.7118,615.1
1 232,316.58223,381.2
7 STEP 2 117.28112.7
6 9,382.019,021.17 20,327.6919,545.8
6 243,932.34234,550.3
7 STEP 3 123.14118.4
0 9,851.129,472.23 21,344.0920,523.1
6 256,129.04246,277.9
5 1180
HUMAN

RESOURCES
DIR
STEP 1 103.2899.31 8,262.237,944.45 17,901.4917,212.9
7 214,817.87206,555.6
1 STEP 2 108.44104.2
7 8,675.338,341.67 18,796.5518,073.6
1 225,558.66216,883.3
1 STEP 3 113.86109.4
8 9,109.108,758.75 19,736.3918,977.3
0 236,836.71227,727.5
6 Salary is based on a 40-hour work week.

Deputy Directors
The Department Head, with City Manager concurrence, has the authority to fix compensation for his/her respective Deputy Director(s) in the same manner the City Manager establishes salary for department heads. A deputy director who disagrees with his/her placement within the range may discuss it with the City Manager.

Effective March 65,20232, the deputy directors of city departments shall receive monthly salaries for their respective positions at a step within the monthly ranges indicated below.

Effective Date: 3/65/2223
JOB
COD

E TITLE
STEP

S HOURLY BI-WEEKLY MONTHLY ANNUAL

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2237
DEPUTY
CITY

LIBRARIAN
STEP 1 80.1177.03 6,409.086,162.57 13,886.3313,352.2
4 166,635.96160,226.8
5 STEP 2 84.1280.88 6,729.526,470.70 14,580.6314,019.8
4 174,967.61168,238.1
4 STEP 3 88.3384.93 7,066.006,794.23 15,309.6714,720.8
4 183,716.09176,650.0
4 2135
DEPUTY
CDD

DIRECTOR
STEP 1 92.1988.64 7,375.037,091.37 15,979.2315,364.6
4 191,750.71184,375.6
5 STEP 2 96.8093.07 7,743.777,445.94 16,778.1716,132.8
6 201,338.10193,594.3
8 STEP 3 101.6497.73 8,130.967,818.24 17,617.0916,939.5 1 211,405.09203,274.1
2 2271
DEPUTY

DIRECTOR

PARKS &
REC
STEP 1 88.2984.90 7,063.566,791.89 15,304.3914,715.7
6 183,652.69176,589.1
3 STEP 2 92.7189.14 7,416.747,131.48 16,069.6115,451.5
5 192,835.35185,418.6
1 STEP 3 97.3493.60 7,787.587,488.06 16,873.0816,224.1
2 202,477.02194,689.5
0 2117

DEP DIR
PUBLIC
WORKS
STEP 1 90.9487.45 7,275.566,995.73 15,763.7215,157.4
2 189,164.61181,889.0
1 STEP 2 95.4991.82 7,639.347,345.52 16,551.9115,915.3
0 198,622.95190,983.5
7 STEP 3 100.2796.41 8,021.307,712.79 17,379.4916,711.0 5 208,553.91200,532.6
4 2545
DEPUTY
POLICE
CHIEF
STEP 1 114.39109.9
9 9,151.068,799.10 19,827.3019,064.7
1 237,927.59228,776.5
0 STEP 2 120.11115.4
9 9,608.619,239.05 20,818.6620,017.9
4 249,823.90240,215.2
9 STEP 3 126.11121.2
6 10,089.049,701.0
0 21,859.5921,018.8
4 262,315.13252,226.0
5 2029
DEPUTY

DIRECTOR
OF

FINANCE
STEP 1 89.3585.92 7,148.206,873.27 15,487.7714,892.0
9 185,853.29178,705.1
2 STEP 2 93.8290.21 7,505.627,216.94 16,262.1715,636.7
0 195,146.02187,640.4
2 STEP 3 98.5194.72 7,880.897,577.78 17,075.2716,418.5
3 204,903.26197,022.3
9 Salary is based on a 40-hour work week.

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