Agenda packet, regular meeting — San Mateo City Council, October 19, 2026 (part 4 of 4)

CITY OF SAN MATEO SAN MATEO UNION HIGH SCHOOL

DISTRICT
_______________________________ _______________________________ By: Alex Khojikian By:

Title: City Manager Title:

Date: Date:

APPROVED AS TO FORM: APPROVED AS TO FORM:
_______________________________ _______________________________ By: Prasanna W. Rasiah By:

Title: City Attorney Title:
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11 EXHIBIT A
Description of Gymnasium Facility
Location. The Gymnasium Facility is located on the School Site at San Mateo High School, 506 N. Delaware Street, San Mateo, California 94401.

Description. The Gymnasium Facility, also known as the Main Gym or Community Gym, is a joint-use facility of the District and the City that opened in 2002. It consists of the main gymnasium, along with the Dance Room, Wrestling Room, parking, lobby, office space, storage, and restrooms, as referenced in Section 2 of this Agreement.

The main gymnasium court is marked for basketball, volleyball, and badminton, and has a seating capacity of 1,700.
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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: 10-1511 File ID: 26-12744 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: October 19, 2026
SUBJECT:

November 3, 2026 Statewide Propositions — Recommendations RECOMMENDATION:

Approve the Legislative Committee’s recommendations to take the following positions on the propositions on the ballot for the November 3, 2026 Statewide General Election: Proposition 1 (Veterans and Affordable Housing Bond of 2026) – Support; Proposition 37 (California Middle-Class Homeownership and Family Home Construction Act of 2026) – Support; Proposition 40 (The 2026 Billionaire Tax Act) – Watch; Proposition 43 (Local Special Taxes: Vote Threshold) – Oppose; Proposition 45 (Building an Affordable California Act) - Oppose.

BACKGROUND:

On October 12, 2026, the Legislative Committee, comprised of the Mayor and Deputy Mayor, met to review the statewide ballot propositions appearing on the November 3, 2026, General Election ballot and consider recommendations for City Council positions. The Committee received a presentation from the City’s state legislative consultant, California Public Policy Group (CPPG), and evaluated the propositions in the context of the City Council’s adopted Legislative Platform.

Of the fourteen statewide propositions appearing on the ballot, the Legislative Committee recommended that the City Council adopt positions of support on Propositions 1 and 37, opposition to Propositions 43 and 45, and a watch position on Proposition 40.

Attachment 1 provides a summary of each statewide proposition prepared by CPPG. If the City Council approves the Committee’s recommendations, CPPG will prepare and submit letters communicating the City’s positions on the applicable propositions and continue monitoring Proposition 40 for relevant developments. The City’s Legislative web page will also reflect these positions.

BUDGET IMPACT:

There is no budgetary impact associated with this administrative action.

ENVIRONMENTAL DETERMINATION:

This recommendation 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).)

STRATEGIC PLAN ALIGNMENT
This staff report supports the Organizational Health and Good Governance initiative.

NOTICE PROVIDED
All meeting noticing requirements were met.
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CITY OF SAN MATEO

ATTACHMENTS
Att 1 – November 2026 Propositions Summaries and Analysis

STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7042
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1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 1 Date: August 4, 2026
To: Alex Khojikian, City Manager
Jennifer Yamaguma, Assistant City Manager
City of San Mateo
From: Dane Hutchings
Founder + CEO
California Public Policy Group
Re: CPPG Summary of November 2026 Statewide Ballot Measures

OVERVIEW
California voters will make many important decisions on the November 3 ballot. Besides electing a governor, congressional and state representatives, community leadership and reviewing local measures, voters will decide the fate of fourteen (14) statewide propositions:
• Six (6) of these measures, if approved, have financial and policy impacts on local governments in the following areas: voter-proposed special taxes, voter identification in elections, public campaign financing, permit streamlining for “essential projects,” and two housing bond proposals.
• Five (5) measures focus on state revenue and budgeting issues, with potentially major policy outcomes, including with Prop. 40, the “Billionaire’s Tax.” • Three (3) address a spectrum of other policy issues: the process for recalling state officers, a $8.4 billion immunology research bond, and expenditure thresholds for federally qualified health centers.

All measure text can be found on the Secretary of State’s website here.

The following measures are covered in this memo:

1. Proposition 45. Building an Affordable California Act.

2. Proposition 43. Local Special Taxes: Vote Threshold.

3. Proposition 39. California Voter ID Initiative.

4. Proposition 4. California Fair Elections Act of 2026.

5. Proposition 1. Veterans and Affordable Housing Bond of 2026.

6. Proposition 37. California Middle-Class Homeownership and Family Home Construction Act of 2026.

7. Proposition 2. Save for California’s Future Act.

8. Proposition 3. California Children’s Education and Health Care Protection Act.

9. Proposition 40. The 2026 Billionaire Tax Act.

10. Proposition 42. Retirement and Personal Savings Protection Act of 2026.

11. Proposition 41. The Improving Transparency, Effectiveness, and Efficiency in California Government Act of 2026.

12. Proposition 5. Recall of State Officers.

13. Proposition 38. California Immunology Research and Cures Initiative. 614 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 2

14. Proposition 44. The Clinic Funding Accountability and Transparency Act.

Some big news for local governments associated with the November ballot, however, has already occurred. As a result of local government advocacy efforts in partnership with labor organizations, the Legislature negotiated the removal from the ballot of the aggressive Local Taxpayer Protection Act to Save Proposition 13, sponsored by the Howard Jarvis Taxpayers Association (HJTA). That measure would have cost local governments billions in lost revenue by repealing some local voterapproved taxes, including charter city real estate transfer taxes and non-ad valorem parcel taxes.

While the removal of HJTA’s measure was a huge positive, it also came at a cost. In exchange, ACA 22 (Wicks, 2026), now Prop. 43, was placed on the ballot, which requires a two-thirds vote on future local voter initiatives proposing a special tax. More on this issue is contained (below) in the explanation of Proposition 43.

Also note the gap in ballot numbering, which lists Propositions 1-5, followed by Propositions 37-45.

This is due to the Legislature adoption of AB 182 (Pellerin, 2026), a budget trailer bill, which required the Secretary of State to list those first five items (starting with Prop. 1, the Veterans and Affordable Housing Bond) so that the voters would see them first.

Below is a quick guide to the various propositions, organized by policy areas, and arranged so that those of interest to local governments come first. For each, there is a brief summary, links to the text, some background on the politics, and potential implementation issues.

PERMITTING “ESSENTIAL PROJECTS”
Proposition 45. Building an Affordable California Act.

This measure proposes to enact a new stand-alone chapter of the California Environmental Quality Act (CEQA) to expedite permit processing and environmental reviews for a wide spectrum of “essential projects,” defined to include: housing, clean energy, water, transportation, broadband internet, education, public safety and public health facilities. Requires applications submitted by any person, legal entity, public agency, or public utility to be processed by local and state public agencies, along with any related judicial reviews, in accordance with strict timelines, conditions and limitations. Projects must also comply with robust tribal consultation and labor provisions.

Applicants have the option of utilizing none, some, or all of this measure’s provisions.

The Politics: This measure is sponsored by the California Chamber of Commerce and placed on the ballot via the initiative process. Unlike the numerous CEQA “exemptions” approved in conjunction with the 2025 Budget Act, this proposal is focused on reducing delays and uncertainties associated with the permitting, processing and legal reviews associated with a range of defined “essential projects.” Following an initial draft that was released of this measure, the sponsors made numerous amendments in the final version to expand tribal consultation and tighten labor provisions. Also, three controversial projects—High Speed Rail, the Delta Conveyance, and nuclear energy projects— are excluded from its application. Supporters include various construction, clean power, water and hospital organizations. Opponents include over 200 public health, environmental, climate, land trust, environmental justice and other groups.

Implementation: Should this measure be approved by voters, local agencies will need to become familiar with these new project-approval requirements applicable to processing an “essential 615 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 3 project.” Also note that this Act applies to pending essential projects, including those involved in legal disputes, on the date it takes effect.

LOCAL REVENUE LIMITATIONS
Proposition 43. Local Special Taxes: Vote Threshold.

This measure prohibits prospectively, on or after January 1, 2027, a local government, or its electorate by local initiative, from enacting a special tax unless approved by two-thirds of local voters, or imposing an “ad valorem”(according to value) tax on real property other than as authorized under Article 13 and 13A of the California Constitution.

The Politics: This measure is the result of complex negotiations between the Legislature and the Howard Jarvis Taxpayer’s Association (HJTA). HJTA gathered sufficient signatures to place its “Local Taxpayer Protection Act to Save Proposition 13” on the November ballot, which, if enacted, would have cost local cities billions in revenue due to its retroactive provisions repealing existing taxes. In brief, the HJTA measure proposed to:
• Repeal existing charter city real property documentary transfer taxes, and cap real property documentary transfer taxes at the existing statutory limit applicable to counties and general law cities, and
• Repeal the 2017 CA Supreme Court’s Upland decision and related local enacted taxes.

Upland interpreted the Constitution in a way that lowered the voter threshold (from twothirds to a majority) for enacting or increasing local special taxes placed on ballots via local citizen initiatives.

As a result of the Legislative negotiations, ACA 22 (Wicks, 2026), was placed on the ballot as Proposition 43, and HJTA agreed to pull its measure. Several things about Prop. 43 are important for local governments to understand:
• It operates prospectively, and only affects measures placed on local ballots after January 1, 2027.
• Its primary effect is to reverse the Upland decision, and thereby require a two-thirds vote for local special taxes when placed on the ballot by local initiative. This essentially would reset the law, consistent with legal interpretations held prior to Upland: that local general taxes require a majority vote and local special taxes require a two-thirds vote. • Unlike HJTA’s proposal, ACA 22 places no limitations on the ability of charter cities to enact or increase a local documentary transfer tax. A documentary transfer tax is considered a “excise tax” not an “ad valorem” tax. Given the reversal of the Upland decision, a future local voter initiative in a charter city to enact a documentary transfer tax dedicated to specific purposes would require a two-thirds vote.

In a related move, the Legislature approved ACA 21 (Rivas, 2026), which pulled (ACA 13, 2023) from the ballot. ACA 13 was previously approved as a counterpoint to a prior HJTA’ proposal from 2024, but after the California Supreme Court deemed that proposal ineligible, ACA 13 was moved to the 2026 ballot.

Even though ACA 22 passed with bi-partisan support, a vigorous campaign for and against Proposition 43 is expected. Supporters, so far, are HJTA, and Reform California, an organization headed by Republican Assemblymember Carl De Maio (R-San Diego). Opposition, however, will be 616 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 4 curiously led by Assemblymember Buffy Wicks (D-Oakland), the author of ACA 22, who argues: “I authored ACA 22 not because I wanted it to become law — but because it was the only path left to get the more dangerous initiative off the ballot before time ran out.” Implementation: If this ballot measure is approved, local voter initiatives proposing special taxes will require a two-thirds vote. Yet, local governments should realize that the HJTA only got a piece of what it was seeking (prospective reversal of Upland) in this measure. They did not achieve their objective of repealing existing taxes enacted with majority votes allowed by Upland, or repealing existing charter city documentary transfer taxes. HJTA could revisit these efforts with future ballot initiatives.

ELECTION-RELATED MEASURES
Proposition 39. California Voter ID Initiative.

This measure requires voters to present government-issued identification at the polls, or the last four digits of a government-issued identification number when voting by mail. In addition, this measure:

1. Defines “government-issued identification” as “documentation that provides conclusive verification of the voter’s identity.”

2. Requires each election official to only count a regular or provisional ballot after verifying the identity of the person voting, and ensure they cast only one ballot in the election.

3. Requires the state to provide, upon the request of an eligible voter, a voter-ID card at no charge to use when casting a ballot.

4. Requires the type of verification a voter will use to be:
a. Indicated on their voter registration record,
b. Noted on the mail ballot envelope provided to them, and c. Available to them, on request, by phone or electronically.

5. Requires the Secretary of State and county elections officials to use their best efforts to verify citizenship attestations, and annually report on the percentage of county voter rolls that have been citizenship-verified.

6. Requires the Legislature to promptly enact laws to implement this measure, provide for military and overseas voters, and ensure that state and local officials comply and support compliance with this law.

7. Authorizes citizens to seek judicial review of compliance with this law, and requires the State Auditor to audit the state and each county for compliance every odd numbered year.

The Politics: This measure is sponsored primarily by two Republican legislators, Senator Tony Strickland (R-Huntington Beach) and Assemblymember Carl DeMaio. It is supported by the Californians for Voter ID organization, with its stated purpose of promoting public confidence and trust in elections, deterring and detecting voter fraud, and minimizing the risk of voter impersonation by requiring proof of identity to vote. Opponents include: League of Women Voters, Common Cause, the American Civil Liberties Union of Northern and Southern California, Equality California, and other groups. The League of Women Voters representative arguing against the measure states: “This voter ID measure is not about protecting voters; it is about importing the current federal administration’s election lies and intimidation tactics into California. It would expose voters’ sensitive personal information, create new ways to reject eligible ballots, and wrongly target voters through error-prone citizenship checks.”
Implementation: If approved, this measure will place new duties and costs on local election officials to revise voter registration cards, add identification information, check voter identification both at 617 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 5 the polls and when counting mail-in ballots, and then verify voters have only voted once. In addition, extensive voter-education will be required, since voters will likely have to revise their voter registration cards to indicate the type of identification verification they will use when voting. The Legislature is also required to “promptly enact” implementation laws, which may lead to other implementation duties. With citizens authorized to seek judicial review to determine compliance, and the State Auditor required to audit counties every two years, disputes over compliance will likely remain a high-profile political issue.

Proposition 4. California Fair Elections Act of 2026.

This measure repeals the existing prohibition in the Political Reform Act of 1974 against public funding of campaigns for public office, and instead authorizes state and local entities to allocate public funds (pursuant to enacted state laws and local ordinances) to candidates subject to the following limitations:

1. Prohibits the use of public funds earmarked for education, transportation or public safety.

2. Prohibits a candidate from using public funds to pay legal defense fees, or repay personal loans to their campaign.

3. Prohibits a candidate, after their campaign ends, from using any source of funds to repay personal loans to their campaign.

4. Prohibits public funding programs enacted by the state or local agencies from discrimination based on political party or on the basis of whether a candidate is a challenger or incumbent.

5. Authorizes the state and local agencies to establish “strict criteria” that candidates must meet to be eligible to receive public funds. This criteria shall require candidates to demonstrate broad-based support within their districts, such as requiring candidates to receive small-dollar ($10 or potentially higher) contributions or vouchers from a specified number of voting-age residents. This criteria, however, shall not include requiring a candidate to obtain a specified number of signatures, or raise a specified dollar amount through small-dollar contributions.

6. Authorizes the state and local agencies to establish expenditure limits for voluntarily participating candidates, but such limits shall not exceed the “net supportive funds” received by other candidates forthe same office, plus any independent expenditure amounts against the voluntary participating candidate, minus any dollar amount of independent expenditures in support of the qualified, voluntary participating candidate.

7. Provides that the Fair Political Practices Commission is not responsible for administering or enforcing public campaign funding systems established by local agencies.

8. Increases the allowable fine for violations of the Political Reform Act’s prohibition against contributions to campaigns by foreign governments or foreign nationals from one to three times the amount contributed.

The Politics: This measure was placed on the ballot by SB 42 (Umberg, 2025), with the rationale that allowing for public financing of campaigns will reduce the current disproportionate influence of wealthy donors and special interests and enable a wider variety of candidates to run for public office.

Voter approval of this measure is required, because public financing of state and local campaigns is prohibited under provisions of the state’s Political Reform Act enacted by Proposition 73 of 1988. In 2016, the Legislature attempted to amend the Political Reform Act by statute to allow public financing of campaigns, via SB 1107 (Allen), but the Third District Court of Appeal rejected that effort in Howard Jarvis Taxpayers v Newsom (2019), holding that this authorization must be enacted by the voters.Courts, however, have made one exception to these limitations ruling that charter cities have 618 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 6 separate authority to enact public campaign financing programs; eight charter cities currently have them. When this measure was pending in the Legislature, lead supporters included the League of Women Voters, Common Cause, and the California Clean Money Campaign. Opposition was led by the California Taxpayer Association making several arguments including: that it will force taxpayers to finance political speech, governments may be able to prohibit certain candidates from obtaining funding, these mechanisms can lead to abuse and corruption, and both the state and local agencies already face fiscal challenges and budgetary pressures.

Implementation: If this measure is approved by voters, the state, and each local agency, can decide for themselves whether to enact a public campaign finance program consistent with the measure’s provisions. If, however, state and local agencies begin to adopt such programs, political pressure could increase on more local agencies to enact such programs.

HOUSING BONDS
Proposition 1. Veterans and Affordable Housing Bond of 2026.

This measure proposes an $11.250 billion general obligation state housing bond. Of that amount, it allocates: $10 billion to various housing programs administered by the Department of Housing and Community Development (HCD) and the California Housing Finance Agency (CHFA), and $1.250 billion to support housing programs administered by the California Department of Veteran’s Affairs (DVA). The estimated total cost to state taxpayers to pay the principal and interest for this measure is $17.39 billion over 30 years.

The Politics: In late June, the Legislature placed this affordable housing bond, via SB 417 (Limón and Rivas, 2026), on the ballot. The measure enjoyed bi-partisan support with votes of 61-7 in the Assembly, and 29-2 in the Senate. In a related move, the Legislature approved a budget trailer bill, AB 182 (Pellerin, 2026), which directed the Secretary of State to list this measure as Proposition 1 on the November ballot. This is the first affordable housing bond the voters will decide since approving a $3 billion housing bond, Prop. 1 of 2018. While the amount of this bond is significantly larger than prior housing bonds, the demand for affordable housing resources is acute. It would take annual state investments of a similar magnitude to really make a dent in the state’s affordable housing needs identified through the Regional Housing Needs Assessment (RHNA) process. Supporters listed in the final Senate Floor analysis for SB 417 include affordable housing organizations, local government agencies, planning groups, and individual business organizations. Habitat for Humanity was listed in opposition, seeking an amendment to require 10 percent of bond funds to be dedicated to the Cal-Home Program.

Implementation: Several of this bond’s allocations require additional implementation legislation to clarify programmatic detail. In addition, the funds dedicated for homeless and foster youth, local housing trusts, and acquiring and converting units to affordable housing are all subject to three-year reversion provisions. Local agencies should closely track legislative and administrative implementation efforts.

Proposition 37. California Middle-Class Homeownership and Family Home Construction Act of 2026.

This measure authorizes the California Housing Finance Agency (CHFA) to issue up to $25 billion in revenue bonds to offer eligible buyers fixed-rate second mortgages for up to 17% of the purchase price of a “qualified new home” with a value capped no more than 125% of the conforming loan limit 619 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 7 within the applicable county (ranges between $832,750 to $1.249,125). Eligible homes must be new construction or a new residential unit retrofitted from a previous nonresidential property. Borrowers must be California residents earning less than 200% of area median income, pay at least 3% down, and retain a real estate agent or broker to represent them in the transaction. Contractors must agree to comply with labor-related provisions in Sec. 21080.66 PRC applicable to the CEQA exemption for residential construction. Details are also included outlining the process for addressing any construction defect disputes. Provides that the revenue bonds issued are not a debt or liability of the state, and authorizes amendments to further the measure’s purposes, with a 60 percent vote of each house of the Legislature and Governor’s signature.

The Politics: This measure is sponsored by former Assembly Speaker and Senator Bob Hertzberg, who explained his reasons (listed in Ballotpedia) for sponsoring the measure as follows: “I wanted to create something that would support the building of, and therefore supply, more middle-class housing. We need to increase supply. Because these subsidy programs, most of them, just end up increasing the cost of housing. You wind up buying your grandma’s house with bad pipes and a leaky roof, and then you’re stuck with all those expenses. The subsidies raise prices, but they don’t add supply. And lately, everything has been focused on affordable rental housing. This is about ownership. Because, as I always say, home is where the wealth is.” Supporters include the California Association of Realtors, several carpenters unions, and existing and former elected officials. No opposition to the measure is yet listed.

Implementation: If CHFA effectively implements this program, and developers of new homes and lenders participate, California homebuyers will have an additional option to assist them obtain lower-cost downpayment assistance for purchasing new homes. Having more qualified buyers can incentivize construction of more homes. One wrinkle, however, is that buyers of a newly-constructed home through this program are required to retain a real estate agent or broker, which could offset some savings.

STATE BUDGET RESERVE AND TAX PROPOSALS
Proposition 2. Save for California’s Future Act.

This measure makes several revisions to existing Constitutional formulas which require contributions into the Budget Stabilization Account (BSA) also refeed to as the state’s “Rainy Day Fund.” In brief, the measure:
• Increases the total cap of the BSA from 10 to 20 percent of state General Fund revenues. • Increases the maximum revenues attributed from excess capital gains that may be contributed into the BSA from 8-10 percent, with a proviso to include 150 % of any amounts in excess of 10 percent. Prohibits contributions into the BSA from being counted as “appropriations subject to limitation” under the state’s annual appropriations limit (Gann limit)
• Authorizes, in addition to the BSA, that contributions may also be made into a “Projected Surplus Temporary Houlding Account” provided they do not exceed 10 percent of General Fund proceeds of taxes for the fiscal year in which the transfer is made. Prohibits contributions into this “Projected Surplus” account from being counted as “appropriations subject to limitation” under the state’s annual appropriations limit (Gann limit).

Provides, however, that that when revenues are withdrawn or transferred from the BSA or the Projected Surplus accounts they are subject to the Gann Limit. 620 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 8 The Politics: This measure was placed on the ballot by the Legislature via ACA 20 (Gabriel) of 2026.

Legislators supporting the measure were all Democrats, except for one Republican in the Assembly.

The official rationale for this measure is that—given the state’s volatile revenues—it is prudent budgeting to allow legislators to place more into reserves in surplus years, so that they can better cushion impacts on education, social services, health care and other important state programs during downturns. But there are other aspects of this proposal that must also be noted:
• The measure exempts contributions into the state’s reserves from the Gann limit. This totals up to 30% of General Fund revenues, when contributions (20% to the BSA and 10% to the new “Projected Surplus” account) are combined. The motivation for these Gann limit exemptions also reflects the reality that the state exceeded this limit during the post-COVID boom in 2022, where $17 billion was returned to taxpayers, and could soon exceed it again as state revenues increase.
• The existing BSA requires 50 percent of surplus revenues to be placed into reserves, and the remaining 50 percent to be appropriated by the Legislature for a narrow range of activities:
repayment of budgetary loans to the General Fund, repayment of state mandates, and paying down unfunded retirement liabilities, health and other benefits. This measure gives more options to the Legislature including repayment of the Medical Providers Interim Payment Fund, earlier recognition of costs under a specified school local control funding formula, repayment of federal loans to the Unemployment Fund. Offering more spending options of these excess funds could make it less likely the Legislature pays down state unfunded retirement liabilities.
• The measure also reduces the political optics associated with a Governor declaring a fiscal emergency to access the state’s reserve funds. Instead of requiring a separate declaration by the Governor, this measure allows it to be folded into the release of the May Revise.

Implementation: From a local government perspective, having the state maintain healthy budgetary reserves is positive for the state’s economic underpinnings and can avoid chaotic “boom and bust” cycles. Yet, it remains to be seen whether this measure will impose greater fiscal discipline, or improved preparation for an economic recession, since—even in the existing strong economy—the state has been dipping into reserves to fund an ongoing structural deficit.

Proposition 3. California Children’s Education and Health Care Protection Act.

This measure extends and makes permanent the existing income tax tables applicable to highincome earners subject to the state’s 10.3, 11.3, and 12.3 percent tax tables, which are scheduled to sunset in 2031. The funds collected pursuant to these tax tables are dedicated to education and community colleges.

The Politics: This tax on higher-income households was originally approved as “temporary” by voters in 2012, then extended again in 2016. The taxes collected from these tax tables produce approximately $10 billion annually, which are dedicated to schools and community colleges. The state General Fund, however, also benefits because these revenues offset what the state is otherwise required to spend on education (under Proposition 98), and thus it “frees up” an equivalent amount of revenue to be spent on other state priorities. While this measure was qualified as an initiative, it is of obvious importance to Legislators. The Legislature required it to be listed by the Secretary of State as Proposition 3—where it will be seen earlier on the ballot by voters—instead of leaving it with the mix of other tax-related ballot measures (such as Prop. 40, the Billionaire Tax). 621 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 9 Implementation: No local implementation necessary. If this measure is approved by voters, state revenues from these taxes will not sunset in 2031.

Proposition 40. The 2026 Billionaire Tax Act.

This measure imposes a new five percent (5%) tax on California residents who have over $1 billion in personal wealth. The measure directs the revenues collected from this tax into a separate “2026 Billionaire Tax Reserve Fund,” which the Legislature can allocate as provided “by law,” except that these tax proceeds cannot be used to supplant existing state funds for health care, education orfood assistance programs. More specifically, this measure:
• Declares that the purpose of this measure is to protect access to high-quality, equitable health care, and support funding for K-14 (kindergarten-community college) public education and food assistance programs, by raising revenue from a one-time tax on billionaire wealth. In addition, the measure is intended to: “respond to urgent, existing health care, education and nutritional needs that are being worsened by reductions in federal and state funding and the broader fiscal uncertainty facing the state.” • Authorizes the Legislature to amend the provisions of this measure with a two-thirds vote, “if the statute is consistent with and furthers the purposes of the 2026 Billionaire Tax Act.” • Prohibits allocations of revenue from the 2026 Billionaire Tax Reserve Fund from being counted as “appropriations subject to limitation” under the state’s annual appropriations limit (Gann limit).

The Politics: This measure will be one of the most heavily-contested measures on the November ballot. If approved, it will yield a temporary influx of billions into the state treasury, and also raise uncertainties over its longer-term impact on the state’s economy. The measure is sponsored by the Service Employees International Union-United Healthcare Worker’s West (SEIU-UHW West), and supported by the Teamsters California, California Democratic Socialists of America, U.S. Senator Bernie Sanders and others. Arguments on the supporter’s website state: “We’re calling on California’s billionaires to step up and pay a one-time, emergency 5% tax to prevent the collapse of California healthcare and help fund California public K-14 education and state food assistance programs.” Opposition to the measure includes Governor Gavin Newsom, and prominent organizations including the State Building and Construction Trades Council of California, the California Teachers Association, and Planned Parenthood. Governor Newsom, arguing against the measure, states: “It’s really damaging to the state. ... The evidence is in. The impacts are very real — not just substantive economic impacts in terms of the revenue, but start-ups, the indirect impacts of … people questioning long term-commitments, medium-term. That’s not what we need right now, at a time of so much uncertainty. Quite the contrary.”
Implementation: The measure contains an expedited process to resolve disputes over its validity.

Challenges must be filed within 60 days of its passage in Sacramento Superior Court, and that Court is encouraged to resolve claims by April 1, 2027. Appeals must be referred directly to the California Supreme Court and be resolved by November 1, 2027. Individual taxpayers can also be expected to challenge the state’s efforts to determine their residency, level of wealth and collect taxes. Lastly, there is room for future disputes over whether the Legislature could adopt a statute that extends or expands this wealth tax.

Proposition 42. Retirement and Personal Savings Protection Act of 2026. 622 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 10 This measure prohibits any new state tax that either (1) taxes the ownership or control of personal property (including retirement accounts, financial assets, investment accounts, business interests, and intellectual property), or (2) applies retroactively based on the taxpayer’s conduct, activities, or a status (including residency) that occurred before the new tax’s effective date. The measure applies to taxes that are enacted or take effect on or after January 1, 2026, including taxes that appear on the same ballot as this measure. States that if this measure receives more affirmative votes than a conflicting ballot measure (that seeks to impose such taxes) appearing on the same ballot, that “the provisions of this measure shall prevail in their entirety, and all the other provisions of the other measure shall be null and void.”
The Politics: Aside from its stated purpose to “protect the ability of California’s to save for their futures,” this measure is clearly designed as a “poison pill” against Proposition 40, the 2026 Billionaire Tax Act. Supporters for the measure include the California Small Business Association, California Taxpayers Association, California Black Chamber of Commerce with major financial backing from leaders of major California technology companies. Formal opposition is not currently listed for the measure on Ballotpedia.

Implementation: Both this measure and Prop. 40, have language stating that if either receives a greater number of affirmative votes than a conflicting measure it shall prevail. An effort to recount the votes could arise if the margins are narrow. In addition, litigation could be filed to decide the applicability of the conflict clauses. For example, Prop. 40 deals with taxing billionaires, while the protections in this measure apply also to all other taxpayers.

Proposition 41. The Improving Transparency, Effectiveness, and Efficiency in California Government Act of 2026.

This measure prohibits any new state taxes, enacted after January 1, 2026, that exclude their revenues from existing voter-approved state spending limit, including any new taxes that appear on the same ballot as this measure. Requires pre-election audits of programs that would receive funding from a special tax (a tax proposed to fund specific purposes) proposed by voter initiative, and requires recurring audits every four years of programs funded by all special taxes enacted after January 1, 2026.

The Politics: This initiative was drafted by the same proponent who drafted Proposition 42. Aside from imposing various requirements related to state audits, the measure contains a “poison pill” designed to frustrate the enactment of Proposition 40, the 2026 Billionaire Tax Act. The measure provides that “in the event that the other initiative contains a state tax that is exempted or excluded from the Government Spending Limitation (defined by cross-reference to the Gann limit) … and in the event this measure receives a greater number of affirmative votes,the provisions of this measure shall prevail in their entirety, and all provisions of the other measure shall be null and void.” Supporters include CalTax, the New California Coalition, Reform California and a list of leadership from major California technology companies. Formal opposition is not currently listed for the measure on Ballotpedia.

Implementation: An effort to recount the votes could arise if the margins are narrow between this measure and Prop. 40. Should both this measure and Prop. 40 pass, a Court will have to sort through the legal issues associated with the conflict clauses.
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1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 11

OTHER MEASURES
Proposition 5. Recall of State Officers.

This measure makes several changes associated with the removal of state officers by recall:

1. Eliminates the process whereby a recall of the Governor or other state officer is accompanied by an election of a successor who receives a plurality of the vote.

2. Declares that if a state officer is recalled the office is vacant, it shall be filled in accordance with the Constitution and statute.

3. Allows a recalled state officer to be a candidate to fill the seat they were recalled from, but prohibits their appointment to the office they were recalled from.

4. Removes the existing prohibition that a recalled state officer cannot be appointed by a Governor as a judge.

5. Changes the state recall process for the Governor by requiring:
a. If a Governor is recalled, that the Lieutenant Governor to serve as Governor for the remainder of the unexpired term.

6. Provides that if a Governor is recalled during the first two years of the term, that a special election be called and (depending on timing) either consolidated with upcoming statewide primary or general election. If a candidate receives a majority vote in a statewide primary election, they shall serve for the remainder of the Governor’s term. If no candidate receives a majority at the statewide primary election, then the top-two will advance to the general election, where the candidate receiving a majority of votes shall complete the remainder of the Governor’s term.

The Politics: This measure was placed on the ballot by the Legislature with the passage SCA 1 (Newman, 2024), and addresses California’s existing process for voter recall of state officers.

Several prominent recall efforts helped shape legislative discussions of this measure. Former Democratic Senator Josh Newman, the author of this measure, was recalled from his seat in 2018, and replaced at that same election by former Republican Senator Ling LingChang. In 2020, however, Senator Newman ran again and regained his office. (However, he lost his seat again in 2024.) In 2003, Democratic Governor Gray Davis was recalled in a special election, and then replaced as Governor by Republican Arnold Schwarzenegger. More recently, in 2021, a recall effort was made on Governor Gavin Newsom, but that effort was defeated with 61% of the vote. While presenting this measure in the Legislature, Senator Newman argued that it “will ensure that statewide and legislative recalls in California are democratic, fair and not subject to political gamesmanship.” Supporters in the Legislature included the League of Women Voters and Common Cause. Opponents were led by Election Integrity ProjectCalifornia who argued in rejecting the concept that the Lieutenant Governor serve as a replacement for a recalled Governor, noting that they are usually of the same political party, and that “it is the people’s right to not only to vote to oust the person in question, but to choose a replacement.”
Implementation: This measure focuses on recall issues associated with state officers.

Proposition 38. California Immunology Research and Cures Initiative.

This measure proposes a $8.4 billion state general obligation bond for immunology and immunotherapy research (technologies that use body’s immune system to treat disease) was placed on the ballot via the initiative process. Its purpose is to fund research to advance the prevention and treatment of various illnesses including: cancer, heart disease, diabetes, Alzheimer’s, Parkinson’s, high blood pressure, and high cholesterol. Much of this funding is required 624 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 12 to be directed through the State Department of Public Health to fund “a world-class and innovative immunology immunotherapy research institute affiliated with the University of California.” In addition, other provisions of this measure:

1. Requires 50 percent of the bond directed to this institute, along with a $100 million state start-up fund from the General Fund which will be repaid once bonds are issued.

2. Requires grant made to a recipient to offer the institute and the University of California Los Angeles (UCLA) the opportunity to substantially participate and collaborate on funded research and clinical trials.

3. Requires recipients of grant funds to pay 10 percent of all revenues the state derived from the sale, licensing, commercialization, or monetization of intellectual property rights that arise from funded research. Also, requires that any developed technology or drug be made available to California patients, hospitals and insurance companies at a 20 percent discount to the average national price.

The Politics: The primary recipient of these funds appears to be the recently-formed California institute of Immunology and Immunotherapy affiliated with UCLA (based on various descriptions in the measure). UCLA recently acquired control for the former Westside Pavilion mall, which is being converted into the UCLA Research Park. The state previously contributed $200 million to assist with acquiring this property. Major philanthropic contributors to this project include a $120 million donation from surgeon and inventor Dr. Gary Michelson and his wife, Alya. A quote attributed to UCLA Health CEO John Mazziota states: “The goal is to build the immunology equivalent to Silicon Valley in Los Angeles.” The measure is supported by a wide range of health and medical research related organizations. No opposition has been identified on Ballotpedia.

Implementation: This measure includes extensive detail governing the allocation of the funds and accountability provisions. A research council is also established with a seven-member executive committee consisting of the chancellors of the following UC campuses: Berkeley, Davis, Irvine, Los Angeles, Riverside, San Diego, and San Francisco.

Proposition 44. The Clinic Funding Accountability and Transparency Act.

This measure requires nonprofit federally qualified health centers (community clinics that provide primary care to medically underserved areas and populations) to spend at least 90% of their revenue on program services advancing their charitable purpose, including but not limited to patient services, rather than management and overhead. This measure requires affected clinics to file specified data on their annual revenues and expenses with the Attorney General’s (AG) Registry of Charities and Fundraisers, and for the AG to calculate a “mission spend ratio” for each entity.Clinics that fail to submit reports can be fined up to $10,000 per month. Any clinic that fails to meet its mission spend ratio shall be subject to an administrative penalty equal to the difference between what the clinic spent on “mission” activities compared to 90 percent of the clinic’s revenue. The funds collected from administrative penalties shall be held in a special account for up to five years, after which they may be appropriated by the Legislature for clinical worker training, recruitment and retention.

The Politics: This measure is sponsored by Service Employees International Union-United Healthcare Workers (SEIU-UHW and SEIU 721), who are engaged in a broader effort to organize community clinic workers to have a larger say in decisions that impact in patient care, and have the opportunity to bargain for better pay and benefits. They argue this measure is necessary because 625 of 791
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM PAGE 13 “Clinic CEOs are… misusing our tax dollars, and spending millions on executive pay and other nonessentials….As massive cuts to federal healthcare funding hit California, it is time to ensure community clinics are spending our tax dollars where it is needed most: on patient care.” Opposition to the measure is led by theCalifornia Hospital Association,CaliforniaMedical Association, Planned Parenthood, the California Teachers Association and a wide range of other groups. The President and CEO of the California Primary Care Association argues: “We will not allow California’s most vulnerable patients to be used as political pawns. Our broad coalition will mount an aggressive campaign to educate voters, defeat this reckless initiative, and protect care for millions of patients.” Implementation: The California Attorney General’s office is the lead state entity charged with implementing this measure.
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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: 13 Section Name: CONSENT CALENDAR Account Number: 10-2313 File ID: 26-12757 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: October 19, 2026
SUBJECT:

SEIU Library Merit and SEIU Library Per Diem — MOU Amendments RECOMMENDATION:

Adopt a Resolution to amend the Memorandum of Understanding (“MOU”) between the City of San Mateo (“City”) and SEIU Library Merit and SEIU Per Diem (“SEIU-Library”) for a term through June 16, 2029, and to approve a supplemental budget appropriation from the General Fund balance in the amount of $185,000 to the fiscal year 2026-27 budget.

BACKGROUND:

SEIU-Library represents a total of 26 merit employees and 60 per diem employees. The MOU contract with this bargaining unit expired on June 21, 2026.

On March 26, 2026, the City initiated contract negotiations with SEIU-Library. Consistent with the direction provided by the City Council, negotiators for the City and the bargaining unit reached a total tentative agreement on October 6, 2026 during mediation. The membership has ratified the proposed changes to their MOU.

This agreement includes the following:

Merger Reopener If SEIU bargaining units merge after following the unit modification process pursuant to Personnel Rules and Regulations, the City would agree to have a re-opener of the MOU contract for SEIU Library.

Recognition SEIU Library Merit and Per Diem units shall be considered one unit. The rights and protections in the current Merit and Per Diem MOU will remain the same. The MOU will be combined integrating the Merit and Per Diem sections, distinguishing the differences between each unit.

Monday Holidays For holidays that fall on Monday, the Library shall be closed on the preceding Sunday. The City is committed to agendizing holiday per diem scheduling in the next Joint Labor Management Committee meeting following Council adoption of the MOU.

Bilingual Differential The City is committed to updating the citywide Bilingual Policy. All bargaining units will be invited to meet and confer within ten (10) months following Council adoption of the MOU.

General Membership The Union may submit a request for paid or unpaid release time for employees to participate in Union business/events that provide mutual benefit to both the Union and the City, in compliance with applicable federal, state, and local laws, rules, regulations, and City policies. Employees are prohibited from engaging in political activities while on duty or when on City premises, as stated in the Political Activities Policy. 627 of 791

CITY OF SAN MATEO
All release time requests must be submitted to the Human Resources Director and shall be subject to final approval by the City Manager.

Term Three (3) year term expiring June 16, 2029, opportunity to reopen in 2027 if SEIU bargaining units merge.

Compensation Increases
During the Term of this
Agreement
A total of 14.23%/14.02% over a 3-year term, as follows:

A. Cost of Living Adjustments
Effective Date COLA
Effective the first full pay period following Council
adoption of this agreement. 3%
June 20, 2027 2%
June 18, 2028 2%
B. Equity Adjustments
Effective the first full pay period following Council adoption of this agreement, to bring the classification up to market median, the following classifications will receive an equity adjustment as outlined below:
• Librarian II (Benchmark) – 7.23%
• Librarian I
• Literacy Program Coordinator
• Literacy Specialist
• Library Assistant II (Benchmark) – 7.06%
• Senior Library Assistant
• Library Assistant I
• Library Aid I
• Library Aid II
C. “Me Too” Clause
If during the term of this Memorandum of Understanding, SEIU Maintenance receives a higher COLA for Year 2 (Fiscal Year 27/28) or Year 3 (Fiscal Year 28/29), SEIU Library shall receive the same COLA percentage.

The equity adjustments for the Library Unit and the Maintenance Unit shall be calculated consistently. If the SEIU Maintenance Unit agreement calculates Market Median Total Compensation equity adjustments in a different manner, the City shall calculate the equity adjustments provided under this Agreement using the same formula ultimately applied to the SEIU Maintenance Unit.

The effective date of such adjustment shall be the effective date of the City Council adopted SEIU Maintenance Unit across the board increase. The total compensation survey market median shall be determined by the existing agreed upon survey methodology and using the 2026 Bryce Library Total Comp studies for Librarian II and Library Assistant II.

Any adjustments as a result of this clause shall not result in a pay reduction for any library employee(s).
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CITY OF SAN MATEO
Librarian in Charge One (1) employee in the classification of Librarian who is designated to be “in-charge” shall receive an additional 5% of base pay for all hours worked performing “in-charge” duties during evening and weekend shifts when management is not present. The designation will be assigned on a scheduled rotation that addresses meal periods and ensures continuity.

Compensation Increases
During the Term of this
Agreement
Effective the first full pay period following Council adoption of this agreement, Literacy Specialists shall have their pay scale made equal to Librarian I and Literacy Coordinator pay scale will be made equal to Librarian II.

Differential and
Premium Pay
Update language and clarify that Temporary Upgrade Pay (TUP) and Work Out of Class (WOC) Pay must be a minimum of one (1) pay period. Update language to ensure compliance with CalPERS and Public Employees’ Retirement Law (PERL). Clarify the difference between TUP and WOC and re-organize the order of Premium Pays.

Other There are language changes to update, clarify, and/or comply with federal and state laws.

BUDGET IMPACT:

The 2026-27 adopted operating budget includes the cost-of-living adjustment (COLA). A supplemental budget appropriation is required for the negotiated equity adjustments. Budget impact is estimated to be an increase of $185,000 to the General Fund.

ENVIRONMENTAL DETERMINATION:

This tentative agreement 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).)

STRATEGIC PLAN ALIGNMENT
This staff report supports the Organizational Health and Good Governance initiative.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A – Tentative Agreements

STAFF CONTACT
Aracelia Esparza, Director of Human Resources
[email protected]
(650) 522-7276
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2026)

APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF SAN MATEO AND SEIU LIBRARY MERIT AND LIBRARY PER DIEM WHEREAS, the amendments are related to salary, term, other pays and miscellaneous language changes relating to the Memorandum of Understanding (“MOU”) between the City of San Mateo (“City”) and SEIU Library Merit and SEIU Per Diem (“SEIU-Library”) for a term through June 16, 2029, and to approve a supplemental budget appropriation from the General Fund balance in the amount of $185,000 to the fiscal year 2026-27 budget; and WHEREAS, the parties have negotiated in good faith, and have reached tentative agreement to amend the SEIU Library Merit and Library Per Diem (“SEIU- Library”) MOU; and WHEREAS, the SEIU-Library membership has ratified the Tentative Agreement; and

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

1. This Tentative Agreement is not subject to CEQA because it will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

2. The amendments to the Memorandum of Understanding for the SEIU-Library, set forth in the Tentative Agreements attached as Exhibit A.
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Exhibit A
Summary of Tentative Agreements:

Section City Proposal to SEIU Library Proposals
Merger Reopener If SEIU bargaining units merge after following the unit modification process pursuant to Personnel Rules and Regulations, the City would agree to have a re-opener of the MOU contract for SEIU Library.

All release time requests must be submitted to the Human Resources Director and shall be subject to final approval by the City Manager.

Term Three (3) year term expiring June 16, 2029, opportunity to reopen in 2027 if SEIU bargaining units merge.

Compensation Increases
During the Term of this
Agreement
A total of 14.23%/14.02% over a 3-year term, as follows:

A. Cost of Living Adjustments
Effective Date COLA
Effective the first full pay period following Council
adoption of this agreement. 3%
June 20, 2027 2%
June 18, 2028 2%
B. Equity Adjustments
Effective the first full pay period following Council adoption of this agreement, to bring the classification up to market median, the following classifications will receive an equity adjustment as outlined below:
• Librarian II (Benchmark) – 7.23%
• Librarian I
• Literacy Program Coordinator
• Literacy Specialist
• Library Assistant II (Benchmark) – 7.06%
• Senior Library Assistant
• Library Assistant I
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• Library Aid I
• Library Aid II
C. “Me Too” Clause
If during the term of this Memorandum of Understanding, SEIU Maintenance receives a higher COLA for Year 2 (Fiscal Year 27/28) or Year 3 (Fiscal Year 28/29), SEIU Library shall receive the same COLA percentage.

Any adjustments as a result of this clause shall not result in a pay reduction for any library employee(s).

Librarian in Charge One (1) employee in the classification of Librarian who is designated to be “in-charge” shall receive an additional 5% of base pay for all hours worked performing “in-charge” duties during evening and weekend shifts when management is not present. The designation will be assigned on a scheduled rotation that addresses meal periods and ensures continuity.

Other There are language changes to update, clarify, and/or comply with federal and state laws.

All Tentative Agreements will follow on the next page.
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TOTAL TENTATIVE AGREEMENT
City of San Mateo
to
Service Employees Internation Union Library Merit and Per Diem October 6, 2026
Following is the total tentative agreement for a successor MOU between SEIU Local 521 and the City of San Mateo. Any language not addressed below will remain as stated in the parties July 9, 2023 – June 21, 2026 MOU.

Recognition SEIU Library Merit and Per Diem units shall be considered one unit.

The rights and protections in the current Merit and Per Diem MOU will remain the same. The MOU will be combined integrating the Merit and Per Diem sections, distinguishing the differences between each unit.

Monday Holidays For holidays that fall on Monday, the Library shall be closed on the preceding Sunday.

The City is committed to agendizing holiday per diem scheduling in the next Joint Labor Management Committee meeting following Council adoption of the MOU.

All release time requests must be submitted to the Human Resources Director and shall be subject to final approval by the City Manager.

Deferred Compensation Allow flexibility in deferring some of the salary adjustments (COLA or Equity Adjustments) based upon the interest of SEIU Library Merit and Per Diem.

Librarian in Charge One (1) employee in the classification of Librarian who is designated to be “incharge” shall receive an additional 5% of base pay for all hours worked performing “in-charge” duties during evening and weekend shifts when management is not present. The designation will be assigned on a scheduled rotation that addresses meal periods and ensures continuity.

Docusign Envelope ID: 23587FF9-DCD4-869E-8004-C1E14F99572F 633 of 791

Page 2 of 3 ends

Compensation
Increases During the
Term of this Agreement
A total of 14.23%/14.06% over a 3-year term, as follows:

A. Cost of Living Adjustments
Effective Date COLA
Effective the first full pay period following Council
adoption of this agreement.
3%
June 20, 2027 2%
June 18, 2028 2%
B. Equity Adjustments
Effective the first full pay period following Council adoption of this agreement, the following classifications will receive an equity adjustment as outlined below:
• Librarian II (Benchmark) – 7.23%
• Librarian I
• Literacy Program Coordinator
• Literacy Specialist
• Library Assistant II (Benchmark) – 7.06%
• Senior Library Assistant
• Library Assistant I
• Library Aid I
• Library Aid II
C. “Me Too” Clause
If during the term of this Memorandum of Understanding, SEIU Maintenance receives a higher COLA for Year 2 (Fiscal Year 27/28) or Year 3 (Fiscal Year 28/29), SEIU Library shall receive the same COLA percentage.

Any adjustments as a result of this clause shall not result in a pay reduction for any library employee(s).

Compensation
Increases During the
Term of this Agreement
Effective the first full pay period following Council adoption of this agreement, Literacy Specialists shall have their pay scale made equal to Librarian I and Literacy Coordinator pay scale will be made equal to Librarian II.

Term Three (3) year term expiring June 16, 2029, opportunity to reopen in 2027 if SEIU bargaining units merge.

Differential and
Premium Pay
Update language and clarify that Temporary Upgrade Pay (TUP) and Work Out of Class (WOC) Pay must be a minimum of one (1) pay period. Update language to ensure compliance with CalPERS and Public Employees’ Retirement Law Docusign Envelope ID: 23587FF9-DCD4-869E-8004-C1E14F99572F 634 of 791

Page 3 of 3 ends

(PERL). Clarify the difference between TUP and WOC and re-organize the order of Premium Pays.

This tentative agreement includes the City’s proposal of June 4, 2026:

Section City Proposal to SEIU Library Proposals
Housekeeping Update Language and provide clarification.

TA Status - City Proposals
Section Proposal Status
Protected Leave Clarify that the amount of protective leave varies based on the various federal and state laws (e.g., FMLA, CFRA, PDL, etc.).

TA on 7/28/2026
Family School
Partnership Act
Leave
Provide employees up to forty (40) hours of leave per year to participate in school activities in accordance with state law.

Employees shall utilize their own leave balances under this section.

TA on 4/23/2026
(Merit)
TA on 4/20/2026 (Per
Diem)
Bereavement
Leave
Increase Bereavement Leave from 3 to 5 days and update
“immediate family” definition to comply with federal and state law.

TA on 7/28/2026
Extended Sick
Leave
Eliminate extended sick leave as this section has not been utilized and employees are eligible for SDI.

TA on 7/28/2026
Family Sick
Leave
Clarify that employees may take up to half of their accrued sick leave per calendar year to attend to family members who are ill or injured in accordance with state law. Merit = 6 days; Per Diem = varies.

TA on 7/28/2026
Victim and Family
Support Leave
Add a new section to comply with Government Code
§12945.8, granting employees unpaid, job-protected leave of absence if they or their family members are a victim of a qualifying act of violence.

TA on 7/28/2026
Industrial Sick
Leave
Update and clean-up language. TA on 7/28/2026
Exempt
Employees
Update section to add 2 classifications: Literacy Program Coordinator and Literacy Specialist.

TA on 7/28/2026
For the SEIU-Library: For the City:
___________________________ ___________________________ Eric Rosenthal Stacey Cue, IEDA
Date: __________ Date:____________
____________________________ _____________________________ ____________________________ _____________________________ ____________________________ _____________________________ ____________________________
Docusign Envelope ID: 23587FF9-DCD4-869E-8004-C1E14F99572F 10/14/2026 10/14/2026
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #1

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Throughout the Memorandum of Understanding Intent: Update language and provide clarification. If a signed Tentative Agreement (TA) modifies the language addressed in this Housekeeping TA, the signed TA shall supersede and control to the extent of any conflicting language except in terminology in which the intention is to replace the term “employee” with “worker.”

CITY OF SAN MATEO
AND

SEIU LIBRARY MERIT UNIT

MEMORANDUM
OF

UNDERSTANDING
EFFECTIVE:

July 9, 2023 – June 21, 2026
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 636 of 791
i SEIU Library Merit
2020-2023

CITY OF SAN MATEO LIBRARY MERIT UNIT

TABLE OF CONTENTS

1.0 RECOGNITION ................................................................................................................5

2.0 NO DISCRIMINATION ...................................................................................................6

3.0 UNION SECURITY ...........................................................................................................6

3.1 PAYROLL DEDUCTIONS AND PAY-OVER .......................................................................................... 6

3.2 LEAVES OF ABSENCE WITHOUT PAY FOR UNION WORK ................................................................. 6

3.3 ENFORCEMENT ................................................................................................................................. 7

3.4 THIRD PARTY NOTIFICATION .......................................................................................................... 7

4.0 UNION RIGHTS ................................................................................................................7

4.1 MEET AND CONFER .......................................................................................................................... 7

4.2 BULLETIN BOARDS ........................................................................................................................... 7

4.3 ACCESS TO WORK LOCATIONS........................................................................................................ 7

4.4 ACCESS TO FACILITIES .................................................................................................................... 7

4.5 MAIL DISTRIBUTION ........................................................................................................................ 7

4.6 EMPLOYEE REPORTS ....................................................................................................................... 7

4.7 NEW HIRE ORIENTATION ................................................................................................................ 8

5.0 UNION NOTICE ................................................................................................................8

6.0 STEWARDS AND REPRESENTATIVES ......................................................................9

6.1 STEWARDS ........................................................................................................................................ 9

6.2 OFFICIAL REPRESENTATIVES .......................................................................................................... 9

6.3 REPRESENTATION ............................................................................................................................ 9

7.0 CITY RIGHTS ...................................................................................................................9

8.0 COMPENSATION ..........................................................................................................10

8.1 SALARY ADVANCEMENT WITHIN RANGE ..................................................................................... 10

8.2 SALARY ADVANCEMENT REVIEW.................................................................................................. 10

8.3 SALARY STEP UPON STATUS CHANGES ......................................................................................... 10

8.3.1 Appointment .................................................................................................................... 10

8.3.2 Promotion ........................................................................................................................ 10

8.3.3 Per Diem to Merit ........................................................................................................... 11

8.3.4 Demotion .......................................................................................................................... 11

8.3.5 Transfer ........................................................................................................................... 11

8.3.6 Re-Employment .............................................................................................................. 11

8.3.7 Involuntary Demotion .................................................................................................... 11

8.3.8 Request for Transfer ...................................................................................................... 11

8.3.9 Reclassification Procedure ............................................................................................. 12

8.4 LIMITED DURATION POSITIONS..................................................................................................... 12

8.5 DEFERRED COMPENSATION ........................................................................................................... 12

9.0 SALARY ADJUSTMENT ...............................................................................................12

9.1 COMPENSATION INCREASES DURING THE TERM OF THIS AGREEMENT ...................................... 13

9.2 MARKET PLACEMENT AND COMPENSATION SURVEY .................................................................. 13

9.3 MID-TERM PAY RAISES ................................................................................................................. 13

9.4 NEW HIRE COMPENSATION ........................................................................................................... 14

9.5 PERFORMANCE BASED COMPENSATION INCREASES .................................................................... 14

9.6 NOTICE TO EMPLOYEE OF DENIAL ............................................................................................... 14

9.7 PERFORMANCE EVALUATIONS ...................................................................................................... 14

9.8 COMPENSATION REVIEW ............................................................................................................... 14

10.0 PROBATIONARY PERIOD ..........................................................................................14

11.0 DIFFERENTIALS AND PREMIUM PAY ......................................................................15

11.1 BILINGUAL DIFFERENTIAL ............................................................................................................ 15

11.2 WORK OUT OF CLASS .................................................................................................................... 15 Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 637 of 791
ii SEIU Library Merit
2020-2023

11.3 TEMPORARY UPGRADE PAY .......................................................................................................... 15

11.4 OVERTIME ...................................................................................................................................... 16

11.4.1 Exempt Employees .......................................................................................................... 16

11.4.2 FLSA Audit ..................................................................................................................... 16

11.4.3 Definitions ........................................................................................................................ 17

11.4.4 Overtime Rate ................................................................................................................. 17

11.4.5 Overtime Minimum ........................................................................................................ 17

11.4.6 Overtime Authorization ................................................................................................. 18

11.4.7 Hours of Work/Definition of Workweek ...................................................................... 18

11.4.8 Review of Library Schedule ........................................................................................... 18

11.4.9 Change in Work Schedule .............................................................................................. 18

11.4.10 Alternate/Flexible Work Schedule ................................................................................ 18

11.5 EASTER SUNDAY PAY ..................................................................................................................... 18

12.0 EDUCATION AND TRAINING REIMBURSEMENT ...............................................19

13.0 VACATION ......................................................................................................................19

13.1 CITY POLICY .................................................................................................................................. 19

13.2 VACATION ALLOWANCE ................................................................................................................ 19

13.3 VACATION ACCUMULATION .......................................................................................................... 19

13.4 VACATION SELL-BACK .................................................................................................................. 20

13.5 VACATION SCHEDULING ................................................................................................................ 20

13.6 PERSONAL BUSINESS ...................................................................................................................... 20

13.7 AMOUNT OF VACATION TIME ........................................................................................................ 20

13.8 VACATION EMERGENCY ................................................................................................................ 20

14.0 HOLIDAYS ......................................................................................................................20

14.1 HOLIDAYS ....................................................................................................................................... 20

14.2 BOARD DESIGNATED SPECIAL HOLIDAYS ..................................................................................... 21

14.3 SATURDAY AND SUNDAY HOLIDAYS .............................................................................................. 21

14.4 WORK ON A HOLIDAY .................................................................................................................... 22

15.0 SICK LEAVE ...................................................................................................................22

15.1 PURPOSE ......................................................................................................................................... 22

15.2 SICK LEAVE ACCRUAL ................................................................................................................... 22

15.3 DOCTOR'S CERTIFICATION ............................................................................................................ 23

15.4 PROTECTED SICK LEAVE ............................................................................................................... 23

15.4.1 Bereavement Leave ......................................................................................................... 23

15.5 EXTENDED SICK LEAVE ................................................................................................................. 23

15.6 SICK LEAVE ADVANCE ................................................................................................................... 24

15.7 ACCUMULATION OF VACATION, SICK LEAVE, AND HOLIDAY CREDIT ........................................ 24

15.8 DAILY HOUR VALUE/PART-TIME MERIT WORKER ..................................................................... 24

16.0 CATASTROPHIC INJURY OR ILLNESS LEAVE ....................................................24

16.1 PURPOSE ......................................................................................................................................... 24

16.2 CATASTROPHIC INJURY OR SERIOUS HEALTH CONDITION DEFINED .......................................... 24

16.3 WORKERS ELIGIBLE TO DONATE .................................................................................................. 24

16.4 WORKERS ELIGIBLE TO RECEIVE DONATIONS ............................................................................ 25

16.5 LIMITS ON DONATED TIME ............................................................................................................ 25

16.6 HOURLY DONATIONS ..................................................................................................................... 25

17.0 HEALTH AND WELFARE ............................................................................................25

17.1 HEALTH INSURANCE ...................................................................................................................... 25

17.2 INTERNAL REVENUE CODE SECTION 125 PLAN ............................................................................ 27

17.2.1 Merit Employees hired before July 1, 2006 .................................................................. 26

17.2.2 Merit Employees hired on or after July 1, 2006 ........................................................... 26

17.3 DENTAL INSURANCE ....................................................................................................................... 27

17.4 VISION INSURANCE......................................................................................................................... 27

17.5 LIFE INSURANCE ............................................................................................................................ 27

17.6 AD&D INSURANCE ........................................................................................................................ 27

17.7 LONG-TERM DISABILITY INSURANCE ........................................................................................... 27

17.8 RETIREMENT .................................................................................................................................. 28 Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 638 of 791
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17.9 TERMINATION PAY ......................................................................................................................... 28

17.10 REHABILITATION ........................................................................................................................... 29

17.11 SAFETY COMMITTEE ...................................................................................................................... 29

17.12 RETIREMENT HEALTH SAVINGS ACCOUNT .................................................................................. 29

18.0 EMPLOYMENT LEAVES .............................................................................................30

18.1 CONTINUOUS SERVICE DEFINED ................................................................................................... 30

18.2 DISABILITY LEAVE ......................................................................................................................... 30

18.3 MILITARY LEAVE ........................................................................................................................... 31

18.4 JURY DUTY ..................................................................................................................................... 31

18.5 LEAVE OF ABSENCE WITHOUT PAY .............................................................................................. 31

18.6 VOLUNTARY REDUCTION IN WORK HOURS .................................................................................. 32

18.7 FAMILY CARE LEAVE .................................................................................................................... 32

19.0 EMPLOYMENT ADMINISTRATION .........................................................................32

19.1 PERSONNEL FILES .......................................................................................................................... 32

19.1.1 Release of Information ................................................................................................... 32

19.1.2 Access and Contents ....................................................................................................... 32

19.1.3 Letters of Reprimand ..................................................................................................... 32

19.2 FLEXIBLE STAFFING ....................................................................................................................... 33

19.3 EMPLOYMENT DEVELOPMENT ...................................................................................................... 33

19.4 CREDIT FOR PREVIOUS EMPLOYMENT ......................................................................................... 33

20.0 GRIEVANCE PROCEDURES .......................................................................................34

20.1 PURPOSE. ........................................................................................................................................ 34

20.2 GRIEVANCE DEFINITIONS .............................................................................................................. 34

20.2.1 Grievance ......................................................................................................................... 34

20.2.2 Supervisor ........................................................................................................................ 34

20.2.3 Party ................................................................................................................................. 34

20.2.4 Working Day ................................................................................................................... 34

20.3 INFORMAL DISCUSSION. ................................................................................................................. 34

20.4 FORMAL GRIEVANCE - STEP ONE. ................................................................................................ 35

20.5 FORMAL GRIEVANCE - STEP TWO. ................................................................................................ 35

20.6 ARBITRATION - STEP THREE. ........................................................................................................ 35

20.7 TIME ............................................................................................................................................... 36

20.8 GENERAL ........................................................................................................................................ 36

20.9 EXCLUSIONS ................................................................................................................................... 37

21.0 DISCIPLINARY PROCEDURE AND PERSONNEL BOARD PROCESS ...............37

21.1 DISCIPLINARY ACTION DEFINITION .............................................................................................. 37

21.2 WEINGARTEN RIGHTS (RIGHT TO HAVE UNION REPRESENTATION IN AN INVESTIGATORY MEETING) ..............................................................................................37

21.3 DISCIPLINARY ACTION .................................................................................................................. 37

21.3.1 Notice of Proposed Discipline ........................................................................................ 37

21.3.2 Notice of Disciplinary Action ......................................................................................... 38

21.4 APPEALS ......................................................................................................................................... 38

21.4.1 Time for Appeal .............................................................................................................. 38

21.4.2 Notice of Appeal - Contents. .......................................................................................... 39

21.4.3 Setting Hearing Date ...................................................................................................... 39

21.4.4 Findings and Conclusions .............................................................................................. 39

22.0 LAYOFF PROCEDURE .................................................................................................39

22.1 LAYOFF DEFINED ........................................................................................................................... 39

22.2 SENIORITY ...................................................................................................................................... 39

22.3 SENIORITY FOR LAYOFF PURPOSES .............................................................................................. 40

22.4 BUMPING RIGHTS ........................................................................................................................... 40

22.5 MUTUALLY AGREED UPON TRANSFER ......................................................................................... 40

22.6 SEVERANCE PACKAGE ................................................................................................................... 40

22.7 SALARY IN EVENT OF CHANGE DUE TO LAYOFF .......................................................................... 41

22.8 NOTICE OF LAYOFF ........................................................................................................................ 41

22.9 EFFECTIVE DATE OF LAYOFF ........................................................................................................ 41 Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 639 of 791
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22.10 APPEAL ........................................................................................................................................... 41

23.0 RECALL AND REEMPLOYMENT .............................................................................42

23.1 MEET AND CONFER ........................................................................................................................ 42

24.0 RE-EMPLOYMENT PROCEDURES AFTER RESIGNATION ...............................42

25.0 MISCELLANEOUS PROVISIONS ...............................................................................43

25.1 MILEAGE ALLOWANCE .................................................................................................................. 43

25.2 JOINT LABOR MANAGEMENT COMMITTEE .................................................................................. 43

26.0 NO STRIKE ......................................................................................................................43

27.0 NO LOCKOUT ................................................................................................................43

28.0 SEVERABILITY OF PROVISIONS .............................................................................44

29.0 CONTRACTING OUT ....................................................................................................44

30.0 AGREEMENT TERM.....................................................................................................44 EXHIBIT A LIBRARY MERIT UNIT CLASSIFICATIONS ........ 4ERROR! BOOKMARK NOT DEFINED.

EXHIBIT B BENEFIT SUMMARY SHEET ............................ 4ERROR! BOOKMARK NOT DEFINED.

INDEX ....................................................................................................................................44

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF SAN MATEO
AND

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
March 8, 2020– March 4, 2023
This Memorandum of Understanding constitutes the result of meeting and conferring in good faith pursuant to the provisions of Chapter 10, Division 4, Title 1, of the Government Code of the State of California.

Modifications to existing wages, hours and conditions of employment set forth below have been agreed to by the signatories to this Memorandum for implementation, for all workers represented by the Service Employees International Union, Local 521. This Memorandum of Understanding shall remain in full force and effect upon the approval of the City Council of the City of San Mateo and ratification by the members of the Library Merit Unit; and the terms of this agreement shall be binding upon all successors and assigns of each party to this MOU. The parties agree as follows:

1.0 RECOGNITION
The City has recognized the Union as the exclusive bargaining representative for all classifications specifically listed in Exhibit A. For purposes of identification this unit shall be entitled the Library Merit Unit.

Duties covered by the foregoing classifications shall not regularly be assigned to workers not in the SEIU Library Merit Unit except as authorized by contractual agreement with the Library Per Diem Unit.

New workers hired and assigned to classifications covered by the SEIU Library Merit Unit shall be advised by the City that Local 521, Service Employees International Union, is the recognized bargaining representative in said unit. The City agrees to distribute to all new workers in the Library Merit Unit a reasonable amount of materials provided by the Union.

Classifications represented by SEIU Local 521 funded under federal or state employment programs shall be included in the Library Merit Unit.

The Personnel Officer, Municipal Employee Relations Officer, or any person or organization authorized by the City, is the representative in employer-worker relations.

If the City develops a new classification, the Union will be notified of the proposed unit designation.

The City agrees to recognize SEIU Local 521 as the representative of part-time merit workers performing duties of the classifications listed in Exhibit A.

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2.0 NO DISCRIMINATION
The City and the Union agree that there shall be no discrimination of any kind because of race, creed, religion, color, national origin, sex, political affiliation, disability, sexual orientation, or union activity against any worker or applicant for employment; and to the extent prohibited by applicable state and federal law there shall be no discrimination because of age.

3.0 UNION SECURITY

3.1 Payroll Deductions and Pay-over
The Union may request that the City make payroll deductions from certain workers employees by providing the City with a list of those workers employees from whom deductions should be made. When requesting a deduction, the Union shall certify that it has, and will maintain, an authorization to make the deduction, signed by the individual from whose salary or wages the deduction is to be made. The City shall rely on information provided by the Union regarding whether deductions for an worker employee organization were properly canceled or changed, and the worker employee organization shall indemnify the public agency for any claims made by the worker employee for deductions made in reliance on that information.

The workeremployee’s earnings must be sufficient, after other legal and required deductions are made, to cover the amount of the dues authorized.

When an worker employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an worker employee who is in a non-pay status during only part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made.

3.2 Leaves of Absence without pay for Union work
Leaves of absence without pay to take employment with the Union signatory to this MOU shall be granted for a minimum of two (2) full biweekly pay periods and a maximum of 12 full biweekly pay periods upon thirty (30) days advanced written notice from the Union. Notice shall include the estimated length of time for the leave of absence.

Workers are entitled to retain any accrued vacation and holiday credits while on such leaves. In the event that workers on approved Union leaves want to continue group benefits coverage (including medical, dental, vision and life insurance) through the City plans, arrangements will be made for the Union to reimburse the City for the costs associated with continuing such coverage.

No more than one (1) worker employee shall be granted a leave of absence without pay at a time. In the event the worker employee is in a business-critical position, a meeting will occur between the Union and the Department Head regarding the feasibility of the release.

Denials will be provided in writing and will include the reason for the denial. Denials may be appealed to the Human Resources Director, whose decision shall be final.

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3.3 Enforcement
Nothing herein shall require the City to take disciplinary action against any worker employee who fails to comply with the provisions of this Article.

3.4 Third Party Notification
The City shall immediately notify the Union of any third-party request for contact information about the bargaining unit workersemployees. The City shall promptly provide the Union with a copy of the request.

4.0 UNION RIGHTS

4.1 Meet and Confer
In the event any new practice or subject matter, including job classification modification, arises during the term of this Agreement and an action is proposed by the City, the Union shall be afforded all possible notice and shall have the right to meet and confer upon request.

4.2 Bulletin Boards
The City shall provide Union bulletin boards at all work locations for the posting of official Union bulletins and notices.

4.3 Access to Work Locations
Staff representatives of the Union are authorized to visit work locations for the purpose of ascertaining whether or not this Agreement is being observed. This right shall be exercised reasonably. Such staff representatives of the Union shall notify management at the work location of their visit and shall not disrupt the normal conduct of work. Such activities as collection of dues, holding membership meetings, and conducting elections are prohibited during working hours without the prior approval of the Human Resources Director or an authorized representative.

4.4 Access to Facilities
City buildings and other facilities shall be made available for use by the Union or their representatives in accordance with City administrative procedures governing such use.

4.5 Mail Distribution
SEIU Local 521 may distribute a reasonable amount of information to City workers through intra- and inter-departmental mail without interference or censorship.

4.6 Employee Worker Reports
Pursuant to Government Code section 3558, the City of San Mateo shall provide SEIU Local 521 with the following information regarding all workers employees in the bargaining unit:
a. Name
b. Job title
c. Department
d. Home Department Description
e. Work phone number
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f. Home phone number
g. Personal cell phone number
h. Home address
i. Adjusted Date of Hire
For new workersemployees, including rehires, the City shall provide this information to the Union within thirty (30) days of hire, or by the first pay period of the month following hire.

The City shall provide the same information to the Union for all existing workers employees every one hundred twenty (120) days.

Reports shall be electronic and malleable.

4.7 New Hire Orientation
Each worker employee covered by this agreement who is hired subsequent to the execution of the agreement shall be granted a thirty (30) minute union orientation meeting with a union representative and/or steward to be held during the Citywide new hire orientation at a designated time, provided that a union representative and/or union steward is available at the time of the scheduled orientation. The orientation shall not be delayed in order to ensure that a union representative and/or steward is available. The union representative shall be notified at least ten (10) days in advance of and allowed access to the premises on the day of the Citywide new hire orientation.

The City representatives shall be absent from the room during any sessions, meetings or trainings conducted by the Union with newly hired workersemployees. The City shall not discourage an worker’s employee’s participation in the Union’s portion of the onboarding process.

5.0 UNION NOTICE

Except in cases of emergency as provided in this Section, the City shall give reasonable written notice to SEIU Local 521 of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation for the Library Merit Unit proposed to be adopted by the City and shall give SEIU Local 521 the opportunity to meet and confer. The parties agree to continue their practice of open, informal communications and notification of issues related to working conditions.

The Union shall be notified in advance of any contemplated changes in classification description for classes assigned to the Library Merit Unit prior to consideration for implementation.

In cases of emergency when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately for the Library Merit Unit, without prior notice or meeting with SEIU Local 521, the City shall provide such notice and opportunity to meet at the earliest practicable time following adoption of such ordinance, rule, resolution or regulation.

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6.0 STEWARDS AND REPRESENTATIVES

6.1 Stewards
The Union agrees to notify the Human Resources Director of those individuals designated as Union officers and stewards who represent workers before the City.

Alternates may be designated to perform steward functions during the absences or unavailability of the steward.

Upon request, stewards shall be relieved from their assigned work duties by their supervisor when it does not conflict with work assignments to attend meetings arranged with management; to investigate and process grievances initiated by other workers; to attend new worker orientation; and to be trained by observing other steward’s processing of a grievance. Grievances which may arise and cannot be adjusted on the job shall be reported to the Union by the steward; provided, however, in no event shall the steward or the Union order any changes, and no changes shall be made except with the consent of the appropriate Department Head. The Union will promptly provide the Human Resources Director, in writing, up-to-date lists of stewards with the work area which they represent.

6.2 Official Representatives
A maximum of three (3) Union representatives shall be allowed concurrent time off without loss of compensation to meet and confer or meet and consult with City officials on matters within the scope of representation. Additional representatives may be approved by the City for attendance at such meetings where warranted without loss of compensation. The Union shall submit the names of all such worker representatives to the Human Resources Director at least two (2) working days prior to such meetings, and the representatives shall advise their supervisor reasonably in advance prior to leaving their work assignment to attend such meetings.

All steward release time shall be reported as such on time cards.

6.3 Representation
The City recognizes the officers of the Library Merit Unit and committee members appointed by SEIU Local 521 as representing all classifications in the Library Merit Unit.

Upon reasonable advance notice, such officers and committee members shall be relieved from their assigned work duties by their supervisors to attend meetings arranged with management, to attend new worker orientation, and, if it does not interfere with established deadlines, to process grievances initiated by other workers in the Library Merit Unit.

7.0 CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its workers; take disciplinary action; relieve its workers from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 645 of 791
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operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

8.0 COMPENSATION
Compensation is intended to be consistent with City-wide compensation objectives as approved by the City Council and commensurate with actual job performance. Job performance will be the sole criteria for determining an individual worker’s employee's placement within a salary range.

8.1 Salary Advancement Within Range
Salary advancement within a defined range shall be based on merit and performance as determined by the Department Head. The supervisor’s evaluations and recommendations will be used by the Department Head, who will determine the worker’semployee’s advancement within the range.

Salary advancement within an established range is typically considered at one (1) year intervals and/or at the time of range adjustments resulting from meet and confer. The date of salary review and increase may be advanced or delayed as determined by the Department Head. Salary advancement typically occurs in increments of four and onehalf percent (4 ½ %); however, at no time shall an worker employee advance beyond top of the established range.

Other than the review process outlined in Section 8.2, no appeal shall occur from the decision of the supervisor and/or Department Head whether by discipline procedure, grievance, or otherwise.

8.2 Salary Advancement Review
(This subsection shall not apply to and does not include the Salary Adjustment in Section 9).

The date of a scheduled in-grade salary increase may be delayed based on merit and performance, as determined by the Department Head. Delays of in-grade increases beyond twelve (12) months may be appealed to the Personnel Board.

8.3 Salary Step Upon Status Changes

8.3.1 Appointment
On initial appointment to the Merit System, the entrance salary for any worker shall be at the minimum salary for that class except, when in the opinion of the Personnel Officer circumstances warrant; appointment may be made at a higher step on the recommendation of the Department Head.

8.3.2 Promotion
Upon promotion, the compensation of a worker shall be increased to a step in the new salary range next above the rate of compensation received prior to promotion. The Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 646 of 791
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amount of such an increase shall be equal to at least one step in the pay range for the new classification.

8.3.3 Per Diem to Merit
Upon appointment from Per Diem to Merit in the same job classification or classification series, compensation shall be equal to, or more than, the rate of compensation the worker was receiving prior to the appointment not to exceed the top step of the range of the class.

For example, a Per Diem Librarian II worker employee appointed to a merit Librarian I position, compensation shall not exceed the top of the Librarian I class.

8.3.4 Demotion
"Demotion" shall mean the appointment of a worker from one City class to a different City class for which the maximum rate of compensation is lower than the maximum rate of the former class. Said demotion shall be considered voluntary unless it results from the layoff or discipline process.

Reason Rate
a. Discipline a. Set by discipline
b. Voluntary demotion or layoff b. Top of range
c. Failure to complete probation after
promotion
c. Return to same relative percentage as
held before promotion

8.3.5 Transfer
"Transfer" shall mean a change of positions within the same or comparable class with a salary differential of four and one-half (4 ½ %) percent or less between tops of ranges.

If appointed to a class having a maximum salary equal to that of the immediate former class, a worker shall be entitled to receive the same rate of compensation the worker would have received if the worker had remained in their former class.

8.3.6 Re-Employment
Upon approval of the Personnel Officer, if a former worker is reemployed from the eligible list for their classification held immediately prior to resignation, the worker may be paid at a rate higher than the normal entrance rate but at no more than the step attained in the classification in which permanent status was held at the time of resignation.

8.3.7 Involuntary Demotion
In the event of an involuntary demotion resulting from a reduction in the number of authorized positions, a worker's rate of compensation in the lower class shall be the salary step closest to the base salary received immediately prior to the involuntary demotion.

8.3.8 Request for Transfer
A worker may provide the Human Resources Department with a confidential written request for transfer at any time.

All vacant or newly created positions to be filled shall be posted for seven (7) calendar days to allow sufficient time for a worker to consider requesting a transfer. The seven (7) Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 647 of 791
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day posting period may be waived by mutual agreement between the City and SEIU Local 521.

Transfer requests to vacant positions will be considered prior to filling the position from an eligible list.

8.3.9 Reclassification Procedure
During the term of this Agreement, a worker or their representative may request once every twenty-four (24) months, a re-evaluation of their job based on significant changes in job content and classification description. The request must contain justification.

Following Ddepartment hHead review, the request shall be forwarded, within thirty (30) days, to the Human Resources Director, who shall respond to such request within sixty (60) days. If meetings are held, the worker may request representation. Any changes determined will become effective the first pay period following the decision, or the job will be returned to its previous status. The employee worker may appeal the Human Resources Director’s determination to the Personnel Board, to the extent the Personnel Rules provide.

8.4 Limited Duration Positions
City may hire workers 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. Workers 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 worker employee shall not have layoff rights, bumping rights, severance payments or reemployment rights. This provision shall supersede Personnel Rule Section 1 (1416) and (24). Should an worker employee who was originally hired to fill a limited duration position be later appointed to a permanent merit position, their hire date will be that date that service began in the limited duration position. Limited duration workers employees shall not be eligible for transfer to a lateral permanent position without also considering all other eligible candidates on an existing employment list. If there is no existing list one shall be established and the limited duration worker employee may be considered also with the other eligible candidates.

8.5 Deferred Compensation
Merit system workers are entitled to participate in the dDeferred Ccompensation Pplan(s) established by the City of San Mateo. Effective August 26, 2018, the City shall contribute 1% of base salary, biweekly, to employee’s deferred compensation accounts. Effective June 27, 2021, tThe City’s contribution shall increase contributeto 1.5% of base salary.

Effective June 26, 2022, Tthe City shall match up to an additional 0.5% of base salary of an employee worker’s contribution into their deferred compensation Pplan.

9.0 SALARY ADJUSTMENT
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Successful worker employee performance is a key factor in determining compensation.

Employees Workers with an overall performance rating of “Proficient” or better will receive increases in base salary.

9.1 Compensation Increases During the Term of this Agreement The Unit will receive the following across the board increases during the term of this agreement:

Effective July 9, 2023, employees workers will receive a four percent (4.0%) across the board increase. The effective date of this increase is in recognition of the pause in the negotiation process due to the City’s change of City Manager. The union acknowledges this is an extraordinary circumstance and not a departure from the City’s long-standing practice of adopting MOUs with salary effective dates the pay period following adoption or later.

To aid in recruitment and retention, the Librarian I/II series shall receive an additional two percent (2%) increase effective July 9, 2023.

Effective June 23, 2024, workers employees will receive a three percent (3%) across the board increase.

Effective June 22, 2025, workers employees will receive a three percent (3%) across the board increase.

9.2 Market Placement and Compensation Survey
The City agrees to provide survey data prior to the commencement of negotiations for a successor Memorandum. Data to be provided shall include: top step salary, EPMC and deferred compensation; PERS and Social Security (City share); health, dental and vision benefits; life insurance and LTD.

The City seeks to set top-step base salaries equal to the median of comparable cities with populations from 50,000 to 150,000 in San Mateo, Santa Clara and Alameda counties.

The comparable cities will be surveyed and the data will be used to provide a competitive package. The data will be compiled no later than two (2) months prior to the expiration of this Memorandum of Understanding. The market median for benchmark classifications is determined by a survey of comparable benchmark classifications using those cities used to set compensation adjustments for the Unit.

Base salary adjustments are subject to negotiations for a successor Memorandum of Understanding.

9.3 Mid-Term Pay Raises
When the City has the financial ability, mid-term pay raises of up to two and one-half percent (2½%) may be granted to the bargaining unit. In the event the Council approves mid-term pay raises, they will consider, among other factors, the employment market, recruitment and retention history, as well as the City’s financial health.

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9.4 New Hire Compensation
This Section is not intended to exclude newly hired/promoted/appointed workers who have not received an annual performance evaluation. As outlined below, these individuals will receive a salary increase if they have an overall effective or better performance evaluation on their most recent evaluation, received no disciplinary action, and/or the worker is not currently on a Performance Improvement Plan (PIP).

9.5 Performance Based Compensation Increases
If one (1) or more of the following has occurred within the twelve (12) months preceding the scheduled base salary increase, the Department Head will determine the amount of increase, if any:
 The employee worker has received an overall performance rating of less than “Proficient” and a meeting has occurred prior to the performance rating that informed the worker employee of the performance difficulties.
 The worker employee has been placed on a performance improvement plan.  The worker employee has received a disciplinary action, as defined in the Memorandum of Understanding.

9.6 Notice to Employee Worker of Denial
At any such time the worker employee is denied a compensation increase based on one or more of the above criteria (section 9.5), the worker employee will be notified in writing of the improvements/performance required, the timeframe for the needed improvements and the expected date to have the compensation increase implemented in part or in whole.

This section does not prohibit the worker employee from receiving the increase earlier should the employee's worker's improved performance warrant it. An worker employee placed on a PIP shall receive the missed compensation increase upon the successful completion of the PIP.

9.7 Performance Evaluations
Personnel evaluations will be given to workers annually as scheduled by management.

Personnel evaluations are not subject to appeal. In the absence of an annual performance evaluation, the workeremployee’s performance is presumed to be “Proficient” unless overcome by contrary evidence.

In the event of disagreement over content, the worker may request a review meeting on the evaluation with the Department Head. For purposes of this review, the worker may be represented by the Union. Decisions resulting from the review meeting shall be made in writing within ten (10) working days following the review meeting.

9.8 Compensation Review
During the term of this Agreement, the Union may request that a non-benchmark classification be reviewed for job content and internal relationships or for appropriate market-based salary. Any review will be based on significant changes in job requirements or job duties. The City agrees to provide the Union with the results of the review prior to making any recommendations to City Council.

10.0 PROBATIONARY PERIOD
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The probationary period shall relate to the length of time it requires for a worker to become proficient in the particular position and for the appointing authority to adequately judge the proficiency of the worker. Recognizing that individuals and positions vary, the standard probationary period for all positions shall be twelve (12) months but may be lengthened by up to six (6) months by mutual agreement between the worker and the Department Head or shortened by six (6) months depending on the proven proficiency of the probationer and with the concurrence of the Personnel Officer. Disciplinary appeal procedures do not apply to probationary workers; provided, however, that if a permanent worker is promoted and does not complete the promotional probationary period, then appeal procedures shall apply if the worker is unable to retreat to a vacant position in the same or comparable class held prior to promotion.

11.0 DIFFERENTIALS and AND PREMIUM PAY

11.1 Bilingual Differential
Based upon the City's need, the bilingual proficiency of the worker and recommendation of the Department Head, the Human Resources Director may approve bilingual premium pay to a worker at the rate of ninety dollars ($90.00) per pay period. If a bilingual qualified employee worker works less than full-time, the bi-weekly differential will be pro-rated. If a worker is off work for an extended leave (over 30 days), the worker will not receive the bilingual differential for the remainder of the leave. In addition to English speaking skills, an individual must possess Chinese, Japanese, Spanish or other speaking skills as deemed appropriate by the Department Head.

In order to ensure that workers retain bilingual proficiency, periodic requalification shall be required and shall be administered by the Human Resources Department.

11.2 Work Out of Class
If a worker performs a significant portion but not all of the duties of a higher paid classification, the worker may, upon Department Head approval, qualify for a differential in pay to be determined by duties assigned for this work out of class.

11.3 Temporary Upgrade Pay
In the event a Department Head determines that when it is necessary to assign a worker to perform all of the duties of a higher paid classification the worker shall, receive the rate of pay of the higher classification. Such rate of pay shall be that rate the worker is entitled to in the event of a promotion, except that if circumstances warrant, in the opinion of the City Manager, he or she may authorize a higher step in the established salary range of the higher paid classification. If an acting assignment is in a different bargaining unit, the employee worker will retain the benefits of their actual position.

Bargaining Unit employees workers accepting an acting pay position which is exempt from overtime will not be eligible for overtime pay. The individual will however retain all other rights in accordance with the MOU of the labor unit representing their regular classification.

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Temporary upgrade assignments shall be no longer than six (6) months in duration, unless an extension is approved by the City Manager. Extensions beyond the initial six (6) month period can only be granted by the City Manager.

In the event a worker occupies a position in a higher merit system classification for a period of thirty (30) or more calendar days, there will be a presumption that such worker is performing all of the duties of the higher classification.

In the event the City Manager appoints a worker to a Department Head temporary upgrade assignment, such worker shall be paid a salary which is the average of the established salary for the Department Head and the worker's current salary, plus any differentials, effective thirty-one (31) calendar days following the absence of the Department Head or later as determined by the City Manager.

11.4 Overtime

11.4.1 Exempt Employees
Executive, administrative and professional workers are exempt from the provisions of this overtime policy. Federal standards concerning exemptions from federal wage and hour laws shall be used as a guide on determining such exemptions. Exempt and nonexempt positions shall be established by the City in accordance with the definition and regulations of the Fair Labor Standards Act.

Except where prohibited by the Fair Labor Standards Act, the Department Head may authorize payment on a straight time basis to workers who are required to work extensive periods beyond their normal work schedule because of emergency conditions, short term requirements of the job, or to meet established deadlines. Said authorization can only be made if the department budget provides adequate funding.

The following classifications are EXEMPT from paid overtime provisions:

Librarian I
Librarian II
Fair Labor Standards Act exempt workers not eligible for overtime payment will accrue compensatory time off at the rate of one (1) hour for each overtime hour worked, to a maximum of eighty (80) hours.

Workers exempt from paid overtime may be paid up to a maximum of forty (40) hours of payment each fiscal year. Payment shall be at the worker's normal rate of pay and may be made as earned by the worker. Such overtime would not include time spent on trips and conferences, reading professional journals, attending schools, classes, professional meetings, or attending City or quasi-public groups unless attendance in an official capacity on behalf of the City is required.

11.4.2 Fair Labor Standards Act (FLSA) Audit
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appropriate, the parties will meet and confer as to any impacts associated with those desired changes.

11.4.3 Definitions
a. Regular Overtime
Regular overtime is authorized time worked, except emergency overtime, by a worker in excess of forty (40) hours in a week.
b. Workday Adjustment
For worker convenience and with their supervisor's approval, minor changes to the work day may be arranged on an hour for hour basis providing hours worked do not exceed forty (40) hours for the work cycle.
c. Emergency Overtime
Emergency Overtime is authorized time worked by a worker when the worker is contacted outside of their regular working hours and is requested to report to duty because of an emergency. Emergency, within the meaning of this Section, means an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action.

11.4.4 Overtime Rate
Overtime worked shall be paid for at one and one-half (1½) times the worker's established rate of pay with the following exceptions.
a. Work After Midnight
Workers shall be paid at two times (2x) the worker's established straight time rate of pay for those hours worked after midnight in required board and commission meetings.
b. Time Off in Lieu of Overtime
As allowable under the Fair Labor Standards Act, a worker may waive direct payment of overtime and in lieu thereof may accumulate time off at the one and one- half (1 ½) rate to a maximum of forty (40) hours. Such time off shall be taken at the discretion of the Department Head, with due regard for the desires of the worker and the workload of the department.

11.4.5 Overtime Minimum
Overtime shall be of at least six (6) minutes at any one time in order to be compensable, with the following exceptions:
a. Emergency Overtime
Any worker who is called in for emergency overtime of any duration shall be compensated for a minimum of two (2) hours overtime.
b. Return to Work
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A worker required to return to work after the completion of his or her normally assigned shift shall receive a minimum of two (2) hours work, or if two (2) hours of work is not provided, a minimum of two (2) hours pay at the overtime rate.

11.4.6 Overtime Authorization
In order to be compensable, a specific advance authorization must be obtained from the City Manager or their authorized representative.

11.4.7 Hours of Work/Definition of Workweek
During the term of this Agreement, normal workdays are seven and one-half (7½) hours per day unless otherwise approved by the Union and an affected worker.

During the term of this Agreement, a work week for full-time merit workers in the Library Merit Unit consists of thirty-seven and one-half (37 ½) hours in consideration of special scheduling needs, with the following exception: For purposes of overtime defined in Section 11.4.3, work weeks are forty (40) hours in length.

11.4.8 Review of Library Schedule
Both parties agree that it may be appropriate to review scheduling at the libraries from time to time. Either party may propose discussions to create alternative schedules for Llibrary Merit Unit workers. Any meetings regarding scheduling may include representatives from the Library Per Diem Unit as well as the Library Merit Unit.

11.4.9 Change in Work Schedule
A worker will be given no less than ten (10) days advance notice of an intended change in hours of work.

Alternate/Flexible Work Schedule
The City and the Union agree that a worker’s ability to flex their work schedule is a privilege and benefit and not a right. Flex time can result in better morale and in reducing commute-related traffic congestion. Workers may propose an alternate work schedule (flexible work hours). With Ddepartment hHead and Human Resources Director or their designee’s approval, the use of alternative flexible work schedules can be implemented where such schedule can be accommodated without impairing departmental operation or service to the public. Such alternate schedules will not be unreasonably denied by the City.

As part of the regular Sunday rotation, staff may opt to work a minimum of four and a half (4.5) hours and up to seven and a half (7.5) hours on a Sunday. Flex time arrangements will be made within the same work week and must be pre-approved by the supervisor.

Alternate/flexible work schedules shall be implemented without accruing an overtime obligation for the basic work schedule.

A decision not to approve an alternate/flexible work schedule proposal is not grievable.

11.5 Easter Sunday Pay
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Although Easter is not an observed holiday, workers employees who work on Easter Sunday shall be compensated at time-and-one-half (1.5). Easter Sunday is part of the Sunday rotation schedule and workers employees sign-up in seniority order; the sign-up process will be initiated at least six (6) weeks in advance.

12.0 EDUCATION AND TRAINING REIMBURSEMENT
Workers shall be entitled to reimbursement for tuition, books, and fees for educational courses relating directly to existing job duties or reasonable promotional opportunities.

Approval of the course and any release time shall be obtained in advance from the Department Head. Professional and technical workers attending approved meetings, conventions or workshops of their professional or technical organizations shall be reimbursed for reasonable expenses, including travel, and the City shall pay the dues for those organizations in which membership is required.

13.0 VACATION

13.1 City Policy
Vacations are considered essential to the worker's welfare and they are granted by the City to allow workers relaxation and rest from their duties. Therefore, it shall be the policy of the City not to allow the excess accumulation of vacation leave.

Time off shall be taken at the discretion of the Department Head, with due regard for the desires of the worker and the workload of the department.

13.2 Vacation Allowance
A worker shall accrue vacation with pay at the beginning of the following biweekly pay period as follows:

Years of Service Days/Year Biweekly Accrual
0 - 3rd Year 11 days 3.39 biweekly
4th - 9th Year 16 days 4.93 biweekly
10th Year 17 days 5.23 biweekly
11th Year 18 days 5.54 biweekly
12th Year 20 days 6.16 biweekly
13th – 23rd Year 22.5 days 6.93 biweekly
24th year and beyond 25 days 7.69 biweekly

The above allowances shall be pro-rated for workers beginning employment or leaving employment with the City during a biweekly pay period.

13.3 Vacation Accumulation
A worker may accumulate a maximum of twice (2x) said worker's annual vacation allowance. Vacation credits shall not be made once the maximum accumulation has occurred. Under extenuating circumstances, the City Manager may extend accumulation upon the request of the Department Head.

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13.4 Vacation Sell-Back
A worker may elect to sell back to the City up to forty (40) hours in a calendar year of accumulated vacation at the worker's base rate of pay under the following condition; the worker must already have taken a minimum of two (2) weeks in the preceding twelve (12) months for vacation purposes. Payments are made in whole-hour increments.

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

Employees Workers joining the bargaining unit with leave balances in excess of the maximum accumulation of leave hours will automatically sell back the number of hours required to meet the maximum accumulation allowed.

13.5 Vacation Scheduling
The time at which the worker shall be granted a vacation is at the discretion of the Department Head. Classification seniority shall govern where more than one (1) worker requests the same vacation period. In the case of a tie, the worker with the greatest amount of continuous City service shall prevail.

13.6 Personal Business
A worker may request up to two (2) days of accrued vacation/holiday leave per calendar year as “Personal Business,” and the nature need not be disclosed. The worker’s request will be granted at the discretion of the Department Head with due regard to the desires of the worker and the workload of the department.

13.7 Amount of Vacation Time
A worker may use only the vacation to his or her credit with the following exception:

13.8 Vacation Emergency
The Department Head is authorized to grant use of up to two (2) days vacation in advance of accrual only in instances where the vacationing worker is unavoidably detained through no fault of their own and the worker has no other accrued leave credits.

14.0 HOLIDAYS

14.1 Holidays
The holidays to be observed are as follows:

New Year's Day, January 1st
Martin Luther King Jr.’s Birthday, 3rd Monday in January President's Day, 3rd Monday in February
Memorial Day, last Monday in May
Independence Day, July 4th
Labor Day, 1st Monday in September
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Veteran's Day, November 11
Thanksgiving Day, 4th Thursday in November
Christmas Eve in lieu of the day after Thanksgiving
Christmas Day, December 25th
Every day approved by the City Council as a public holiday, public fast, Thanksgiving or a day of mourning.

Every day selected by the Library Board as a holiday in lieu of another holiday listed above
Three and one-half (3-1/2) floating holidays to be taken on a working day mutually agreeable to the worker and the department. Floating holidays will be credited by the granting of fourteen (14) hours holiday credit during the first full pay period in January and July each year.

Effective January 1, 2024 the holidays to be observed are as follows:

Holiday Observed on
New Year's Day January 1st
Martin Luther King Jr.’s Birthday 3rd Monday in January President's Day 3rd Monday in February
Memorial Day lLast Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
The day after Thanksgiving The day after Thanksgiving
Christmas Day December 25th
Other Observable Holidays:
 Every day approved by the City Council as a public holiday, public fast, Thanksgiving or a day of mourning.
 Every day selected by the Library Board as a holiday in lieu of another holiday listed above.

Floating Holidays:

Three and one-half (3-1/2) floating holidays to be taken on a working day mutually agreeable to the worker and the department. Floating holidays will be credited by the granting of fourteen (14) hours holiday credit during the first full pay period in January and July each year.

14.2 Board Designated Special Holidays
Employees Workers shall have the option of either taking leave without pay or utilizing paid time off during Board designated Holidays.

14.3 Saturday and Sunday Holidays
When a holiday falls on Sunday, the following Monday shall be observed and when a holiday falls on a Saturday, the preceding Friday shall be observed. In addition, the Library will be closed on the respective Saturday or Sunday. WorkerEmployees’ Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 657 of 791
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schedules will be adjusted accordingly. If a holiday falls on an employee’s worker’s regularly scheduled day off, holiday time shall be granted for the observed holiday only.

14.4 Monday Holidays
For the following holidays that fall on Monday, the Library shall be closed on the preceding Sunday.
 Martin Luther King, Jr. Day
 President’s Day
 Memorial Day
 Labor Day
Employees’ Workers’ schedules will be adjusted accordingly. If a holiday falls on an employee’s worker’s regularly scheduled day off, holiday time shall be granted for the observed day only.

14.5 Work on a Holiday
If a worker is required by the City to work on any holiday, compensation for said holiday shall be in accordance to the overtime provisions of this agreement, with the following exception:
 Equivalent time off shall accumulate as "Holiday Time Earned" and may accumulate maximum of forty (40) hours.
 Time off shall be taken at the discretion of the Department Head, with due regard for the desires of the worker and the workload of the department.

In the event one (1) or more holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave.

15.0 SICK LEAVE

15.1 Purpose
The purpose of this Section is to continue the compensation of workers who must remain off their jobs because of illness or disability. Such sick leave is a privilege which the worker can exercise in the event of bona fide illness or disability or in the event their presence away from work is essential because of illness, death or disability of immediate members of their family.

As an option to using sick leave a worker may be permitted to use vacation leave, accrued holiday leave, or accrued compensatory time for pre-arranged and pre-approved health maintenance appointments (i.e., doctor and dental appointments).

15.2 Sick Leave Accrual
For full-time regular and probationary workers, sick leave shall be accrued at the rate of three point seven (3.7) hours for each biweekly pay period of service or twelve (12) days per year. Unused sick leave shall be accumulated. Part-time merit workers shall accrue sick leave pro rata to the number of hours worked.

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Any worker who is on paid leave shall continue to earn sick leave credit. Sick leave shall accrue during an absence which is a result of occupational disability resulting from City service.

15.3 Doctor's Certification
A Department Head is responsible for determining that only bona fide personal or family sick leave is taken, consistent with standards established by the Director of Human Resources.

A doctor's certification shall be required in all cases where the period of absence exceeds five (5) working days. The submission of the doctor's certification may be required in other individual cases, regardless of the length of absence, where, in the opinion of the Ddepartment Hhead, evidence exists that sick leave has been misused and a prior warning has been given to the worker regarding the abuse of sick leave.

15.4 Protected Sick Leave
Protected sick leave may be taken and if taken, shall be charged to sick leave or, with the concurrence of the Department Head, to vacation, holiday, or cCompensatory tTime Ooff (CTO) leave for the following reasons:
 The diagnosis, care or treatment of an existing health condition of, or preventative care for a workern employee.
 The diagnosis, care or treatment of an existing health condition of, or preventative care for an employee’s worker’s family member, as defined in California Labor Code section 245.5(c).
 An workeremployee who is a victim of domestic violence, sexual assault, or stalking.

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, at the discretion of the Department Head, a reasonable extension of the six (6) -day limit may be granted. Any additional leave so granted shall be charged against the worker's accumulated sick leave.

15.4.1 Bereavement Leave
In the event of a death in the immediate family, workers may take accrued sick leave of up to three (3) days, or up to five (5) days at the discretion of the employee’s worker’s department head, in the event of a death of an immediate member of their family.

Bereavement Leave shall be tracked separately from Protected Sick Leave.

In this context only, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee worker at the time of their 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.

15.5 Extended Sick Leave
After one (1) year of continuous merit system service, workers who have exhausted all their earned leave benefits may be granted extended sick leave pay at the rate of seventyfive percent (75%) of regular salary upon the recommendation of the Department Head.

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After each thirty (30) days of such sick leave, each case requiring additional sick leave shall be reviewed by the Department Head and Human Resources Director and approved by the Personnel Officer. Such extended sick leave shall not be charged to the worker's future sick leave accumulation during this period of extended sick leave. Application for extended sick leave pay shall not be unjustly denied by the Department Head.

15.6 Sick Leave Advance
The Department Head is authorized to grant up to five (5) days sick leave in advance of accrual in instances where workers with less than one (1) year of service have no accrued leave time available and a bona fide personal or family illness or emergency arises. Such advanced sick leave will be charged against future sick leave accrual and any unpaid balance at separation shall be deducted from the worker's final paycheck.

15.7 Accumulation of Vacation, Sick Leave, and Holiday Credit For part-time merit workers, vVacation, sSick Lleave, and Hholiday credits shall be made on a pro-rata basis to a worker in accordance to regular hours (non-overtime) on the payroll. Credit shall not be received for time off without pay.

For full-time merit workers who work less than a full-time schedule for a particular pay period (other than those participating in a VTO program) vacation, sick leave, and holiday credits shall be made on a pro-rata basis to a worker in accordance to regular hours (non-overtime) on the payroll. Credit shall not be received for time off without pay.

15.8 Daily Hour Value/Part-Time Merit Worker
The hour value of a leave day for holidays, vacation, sick leave, or other leave shall be determined by dividing the average number or regularly scheduled weekly hours by five (5), which result provides the ratio of hours of all weekly hour schedules to the five (5) days – forty (40) hour per week.

16.0 CATASTROPHIC INJURY OR ILLNESS LEAVE

16.1 Purpose
The purpose of this Section is to authorize, but not require donations from the leave balances of one (1) worker to another City worker who is unable to work due to a catastrophic injury or serious health condition and has exhausted all available leave.

There is no right established by this provision that assures any worker that donations will be made.

16.2 Catastrophic Injury or Serious Health Condition Defined For the purpose of the donation of leave, a serious health condition shall be a nonindustrial serious health condition that requires absence from employment for more than thirty (30) consecutive workdays. A serious health condition is defined pursuant to the Family and Medical Leave Act.

16.3 Workers Eligible to Donate
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Not all workers shall be eligible to donate their accrued vacation, holiday, and/or “compensatory time” leave to another worker. A worker who is eligible to donate accrued leave must retain 40 hours or more of accrued leave, exclusive of sick leave, after donation to the other workeremployee. Employees Workers who donate time to another worker employee must sign a form, provided by the Human Resources Department, to authorize the transfer of time from their eligible accrued leave balance to the balance of the employee worker receiving the leave.

16.4 Workers Eligible to Receive Donations
Not all workers shall be eligible to receive donations from another worker’s accrued leave balances. An eligible worker must meet all of the following criteria:
(1) Bbe a merit system worker (including probationary workers) whose participation has been approved by their Ddepartment hHead;
(2) Bbe a worker within the Library Merit Unit; and
(3) Tthe workeremployee has supplied medical certification evidencing s/he is unable to perform the essential functions of their job and is unable to work for more than thirty (30) consecutive work days. Upon receipt of a request for donations, the City shall determine a worker’s eligibility.

16.5 Limits on Donated Time
The hours that may be donated to a worker shall not exceed that time necessary for the worker to reach the long-term disability insurance provided pursuant by the City.

This provision shall not be interpreted or implemented to extend any employee’s worker’s leave to exceed one (1) year away from work, whether paid or unpaid, except as required by state and federal law.

The City shall apply donated hours in its discretion without the requirement that hours be prorated from each donating worker. Unused donations shall be returned to the donating worker.

16.6 Hourly Donations
The donations authorized by this Section are of hours of leave. The donations shall not be converted to monetary value and then calculated based upon the hourly rate for the workers donating and receiving hours.

In no event shall a worker receive more than the worker’s base salary.

17.0 HEALTH AND WELFARE

17.1 Health Medical Insurance Contribution Minimum (PEMHCA) The Minimum Employer Contribution amount is prescribed by Government Code section 22892 of the Public Employees' Medical and Hospital Care Act (PEMHCA). The City shall make a dedicated health contributions on behalf of those workers eligible for Group Medical Coverage or Medicare Part B under the various plans available to the City in the amounts necessary to a maximum contribution of $1620.00 per worker per month, or what is required under the PEMHCA, whichever is greater. The City's health contribution for part-time merit workers shall be made on a pro rata basis in accordance Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 661 of 791
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to hours on the payroll.

The City shall make available to eligible current and retired workers benefits equal to the PEMHCA (Meyers-Geddes State Employees' Medical and Hospital Care Act), and may self-insure after meeting and conferring with the Union.

17.1.1 Flexible Benefits Plan Medical Insurance Coverage The City shall contribute up to the rates indicated in the chart below$1,798.26 (inclusive of the amount indicated in Section 17.1 Medical Insurance Contribution Minimum (PEMHCA)$160 maximum City contribution towards group medical insurance) per month towards the flexible benefit plan.Medical Insurance.

Each January during the term of this Agreement, the City’s contribution to the Plan will be adjusted to
Plan Coverage City’s Contribution
Employee Only 100% of the Bay Area Kaiser Single rate,
Employee + One 90% of the Bay Area Kaiser Two-Party rate, Employee + Family and 90% of the Bay Area Kaiser Family rate.

The City’s contribution for part-time merit workers working less than forty (40) hours per week shall be prorated.

17.1.2 Waiver of Medical Coverage
If an employee worker is eligible for alternative group medical insurance through a spouse or domestic partner’s employer-sponsored medical plan, the worker employee may waive the City’s medical coverage and select such alternate plan. Proof of such alternate coverage is required prior to waiving coverage through the City plan. Any worker employee who waives medical coverage entirely shall be eligible to receive in cash the waiver amounts outlined below.

17.12.13 Merit Employees Workers hired before July 1, 2006 Waive Coverage:
 Effective January 12, 2020 employees workers who waive health insurance entirely shall receive $294.76 per month as part of their salary.  Effective January 10, 2021 employees workers who waive health insurance entirely shall receive $160.00 per month as part of their salary.  Effective July 1, 2026 workers who waive health insurance entirely shall receive $162.00 per month, or not less than what is provided under PEMHCA as prescribed by Government Code Section 22892, whichever is greater as part of their salary.

Cash disbursements for part-time merit workers working less than 40 hours per week shall be prorated. Any workers exceeding 40 hours per week will not be given any additional cash disbursement.

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Waive Coverage:

EmployeesWorkers who waive health insurance entirely will receive $1602.00 per month, or not less than what is provided under PEMHCA as prescribed by Government Code Section 22892, whichever is greater as part of their salary.

Cash disbursements for part-time merit workers working less than 40 hours per week shall be prorated. Any workers exceeding 40 hours per week will not be given any additional cash disbursement.

17.2 Flexible Spending Accounts (FSAs)Internal Revenue Code Section 125 Plan The City shall offer Flexible Spending Accounts (FSAs) (an benefit allowed under the Internal Revenue Code Section 125 Plan (the “Plan”), which contains the components of premium conversion, healthcare reimbursement account and dependent care reimbursement account.

It is understood that during the term of this contract, the City may seek expert opinion as to the parameters of this PlanFSAs and all contributions to the Plan FSAs and to the Retirement Health Savings Account outlined below are contingent upon compliance with state and federal rules and regulations. The Parties agree to meet and confer regarding a replacement provision if any part of this structure is found to be noncompliant. Benefits shall be taxed as required by law.

17.3 Dental Insurance
Workers and their dependents and/or domestic partner shall be provided with City-paid dental benefits. These dental benefits will provide one-hundred percent (100%) coverage on all routine maintenance and eighty percent (80%) on minor and major dental work.

The annual dental maximum will be $3,000 per year. Dental benefits include 50% orthodontic coverage with a $2,000 lifetime maximum.

17.4 Vision Insurance
Workers and their dependents and/or domestic partner shall be provided with City-paid vision insurance as follows:
 Annual exam, lenses and frames
 $10 annual deductible

17.5 Life Insurance
Workers shall be provided with a City-paid fFifty Tthousand Ddollar ($50,000) life insurance policy. Each worker is eligible to purchase additional life insurance in accordance to the group insurer's policy.

17.6 Accidental Death & Dismemberment (AD&D) Insurance
The City shall provide workers a tTen tThousand dDollar ($10,000) accidental death and dismemberment insurance policy without regard to membership in any health plan.

17.7 Long-Term Disability Insurance
The City shall provide long term disability insurance for workers paid for by the City.

LTD benefits are as shown:
 The monthly benefit is equivalent to sixty-six and two-thirds percent (66-2/3%) of Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 663 of 791
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full salary; less deductible benefits;
The elimination period is sixty (60) days, subject to exhaustion of accrued sick leave.

Part-time merit employees workers working twenty (20) to twenty-five (25) hours per week shall be provided long-term disability insurance pursuant to this section. Monthly contributions shall be prorated.

17.8 Retirement
Retirement benefits shall be compensated for under applicable legislation pertaining to the California Public Employees' Retirement System. The current retirement benefits are:
2% @ 55 Formula with single highest year compensation for “classic members” hired before December 9, 2012.
2% @ 55 Formula with three-year final compensation for “classic members” hired on or after December 9, 2012.
2% @ 62 Formula with three-year final compensation for “new PEPRA members” hired on or after January 1, 2013.

Effective with the pay period starting July 6, 2014, employees will pay 7.0% of the PERS employee-share contribution on a pre-tax basis.

Effective August 30, 2015, classic members shall pay one-half the total normal cost for the 2% @ 55 Formula in accordance with Government Code 7522.30 on a pre-tax basis.

New PEPRA members shall continue to pay one-half the total normal cost for the 2% @ 62 Formula in accordance with Government Code 7522.30 on a pre-tax basis.

17.9 Termination Pay
Upon service or disability retirement, workers shall be paid a maximum of fifty percent (50%) of their accumulated unused sick leave up to a maximum of sixty (60) days payment. No payments of sick leave shall be due or owed to any worker employee who is terminated by the City under the discipline process, regardless of whether the worker employee takes a service or disability retirement under the PERS system.

All workers with one (1) year of continuous merit system service, whose employment is terminated because of layoff or death, may be granted one (1) working day termination allowance at their basic pay rate, in addition to other compensation due them and one (1) additional day for each complete year worked thereafter.

All workers whose employment is terminated because of layoff or death shall be granted their option of one of the two types of termination pay described above.

Workers 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 Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 664 of 791
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accrual eligible for payout on the payday following receipt of the worker's final paycheck.

At the time of non-retirement separation from the City, merit workers employees shall receive all leaves paid out except sick leave.

17.10 Rehabilitation
With the approval of the Department Head, the Personnel Officer and the worker concerned, any past, present or future worker on disability retirement, or facing disability retirement, may be transferred and/or reinstated to a position in another class at the same or lower salary range for which the Personnel Officer finds the worker qualified. Such reinstatement and/or transfer shall require the service of a standard probationary period of six (6) months but may be lengthened by up to six (6) months by mutual agreement between the worker and the Department Head or shortened depending on the proven proficiency of the probationer and with the concurrence of the Personnel Officer. Credit for previous employment shall be granted in computing salary step, vacation accumulation, and sick leave balance. Such transfer or reinstatement shall comply with applicable provisions of State regulations concerning rehabilitation and are not grievable under this Agreement.

In the event a worker becomes permanently disabled as the result of a work-related injury, the Human Resources Department, Union and worker will meet to discuss the worker’s rights and entitlements as well as the options available for rehabilitation, retraining and/or disability retirement.

17.11 Safety Committee
SEIU Local 521 Library Merit Unit shall be entitled to a seat on the City-wide Safety Committee.

17.12 Retirement Health Savings Account (RHSA)
Employees Workers in the Unit will be enrolled in the Retirement Health Savings RHS Account (RHSA) in accordance with the Plan design. The administration costs of maintaining this RHSA account will be borne by the City.

Effective May 3, 2020, Tthe City shall contribute zero-point-seventy-fiveone-point-twofive percent (1.250.75%) of base salary to all employees’ workers’ RHSAs accounts.

This amount shall increase to 1.25% of base salary on June 27, 2021.

Currently, 0% of separation pay is contributed to the RHSA.

The Union may elect to change the above conversion of separation pay arrangement for each successive calendar year of this Agreement. The Union must notify the City’s Human Resources Department in writing no later than November 30th of the change(s) to be made for the following calendar year. In the event notification is not received by the deadline, the separation pay arrangement in effect at the time will continue for the following calendar year
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During the term of this MOU, employees workers in this bargaining unit may elect to contribute a set amount of salary to the RHSA. The City shall be notified of any such election sixty (60) days prior to the effective date.

Workers Aged 45+ and 15+ Years of City Service
Beginning August 26, 2018, tThe City shall contribute $100.00 one-point-seven-five percent (1.75%) of base salary per pay period to the Retirement Health Savings accountsRHSA of those employees workers aged 45 or over with 15 or more years of City service. Effective May 3, 2020, this amount shall change to 1.75% of base salary.

Employees Workers who become eligible for this contribution during the term of the agreement shall begin receiving contributions in the first full pay period following establishing eligibility. The continuation of this provision beyond the term of the contract would need to be made by mutual agreement between the parties.

18.0 EMPLOYMENT LEAVES

18.1 Continuous Service Defined
Continuous service shall mean service in the classified service in any classification since original regular appointment, excluding any time prior to a break in service.

As used in this Section, year of completed continuous service shall include, but not be limited to, all time while the worker is on sick leave and/or vacation pay.

Neither military leave nor leave of absence without pay under one month shall constitute an interruption in computing continuous service.

18.2 Disability Leave
The purpose of this Section is to continue the compensation of workers 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 workers of the City.

A Department Head is responsible for determining that only bona fide disability leave is taken.

For each disability, workers shall be allowed disability leave up to and including sixty (60) working days. Such disability leave shall be at full pay, less Workers’ Compensation. If the sixty (60) working days become exhausted, additional time off may be charged to sick leave with the following exceptions: A worker shall not be charged sick leave for that portion of his or her salary for which temporary disability payments are received under the State Workers’ Compensation Law.

No otherwise appropriate disability retirement or separation from service shall be delayed for more than forty-five (45) workdays (three hundred sixty (360 hours)) due to the existence of accrued sick leave. Employees Workers being retired due to disability with unused sick leave on the books shall be entitled to compensation for the unused leave in accordance with Section 17.9, Termination Pay.

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Additional compensation may be awarded by Resolution of the City Council to workers disabled or injured in line of duty, if such compensation is considered merited and is recommended by the City Manager.

18.3 Military Leave
Military leave shall be granted by the City in accordance with the provisions of Sstate and Ffederal laws.

18.4 Jury Duty
Any worker required to report for jury duty shall be granted a leave of absence with pay from all of his or her regularly assigned duties until released by the Court, provided the worker:
 Notifies his or her Department Head immediately of the notice to serve; and  Reports to work within a reasonable length of time after being released by the Court.

Workers called for jury service shall not be required to assume new or unusual regular working hours solely as a result of jury service. Every reasonable effort shall be made to ensure that personnel assigned to work after 4:00 p.m. or on weekends who are called for jury duty shall be provided with 1) a reasonable time for rest and recuperation prior to reporting for regularly scheduled duty, or 2) excused from their next scheduled shift, upon request by the worker, and provided that the worker has spent a significant portion of the day at jury duty. For purposes of this section, employees workers who have served five (5) or more hours on jury duty will be allowed a minimum of eight (8) hours recuperation break prior to reporting back to work.

18.5 Leave of Absence Without Pay
Leave of absence without pay may be granted in any increment for a total period not to exceed one (1) year in cases of illness not covered by sick leave; in cases of personal emergencies, including childbirth and adoption; for temporary employment by the Union or for education and training relative to the worker's employment. Any request for leave of absence without pay shall be made in writing. Approval of each increment as well as the total leave shall be at the discretion of the Department Head.

Leaves of absence for reasons other than designated above may be granted on the same terms and conditions and in the same manner as leaves designated above only if, in addition to other matters, the worker shows that such leave is not contrary to the best interests of the City. The Department Head, upon review, retains complete discretion to approve or disapprove any request with no further appeal.

The worker may elect to use earned sick leave (provided eligible for sick leave) and vacation prior to commencement of the leave or retain the earned sick leave and vacation for use upon return to employment.

Any worker who does not return to employment on or before the date of expiration of leave shall be deemed separated from the service as of such date of expiration, subject to due process.

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18.6 Voluntary Reduction in Work Hours
A worker may request a temporary or ongoing voluntary reduction in work hours by making such a request to the worker's Department Head. Approval for any voluntary reduction must be obtained in advance. The decision of the Department Head is final and conclusive and there shall be no appeal or grievance rights. Workers requesting this option shall have their benefits prorated based on the number of regularly scheduled hours worked.

18.7 Family Care Leave
In accordance with the Federal Family and Medical Leave Act, effective August 5, 1993, and the California Family Rights Act, effective October 4, 1993, the City will grant job protected unpaid family and medical leave to eligible workers for up to twelve (12) weeks in accordance with the law.

In general, Family Medical Leave is available to workers for: the birth, adoption or placement of a foster child; care for an immediate family member of the worker if such immediate family member has a serious health condition; or the worker’s own serious health condition that makes the worker unable to perform the functions of their position.

The City will adhere to applicable Federal and State laws regarding Family and Medical Leave. For specific conditions governing Family Medical Leave please refer to the City Policy.

19.0 EMPLOYMENT ADMINISTRATION

19.1 Personnel Files

19.1.1 Release of Information
Unless required by court process, the City will only release information to creditors or other persons outside of City government only upon proper identification of the inquirer and acceptable reasons for the inquiry. Information then given is limited to verification of employment, length of employment, and verification of salary information if the person inquiring first states the correct salary to the City. Release of more specific information may be authorized by the worker.

19.1.2 Access and Contents
A worker (or their representative, on the presentation of written authorization from the worker) shall have access to the worker's personnel file on request for a reasonable amount of time at a reasonable time and place. A worker or the Union shall be provided, upon reasonable request, copies of materials in a worker’s personnel file. Release of more specific information may only be authorized by the worker in writing, signed by the workeremployee. The worker may be required to acknowledge the receipt of any document entered into their personnel file without prejudice to subsequent arguments concerning the contents of such documents.

19.1.3 Letters of Reprimand
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reprimand or warning shall be sent to the Union and the Human Resources Director.

Upon receipt of a letter of reprimand or warning which the worker feels is factually incorrect, the worker may so advise in writing the Department Head, Human Resources Director, and the Union. The letters of reprimand or warning may not be appealed through the grievance procedure. Letters of reprimand and warning not submitted in accordance with the provisions above may not be introduced as evidence against the worker.

Letters of reprimand/warning shall be removed from a worker's personnel file after two (2) years upon the written request of the worker and approval by the Department Head provided there has not been subsequent discipline.

19.2 Flexible Staffing
Definition: Flexible staffing reflects a situation where two (2) levels of a specialization exist: entry level and journey level. These positions are most often a I and II series or possibly an “assistant” and “associate” level. For a worker to progress from the entry level to the journey level, they must meet a specified level of expertise or a length of time and expertise to be promoted to the “journey” level. No testing process is necessary.

Many of these series classifications also have a “III” or “senior” level. However, to progress to this higher level a worker must apply and go through the recruitment process.

The following classifications, consistent with budget allocations, are flexibly staffed, pursuant to class specifications:

Library Assistant I
Library Assistant II

Librarian I
Librarian II
Classification change shall be at the discretion of the Department Head.

19.3 Employment Development
Upon request of an existing employee worker applying for a promotional merit position who was not appointed, a meeting will be scheduled with the appropriate manager to discuss their qualifications for the position.

19.4 Credit for Previous Employment
As provided by the Personnel Rules, which may be changed at that Board’s discretion, in the case of all open competitive examinations, persons who become eligible for certification from eligible lists by attaining the passing mark established for the examination, shall be allowed an additional credit of five (5) points, which shall be added to the score attained in such examination, and they shall be placed on eligible lists and be eligible for appointment in the order and on the basis of the percentage attained by them in examinations after such credit of five (5) points shall have been added, when such applicants:
 Are currently employed as a full- or part-time worker employee by the City or have been so employed by the City within the year, prior to the closing date for receipt of applications, and
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 A major part of the work performed for the City is or has been directly related to that performed by the classification being applied for, and
 The applicant has a minimum equivalent of one-year full time service with the City (1600 hours for hourly paid employeesworkers), and
 If training is required, the applicant secures a satisfactory or better performance rating from their supervisor.

20.0 GRIEVANCE PROCEDURES

20.1 Purpose.

This grievance procedure shall be used to process and resolve grievances arising under this Memorandum of Understanding except to the extent that the City Charter vests jurisdiction elsewhere.

The purposes of this procedure are:
 To resolve grievances informally at the lowest possible level;  To provide an orderly procedure for reviewing and resolving grievances promptly.

20.2 Grievance Definitions

20.2.1 Grievance
A grievance is a good faith complaint of one (1) or a group of employees workers or a dispute between the City and the Union involving the interpretation, application, or enforcement of the express terms of this Memorandum of Understanding.

20.2.2 Supervisor
As used in this procedure, the term "supervisor" means the individual who assigns, reviews, and directs the work of an employeeworker.

20.2.3 Party
As used in this procedure, the term "party" means a workern employee, the Union, the City or their authorized representatives.

20.2.4 Working Day
A working day or work day is defined as a day on which City Hall is open for business.

The worker employee retains all rights conferred by Sections 3500 et. seq., of the Government Code or Personnel Rules and Regulations of the City unless waived by such employeeworker.

20.3 Informal Discussion.

Not later than fifteen (15) working days after the event giving rise to the grievance or the date the worker employee should reasonably have learned of the event giving rise to the grievance, whichever is later, the employee worker must discuss the grievance with their immediate management supervisor. The supervisor shall respond, either orally or in writing, to the worker employee not later than ten (10) working days thereafter.

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20.4 Formal Grievance - Step One (1).

If after discussion with the immediate management supervisor, the grievant does not feel the grievance has been properly adjusted, the grievance may be reduced to writing, on the prescribed form. The form must be presented to the Department Head (or designee) and the Director of Human Resources within fifteen (15) working days. The grievance statement shall include the following:
 A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Memorandum of Understanding.  The remedy or correction requested of the City.
 The grievance form shall be signed by the grieving worker employee or Union representative, the date and time of presentation affixed thereto, and signed as received by the Department Head or designee.
 The Department Head or their designee shall give their answer to the grievance in writing within fifteen (15) working days from the time the worker receives the grievance in writing. This first step answer shall include the following:
o A complete statement of the City's position and the facts upon which it is based. o The remedy or correction which has been offered, if any.

20.5 Formal Grievance - Step Two (2).

If the grievance is not resolved at Step One (1), the aggrieved worker employee or Union may appeal to the City Manager or their designee. Appeals to the City Manager shall be made in writing and directed to the Human Resources Director within ten (10) working days of receipt of the Department Head’s response. The Human Resources Director shall convene a meeting with the City Manager or designee and the worker employee and/or Union within ten (10) working days of receipt of the appeal.

The City Manager or designee shall render their findings and decision (if any) to the parties within ten (10) working days of its meeting.

20.6 Arbitration - Step Three (3).

If the grievant is not satisfied with the decision rendered pursuant to Step Two (2), the Union may appeal the grievance to arbitration. The request for arbitration must be given in writing to the Human Resources Director by the Union within ten (10) working days from the date of the Second (2nd) Step answer.

An arbitrator may be selected by mutual agreement between the Union representative and the City's representative.

Should the representatives fail to mutually agree on an arbitrator they shall make a joint request to the State of California Conciliation and Mediation Service for a list of seven (7) qualified arbitrators residing within the State of California. The parties shall each strike three (3) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.

It is understood that the arbitrator will only interpret this Memorandum and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding on the City, the Union and the worker.

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All fees of the arbitrator and the court reporter, if any, will be borne equally by the Union and the City.

The parties may agree to waive submission of briefs and the use of a court reporter.

20.7 Time
The time limitations set forth in the Article are of the essence. The term “working day(s)” shall mean days on which City Hall is open for business. No grievance shall be accepted unless it is timely filed and no appeal may be considered unless it is timely taken.

For purposes of this Article, the time limitations applicable to the worker employee shall be the same time limitations regulating the Union and the information attributable to the individual worker employee shall be attributable to the Union. If the grievance is not timely filed, it shall be deemed waived. If an appeal is not timely taken, the grievance shall be deemed to be settled in accordance with the City’s decision at the step prior to the untimely appeal.

If the City fails to answer the grievance within the prescribed time limits, the grievance shall automatically proceed to the next step (either the City Manager or Arbitration as appropriate); provided, however, that in no event shall the grievance be deemed to be upheld by the City’s failure to act timely.

20.8 General
Either party to this Memorandum shall, upon receipt of a written grievance, have the right to reject such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance.

A Union representative shall have the authority to settle grievances for the Union or workers employees at the respective steps of the grievance procedure.

Time limits set forth within this Article may be extended upon mutual agreement of the affected parties where the agreement is made before the expiration of the timeline.

Workers Employees may be represented by a Union representative at all levels of the grievance process. Copies of all written grievance documentation will be provided to the Union and the representing steward.

The parties may mutually agree to use the services of a mediator through the State Mediation and Conciliation Service at Step One (1) or Step Two (2) of this procedure. In the event that Mediation does not result in a settlement of the Grievance, the aggrieved party may appeal the grievance to the next level of the Grievance Procedure. The appeal to the next step must be given in writing to the Human Resources Director by the Union within ten (10) working days from the date of the Mediation.

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20.9 Exclusions
The following matters are specifically excluded from consideration under the grievance procedure:
 Determination and application of the procedures, qualifications, and standards of employment;
 Budget and capital expenditures;
 Items subject to meet and confer;
 Performance evaluations;
 Letters of Reprimand (are limited to appeal to Second (2nd) Step – City Manager or designee. The decision of the City Manager/designee is final.) and  Items that are expressly designated in this MOU as not subject to grievance.

21.0 DISCIPLINARY PROCEDURE AND PERSONNEL BOARD PROCESS

21.1 Disciplinary Action Definition
The term "disciplinary action" shall include the following actions which may be taken by a Department Head (or designee, not below a Division Manager, where the department head’s absence is extensive and action is required):
 Suspension without pay up to thirty (30) calendar days;  In-grade salary reduction;
 Demotion; or
 Dismissal.

A rReduction in hours or a change in schedule, scheduling for workload reasons, or a change in work assignment shall not be considered as discipline. No action to lay off a worker shall be considered as discipline. Letters of reprimand and performance evaluations shall not be considered as discipline. In this section, as throughout this contract, “working days” is defined as days on which City Hall is open for business.

21.2 Weingarten Rights (Right to have Union Representation in an Investigatory Meeting) A worker shall be entitled to a representative of their choice, so long as that representative is available within a reasonable time, at an investigative interview or meeting that the worker reasonably believes may result in discipline.

21.3 Disciplinary Action

21.3.1 Notice of Proposed Discipline
Whenever a disciplinary action is proposed to be taken against a worker, the worker shall be notified in writing of the proposed disciplinary action taken within at least five (5) working days in advance of the pre-disciplinary (“Skelly”) hearing. Such written notification shall include:
 A statement of the proposed disciplinary action to be taken against the worker;  A statement of the facts upon which the proposed disciplinary action is based which shall set forth clearly and with such particularity the charges against the worker so that the worker can understand said charges;
 A statement must indicate the cause for the proposed disciplinary action pursuant to the Personnel Rules or other relevant City policies;
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 A statement should describe any actions taken against the worker that relates to the current proposed disciplinary action;
 A statement advising the worker that the written notice is to be placed in their official personnel file and that said worker has a right to Union representation.

The written notice of proposed disciplinary action shall be considered to be sufficient notice to the worker if the above information is contained therein. The written notice of proposed disciplinary action must be presented to the employeeworker, either by personal service, email or sent via regular and certified mail (return receipt requested) to the last address that worker has furnished to the appointing authority.

21.3.2 Notice of Disciplinary Action
Whenever a disciplinary action is taken against a worker, the worker shall be notified in writing of the action taken.

Such written notification shall include:
 Statement of the disciplinary action taken against the worker;  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 worker so that the worker can understand said charges;
 A statement must indicate the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies;
 A statement which generally describes any actions taken against the worker during the last five (5) years and which relates to the current disciplinary action;  A statement advising the worker that the written notice is to be placed in their official personnel file and that said worker has a right to appeal to the Personnel Board.

The written notice of disciplinary action shall be considered to be sufficient notice to the worker if the above information is contained. The written notice of disciplinary action must be presented to the workeremployee, either by personal service, email or sent via regular and certified mail (return receipt requested) to the last address that the worker has furnished to the appointing authority.

21.4 Appeals

21.4.1 Time for Appeal
Any worker against whom disciplinary action is taken shall have the right to appeal from such disciplinary action; provided, however, that the worker must deliver a written notice of appeal to the Human Resources Department within ten (10) working days of the date that the written notice of disciplinary action was served upon the worker. In the event worker 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 worker shall have no further right to appeal.

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21.4.2 Notice of Appeal - Contents.

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:
 Name and address of the worker;
 The date of the disciplinary action and a statement of the effect that the worker appeals from the disciplinary action; and
 The notice of appeal shall be dated and signed by the worker or by his representative.

21.4.3 Setting Hearing Date
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 at the next available regular meeting of the Personnel Board at least fifteen (15) working days after receipt of the notice of appeal.

21.4.4 Findings and Conclusions
The Personnel Board shall render written findings and recommendations and final decisions concerning the appeal following the hearing and 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.

22.0 LAYOFF PROCEDURE

22.1 Layoff Defined
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 workeremployee(s) displaced shall be deemed to be laid off (workers employees may accept an hour’s reduction in excess of twenty percent (20%) without exercising their layoff rights.) The rights of workers employees affected by the abolishment of positions by the City Council shall be hereafter set forth in this Section.

22.2 Seniority
Seniority for purposes of layoff need not be continuous and shall include total accumulated length of service under the following types of appointment:
 Emergency appointment under SMMC 2.57.60 (h) or previous SMMC Section

2.57.020 (11).
 Regular appointment under SMMC 2.57.080.
 Provisional appointment under SMMC 2.57.070 (d).
 Appointment as City Manager's assistants under SMMC 2.57.060 (a) from a position in the classified service.
 Appointment 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.

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22.3 Seniority for Layoff Purposes
The least senior worker employee in the classification from which the position is abolished is to be first laid off. Prior to layoff of regular employeesworkers, temporary and/or provisional workers 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.

For the purposes of Section 22.4 (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.

22.4 Bumping Rights
Employees Workers laid off may elect to be reassigned to a formerly held classification in any Unit held by a worker n employee with less seniority as defined in 22.2, provided the following conditions are met:
 The formerly held classification exists and has positions allocated and budgeted.

Formerly held positions include 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.
 The employee worker 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.
 If the employee worker has more than one formerly held City classification, the worker shall bump to the classification most recently held; the worker employee may bump into another formerly held classification if no position is available in the "most recently held" classification.

22.5 Mutually Agreed Upon Transfer
The City and an employee worker 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:
 The City may test the ability of the employee worker for the position prior to City's decision on whether it will mutually agree to the transfer;  The appointment shall be subordinate to the bumping rights of other workers employees and may not be used to prevent another worker employee from having access to the vacant position if permitted by the bumping provisions.

22.6 Severance Package
In the event there is not a less senior, formerly held position for the worker employee to access through layoff or bumping, the worker employee will be provided a severance package equal to two (2) weeks pay for each complete year of service, to a maximum of six (6) months pay. This severance package shall be in addition to any other buyouts and/or severance payments to which the worker employee is entitled under their MOU.

In addition to providing severance as described in this section, the City shall make arrangements to provide workers employees laid off with job search assistance for fortyDocusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 676 of 791
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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.

22.7 Salary in Event of Change Due to Layoff
An worker’s 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 worker employee is laid off which is closest to the base salary received immediately prior to layoff.

22.8 Notice of Layoff
The City will notice the worker employee to be laid off and the workers employees who will be impacted by bumping, by registered mail or hand delivery. Affected worker employee organizations shall be noticed concurrently by registered mail. The notice shall be sent to the mailing address as shown on the workeremployee's last paycheck unless a more recent address has been provided to Human Resources by the workeremployee.

After notice to the worker employee and worker employee organizations, the names of workers 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 workeremployee, re-employment rights, and layoff procedures. Employees Workers 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 worker employee fails to state their decision, the City shall select an option and City's decision shall not be subject to appeal. 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.

22.9 Effective Date of Layoff
A layoff shall be effective thirty (30) calendar days after notice is mailed to the workeremployee, 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 worker employee shall be provided salary and benefits as if there was not layoff.

22.10 Appeal
An worker employee may not appeal the decision to layoff their position except as stated in 22.8 above 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 or their 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 worker employee and to their Unit. 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 Department 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 Personnel Board may be gathered and a decision rendered within five (5) calendar days of the hearing.

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23.0 RECALL AND REEMPLOYMENT
Employees Workers 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 worker's last day of work in the classification from which the worker is laid off or bumped.

When a vacancy occurs in a job classification, laid off or bumped workers employees eligible to return to that job classification shall be recalled in the inverse order of bump or layoff. Permanent workers employees who were laid off or bumped are eligible to return to the job classification in which permanent status was held. Employees Workers reinstated under this Section shall not be subject to a new probationary period.

Probationary workers 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 workers employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the worker’s employee's last paycheck unless a more recent address has been furnished by the laid off/bumped workeremployee.

To expedite recall, more than one (1) worker employee may be notified of an opening.

The worker employee shall have fourteen (14) calendar days to reply to the City from the date of mailing of the recall notice. If the worker employee fails to respond within fourteen (14) calendar days of notice to the City, the worker shall lose all recall rights.

Employees Workers reinstated under this Section shall receive credit for former employment in computing salary, vacation, and other benefits.

Employees Workers reinstated after layoff shall be treated as though they have been on absence without pay in computing salary, vacation, sick leave and other benefits.

The right to reinstatement is contingent upon the ability of the worker employee to perform the essential functions of the position to which the worker employee is being returned.

It is the responsibility of the worker employee who has been laid off to keep the City informed as to their addresses and telephone number. The City has no responsibility to attempt to trace an worker employee if notice of reinstatement is not delivered by the Post Office.

23.1 Meet and Confer
Upon request, the City shall meet and confer with affected worker employee organizations on the impact of any layoffs occurring pursuant to this policy.

Furthermore, the City will notify worker employee organizations of possible layoffs as soon as is reasonably possible, and afford the organization(s) the opportunity to provide options/alternatives to layoffs for consideration by the City Council prior to the Council reaching a final decision.

24.0 RE-EMPLOYMENT PROCEDURES AFTER RESIGNATION
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Any former worker with permanent status, separated from a position through resignation in good standing 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 worker meets the physical requirements for employment, upon the recommendation of the Department Head.

Workers reemployed under this section shall be subject to a probationary period and may receive credit for former employment in determining the amount of vacation allowance, sick leave, other benefits, and their step in the salary range upon the recommendation of the Department Head.

25.0 MISCELLANEOUS PROVISIONS

25.1 Mileage Allowance
City workers who must use their private vehicles for official business shall be compensated at the IRS rate.

25.2 Joint Labor Management Committee
The Joint Labor Management Committee is a vehicle for Library management and SEIU represented staff to work out issues in an interest-based manner in between contract negotiations. The Committee meets at least four (4) times per year, and may be scheduled more frequently with mutual agreement. SEIU Library members select one per diem and one merit worker employee to be released from regular duties to attend when the meetings correspond with the workers’ employees’ regularly scheduled shift. In addition, a Union representative may attend, and management may select participants to represent the City and Library. Action minutes are reviewed and approved by the Committee before they are posted for Library staff.

26.0 NO STRIKE
Local 521, SEIU, its members and representatives, agree that during the term of this agreement they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties because of any labor dispute. It shall not be a violation of this provision or any City rule, regulation, or policy for a worker to fail or refuse to perform the work of any City worker who is or may be considered to be engaged in any legal activity set forth herein.

Neither the Union nor any representatives thereof shall engage in job action as designated in this section for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of workers not covered by the Memorandum of Understanding, during the term of this Agreement. This is not meant to restrict the worker’s right to communicate with elected officials.

27.0 NO LOCKOUT
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The City agrees not to engage in any lockout during the term of this Agreement.

28.0 SEVERABILITY OF PROVISIONS
If any provision of this Agreement should be held invalid by a court of competent jurisdiction or to be illegal or unenforceable, all the other provisions shall remain in full force and effect. The parties shall immediately enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision.

29.0 CONTRACTING OUT
City shall retain the right and obligation to maintain day to day services and operations through the retention of outside contractor’s on a temporary or ongoing basis. However, the City will provide formal notice to the Union and provide the opportunity to meet and confer no less than ninety (90) days prior to any final decision (award of contract) to contract out work which results in the displacement of workers covered by this Memorandum of Understanding or when such contracting out is the result of the elimination of one or more bargaining unit positions.

When contracting out would result in the reduction of authorized positions covered by this contract, the City shall make every effort to place the affected workers in other City functions and reduce personnel through attrition.

The Union shall be given the opportunity to meet with the City and discuss the decision to contract out, and meet and confer on the effect of contracting out on its members. The Union may suggest alternate ways services can be continued to be provided by the City's own workers. After notification the Union shall respond within thirty (30) days with their alternatives.

In addition and upon request, the Union agrees to meet and confer with City departments to discuss ways to improve the quality and efficiency of City services.

30.0 AGREEMENT TERM
This Agreement terminates at 11:59 p.m. on June 21, 2026.

The existing and unmodified rules, regulations, resolutions or ordinances relating to wages, hours and conditions of employment not covered in this Agreement for workers in this Unit shall remain unchanged for said period unless such changes are the result of meeting and conferring as required by law.

Notwithstanding the provisions of this section, the City Council may increase the benefits for the Library Merit Unit, or may increase the wages of specific classifications in the Library Merit Unit.

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HOUSEKEEPING CLEANING – TENTATIVE AGREEMENT
For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #3

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 11 - DIFFERENTIALS and PREMIUM PAY LANGUAGE:

11.0 DIFFERENTIALS and AND PREMIUM PAY

11.2A Temporary UpgradeActing Pay (AP)
In the event a Department Head determines that when it is necessary to assign a worker to perform all of the duties of a higher paid classification, the worker employee shall, receive the rate of pay of for the higher classification. Bargaining Unit employees accepting an acting pay position which is exempt from overtime will not be eligible for overtime pay. If an AP assignment is in a different bargaining unit, the employee will retain the benefits of their actual position.

Such rate of pay shall be at least five perfect (5%) higher than the employee’s current that rate of pay the worker is entitled to in the event of a promotion, except that if circumstances warrant, in the opinion of the City Manager , he or she may authorize a different salaryhigher step in the established salary range of the higher paid classification. If an acting assignment is in a different bargaining unit, the employee will retain the benefits of their actual position.

Bargaining Unit employees accepting an acting pay position which is exempt from overtime will not be eligible for overtime pay. The individual will however retain all other rights in accordance with the MOU of the labor unit representing their regular classification.

Temporary upgradeAP assignments shall be no longer than six (6) months in duration, unless an extension is approved by the City Manager. Extensions beyond the initial six (6) month period can only be granted by the City Manager.

In the event the City Manager appoints a worker to a Department Head temporary upgradeAP assignment, such worker shall be paid a salary which is the average of the established salary for the Department Head and the worker's current salary, plus any differentials, effective thirty-one (31) calendar days following the absence of the Department Head or later as determined by the City Manager.

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AP assignments shall be no less than one (1) full pay period. An employee working less than one (1) full pay-period may receive differential pay for working out of their existing classification as defined by Section 11.2 Differential Pay.

Except with the approval of the City Manager, a temporary upgrade assignment shall not continue for longer than one year.

In the event that the Department Head or the City Manager decides to assign all the duties of a vacant Department Head or Division Head position to a "Management Team," the cost of paying one of the management employees temporary upgrade pay to fill the vacancy will be split between the members of the "Management Team" and be paid as a work out of class differential (not temporary upgrade pay) for the duration of the assignment.

11.2A3 Temporary Upgrade Pay
When an employee is acting or working out of classification due to incumbent’s approved leave of absence, said employee shall receive Temporary Upgrade Pay (TUP). TUP, as defined by California Code of Regulation 571(a)(3), is compensation to employees who are required by their employer or governing board or body to work in a higher upgraded position/classification of limited duration.

TUP assignments shall be no longer than six (6) months in duration, unless an extension has been approved by the City Manager. The total TUP duration with an approved extension shall not exceed one (1) year.

TUP shall be reported to CalPERS as special compensation for classic members.

11.2B Work Out of Class
Work Out of Class (WOC) appointments shall only be made for vacant positions during active recruitment. Gov. Code Section 20480 of the Public Employees’ Retirement Law (PERL) defined an “out-of-class appointment” to mean an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a "vacant position" refers to a position that is vacant during active recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee' s leave of absence (see “Temporary Upgrade Pay” above).

WOC assignments shall be no longer than six (6) months in duration.

WOC Acting Pay is reportable to CalPERS as compensation for both Classic and PEPRA members.

If a worker performs a significant portion but not all of the duties of a higher paid classification, the worker may, upon Department Head approval, qualify for a differential in pay to be Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 683 of 791
Tentative Agreement - City Proposal #3 3 of 3
determined by duties assigned for this work out of class.

11.2C Differential Pay (DP)
If an employee performs a significant portion but not all of the duties of a higher paid classification for a minimum of one (1) shift, the employee may, upon department head approval, qualify for a differential pay (DP) to be determined by duties and level of complexity assigned.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #4

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 15.4.1 Bereavement Leave
LANGUAGE:

15.4.1 Bereavement Leave
Leave of absence up to five (5) days without pay becauseIn the event of a death in the immediate family of a worker shall be granted by the Department Head, workers may take accrued sick leave of up to three (3) days, or up to five (5) days at the discretion of the employeeworker’s department head, in the event of a death of an immediate member of their family. Bereavement Leave shall be tracked separately from Protected Sick Leave. Workers may use their eligible leave balances (e.g., sick leave and vacation) to remain on paid status. Bereavement Leave may be taken intermittently and shall be completed within three (3) months of the date of death of the immediate family member.

For purpose of this subsection 15.4.1 (Bereavement Leave), "immediate family" means mother, stepmother, father, stepfather, husband, wife, domestic partner, child of domestic partner, son, stepson, daughter, stepdaughter, grandparent, grandchild, brother, stepbrother, sister, stepsister, foster parent, foster child, mother-in-law and father-in-law, son-in-law, daughter-in-law, brotherin-law or sisters-in-law, spouse’s grandparents, or any other person sharing the relationship of in loco parentis.

In this context only, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee at the time of their 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.

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For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #5

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 15.0 (New Section) Family Sick Leave LANGUAGE:

15.1.1 Family Sick Leave
Workers are eligible to use, in each calendar year, up to six (6) days of accumulated protected sick leave to attend to immediate family members who are ill or injured, including emergency or routine medical/dental appointments and/or to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of themselves or their child(ren) when the worker is a victim of domestic violence, sexual assault or stalking. For the purpose of this subsection "immediate family" means:
• Parent (biological, adoptive, foster-parent, stepparent, grandparent or legal guardian of a worker or the worker’s spouse or domestic partner (upon submission of a written affidavit for domestic partnership or a notarized Declaration of Domestic Partnership filed with the California Secretary of State) or a person who stood in loco parentis when the worker was a minor child); • Spouse or domestic partner (upon submission of a written affidavit for domestic partnership or a notarized Declaration of Domestic Partnership filed with the California Secretary of State); • Child (biological, adopted, foster-child, stepchild, grandchild, legal ward or child to whom the worker stands in loco parentis);
• Sibling; and
• An “immediate family” member also includes a “designated person”. The worker shall identify their “designated person” at the time the worker requests the leave. Workers are limited to one (1) “designated person” per 12-month period.

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For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date

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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #6

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 15.4 Protected Leave
LANGUAGE:

15.4 Protected Sick Leave
Protected sick leave shall be granted in accordance with federal and state laws, including but not limited to the Family and Medical Leave Act, California Family Rights Act, and Pregnancy Disability Leave.

Workers may refer to City-wide policies in the Human Resources Department. may be taken and if taken, shall be charged to sick leave or, with the concurrence of the Department Head, to vacation, holiday, or Compensatory Time Off (CTO) leave for the following reasons:
 The diagnosis, care or treatment of an existing health condition of, or preventative care for an employee.
 The diagnosis, care or treatment of an existing health condition of, or preventative care for an employee’s family member, as defined in California Labor Code section 245.5(c).  An employee who is a victim of domestic violence, sexual assault, or stalking.

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, at the discretion of the Department Head, a reasonable extension of the six (6) day limit may be granted. Any additional leave so granted shall be charged against the worker's accumulated sick leave.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #7

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 15.5 Extended Sick Leave
LANGUAGE:

15.5 Extended Sick Leave
After one (1) year of continuous merit system service, workers who have exhausted all their earned leave benefits may be granted extended sick leave pay at the rate of seventy-five percent (75%) of regular salary upon the recommendation of the Department Head.

After each thirty (30) days of such sick leave, each case requiring additional sick leave shall be reviewed by the Department Head and Human Resources Director and approved by the Personnel Officer. Such extended sick leave shall not be charged to the worker's future sick leave accumulation during this period of extended sick leave. Application for extended sick leave pay shall not be unjustly denied by the Department Head.

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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #8

TENTATIVE AGREEMENT
APRIL 9, 2026
MOU SECTION: New Section- Family-School Partnership Act Leave LANGUAGE:

18.8 FAMILY-SCHOOL PARTNERSHIP ACT LEAVE
California Government Code Section 230.8 entitles workers who are a parent, legal guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to a child in a licensed daycare facility or school (from birth through grade 12) up to forty (40) hours off per year, with a maximum of eight (8) hours per calendar month, to participate in school activities. Workers shall utilize vacation or compensatory time, for the purposes of the planned absence. The type of leave used by the worker shall be at the sole discretion of the worker. Workers who do not have any accrued vacation, compensatory time, or Executive/FLSA Exempt Management leave are permitted to utilize leave without pay for this purpose. Workers shall give reasonable notice to their supervisor of the school activity planned absence and upon return to work, provide to their supervisor documentation from the school or licensed childcare provider as proof that the worker engaged in child-related activities. A Department Head shall not deny a request for this leave except for reasons critical to the department operations.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #9

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: New Section: 18.4B – Victim and Family Support Leave LANGUAGE:

18.4B Victim and Family Support Leave
In accordance with Government Code §12945.8 and any amendments thereto, workers are entitled to an unpaid, job-protected leave of absence if they or their family members are a victim of a qualifying act of violence. The amount of approved leave is contingent on the qualifying circumstance. This leave runs concurrently with any applicable leave, including FMLA and CFRA, if the worker is eligible.

1. Use of Paid Leave. Workers may elect to use accrued sick leave, vacation or other available paid leave balances for leave taken pursuant to this subsection. For workers scheduled to work less than the full-time work week, use of paid leave shall be granted only for those days, or fractions thereof, that the worker was scheduled to work. Workers who do not elect to use accrued leave or lack sufficient leave accruals to cover the leave taken under this subsection shall be granted authorized unpaid leave.

2. Request and Documentation. When feasible, workers must provide advance notice. To request the leave, workers must complete and submit the appropriate form to the Human Resources Department. Reasonable documentation/certification will be required to support the leave.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #10

TENTATIVE AGREEMENT
JULY 8, 2026
MOU SECTION: Section 18.2 - Disability Leave
LANGUAGE:

18.2 Industrial DisabilitySick Leave Benefits
Workers with an approved/accepted workers’ compensation claim shall receive workers’ compensation benefits in accordance with the Workers' Compensation Law of the State of California. If an The purpose of this Section is to continue the compensation of workers worker is incapacitated because of an approved work-related injury/illness, such worker shall be entitled to pay as provided herein.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 workers of the City.

A Department Head is responsible for determining that only bona fide disability leave is taken.

For each approved workers’ compensation claimdisability, workers workers shall be allowed industrial sick disability leave (salary continuation) up to and including 480 work hourssixty (60) working days. Such industrial sick disability leave (salary continuation) shall be at full pay and will reflect include any approved, less Workers’ Compensation temporary disability (TD) payments to which such worker is entitled during such disability period. This period shall not exceed 480 work hours from the start date of leave due to such approved workers’ compensation injury or illness.

Workers with an approved/accepted workers’ compensation claim shall be entitled to TD as determined by the State Workers’ Compensation Law. WhenIf the 480 work hours (Salary Continuation)sixty (60) working days become are exhausted, available worker’s leave balances shall be granted to supplement TD payments. Available worker’s leave balances shall include sick leave, vacation leave, compensatory time off, holiday leaves, and management FLSA exempt leave. additional time off may be charged to sick leave Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 693 of 791
Tentative Agreement - City Proposal #10 2 of 2
with the following exceptions: A worker Workers shall not be charged use sick leave balances for that portion of his or her salary for which temporary disability payments are received under the State Workers’ Compensation Law.

18.2.1 Disability Retirement or Separation
No otherwise appropriate disability retirement or separation from service shall be delayed for more than forty-five (45) workdays (three hundred sixty (360 hours)) due to the existence of accrued sick leave. EmployeeWorkers being retired due to disability with unused sick leave on the books shall be entitled to compensation for the unused leave in accordance with Section 17.9, Termination Pay.

Additional compensation may be awarded by Resolution of the City Council to workers disabled or injured in line of duty, if such compensation is considered merited and is recommended by the City Manager.

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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #11

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 11.4.1 Exempt Employees
LANGUAGE:

The following classifications are EXEMPT from paid overtime provisions:
 Librarian I
 Librarian II
 Literacy Program Coordinator
 Literacy Specialist
Fair Labor Standards Act exempt workers not eligible for overtime payment will accrue compensatory time off at the rate of one (1) hour for each overtime hour worked, to a maximum of eighty (80) hours.

Workers exempt from paid overtime may be paid up to a maximum of forty (40) hours of payment each fiscal year. Payment shall be at the worker's normal rate of pay and may be made as earned by the worker. Such overtime would not include time spent on trips Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 695 of 791
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and conferences, reading professional journals, attending schools, classes, professional meetings, or attending City or quasi-public groups unless attendance in an official capacity on behalf of the City is required.

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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 14.4 Monday Holidays
LANGUAGE:

14.1 Monday Holidays
For the following holidays that fall on Monday, the Library shall be closed on the preceding Sunday.

Martin Luther King, Jr. Day
President’s Day
Memorial Day
Labor Day
Employees’ schedules will be adjusted accordingly. If a holiday falls on an employee’s regularly scheduled day off, holiday time shall be granted for the observed day only.

For the SEIU Library Merit: For the City:

___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 4.8 General Membership (New Section) LANGUAGE:

4.8 General Membership
The Union may submit a request for paid or unpaid release time for employees to participate in Union business/events that provide mutual benefit to both the Union and the City, in compliance with applicable federal, state, and local laws, rules, regulations, and City policies. Employees are prohibited from engaging in political activities while on duty or when on City premises, as stated in the Political Activities Policy.

All release time requests must be submitted to the Human Resources Director and shall be subject to final approval by the City Manager.

For the SEIU Library Merit: For the City:

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 11.6 – Librarian in Charge (New Section) LANGUAGE:

11.6 Librarian in Charge
One (1) employee in the classification of Librarian who is designated to be “in-charge” shall receive an additional 5% of base pay for all hours worked performing “in-charge” duties during evening and weekend shifts when management is not present. The designation will be assigned on a scheduled rotation that addresses meal periods and ensures continuity.

For the SEIU Library Merit: For the City:

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 9.1 – Compensation Increases During the Term of this Agreement LANGUAGE:

9.1.1 Compensation Increases During the Term of this Agreement The Unit will receive the following across the board increases during the term of this agreement:
 3% effective the first full pay period following Council adoption of this agreement
 2% effective January 2, 2028
 2% effective January 14, 2029

9.1.2 Equity Adjustments
Effective the first full pay period following Council adoption of this agreement, the following classifications will receive an equity adjustment as outlined below:
 Librarian II (Benchmark) – 7.23%
 Librarian I
 Literacy Program Coordinator
 Literacy Specialist
 Library Assistant II (Benchmark) – 7.06%
 Senior Library Assistant
 Library Assistant I
 Library Aid I
 Library Aid II

9.1.3 “Me Too” Clause
If during the term of this Memorandum of Understanding, SEIU Maintenance receives a higher COLA for Year 2 (Fiscal Year 27/28) or Year 3 (Fiscal Year 28/29), SEIU Library shall receive the same COLA percentage.

The equity adjustments for the Library Unit and the Maintenance Unit shall be calculated consistently. If the SEIU Maintenance Unit agreement calculates Market Median Total Compensation equity adjustments in a different manner, the City shall calculate the Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 700 of 791
Tentative Agreement 2 of 2

equity adjustments provided under this Agreement using the same formula ultimately applied to the SEIU Maintenance Unit.

Any adjustments as a result of this clause shall not result in a pay reduction for any library employee(s).

Effective July 9, 2023, employees will receive a four percent (4.0%) across the board increase.

The effective date of this increase is in recognition of the pause in the negotiation process due to the City’s change of City Manager. The union acknowledges this is an extraordinary circumstance and not a departure from the City’s long-standing practice of adopting MOUs with salary effective dates the pay period following adoption or later.

To aid in recruitment and retention, the Librarian I/II series shall receive an additional two percent (2%) increase effective July 9, 2023.

Effective June 23, 2024, employees will receive a three percent (3%) across the board increase.

Effective June 22, 2025, employees will receive a three percent (3%) across the board increase.

For the SEIU Library Merit: For the City:

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 30.0 – Agreement Term
LANGUAGE:

30.0 AGREEMENT TERM
This Agreement terminates at 11:59 p.m. on June 216, 20296.

Notwithstanding the provisions of this section, the City Council may increase the benefits for the Library Merit Unit, or may increase the wages of specific classifications in the Library Merit Unit.

For the SEIU Library Merit: For the City:

For SEIU Library Merit Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
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Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Merit Unit
Bilingual Differential
The City is committed to updating the citywide Bilingual Policy. All bargaining units will be invited to meet and confer within ten (10) months following Council adoption of the MOU.

For SEIU Library Merit Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026 10/14/2026
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Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Merit Unit
Merger Reopener
If SEIU bargaining units merge after following the unit modification process pursuant to Personnel Rules and Regulations, the City would agree to have a re-opener of the MOU contract for SEIU Library.

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #1

CITY OF SAN MATEO
AND

SAN MATEO LIBRARY PER DIEM
UNIT

MEMORANDUM
OF

UNDERSTANDING
EFFECTIVE:

July 9, 2023 – June 21, 2026
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CITY OF SAN MATEO LIBRARY PER DIEM UNIT

TABLE OF CONTENTS

1.0 RECOGNITION ............................................................................................................................................. 1

2.0 NO DISCRIMINATION ................................................................................................................................ 1

3.0 AT-WILL EMPLOYMENT .......................................................................................................................... 2

4.0 UNION SECURITY ........................................................................................................................................ 2

4.1 PAYROLL DEDUCTIONS AND PAY-OVER .......................................................................................................... 2

4.2 JOB ANNOUNCEMENTS ..................................................................................................................................... 2

4.3 ENFORCEMENT ................................................................................................................................................. 2

4.4 THIRD PARTY NOTIFICATION .......................................................................................................................... 2

5.0 UNION RIGHTS ............................................................................................................................................. 3

5.1 EMPLOYEE REPORTS ....................................................................................................................................... 3

5.1.1 Library Per Diem Orientation ........................................................................................................ 3

5.2 BULLETIN BOARDS ........................................................................................................................................... 3

5.3 ACCESS TO WORK LOCATIONS ........................................................................................................................ 4

5.4 ACCESS TO FACILITIES .................................................................................................................................... 4

5.5 WORKER ORIENTATION .................................................................................................................................. 4

6.0 UNION NOTICE ............................................................................................................................................. 4

7.0 STEWARDS AND REPRESENTATIVES ................................................................................................... 4

7.1 STEWARDS ........................................................................................................................................................ 4

7.2 OFFICIAL REPRESENTATIVES .......................................................................................................................... 5

8.0 CITY RIGHTS ................................................................................................................................................ 5

9.0 WORKER RIGHTS ....................................................................................................................................... 5

10.0 SALARY ADJUSTMENT .............................................................................................................................. 5

10.1 COMPENSATION INCREASES DURING THE TERM OF THIS AGREEMENT ........................................................ 5

10.2 MARKET PLACEMENT AND COMPENSATION SURVEY .................................................................................... 6

10.3 MID-TERM PAY RAISES ................................................................................................................................... 6

10.4 NEW HIRE COMPENSATION ............................................................................................................................. 6

10.5 PERFORMANCE BASED COMPENSATION INCREASES ...................................................................................... 6

10.6 NOTICE TO EMPLOYEE OF DENIAL.................................................................................................................. 7

11.0 DIFFERENTIALS AND PREMIUM PAY ................................................................................................... 7

11.1 BILINGUAL DIFFERENTIAL .............................................................................................................................. 7

11.2 WORK OUT OF CLASS PAY .............................................................................................................................. 7

11.3 EASTER SUNDAY PAY ....................................................................................................................................... 7

12.0 EDUCATION AND TRAINING REIMBURSEMENT .............................................................................. 7

13.0 PAID LEAVE BENEFITS ELIGIBILITY ................................................................................................... 8

14.0 VACATION ..................................................................................................................................................... 8

14.1 VACATION POLICY ........................................................................................................................................... 8

14.2 VACATION ALLOWANCE .................................................................................................................................. 8

14.3 VACATION ACCUMULATION ............................................................................................................................ 8

14.4 VACATION SCHEDULING .................................................................................................................................. 9

14.5 PERSONAL BUSINESS ........................................................................................................................................ 9 Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 707 of 791
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14.6 VACATION ALLOWANCE FOR TERMINATING WORKERS ................................................................................ 9

14.7 VACATION SELL-BACK .................................................................................................................................... 9

15.0 HOLIDAYS ..................................................................................................................................................... 9

15.1 HOLIDAY ELIGIBILITY ..................................................................................................................................... 9

15.2 HOLIDAY ACCRUAL ....................................................................................................................................... 10

15.3 HOLIDAY ACCUMULATION ............................................................................................................................ 10

16.0 SICK LEAVE ................................................................................................................................................ 10

16.1 PURPOSE ......................................................................................................................................................... 10

16.2 SICK LEAVE ACCRUAL ................................................................................................................................... 10

16.3 PROTECTED SICK LEAVE ............................................................................................................................... 10

16.4 SICK LEAVE SCHEDULING: HEALTH MAINTENANCE APPOINTMENTS ....................................................... 11

16.5 DOCTOR'S CERTIFICATION ............................................................................................................................ 11

17.0 HEALTH AND WELFARE ......................................................................................................................... 11

17.1 HEALTH BENEFIT AND CAFETERIA PLAN ..................................................................................................... 11

17.1.1 Initial Enrollment .......................................................................................................................... 11

17.1.2 Ongoing Eligibility ......................................................................................................................... 12

17.1.3 Voluntary Withdrawal from HealthWorx ................................................................................... 12

17.1.4 Cost ................................................................................................................................................. 12

17.1.5 Termination .................................................................................................................................... 12

17.1.6 Waiver of Health Insurance – Flexible Spending Plan ............................................................... 12

17.2 STATE DISABILITY INSURANCE...................................................................................................................... 13

17.3 REHABILITATION ........................................................................................................................................... 13

17.4 SAFETY COMMITTEE ...................................................................................................................................... 13

18.0 EMPLOYMENT LEAVE ............................................................................................................................ 13

18.1 BEREAVEMENT LEAVE ................................................................................................................................... 13

18.2 JURY LEAVE ................................................................................................................................................... 13

18.3 FAMILY CARE LEAVE FOR ELIGIBLE EMPLOYEES ....................................................................................... 13

19.0 EMPLOYMENT ADMINISTRATION ...................................................................................................... 14

19.1 SENIORITY ROSTER ........................................................................................................................................ 14

19.2 PERSONNEL FILES .......................................................................................................................................... 14

19.2.1 Maintenance of Records ................................................................................................................ 14

19.2.2 Release of Information .................................................................................................................. 14

19.2.3 Access and Contents. ..................................................................................................................... 14

19.3 PERFORMANCE EVALUATIONS ...................................................................................................................... 15

19.4 FLEX STAFFING .............................................................................................................................................. 15

19.5 EMPLOYMENT DEVELOPMENT ...................................................................................................................... 15

19.6 CONTINUOUS SERVICE DEFINED ................................................................................................................... 15

19.7 CREDIT FOR PREVIOUS EMPLOYMENT.......................................................................................................... 15

20.0 GRIEVANCE PROCEDURES .................................................................................................................... 16

20.1 PURPOSE ......................................................................................................................................................... 16

20.2 GRIEVANCE DEFINITIONS .............................................................................................................................. 16

20.3 INFORMAL DISCUSSION .................................................................................................................................. 17

20.4 FORMAL GRIEVANCE - STEP ONE ................................................................................................................. 17

20.5 FORMAL GRIEVANCE - STEP TWO ................................................................................................................. 17

20.6 ARBITRATION - STEP THREE. ........................................................................................................................ 18

20.7 TIME ............................................................................................................................................................... 18

20.8 GENERAL ........................................................................................................................................................ 18

20.9 EXCLUSIONS ................................................................................................................................................... 19

21.0 DISCIPLINARY PROCEDURE AND PERSONNEL BOARD PROCESS ............................................ 19 Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 708 of 791
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21.1 DISCIPLINARY ACTION DEFINITION .............................................................................................................. 19

21.2 WEINGARTEN RIGHTS.................................................................................................................................... 20

21.3 NOTICE OF PROPOSED DISCIPLINE ................................................................................................................ 20

21.4 NOTICE OF DISCIPLINARY ACTION ............................................................................................................... 20

21.5 APPEALS ......................................................................................................................................................... 21

21.5.1 Time for Appeal ............................................................................................................................. 21

21.5.2 Notice of Appeal-Contents ............................................................................................................ 21

21.5.3 Setting Hearing Date ..................................................................................................................... 21

21.5.4 Findings and Conclusions.............................................................................................................. 21

22.0 LAYOFF PROCESS FOR PER DIEM UNIT ............................................................................................ 21

22.1 LAYOFF DEFINED ........................................................................................................................................... 22

22.2 LAYOFF SENIORITY ........................................................................................................................................ 22

22.3 ORDER OF LAYOFF ......................................................................................................................................... 22

22.4 BUMPING RIGHTS UPON LAYOFF .................................................................................................................. 22

22.5 MUTUALLY AGREEABLE TRANSFERS UPON LAYOFF ................................................................................... 22

22.6 RATE OF PAY ON POSITION CHANGE UPON LAYOFF .................................................................................... 22

22.7 NOTIFICATION UPON LAYOFF ....................................................................................................................... 23

22.8 APPEAL RIGHT UPON LAYOFF ...................................................................................................................... 23

22.9 NOTICE TO WORKER: PLACEMENT ASSISTANCE UPON LAYOFF ................................................................ 23

23.0 RECALL PROCEDURE .............................................................................................................................. 23

24.0 MISCELLANEOUS PROVISIONS ............................................................................................................ 24

24.1 MILEAGE ALLOWANCE .................................................................................................................................. 24

24.2 LIBRARY SERVICE REWARD .......................................................................................................................... 24

24.3 JOINT LABOR MANAGEMENT COMMITTEE .................................................................................................. 24

24.4 DEFERRED COMPENSATION ........................................................................................................................... 24

25.0 NO STRIKE .................................................................................................................................................. 25

26.0 NO LOCKOUT ............................................................................................................................................. 25

27.0 CONFORMITY WITH THE LAW ............................................................................................................ 25

28.0 SEPARABILITY OF PROVISIONS .......................................................................................................... 25

29.0 TERMINATION OF AGREEMENT .......................................................................................................... 26 SIGNATURE PAGE .................................................................................. ERROR! BOOKMARK NOT DEFINED.

EXHIBIT A ................................................................................................. ERROR! BOOKMARK NOT DEFINED.

LIBRARY PER DIEM UNIT CLASSIFICATIONS .................................... ERROR! BOOKMARK NOT DEFINED.

EXHIBIT B ................................................................................................. ERROR! BOOKMARK NOT DEFINED.

BENEFIT SUMMARY SHEET ...................................................................... ERROR! BOOKMARK NOT DEFINED.

INDEX ......................................................................................................... ERROR! BOOKMARK NOT DEFINED.

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF SAN MATEO
AND
SEIU LOCAL 521, LIBRARY PER DIEM UNIT
March 8, 2020 – March 4, 2023
This Memorandum of Understanding constitutes the result of meeting and conferring in good faith pursuant to the provisions of Chapter 10, Division 4, Title I, of the Government Code of the State of California.

Wages, hours, and conditions of employment set forth below have been agreed to by the signatories of this Memorandum for implementation to all workers represented by the Service Employees International Union, Local 521, CLC. This Memorandum of Understanding shall remain in full force and effect for the term of this Agreement.

Wages, hours and conditions of work shall be as follows:

1.0 RECOGNITION
The City has recognized the Union as the exclusive bargaining representative for all regularly scheduled and On-Call Per Diem workers within the bargaining unit in the classifications specifically listed in Exhibit A attached thereto and made a part hereof provided, however, that fixed-term workers up to six (6) months are excluded from this bargaining unit. For purposes of identification, this unit shall be entitled the SEIU Library Per Diem Unit.

New workers hired and assigned to classifications covered by the SEIU Unit shall be advised by the City that Local 521, Service Employees International Union, CLC is the recognized bargaining representative in said Unit. The City agrees to distribute to all new workers in the SEIU Unit a reasonable amount of materials provided by the Union.

Positions in classifications represented by SEIU Local 521 established under federal or state funded employment program may be included in the unit represented by SEIU Local 521.

Per Diem workers shall be limited to 1000 hours per fiscal year, or up to 1020 with Department Head approval.

2.0 NO DISCRIMINATION
The City and the Union agree that there shall be no discrimination of any kind because of race, religion, color, national origin, sex, political affiliation, disability, sexual orientation or union activity against any worker or applicant for employment; and to the extent Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 710 of 791
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prohibited by applicable state and federal law and there shall be no discrimination because of age.

3.0 AT-WILL EMPLOYMENT
Workers who have been employed by the City for less than the equivalent to two thousand (2,000) Per Diem hours of service shall be at-will workers and shall serve at the pleasure of the City.

4.0 UNION SECURITY

4.1 Payroll Deductions and Pay-over
The Union may request that the City make payroll deductions from certain employeeworkers by providing the City with a list of those employeeworkers from whom deductions should be made. When requesting a deduction, the Union shall certify that it has, and will maintain, an authorization to make the deduction, signed by the individual from whose salary or wages the deduction is to be made. The City shall rely on information provided by the Union regarding whether deductions for an employeeworker organization were properly canceled or changed, and the employeeworker organization shall indemnify the public agency for any claims made by the employeeworker for deductions made in reliance on that information. The City will deduct after receipt of the authorization form, the employeeworker’s dues, service fee deductions, or charitable contributions.

The employeeworker’s earnings must be sufficient, after other legal and required deductions are made, to cover the amount of the dues authorized.

When an employeeworker is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employeeworker who is in a non-pay status during only part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made.

4.2 Job Announcements
Job announcements for positions covered by this Agreement will incorporate the requirements of this Article as a condition of employment.

4.3 Enforcement
Nothing herein shall require the City to take disciplinary action against any employeeworker who fails to comply with the provisions of this Article.

4.4 Third Party Notification
The City shall immediately notify the Union of any third-party request for contact information about the bargaining unit employeeworkers. The City shall promptly provide the Union with a copy of the request.

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5.0 UNION RIGHTS

5.1 Employee Reports
Pursuant to Government Code section 3558, the City of San Mateo shall provide SEIU Local 521 with the following information regarding all employeeworkers in the bargaining unit:

1. Name

2. Job title

3. Department

4. Department Description

5. Work phone number

6. Home phone number

7. Personal cell phone number

8. Home address

9. Employee Status (i.e. Active or on Leave)

10. Paid Lifetime Hours
For new employeeworkers, including rehires, the City shall provide this information to the Union within thirty (30) days of hire, or by the first pay period of the month following hire.

The City shall provide the same information to the Union for all existing employeeworkers every 120 days.

Reports shall be electronic and malleable.

5.1.1 Library Per Diem Orientation
Each employeeworker covered by this agreement who is hired subsequent to the execution of the agreement shall be granted a thirty (30) minute union orientation meeting with a union representative and/or steward to be held during the Library Per Diem orientation at a designated time, provided that a union representative and/or union steward is available at the time of the scheduled orientation. The orientation shall not be delayed in order to ensure that a union representative and/or steward is available. The union representative shall be notified at least ten (10) days in advance of and allowed access to the premises on the day of the Library Per Diem orientation.

The City representatives shall be absent from the room during any sessions, meetings or trainings conducted by the Union with newly hired employeeworkers. The City shall not discourage an employeeworker’s participation in the Union’s portion of the onboarding process.

5.2 Bulletin Boards
The City shall provide Union bulletin boards at the present work locations for the posting of official Union bulletins and notices. The Union may distribute a reasonable amount of information to City workers through intra- and inter-departmental mail without interference or censorship.

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5.3 Access to Work Locations
Staff representatives of the Union as designated pursuant to 7.1 are authorized to visit work locations for the purpose of ascertaining whether or not this Agreement is being observed.

This right shall be exercised reasonably. Staff representatives of the Union shall notify management before proceeding to or at the work location of their visit and shall not disrupt the normal conduct of work. Such activities as collection of dues, holding membership meetings, and conducting elections are prohibited during working hours without the prior approval of the Human Resources Director or an authorized representative.

5.4 Access to Facilities
City buildings and other facilities shall be made available for use by the Union or their representatives in accordance with City administrative procedures governing such use.

5.5 Worker Orientation
The City will notify the Union of Human Resources Department worker orientation programs in which Union represented workers are scheduled to be present. Reasonable time will be provided for a representative of the Union to be present at such orientation.

6.0 UNION NOTICE
The Union shall be notified in advance in writing of any ordinance, rule, resolution, or regulation within the scope of representation not covered by this Agreement which is proposed to be adopted or implemented by the City Council, any board or commission, or any department of the City, and the Union shall be given the opportunity to meet and confer or meet and consult prior to any enactment or implementation.

The Union shall be notified in advance of any contemplated changes in classification description and such changes shall be subject to the meet and confer or meet and consult process during the term of this Agreement.

In cases of emergency where the City Council determines that an action must be enacted immediately, without prior notice or meeting with the Union, the City shall provide the Union such notice and the opportunity to meet and confer or meet and consult at the earliest practical time.

7.0 STEWARDS AND REPRESENTATIVES

7.1 Stewards
The Union agrees to notify the Human Resources Director of those individuals designated as Union officers and stewards who represent workers before the City. Alternates may be designated to perform steward functions during the absences or unavailability of the steward.

Upon request, stewards shall be relieved from their assigned work duties by their supervisor when it does not conflict with work assignments to attend meetings arranged Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 713 of 791
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with management, to attend new worker orientation and to be trained by observing other steward’s processing of a grievance and to act on matters within the scope of this contract.

7.2 Official Representatives
A maximum of three (3) Union representatives shall be allowed concurrent time off without loss of compensation to meet and confer or meet and consult with City officials on matters within the scope of representation. Additional representatives may be approved by the City for attendance at such meetings without loss of compensation where warranted. The Union shall submit the names of all such workers' representatives to the Human Resources Director at least two (2) working days prior to such meetings and the representatives shall advise their supervisor reasonably in advance prior to leaving their work assignments to attend such meetings. Every effort must be made to schedule away time to minimize the impact on the operations of the Library.

8.0 CITY RIGHTS
The rights of the City not within the scope of the Union's representation include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its workers; take disciplinary action; relieve its workers from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

9.0 WORKER RIGHTS
Nothing contained in this Memorandum of Understanding shall prohibit the Unit or those who represent the Unit from meeting and conferring on matters within the scope of representation as provided by State Law.

10.0 SALARY ADJUSTMENT
Successful employeeworker performance is a key factor in determining compensation.

EmployeeWorkers with an overall performance rating of satisfactory or better will receive increases in base salary.

10.1 Compensation Increases During the Term of this Agreement The Unit will receive the following across the board increases during the term of this agreement:

Effective July 9, 2023 employeeworkers will receive a four percent (4.0%) across the board increase. The effective date of this increase is in recognition of the pause in the negotiation process due to the City’s change of City Manager. The union acknowledges this is an Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 714 of 791
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extraordinary circumstance and not a departure from the City’s long-standing practice of adopting MOUs with salary effective dates the pay period following adoption or later.

To aid in recruitment and retention, the Librarian I/II series shall receive an additional two percent (2.0%) increase effective July 9, 2023.

Effective June 23, 2024, employeeworkers will receive a three percent (3.0%) across the board increase.

Effective June 22, 2025, employeeworkers will receive a three percent (3.0%) across the board increase.

10.2 Market Placement and Compensation Survey
The City agrees to provide survey data prior to the commencement of negotiations for a successor Memorandum. Data to be provided shall include: top step salary as is surveyed for Library Merit classifications as well as benefits such as health and dental benefits and paid leaves that are provided to Per Diem library employeeworkers in comparable jurisdictions.

The City seeks to set top-step base salaries equal to the median of comparable cities with populations from 50,000 to 150,000 in San Mateo, Santa Clara and Alameda counties. The comparable cities will be surveyed and the data will be used to provide a competitive package. The data will be compiled no later than two (2) months prior to the expiration of this Memorandum of Understanding. The market median for benchmark classifications is determined by a survey of comparable benchmark classifications using those cities used to set compensation adjustments for the Unit.

Base salary adjustments are subject to negotiations for a successor Memorandum of Understanding.

10.3 Mid-Term Pay Raises
When the City has the financial ability, mid-term pay raises of up to two and one-half percent (2½%) may be granted to the bargaining unit. In the event the Council approves mid-term pay raises, they will consider, among other factors, the employment market, recruitment and retention history, as well as the City’s financial health.

10.4 New Hire Compensation
This Section is not intended to exclude newly hired/promoted/appointed workers who have not received an annual performance evaluation. As outlined below, these individuals will receive a salary increase if they have an overall effective or better performance evaluation on their most recent evaluation, received no disciplinary action, and/or the worker is not currently on a Performance Improvement Plan (PIP).

10.5 Performance Based Compensation Increases
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If one or more of the following has occurred within the twelve (12) months preceding the scheduled base salary increase, the Department Head will determine the amount of increase, if any:
 The employeeworker has received an overall performance rating of less than satisfactory and a meeting has occurred prior to the performance rating that informed the employeeworker of the performance difficulties.
 The employeeworker has been placed on a performance improvement plan.  The employeeworker has received a disciplinary action, as defined in the Memorandum of Understanding.

10.6 Notice to Employee of Denial
At any such time the employeeworker is denied a compensation increase based on one or more of the above criteria (section 10.5), the employeeworker will be notified in writing of the improvements/performance required, the timeframe for the needed improvements and the expected date to have the compensation increase implemented in part or in whole. This section does not prohibit the employeeworker from receiving the increase earlier should the employeeworker's improved performance warrant it. An employeeworker placed on a PIP shall receive the missed compensation increase upon the successful completion of the PIP.

11.0 DIFFERENTIALS and PREMIUM PAY

11.1 Bilingual Differential
Based upon the City's need, the bilingual proficiency of the worker and recommendation of the Department Head, the Human Resources Director may approve bilingual premium pay to a worker. Said premium pay shall be pro-rated equivalent to the full-time payment of Ninety Dollars ($90.00) biweekly. In addition to English speaking skills, an individual must possess either Chinese, Japanese, Spanish speaking or other language skill as deemed appropriate by the Department Head.

In order to ensure that workers retain bilingual proficiency, periodic requalification shall be required and shall be administered by the Human Resources Department.

11.2 Work Out of Class Pay
If a worker performs a significant portion but not all of the duties of a higher paid classification, the worker may, upon Department Head approval, qualify for a higher pay rate to be determined by duties assigned for this work out of class.

11.3 Easter Sunday Pay
Although Easter is not an observed holiday, employeeworkers who work on Easter Sunday shall be compensated at time-and-one-half. Easter Sunday is part of the Sunday rotation schedule and employeeworkers sign-up in seniority order; the sign-up process will be initiated at least six weeks in advance.

12.0 EDUCATION and TRAINING REIMBURSEMENT
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Workers shall be entitled to reimbursement for tuition, books and fees for educational courses relating directly to existing job duties or reasonable promotional opportunities.

Approval of the course and any release time shall be obtained in advance from the Department Head. Professional and technical workers attending approved meetings, workshops or conventions of their professional or technical organizations shall be reimbursed for reasonable expenses, including travel, and the City shall pay the dues for those organizations in which membership is required.

13.0 PAID LEAVE BENEFITS ELIGIBILITY
Workers in the Library Per Diem Unit who have worked a minimum of 2,000 hours as a Per Diem worker shall be entitled to vacation, holiday and sick leave benefits. Effective August 9, 2009, employeeworkers who have reached 2,000 hours will also be required to be in paid status for thirty (30) hours per pay period to continue to be eligible for continued paid leave accruals.

On August 9, 2009, any worker who is no longer eligible to receive vacation, holiday and sick leave benefits based on the above will no longer accrue future leave benefits. Workers may continue to use accrued balances until they are depleted.

In the event the worker terminates City employment, remaining vacation and holiday accruals shall be paid to the employeeworker or to the employeeworker’s estate.

EmployeeWorkers may use accrued paid sick leave for personal illness or injury but it is not payable upon termination of employment.

14.0 VACATION

14.1 Vacation Policy
Vacation time is granted by the City to allow workers relaxation and rest from their duties.

It shall be the policy of the City not to allow the excess accumulation of vacation leave.

Time off shall be taken at the discretion of the Department Head, with due regard for the desires of the Per Diem worker and the workload of the department.

14.2 Vacation Allowance
Workers shall be granted vacation leave after rendering a minimum of two thousand (2,000) hours as a Per Diem worker. After a minimum of two thousand (2,000) Per Diem hours, a worker shall be granted vacation leave at the beginning of each biweekly pay period, the rate being .0384 hours of vacation for each hour of non-overtime work. Credit shall not be received for time off without pay. Effective August 9, 2009, employeeworkers who have reached 2,000 hours will also be required to be in paid status for thirty (30) hours per pay period to continue to be eligible for vacation accruals.

14.3 Vacation Accumulation
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Vacation shall not accrue to more than two (2X) times a worker's annual allowance as of the first of any pay period.

A worker may only use accrued vacation leave. No vacation leave may be granted in advance of its accrual.

14.4 Vacation Scheduling
The time at which a worker shall be granted vacation is at the discretion of the Department Head. Scheduling and workload needs, as determined by the department, shall govern where more than one (1) worker requests the same vacation period. In the event of a tie, the worker with the greatest number of hours of employment shall prevail.

14.5 Personal Business
A worker may request up to seven and one-half hours (7.5) of accrued vacation/holiday leave per calendar year as “Personal Business,” and the nature need not be disclosed. The worker’s request will be granted at the discretion of the Department Head with due regard to the desires of the worker and the workload of the department.

14.6 Vacation Allowance for Terminating Workers
Workers with two thousand (2,000) Per Diem hours or more of service who separate from the City shall be paid the straight-time hourly equivalent in a lump sum for all accrued vacation leave.

Workers 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 on the payday following receipt of the worker's final paycheck.

14.7 Vacation Sell-Back
A worker may elect to sell back to the City up to forty (40) hours in a calendar year of accumulated vacation at the worker's base rate of pay. Payments are made in whole hour increments.

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

15.0 HOLIDAYS

15.1 Holiday Eligibility
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Workers who have worked a minimum of two thousand (2,000) hours as a per diem worker shall be eligible for paid holiday leave. Effective August 9, 2009, employees workers who have reached 2,000 hours will also be required to be in paid status for thirty (30) hours per pay period to continue to be eligible for holiday accruals.

15.2 Holiday Accrual
Workers with a minimum of two thousand (2,000) Per Diem hours shall receive thirteen and one-half (13 ½) holidays per year by the granting of holiday credit at the beginning of each biweekly pay period. Holiday credit shall begin accruing as of the first of the pay period following two thousand (2,000) Per Diem hours of service.

After a minimum of two thousand (2,000) Per Diem hours, a worker shall accrue holiday leave at the beginning of each biweekly pay period, the rate being .0519 hours of holiday leave for each hour of non-overtime work.

Holiday leave shall not accrue during periods when a worker is on leave without pay.

15.3 Holiday Accumulation
The maximum holiday accumulation shall be forty (40) hours as of any pay period.

Holiday credit shall not be granted once the maximum accumulation has occurred.

16.0 SICK LEAVE

16.1 Purpose
Sick leave is a privilege which the worker can exercise in the event of bona fide illness or disability.

16.2 Sick Leave Accrual
After thirty (30) days of work, per diem workers shall accrue sick leave at the rate of .03333 hours of sick leave for each hour of work. Credit is not received for time off without pay.

After their 90th calendar day of employment, such workers shall be permitted to use up to twenty-four (24) hours of sick leave per fiscal year if employed prior to July 1, 2015, otherwise, 24 hours of sick leave per year of employment, in a minimum increment of at least one (1) hour. The maximum sick leave accrual permitted as of any pay period shall be forty-eight (48) hours. Sick leave credit shall not be made once the maximum accumulation has occurred.

Per diem workers who have worked a minimum of two thousand (2,000) hours as a per diem worker shall accrue sick leave at the rate of .04625 hours of sick leave for each hour of work. Credit is not received for time off without pay. The maximum sick leave accrual permitted as of any pay period shall be ninety-six (96) hours. Sick leave credit shall not be made once the maximum accumulation has occurred.

16.3 Protected Sick Leave
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Protected sick leave may be taken and if taken, shall be charged to sick leave or, with the concurrence of the Department Head, to vacation, holiday, or Compensatory Time Off (CTO) leave for the following reasons:
 The diagnosis, care or treatment of an existing health condition of, or preventative care for an employeeworker.
 The diagnosis, care or treatment of an existing health condition of, or preventative care for an employeeworker’s family member, as defined in California Labor Code section 245.5(c).
 An employeeworker who is a victim of domestic violence, sexual assault, or stalking.

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, at the discretion of the department head, 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.

16.4 Sick Leave Scheduling: Health Maintenance Appointments In recognition of the worker’s reduced work schedules, it is anticipated that health maintenance appointments can and shall be made during non-working hours. When health maintenance appointments cannot be scheduled to minimize interruption to public service and department staffing, reasonable time off may be granted by the Department Head at their discretion.

As an option to using sick leave, a worker may be permitted to use vacation leave, accrued holiday or compensatory time leave.

16.5 Doctor's Certification
A Department Head is responsible for determining that only bona fide personal or family sick leave is taken, consistent with standards established by the Director of Human Resources. A doctor's certification shall be required in all cases where the period of absence exceeds five (5) working days. The submission of the doctor's certification may be required in other individual cases, regardless of the length of absence, where, in the opinion of the department head, evidence exists that sick leave has been misused and a prior warning has been given to the worker regarding the abuse of sick leave.

17.0 HEALTH AND WELFARE

17.1 Health Benefit and Cafeteria Plan
The HealthWorx Health Insurance Plan is a health benefit for Per Diem Library workers who are not PERS retired annuitants and meet certain eligibility criteria, as outlined below.

Coverage is for the Per Diem Library worker only, and does not cover spouses or other dependents. Per Diem Library workers who have other health coverage are not eligible.

Per Diem Library workers who are eligible for and enroll in HealthWorx and who subsequently lose HealthWorx coverage for any reason will be offered COBRA.

17.1.1 Initial Enrollment
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EmployeeWorkers who are not currently eligible for the HealthWorx Health Benefits Plan and are regularly scheduled to work fifteen (15) hours per week shall become eligible for HealthWorx Plan coverage after being so scheduled for fifty-two (52) weeks. Coverage begins the month following receipt of completed paperwork from the employeeworker.

They are eligible until:
 their library per diem employment ends (benefits terminate at the end of the following month) or
 they go into on-call status (benefits terminate at the end of the following month).

17.1.2 Ongoing Eligibility
EmployeeWorkers who are currently eligible for the HealthWorx Health Benefits Plan and are regularly scheduled to work fifteen (15) or more hours per week are eligible until:
 their lLibrary pPer Ddiem employment ends (benefits terminate at the end of the following month) or
 they go into on-call status (benefits terminate at the end of the following month).

17.1.3 Voluntary Withdrawal from HealthWorx
If the Library Per Diem worker chooses to drop coverage and has had a qualifying change in family status, s/he can enroll in Flexible Spending Plan option (pursuant to 17.2.5) if otherwise eligible. Coverage will begin the first of the following month after eligibility is established. The Library Per Diem worker can revert to the HealthWorx option if otherwise eligible, and coverage will begin the first of the following calendar year.

17.1.4 Cost
Effective January 1, 2020, the premium is $417.95/month. Starting September 1, 2018, the City shall contribute $250.00 per month toward the premium, and the enrollee pays the remaining portion of the premium. Starting May 1, 2020, the City shall contribute $350.00 per month toward the premium, and the enrollee pays the remaining portion of the premium. Starting July 1, 2023, the City shall contribute $390.00 per month toward the premium, and the enrollee pays the remaining portion of the premium. If an employeeworker’s paycheck is not sufficient to cover their share of the premium in a pay period, the amount of arrears will be collected in the next paycheck. If the premium increases to $500.00/month or more during the term of the MOU, the City shall send a meet and confer notice to the Union.

17.1.5 Termination
In the event the San Mateo Community Health Authority terminates HealthWorx Plan coverage, the parties will attempt to identify an acceptable alternative Health Benefits Plan.

17.1.6 Waiver of Health Insurance – Flexible Spending Plan Any Library Per Diem worker who waives medical coverage but continues to meet the ongoing eligibility requirements for medical coverage will be entitled to participate in the City's flexible benefits/cafeteria plan. Effective January 1, 2009, the City will contribute fifty dollars ($50) per month for a total yearly benefit of six hundred dollars ($600) per year for the use of reimbursable medical costs. Effective January 1, 2014, the City will Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 721 of 791
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contribute nineteen dollars and twenty-three cents ($19.23) per pay period for a total yearly benefit of five hundred dollars ($500.00) per year for the use of reimbursable medical costs.

The City will contribute up to oOne Ddollar and twenty-five cents ($1.25) per month per worker toward the administration of this program.

17.2 State Disability Insurance
Workers in the Library Per Diem Unit are covered by State Disability Insurance.

17.3 Rehabilitation
In the event a worker becomes permanently disabled as the result of a work-related injury, the Human Resources Department, the Union and the worker will meet to discuss the worker’s rights and entitlements as well as the options available for rehabilitation and retraining.

17.4 Safety Committee
The City is responsible for providing a safe and healthful place of employment and shall comply with all applicable federal and state laws. The Library has established a safety committee and the SEIU Local 521 Library Per Diem Unit shall be entitled to a seat on that safety committee.

18.0 EMPLOYMENT LEAVE

18.1 Bereavement Leave
In the event of a death in the immediate family, workers may take accrued sick leave of up to three (3) days, or up to five (5) at the discretion of the employeeworker’s Department Head, in the event of a death of an immediate member of their family. Bereavement Leave shall be tracked separately from Family Sick Leave.

In this context only, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employeeworker at the time of their 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.

18.2 Jury Leave
Any Library Per Diem worker who has worked two thousand (2,000) or more Per Diem hours will be entitled to leave if called to serve on a jury. Such workers shall be allowed time away from work with pay while serving on a jury. In the event a worker is called for jury service and is released early by the Court, the worker shall return to work and fulfill any remaining portion of the scheduled work shift.

18.3 Family Care Leave for Eligible Employees
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 twelve (12) weeks in accordance with the law. An eligible Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 722 of 791
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employeeworker is one that has worked twelve hundred and fifty hours in the twelve months preceding application for such leave.

In general, Family Medical Leave is available to workers for: the birth, adoption or placement a foster child; care for an immediate family member of the worker if such immediate family member has a serious health condition; or the worker’s own serious health condition that makes the worker unable to perform the functions of their position.

The City will adhere to applicable Federal and State laws regarding Family and Medical Leave. For specific conditions governing Family Medical Leave please refer to the City Policy.

19.0 EMPLOYMENT ADMINISTRATION

19.1 Seniority Roster
The Library shall maintain a seniority roster indicating hire date seniority for each worker represented by the Union. Said seniority roster shall be available to the Union upon request.

19.2 Personnel Files

19.2.1 Maintenance of Records
Records of all personnel disciplinary actions shall be kept in the central personnel file.

Workers shall be entitled to sign and date all action forms in their personnel files. No adverse material will be placed into a file without the worker’s knowledge. Workers are entitled to review their personnel file upon written request or to authorize, in writing, review by their Union representatives. A worker or the Union shall be allowed, upon reasonable request, copies of materials in a worker’s personnel file. Twenty-four (24) months after placement in the personnel file, records of disciplinary actions and/or letters of reprimand may be removed from a personnel file upon request of the worker and approval of the City or in the normal process of file review.

19.2.2 Release of Information
Unless required by court process, the City will only release information to creditors or other persons outside of City government only upon proper identification of the inquirer and acceptable reasons for the inquiry. Information then given is limited to verification of employment, length of employment, and verification of salary information if the person inquiring first states the correct salary to the City. Release of more specific information may be authorized by the worker. This section shall not apply to a duly served and executed subpoena.

19.2.3 Access and Contents.

A worker (or their representative, on the presentation of written authorization from the worker) shall have access to the worker's personnel file on request for a reasonable amount of time at a reasonable time and place. Release of more specific information may only be authorized by the worker in writing, signed by the employeeworker. The worker may be Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 723 of 791
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required to acknowledge the receipt of any document entered into their personnel file without prejudice to subsequent arguments concerning the contents of such documents.

19.3 Performance Evaluations
Performance evaluations will be given to workers who are regularly scheduled to work thirty (30) hours or more per pay period. The evaluations will be given annually as scheduled by management. Performance evaluations are not subject to appeal. In the absence of an annual performance evaluation, the employeeworker’s performance is presumed to be satisfactory unless overcome by contrary evidence.

19.4 Flex Staffing
Workers hired into classifications of Per Diem Librarian I/II whose positions are budgeted at the II level will be in flexibly-staffed positions. Advancement to the II level requires that the worker gain the experience and knowledge and fulfill any special requirements for the II level. The worker could reasonably expect to progress to the II level based on the judgment of the supervisor and with the concurrence of the Department Head.

19.5 Employment Development
Upon request of an existing employeeworker applying for a promotional merit position who was not appointed, a meeting will be scheduled with the appropriate manager to discuss their qualifications for the position.

19.6 Continuous Service Defined
Continuous service shall mean service in any Per Diem classification since original hire with the City.

For those workers who have exceeded two thousand (2,000) hours, a break of two (2) or more consecutive years in employment shall constitute an interruption in service and would require that Per Diem hours be accrued as if the worker were an initial hire.

For those workers that have less than two thousand (2,000) hours, a non-City initiated break in service of more than six (6) consecutive pay periods shall constitute an interruption in service and would require that Per Diem hours be accrued as if the worker were an initial hire. Those workers who are off for more than six (6) pay periods for reasons totally beyond their control may appeal for an extension of additional pay periods to the City's Human Resources Director. The decision of the Human Resources Director shall be final.

19.7 Credit for Previous Employment
As provided by the Personnel Rules, which may be changed at that Board’s discretion, in the case of all open competitive examinations, persons who become eligible for certification from eligible lists by attaining the passing mark established for the Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 724 of 791
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examination, shall be allowed an additional credit of five (5) points, which shall be added to the score attained in such examination, and they shall be placed on eligible lists and be eligible for appointment in the order and on the basis of the percentage attained by them in examinations after such credit of five (5) points shall have been added, when such applicants:
 Are currently employed as a full- or part-time employeeworker by the City or have been so employed by the City within the year, prior to the closing date for receipt of applications, and
 A major part of the work performed for the City is or has been directly related to that performed by the classification being applied for, and
 The applicant has a minimum equivalent of one-year full time service with the City (1600 hours for hourly paid employeeworkers), and
 If training is required, the applicant secures a satisfactory or better performance rating from their supervisor

20.0 GRIEVANCE PROCEDURES

20.1 Purpose
A. This grievance procedure shall be used to process and resolve grievances arising under this Memorandum of Understanding except to the extent that the City Charter vests jurisdiction elsewhere.

B. The purposes of this procedure are:
(1) To resolve grievances informally at the lowest possible level; (2) To provide an orderly procedure for reviewing and resolving grievances promptly.

20.2 Grievance Definitions
A. Grievance
A grievance is a good faith complaint of one (1) or a group of employeeworkers or a dispute between the City and the Union involving the interpretation, application, or enforcement of the express terms of this Memorandum of Understanding.

B. Supervisor
As used in this procedure, the term "supervisor" means the individual who assigns, reviews, and directs the work of an employeeworker.

C. Party
As used in this procedure, the term "party" means an employeeworker, the Union, the City or their authorized representatives.

D. Working Day
A working day or work day is defined as a day on which City Hall is open for business.

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The employeeworker retains all rights conferred by Sections 3500 et. seq., of the Government Code or Personnel Rules and Regulations of the City unless waived by such employeeworker.

20.3 Informal Discussion
Not later than fifteen (15) working days after the date of the event giving rise to the grievance or the date the employeeworker should reasonably have learned of the event giving rise to the grievance, whichever is later, the employeeworker must discuss the grievance with their immediate management supervisor. The supervisor shall respond, either orally or in writing, to the employeeworker not later than ten (10) working days thereafter.

20.4 Formal Grievance - Step One
If after discussion with the immediate management supervisor, the grievant does not feel the grievance has been properly adjusted, the grievance may be reduced to writing, on the prescribed form. The form must be presented to the Department Head (or designee) and the Director of Human Resources within fifteen (15) working days. The grievance statement shall include the following:

A. A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Memorandum of Understanding.

B. The remedy or correction requested of the City.

C. The grievance form shall be signed by the grieving employeeworker or Union representative, the date and time of presentation affixed thereto, and signed as received by the Department Head or designee.

D. The Department Head or their designee shall give their answer to the grievance in writing within fifteen (15) working days from the time the worker receives the grievance in writing. This first step answer shall include the following:
(1) A complete statement of the City's position and the facts upon which it is based.
(2) The remedy or correction which has been offered, if any.

20.5 Formal Grievance - Step Two
If the grievance is not resolved at Step One, the aggrieved employeeworker or Union may appeal to the City Manager or their designee. Appeals to the City Manager shall be made in writing and directed to the Human Resources Director within ten (10) working days of receipt of the Department Head’s response. The Human Resources Director shall convene a meeting with the City Manager or designee and the employeeworker and/or Union within ten (10) working days of receipt of the appeal.

The City Manager or designee shall render their findings and decision (if any) to the parties within ten (10) working days of its meeting.

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20.6 Arbitration - Step Three.

If the grievant is not satisfied with the decision rendered pursuant to Step Two, the Union may appeal the grievance to arbitration. The request for arbitration must be given in writing to the Human Resources Director by the Union within ten (10) working days from the date of the Second Step answer.

A. An arbitrator may be selected by mutual agreement between the Union representative and the City's representative.

B. Should the representatives fail to mutually agree on an arbitrator they shall make a joint request to the State of California Conciliation and Mediation Service for a list of seven (7) qualified arbitrators residing within the State of California. The parties shall each strike three (3) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.
(1) It is understood that the arbitrator will only interpret this Memorandum and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding on the City, the Union and the worker.
(2) All fees of the arbitrator and the court reporter, if any, will be borne equally by the Union and the City.
(3) The parties may agree to waive submission of briefs and the use of a court reporter.

For purposes of this Article, the time limitations applicable to the employeeworker shall be the same time limitations regulating the Union and the information attributable to the individual employeeworker shall be attributable to the Union. If the grievance is not timely filed, it shall be deemed waived. If an appeal is not timely taken, the grievance shall be deemed to be settled in accordance with the City’s decision at the step prior to the untimely appeal.

20.8 General
A. Either party to this Memorandum shall, upon receipt of a written grievance, have the right reject such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance.

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B. A Union representative shall have the authority to settle grievances for the Union or employeeworkers at the respective steps of the grievances procedure.

C. Time limits set forth within this Article may be extended upon mutual agreement of the affected parties where the agreement is made before the expiration of the timeline.

D. EmployeeWorkers may be represented by a Union representative at all levels of the grievance process. Copies of all written grievance documentation will be provided to the Union and the representing steward.

E. The parties may mutually agree to use the services of a mediator through the State Mediation and Conciliation Service at Step 1 or Step 2 of this procedure. In the event that Mediation does not result in a settlement of the Grievance, the aggrieved party may appeal the grievance to the next level of the Grievance Procedure. The appeal to the next step must be given in writing to the Human Resources Director by the Union within ten (10) working days from the date of the Mediation.

20.9 Exclusions
The following matters are specifically excluded from consideration under the grievance procedure:

A. Determination and application of the procedures, qualifications, and standards of employment;
B. Budget and capital expenditures;
C. Items subject to meet and confer;
D. Performance evaluations;
E. Letters of Reprimand (are limited to appeal to Second Step – City Manager or designee. The decision of the City Manager/designee is final.) and F. Items that are expressly designated in this MOU as not subject to grievance.

21.0 DISCIPLINARY PROCEDURE AND PERSONNEL BOARD PROCESS

21.1 Disciplinary Action Definition
The term "disciplinary action" shall include the following actions which may be taken by a Department Head (or designee, not below a Division Manager, where the department head’s absence is extensive and action is required).
 Suspension without pay up to thirty (30) calendar days;  In-grade salary reduction;
 Demotion; or
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 Dismissal.

A Reduction in hours or a change in schedule, scheduling for work load reasons, or a change in work assignment shall not be considered as discipline. No action to lay off a worker shall be considered as discipline. Letters of reprimand and performance evaluations shall not be considered as discipline. In this section, as throughout this contract, “working days” is defined as days on which City Hall is open for business.

21.2 Weingarten Rights
(Right to have Union Representation in an Investigatory Meeting) A worker shall be entitled to a representative of their choice, so long as that representative is available within a reasonable time, at an investigative interview or meeting that the worker reasonably believes may result in discipline.

21.3 Notice of Proposed Discipline
Whenever a disciplinary action is proposed to be taken against a worker, the worker shall be notified in writing of the proposed disciplinary action taken within at least five (5) working days in advance of the pre-disciplinary (“Skelly”) hearing.

Such written notification shall include:
 A statement of the proposed disciplinary action to be taken against the worker;  A statement of the facts upon which the proposed disciplinary action is based which shall set forth clearly and with such particularity the charges against the worker so that the worker can understand said charges;
 A statement must indicate the cause for the proposed disciplinary action pursuant to the Personnel Rules or other relevant City policies;
 A statement should describe any actions taken against the worker that relates to the current proposed disciplinary action; and
 A statement advising the worker that the written notice is to be placed in their official personnel file and that said worker has a right to Union representation.

21.4 Notice of Disciplinary Action
Whenever a disciplinary action is taken against a worker, the worker shall be notified in writing of the action taken.

Such written notification shall include:
 Statement of the disciplinary action taken against the worker;  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 worker so that the worker can understand said charges;
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 A statement must indicate the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies;
 A statement which generally describes any actions taken against the worker during the last five (5) years and which relates to the current disciplinary action;  A statement advising the worker that the written notice is to be placed in their official personnel file and that said worker has a right to appeal to the Personnel Board.

The written notice of disciplinary action shall be considered to be sufficient notice to the worker if the above information is contained. The written notice of disciplinary action must be presented to the employeeworker, either by personal service, email or sent via regular and certified mail (return receipt requested) to the last address that the worker has furnished to the appointing authority.

21.5 Appeals

21.5.1 Time for Appeal
Any worker against whom disciplinary action is taken shall have the right to appeal from such disciplinary action; provided, however, that the worker must deliver a written notice of appeal to the Human Resources Department within ten (10) working days of the date that the written notice of disciplinary action was served upon the worker. In the event the worker 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 worker shall have no further right to appeal.

21.5.2 Notice of Appeal-Contents
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:
 The name and address of the worker;
 The date of the disciplinary action and a statement to the effect that the worker appeals from the disciplinary action; and
 The notice of appeal shall be dated and signed by the worker or by their representative.

21.5.3 Setting Hearing Date
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 at the next available regular meeting of the Personnel Board at least fifteen (15) working days after receipt of the notice of appeal.

21.5.4 Findings and Conclusions
The Personnel Board shall render written findings and recommendations and final decisions concerning the appeal following the hearing and 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.

22.0 LAYOFF PROCESS FOR PER DIEM UNIT
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22.1 Layoff Defined
Only Per Diem employeeworkers that receive benefits are entitled to the rights in accordance with this section.
"Layoff" means the separation of employeeworkers from the work force due to lack of work or funds, or to the abolition of positions for the above reasons due to organizational changes.

Regularly scheduled Per Diem workers receiving pro-rated benefits whose benefits are reduced for two (2) consecutive pay periods due to City-initiated reduction in hours or whose work hours are reduced by the lesser of twenty percent (20%), or three (3) hours per week over the term of the contract, shall be deemed "laid off."

22.2 Layoff Seniority
Seniority will be calculated as hours in paid status in a given classification or a directly related higher classification represented by the Library Per Diem Unit.

22.3 Order of Layoff
The order of layoff of Per Diem employeeworkers shall be established by the Personnel Officer on the recommendation of the Department Head. These recommendations shall be based on seniority provided, however, the remaining employeeworkers have the necessary skills and abilities in the specific work function to which they would be assigned in order to perform the work remaining as determined by the City Librarian.

22.4 Bumping Rights Upon Layoff
A laid off worker may bump the least senior worker in the same classification in the Per Diem Unit. If there is no one less senior, then the worker may bump the least senior worker in a lower, directly related classification provided the worker meets the minimum qualifications for the lower class and can be trained in the lower position in a reasonable amount of time, as determined by the City.

In the case of layoff which involved workers bumping into positions occupied by the least senior workers, proposed scheduling to meet the library’s operational needs and the availability of remaining staff will be presented and discussed with affected workers prior to implementation. The Union will be notified in advance of the presentation and discussion.

A worker may choose to be laid off rather than exercise bumping rights.

22.5 Mutually Agreeable Transfers Upon Layoff
If mutually agreeable to the City and the worker, laid off or bumped employeeworkers can be placed in vacant positions in the Library Per Diem Unit.

22.6 Rate of Pay on Position Change Upon Layoff
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A worker's rate of compensation in the event of position change resulting from layoff shall be the salary closest to the base hourly rate received immediately prior to layoff.

22.7 Notification Upon Layoff
The City shall notify, in writing, the worker and the Union at least thirty (30) days prior to the effective date of layoff and shall indicate the reason or reasons for the layoff. Such notice shall contain the layoff procedure and re-employment rights of the worker. Notice shall be sent by certified mail.

22.8 Appeal Right Upon Layoff
A worker who receives notice of a specific action under the layoff procedure and believes the layoff procedure has not been correctly applied, may appeal to the City Librarian within seven (7) calendar days. The notice shall state the reason(s) for appeal. The decision of the City Librarian (or designee in event of absence or disability of City Librarian) shall be final and conclusive. This procedure shall provide an opportunity for a Per Diem worker to discuss a layoff or reduction in hours with the City Librarian, but these provisions shall not be construed to diminish the City's management rights to layoff or reduce Per Diem positions. The worker has the right to have a Union representative present at any or all of the above discussions.

22.9 Notice to Worker: Placement Assistance Upon Layoff When a regularly scheduled Per Diem position in the library is eliminated, the worker in that position shall:
 Be eligible to apply through the Human Resources Department for outplacement and job assistance counseling; and
 Receive assistance in locating available positions in other City departments, for which the worker may be eligible.

Such assistance is available to the worker for a period of up to forty-five (45) days following the termination of the positions.

23.0 RECALL PROCEDURE
Workers shall be entitled to recall rights to the position from which they were laid off for a period of two (2) consecutive years from the effective date of layoff or downgrade. The effective date of layoff or downgrade shall be the worker's last day of work in the classification from which the worker is downgraded.

When a vacancy occurs in a job classification, laid off or downgraded workers eligible to return to that job shall be recalled in the inverse order of their layoff or downgrade.

Provisional and probationary workers who did not have status as a benefited Per Diem shall have no recall rights.

When a vacancy exists and workers are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the worker's last paycheck unless a more current address has been furnished by the laid off/downgraded worker.

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Recall notices shall be sent via certified U.S. mail. The worker shall have fourteen (14) calendar days to reply to the City from the date of mailing of the recall notice. If the worker fails to reply within fourteen (14) calendar days from receipt, or if the Post Office returns the notice as undeliverable, all recall rights will be lost.

It is the responsibility of the worker who has been laid off to keep the City informed as to their address and telephone number. The City has no responsibility to attempt to trace a worker if notice is not deliverable by the Post Office.

24.0 MISCELLANEOUS PROVISIONS

24.1 Mileage Allowance
City workers who must use their private vehicles for official business shall be compensated at the IRS rate.

24.2 Library Service Reward
Following the first full pay period following Council adoption a one-time, lump sum payment, for each milestone shall be distributed to eligible unit members in the following manner:

A. Five hundred dollars ($500.00) for Unit Members employed for ten (10) to nineteen (19) years
B. Seven hundred fifty dollars ($750.00) for Unit Members employed for twenty (20) years or more.

The continuation of this provision beyond the term of the contract would need to be made by mutual agreement between the parties.

24.3 Joint Labor Management Committee
The Joint Labor Management Committee is a vehicle for Library management and SEIU represented staff to work out issues in an interest-based manner in between contract negotiations. The Committee meets at least four (4) times per year, and may be scheduled more frequently with mutual agreement. SEIU members select one (1) Pper dDiem and one (1) mMerit employeeworker to be released from regular duties to attend when the meetings correspond with the employeeworkers’ regularly scheduled shift. In addition, a Union representative may attend, and management may select participants to represent the City and Library. Action minutes are reviewed and approved by the Committee before they are posted for Library staff.

24.4 Deferred Compensation
The City shall contribute 3.75% of base wages to per diem employeeworkers’ 457 PartTime/Seasonal deferred compensation accounts. EmployeeWorkers shall contribute 3.75% of base wages to their 457 Part-Time/Seasonal deferred compensation accounts.

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EmployeeWorkers are eligible to make voluntary contributions above the mandatory employee contribution of 3.75% to their 457 Part-Time/Seasonal deferred compensation accounts.

25.0 NO STRIKE
The Unit, its members and representatives, agree that during the term of this Agreement and for any period during which the parties are meeting and conferring they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage or work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties growing out of any dispute relating to the terms of this Agreement. Neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of workers not covered by the Memorandum of Understanding, during the term of this Agreement. This is not meant to restrict the worker’s right to communicate with elected officials.

Observance of a legal primary picket line of a labor organization sanctioned by the Central Labor Council or the San Mateo Building and Construction Trades Council shall not be considered a violation of this Article.

26.0 NO LOCKOUT
The City agrees that during the term of this Agreement and for any period during which the parties are meeting and conferring, they will not engage in any lockout during the term of this Agreement.

27.0 CONFORMITY WITH THE LAW
The Union and the City intend and desire this MOU to conform to all applicable state and federal laws during the entire period it is in effect. In the event that the law changes during the period of this MOU and there are provisions of the MOU which no longer conform to the new law, the City will implement the new law on its effective date with respect to the non-conforming provisions only. The City will meet and confer with the Union over the implementation of the new law, if possible, prior to implementation.

28.0 SEPARABILITY OF PROVISIONS
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provision of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

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29.0 TERMINATION OF AGREEMENT
This agreement shall terminate as of 11:59 p.m. June 21, 2026.

Notwithstanding the provisions of this section, the City Council may increase the benefits for this Library Unit or may increase the wages of specific classifications in the Library Per Diem Unit.

HOUSEKEEPING CLEANING – TENTATIVE AGREEMENT
For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
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Tentative Agreement - City Proposal #4 1 of 2

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #4

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 18.1 Bereavement Leave
LANGUAGE:

18.1 Bereavement Leave
Leave of absence up to five (5) days without pay becauseIn the event of a death in the immediate family of an worker shall be granted by the Department Head, workers may take accrued sick leave of up to three (3) days, or up to five (5) at the discretion of the employeeworker’s Department Head, in the event of a death of an immediate member of their family. Bereavement Leave shall be tracked separately from Family Sick Leave. Workers may use their eligible leave balances (e.g., sick leave and vacation) to remain on paid status. Bereavement Leave may be taken intermittently and shall be completed within three (3) months of the date of death of the immediate family member.

For purpose of this subsection 14.6. (Bereavement Leave), "immediate family" means mother, stepmother, father, stepfather, husband, wife, domestic partner, child of domestic partner, son, stepson, daughter, stepdaughter, grandparent, grandchild, brother, stepbrother, sister, stepsister, foster parent, foster child, mother-in-law and father-in-law, son-in-law, daughter-in-law, brotherin-law or sisters-in-law, spouse’s grandparents, or any other person sharing the relationship of in loco parentis.

In this context only, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employeeworker at the time of their 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.

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For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #5

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 16.0 (New Section) Family Sick Leave LANGUAGE:

16.1.1 Family Sick Leave
Workers are eligible to use, in each calendar year, up to six (6) days of accumulated protected sick leave to attend to immediate family members who are ill or injured, including emergency or routine medical/dental appointments and/or to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of themselves or their child(ren) when the worker is a victim of domestic violence, sexual assault or stalking. For the purpose of this subsection "immediate family" means:
 Parent (biological, adoptive, foster-parent, stepparent, grandparent or legal guardian of an worker or the worker’s spouse or domestic partner (upon submission of a written affidavit for domestic partnership or a notarized Declaration of Domestic Partnership filed with the California Secretary of State) or a person who stood in loco parentis when the worker was a minor child);
 Spouse or domestic partner (upon submission of a written affidavit for domestic partnership or a notarized Declaration of Domestic Partnership filed with the California Secretary of State);
 Child (biological, adopted, foster-child, stepchild, grandchild, legal ward or child to whom the worker stands in loco parentis);
 Sibling; and
 An “immediate family” member also includes a “designated person”. The worker shall identify their “designated person” at the time the worker requests the leave. Workers are limited to one (1) “designated person” per 12-month period.

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For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date

Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #6

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 16.3 Protective Leave
LANGUAGE:

16.3 Protected Sick Leave
Protected sick leave shall be granted in accordance with federal and state laws, including but not limited to the Family and Medical Leave Act, California Family Rights Act, and Pregnancy Disability Leave.

The diagnosis, care or treatment of an existing health condition of, or preventative care for an employee.

The diagnosis, care or treatment of an existing health condition of, or preventative care for an employee’s family member, as defined in California Labor Code section 245.5(c).

An employee who is a victim of domestic violence, sexual assault, or stalking.

For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #7

TENTATIVE AGREEMENT
APRIL 9, 2026
MOU SECTION: New Section- Family-School Partnership Act Leave LANGUAGE:

18.4 FAMILY-SCHOOL PARTNERSHIP ACT LEAVE
California Government Code Section 230.8 entitles workers who are a parent, legal guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to a child in a licensed daycare facility or school (from birth through grade 12) up to forty (40) hours off per year, with a maximum of eight (8) hours per calendar month, to participate in school activities. Workers shall utilize vacation or compensatory time, for the purposes of the planned absence. The type of leave used by the worker shall be at the sole discretion of the worker. Workers who do not have any accrued vacation, compensatory time, or Executive/FLSA Exempt Management leave are permitted to utilize leave without pay for this purpose. Workers shall give reasonable notice to their supervisor of the school activity planned absence and upon return to work, provide to their supervisor documentation from the school or licensed childcare provider as proof that the worker engaged in child-related activities. A Department Head shall not deny a request for this leave except for reasons critical to the department operations.

For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
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MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #9

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: New Section: 18.2B – Victim and Family Support Leave LANGUAGE:

18.2B Victim and Family Support Leave
In accordance with Government Code §12945.8 and any amendments thereto, workers are entitled to an unpaid, job-protected leave of absence if they or their family members are a victim of a qualifying act of violence. The amount of approved leave is contingent on the qualifying circumstance. This leave runs concurrently with any applicable leave, including FMLA and CFRA, if the worker is eligible.

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 15.4 Monday Holidays (New Section) LANGUAGE:

15.4 Monday Holidays
For the holidays that fall on Monday, the Library shall be closed on the preceding Sunday.

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 5.5 General Membership (New Section) LANGUAGE:

5.5 General Membership
The Union may submit a request for paid or unpaid release time for employees to participate in Union business/events that provide mutual benefit to both the Union and the City, in compliance with applicable federal, state, and local laws, rules, regulations, and City policies. Employees are prohibited from engaging in political activities while on duty or when on City premises, as stated in the Political Activities Policy.

All release time requests must be submitted to the Human Resources Director and shall be subject to final approval by the City Manager.

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 10.1 – Compensation Increases During the Term of this Agreement LANGUAGE:

10.1.1 Compensation Increases During the Term of this Agreement The Unit will receive the following across the board increases during the term of this agreement:
 3% effective the first full pay period following Council adoption of this agreement
 2% effective January 2, 2028
 2% effective January 14, 2029

10.1.2 Equity Adjustments
Effective the first full pay period following Council adoption of this agreement, the following classifications will receive an equity adjustment as outlined below:
 Librarian II (Benchmark) – 7.23%
 Librarian I
 Literacy Program Coordinator
 Literacy Specialist
 Library Assistant II (Benchmark) – 7.06%
 Senior Library Assistant
 Library Assistant I
 Library Aid I
 Library Aid II

10.1.3 “Me Too” Clause
If during the term of this Memorandum of Understanding, SEIU Maintenance receives a higher COLA for Year 2 (Fiscal Year 27/28) or Year 3 (Fiscal Year 28/29), SEIU Library shall receive the same COLA percentage.

The equity adjustments for the Library Unit and the Maintenance Unit shall be calculated consistently. If the SEIU Maintenance Unit agreement calculates Market Median Total Compensation equity adjustments in a different manner, the City shall calculate the Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 745 of 791
Tentative Agreement 2 of 2
equity adjustments provided under this Agreement using the same formula ultimately applied to the SEIU Maintenance Unit.

Any adjustments as a result of this clause shall not result in a pay reduction for any library employee(s).

Effective July 9, 2023 employees will receive a four percent (4.0%) across the board increase. The effective date of this increase is in recognition of the pause in the negotiation process due to the City’s change of City Manager. The union acknowledges this is an extraordinary circumstance and not a departure from the City’s long-standing practice of adopting MOUs with salary effective dates the pay period following adoption or later.

To aid in recruitment and retention, the Librarian I/II series shall receive an additional two percent (2.0%) increase effective July 9, 2023.

Effective June 23, 2024, employees will receive a three percent (3.0%) across the board increase.

Effective June 22, 2025, employees will receive a three percent (3.0%) across the board increase.

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 29.0 – Agreement Term
LANGUAGE:

30.0 TERMINATION OF AGREEMENT
This agreement shall terminate as of 11:59 p.m. June 216, 20296.

Notwithstanding the provisions of this section, the City Council may increase the benefits for this Library Unit or may increase the wages of specific classifications in the Library Per Diem Unit.

For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
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Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Merit Unit
Recognition
SEIU Library Merit and Per Diem units shall be considered one unit.

For SEIU Library Merit Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
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Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Per Diem Unit
Bilingual Differential
The City is committed to updating the citywide Bilingual Policy. All bargaining units will be invited to meet and confer within ten (10) months following Council adoption of the MOU.

For SEIU Library Per Diem Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
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Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Merit Unit
Merger Reopener
If SEIU bargaining units merge after following the unit modification process pursuant to Personnel Rules and Regulations, the City would agree to have a re-opener of the MOU contract for SEIU Library.

For SEIU Library Merit Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
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Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Per Diem Unit
Monday Holidays
The City is committed to agendizing holiday per diem scheduling in the next Joint Labor Management Committee meeting following Council adoption of the MOU.

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: 14 Section Name: CONSENT CALENDAR Account Number: 10-4661 File ID: 26-12710 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Public Works Department
MEETING DATE: October 19, 2026
SUBJECT:

Train Horn Noise Quiet Zone Projects – Amendment
RECOMMENDATION:

Approve an Amendment to the Service Agreement with the Peninsula Corridor Joint Powers Board for the Train Horn Noise Quiet Zone projects at Villa Terrace and East Bellevue Avenue in the amount of $16,800, for a new Agreement total of $76,240; and authorize the Director of Public Works to execute the Amendment in substantially the form presented and approve amendments within the contingency amount.

BACKGROUND:

To meet City Council safety priorities, the City is proposing to permanently close Villa Terrace and E. Bellevue Avenue at the railroad crossing (Project). Project improvements in City right-of-way include, the construction of two cul-de-sacs, fencing on both sides of the tracks, new roadway pavement, signage and striping. The closure will prohibit pedestrians and bicycle and vehicular traffic from crossing the tracks, reducing the risk of rail-related collisions.

The project improvements occur adjacent to and within Peninsula Corridor Joint Powers Board (PCJPB) Right-of-Way and require PCJPB staff to review any proposed improvements affecting their rail operations.

On May 20, 2024, at the Regular City Council Meeting, City Council approved a Service Agreement with the PCJPB for the Train Horn Noise Quiet Zone railroad safety improvement projects at Villa Terrace and East Bellevue Avenue in the amount of $59,440 and established a contingency reserve in the amount of $9,000.

Originally, the project plans called for a closure at Villa Terrace and median modifications along E. Bellevue. Since then, additional funding opportunities have become available, and public feedback has supported a change in the project approach. As a result, the plans have shifted to closures at both Villa Terrace and E. Bellevue Avenue. Given this change in scope during project development, PCJPB has exhausted their initial funding of $59,440 and will require additional funding beyond the existing contingency to continue review of the project design plans.

The proposed Amendment (Attachment 1) is required for PCJPB review of the design of the 100 percent drawings for the proposed Project in accordance with PCJPB design and safety standards. PCJPB estimated an Amendment amount of $16,800. Any unused funds will be returned to the City, and PCJPB will not charge more than the new Agreement amount unless an Amendment to the proposed Service Agreement is approved. A future amendment for construction-related activities will also be required. The cost is currently unknown and will be negotiated with PCJPB as the project moves toward construction, which is anticipated to begin in Spring 2027.

For now, staff recommends approving the Amendment with PCJPB for $16,800 and reserving the existing $9,000 contingency for future coordination efforts.
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BUDGET IMPACT:

Sufficient funds are available in the Train Quiet Zone Project (462205) to fund this agreement.

ENVIRONMENTAL DETERMINATION:

Approval of a Service Agreement between the City and the PCJPB is not a project subject to CEQA, because it can be seen with certainty that there is no possibility that the review of the Improvements design intended to minimize train horn noise may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

STRATEGIC PLAN ALIGNMENT
This staff report supports the Infrastructure initiative.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Amendment to the PCJPB Service Agreement

STAFF CONTACT
Charlie Evans, Assistant Engineer
[email protected]
(650) 522-7320
Jimmy Vo, Engineering Manager
[email protected]
(650) 522-7319
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AMENDED SERVICE AGREEMENT
(Amendment #1)
02 Sept 2026
Service Agreement Number 100859 is hereby amended as follows:

Increase the estimated cost to SFPUC by $16,800 for labor and/or materials supplied by the JPB, its contractors and consultants in connection with the fully executed Service Agreement pertaining to City of San Mateo Villa Terrace and E Bellevue Ave Grade Closure.

Amendment 1 will include review of 100 percent drawings for IFB.

Original Estimate $59,440
Amendment # 1 $16,800

Total Revised Estimate $76,240

Please submit a check in the amount of $16,800 for the additional budget. Please mail check payment to:

Peninsula Corridor Joint Powers Board
Attn: Lou Tolentino – 4/F Engineering Department
166 N. Rollins Road, Millbrae, CA 94030
Except as modified by this amendment, the terms and conditions in the Service Agreement shall remain in full force and effect.

SIGNATURE OF AUTHORIZED APPLICANT FOR: ___City of San Mateo_______ Company/Agency ___________________________ ____________________ ________________ Name Title Date
____________________________________________
Signature
RETURN AMENDED SERVICE AGREEMENT TO:

Peninsula Corridor Joint Powers Board
Attention: Lou Tolentino, 4/F Engineering Department
166 N. Rollins Road, Millbrae, CA 94030
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: NEW BUSINESS File ID: 26-12718 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: October 19, 2026
SUBJECT:

Options for Single-Family Permit Streamlining and Zoning Code Updates — Policy Direction RECOMMENDATION:

Receive a presentation on the City’s single-family regulations and building permit requirements and provide direction to staff on how the single-family regulations, permit processes, and public notice requirements should be updated and/or maintained.

BACKGROUND:

As part of the City Council’s priority initiatives for Fiscal Year (FY) 2026-27, Council directed staff to review the permitting procedures for single-family projects, including modifications, remodels, and new construction; and to identify opportunities to expedite the process, reduce costs for homeowners, and create efficiencies by simplifying and streamlining the permitting process. This agenda report provides an overview of the City’s current single-family Zoning Code requirements and permit processes, streamlining and process improvements that have already occurred, proposed Zoning Code updates, and options for how to further streamline and simplify permitting requirements.

General Plan
The City Council adopted the Strive San Mateo General Plan 2040 in March 2024. Measure T, which approved the General Plan’s Land Use Element, was approved by the voters in November 2024, with the full General Plan going into effect in December 2024. Concurrently with the General Plan Update, City Council adopted the 2023-2031 Housing Element in May 2024, which the State Department of Housing and Community Development (HCD) certified in July 2024. One of the primary mechanisms to implement the General Plan is through the City’s Zoning Code, which requires significant amendments to align it with the updated goals, policies and actions in General Plan 2040.

Several policies and actions in the General Plan and Housing Element call for streamlining housing applications and development review processes, while maintaining appropriate public outreach single-family design review. The following General Plan and Housing Element policies and actions are applicable to this discussion:
• Policy LU 9.1 - Inclusive Outreach. Notify the community when planning and development decisions are being considered and inform community members about how they can engage in the process. Use outreach and engagement methods that encourage broad representation and are culturally sensitive, particularly for equity priority communities.
• Policy LU 9.3 - Development Projects. Communicate clearly how and at what stages members of the public can provide input on development projects under review and ensure public awareness of all the factors the City must consider in approving or denying a project.
• Policy LU 13.1 - Development Review Process. Review development proposals and building permit applications in an efficient and timely manner while maintaining quality standards in accordance with City codes, policies, and 755 of 791

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regulations, and in compliance with State requirements. • Action C 7.14 - Off-Street Parking Incentives. Explore a new policy or code amendment that would provide incentives to projects in exchange for providing additional off-street parking in neighborhoods that have on-street parking capacity issues, such as areas in the North Central Neighborhood. • Policy H 1.6 - Streamline Housing Application Review. Reduce the development review timeline for housing projects by streamlining the development review process and simplifying design review and submittal requirements.
• Policy CD 7.1 - Low-Density Residential Development. Require new homes in the Low- and Very Low Density residential designations, including single-family dwellings, duplexes, triplexes, four-plexes, and accessory dwelling units (ADUs) to be consistent with objective design standards as outlined in the City’s Residential Design Standards.
• Policy CD 7.2 - Single-Family Design. Encourage single-family additions and new dwellings that address the preservation and enhancement of neighborhood visual and architectural character through context-sensitive building scale, materials, architectural style and details, and privacy.

Comprehensive Zoning Code Update
In July 2025, the City initiated the Comprehensive Zoning Code Update (CZCU) effort to implement General Plan 2040 and the 2023–2031 Housing Element. This effort aims to modernize the City’s Zoning Code by removing outdated regulations, simplifying and streamlining permit processes, and improving clarity and usability for both staff and the public. The CZCU will assess all elements of the Zoning Code, with the goal to have an updated Zoning Code ready for City Council consideration by mid/late-2027. In January 2026, PlaceWorks, the City’s consultant for the CZCU, prepared a white paper on the single-family review process and development standards (Attachment 1). The white paper includes a review of the existing single-family residential regulations in the Zoning Code, directions and policies in the General Plan, recent state bills, best practice options and considerations, and questions to help facilitate public input on this topic.

On June 9, 2026, the Planning Commission held a study session that included a review of the residential zoning standards and the Planning Application process and provided recommendations on potential changes to further simplify and streamline the process. Based on the Planning Commission’s direction, staff research, and community outreach, this agenda report includes the preliminary recommendations for updates to single-family residential development standards, the Planning Application process, and noticing requirements. The recommendations are intended to further reduce processing times and costs, improve efficiency, and simplify requirements while maintaining appropriate design review, public engagement, and compliance with applicable City and State requirements.

Single-Family Application and Permit Activity
During this past Fiscal Year (FY 2025-26), the Building Division issued over 4,000 building permits, with over 500 virtual over-the-counter (VOTC) permits. This permit activity was supported with the completion of over 3,000 permit application plan check review cycles, over 4,500 in-person customers served at the City Hall Permit Center, and responses to over 5,000 phone and email inquiries. The inspection team completed over 22,000 onsite building inspections. Over 75 percent of this permit activity is related to work on single-family properties.

This current construction activity represents a high point when compared with the past 10 years. Between 2015-2021 the City saw a gradual increase in permit activity, with a more prominent increase between 2021-2026, leading to our current year volumes, which are at the highest levels over this time period. This increased activity is likely related, at least in part, to the age of homes within subdivisions that were originally bult in the 1960s and 1970s nearing the end of their useful life and requiring more significant remodels, additions or rebuilds.

The Building Division ’s operational target for permit processing is to complete first round reviews within 20 business days and subsequent reviews within 10 business days. For building inspections, the operational target is for applicants/contractors to be able to schedule inspections within 48 hours of the request being submitted. Over the past year, the team completed the application reviews within these targets 97 percent of the time, and inspections were scheduled within 48 hours 95 percent of the time.
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For the Planning Division, in FY 2025-26, a total of 89 Planning Applications (PAs) were processed, and 1,045 zoning reviews of building permit applications were completed. Of these PAs, 60 percent were for single-family projects, and 70 percent of the zoning reviews were for single-family permit applications.

DISCUSSION:

The discussion is organized into two parts. The first part summarizes improvements implemented over the past several years to the building permit and planning application review processes for single-family projects. The second part focuses on the recommended Zoning Code changes and building permit process updates to further streamline and simplify singlefamily requirements and review processes.

Building Permit Process Improvements
In May 2020, the Community Development Department (CDD) launched the Online Permit Center for managing and processing permits. Applicants can now submit building and planning applications, resubmit plans and revisions, and process payments securely 24 hours a day, seven days a week, significantly reducing the necessity for in-person service counter visits for all project types. The transition has proven highly successful, with approximately 90 percent of all current applications now received electronically with no paper plans submitted.

In 2021, CDD accelerated approvals for minor single-family projects by expanding its “express permit” program for projects such new air conditioner and heat pump installations, kitchen and bathroom remodels (no wall or floorplan alterations), electrical rewiring, and installation of electric vehicle (EV) chargers. As a result, the average processing time for qualifying applications has decreased from 15 business days to fewer than three. Additionally, CDD introduced an over-the-counter (OTC) process for mid-tier projects that fall between express and full review applications such as interior remodels with non-structural wall or floorplan alterations, non-structural retrofit foundation upgrades, all single-family solar PV installations, and minor non-structural framing repairs. These mid-tier projects receive up to a 45-minute building plan check and are subsequently issued the same day for in-person visits or completed within three business days for online submissions.

In November 2025, the processing of permits for removal of protected trees on private property transitioned from the Parks & Recreation Tree Division to CDD. Key improvements have included establishing a new permit type and eliminating the need for a separate tree removal permit when tree removal is associated with a development project. These changes have created a more consistent and accessible process while saving applicants time and money by allowing the development project and associated tree removal to be reviewed and approved under the same permit. This consolidated process also eliminated the need for a separate tree replacement deposit while maintaining requirements to ensure that replacement trees are properly planted upon project completion.

Currently, standard ministerial (non-discretionary) permit applications for projects such as major additions or structural interior renovations are typically processed from application submittal to permit issuance in less than three months. These projects typically require three review cycles, averaging a total of 40 days for City reviews and 45 days for applicant revisions/resubmittals. If a project requires a discretionary Planning review (Planning Application or PA) before applying for a building permit, the overall timeline roughly doubles due to additional review, approval, and public noticing requirements. It is important to note that overall processing times also depend on the applicant’s resources and project schedule. Factors such as design team availability, construction timelines, funding, and contractor availability can affect an applicant’s overall timeline, and often an approved permit can be ready for months before it is issued to the applicant or contractor.

Building Permit Opportunities for Further Streamlining
In the near term, CDD is planning to upgrade its permit track software capabilities to allow for some single-family express permits, such as water heater replacements, reroofs, electrical service upgrades, in-kind kitchen and bathroom remodels, to be processed and issued to licensed contractors online 24/7 with no staff interaction.

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of staff involved in reviewing a project. While this streamlines the applicant’s experience, its impact on staff workload and staffing needs must be considered. Additionally, CDD plans to expand over-the-counter reviews, both in-person and virtually, by coordinating with the Fire Department (SMCFD) and Public Works to align staff availability. This would allow staff to provide joint over-the-counter reviews at City Hall during designated hours or by appointment. Furthermore, collaboration with other City departments to eliminate redundant reviews while maintaining strict code compliance is currently under development.

Finally, transitioning to a 100-percent digital submission process via the Online Permit Center Portal will centralize files, shift in-person counter hours to focusing on back-end review time, and ensure a more equitable process for all applicants so submittals are processed in the order they are received as opposed to those who apply in-person receiving more immediate assistance.

Planning Application Process Improvements
Over the past two years, the Planning Division has worked on streamlining the review process for single-family Planning Applications (PAs) by eliminating redundant reviews and reducing overall turnaround times. The Fire Department and Building Division no longer automatically review PAs for new single-family dwellings, SB 9, ADU Design Reviews (ADUDRs), single-family additions, and other single-family related activities, such as fence height exceptions. In place of these reviews, planners apply standard Conditions of Approval to applicable projects. These conditions will inform applicants of applicable Fire and Building requirements, such as fire sprinklers for homes exceeding specified square-footage thresholds, Wildland-Urban Interface (WUI) requirements, and general Building Code requirements. Applicants are required to address these requirements as part of the subsequent building permit process, with full technical, life-safety, and structural reviews by the Fire and Building Divisions to be completed during the plan check process. PAs may still be routed to Fire or Building when unusual circumstances arise or when additional review is needed. These process updates have allowed Planning to complete reviews quicker and deem a PA complete with fewer rounds of review while still ensuring appropriate code compliance and applicant awareness of key requirements.

Zoning Code Recommendations to Further Streamlining
Since the initiation of the Comprehensive Zoning Code Update (CZCU), staff has conducted community outreach through a virtual workshop, two online surveys, stakeholder interviews, and study sessions with the City Council and Planning Commission. On June 9, 2026, the Planning Commission held a study session on residential zoning standards and the Planning Application process. While that discussion included both single-family and lower-density multifamily development, this discussion focuses on the Zoning Code standards applicable to the R1 (Single-Family) District and the Planning Application process for single-family projects. Staff is presenting recommendations and seeking direction on proposed updates to the R1 development standards and changes to streamline the Planning Application process. The recommendations are informed by Planning Commission direction, community input, and review of practices in comparable jurisdictions. Attachment 2 provides an overview of the current regulations and processes, Planning Commission recommendations, and staff recommendations for the proposed updates to the development standards and Planning Application process.

Updates to the development standards for the R1 Districts are primarily intended to provide targeted refinements rather than substantial changes to the existing regulations. The amendments would include minor code clean-up to improve consistency and alignment among the development standards. In addition to these targeted refinements, staff recommends two key changes to the setback and parking standards for R1 Districts.

1. Setbacks Recommendations
A review of setback requirements in comparable jurisdictions shows that some of San Mateo’s requirements, including garage setbacks are more restrictive than those of other jurisdictions. In addition, the current code does not provide a process for setback exceptions for small or constrained lots. The Planning Commission recognized the importance of maintaining appropriate setbacks but generally supported reducing setback requirements and providing greater flexibility to ensure that San Mateo’s standards are not more restrictive than those of comparable jurisdictions. Consistent with the Planning Commission’s direction, staff recommends allowing setback exceptions for qualifying constrained sites, such as small or irregularly shaped lots. The City Council may also 758 of 791

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consider reducing the current setback requirements summarized in Attachment 3 or providing greater flexibility in applying these requirements. Based on staff’s review of the City’s current setback requirements, staff recommends the following exceptions for small or constrained single-family lots:
a. The interior side setback may be reduced to ten (10) percent of the lot width if the lot width is less than fifty (50) feet, provided that in no case shall the side setback be less than four (4) feet. b. The rear setback may be reduced to twenty (20) percent of the lot depth if the depth of the lot is less than one hundred (100) feet, provided that in no case shall the rear setback be less than ten (10) feet.

2. Parking Recommendations
Various options for incentivizing on-site parking were presented to the Planning Commission, including allowing tandem parking, exempting parking areas from Floor Area Ratio (FAR) calculations, and allowing parking within the front setback. The Planning Commission unanimously supported these options to provide greater flexibility and incentives for on-site parking. Consistent with the Planning Commission’s recommendation, the following updates to the parking regulations are proposed:
a. Allow tandem parking for single-family residential projects. b. Allow qualifying driveways within the required front or side setback to be used for uncovered parking spaces.
c. Exempt garages and carports up to 500 square feet from FAR calculations.

To allow parking within the front setback while preserving space for landscaping and limiting impervious surfaces, staff will also evaluate establishing appropriate maximum paving limits within the front and street-side setbacks.

Overall, the proposed changes would provide greater flexibility in meeting parking requirements, encourage additional on-site parking, and maintain appropriate standards for landscaping and site design.

Planning Application Opportunities for Further Streamlining Currently, new single-family residences and many single-family alterations, including second-story additions, require a PA for various types of review, including Single-Family Dwelling Design Review (SFDDR), Site Plan and Architectural Review (SPAR), and/or Special Use Permit (SUP), before they can submit for a building permit. A summary of the current approval process and notification requirements is included as Attachment 4, and the City’s Public Outreach and Notification Policy is included as Attachment 5.

While many single-family project types require a PA, ADUs, including second-story ADUs, are processed with a ministerial building permit and do not require a separate PA or public notification. The table below compares the total number of single-family PAs and ADU applications submitted last year. Given the similar nature of some of these projects, there are opportunities to reduce the number of projects that require a PA and allow additional single-family projects to be processed with a building permit only. This approach would eliminate duplicate reviews at the Planning Application and Building Permit stages while maintaining reviews for compliance with applicable code requirements.

Fiscal Year Total ADU Permit Applications Single-Family Planning Applications 23/24 81 51
24/25 105 44
25/26 117 50
As part of the Planning Commission study session, the Commission recommended reducing the noticing radius while maintaining appropriate notice to adjacent and directly impacted properties. The Commission also recommended streamlining the review process by exempting additional types of single-family projects from PA review.

Per the Planning Commission’s recommendation, staff evaluated the City’s existing approval processes and noticing requirements for single-family projects to identify opportunities to streamline review while maintaining appropriate public notification and oversight for adjacent properties and affected neighbors. Attachment 6 provides a more detailed overview of the recommended updates.
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1. Consolidate Discretionary Review for Single-Family Projects To streamline the review of single-family residential projects, staff recommends establishing the Single-Family Dwelling Design Review (SFDDR) process as the primary discretionary review process for all single-family project types. Under this approach, projects that may currently be subject to other discretionary processes, such as Site Plan and Architectural Review (SPAR) or Special Use Permit (SUP), would instead all be reviewed through the SFDDR process when discretionary review is required. The SFDDR process is tailored to the scale and characteristics of single-family residential development and provides an appropriate level of review for both new homes and modifications to existing homes. Consolidating discretionary review under SFDDR would create a more consistent and streamlined review framework while maintaining review for appropriate design and neighborhood compatibility standards.

2. Exempt Certain Single-Family Projects from Planning Application Review Staff recommends exempting all one-story single-family residential projects and minor site improvements, with the exception of new one-story single-family houses, from requiring a PA review. Projects exempt from Planning Application review would be reviewed through the building permit process and would still be required to comply with all applicable zoning and development standards. The City Council may also consider exempting additional projects currently subject to SFDDR from PA review, such as increasing the size limit of second story additions, that are allowed to be processed administratively through Building Permit review process. Currently, all second story additions over 200 square feet require a PA.

3. Noticing Requirement Recommendations
Under the current process, single-story PAs are generally required to send mailed notices to property owners and occupants within 500 feet following application submittal and when a notice of the decision is ready. Projects involving a new or expanded second story also require a neighborhood meeting with property owners and occupants within 500 feet prior to application submittal, in addition to the required mailed decision notice. By comparison, all new ADUs, including second-story ADUs, are processed with a ministerial building permit and do not require any neighborhood notification. This is an opportunity to align the ADU level requirements with smaller second-story additions and other one-story modifications and reduce noticing requirements, which add time and cost to the process. Thus, staff recommends reducing the noticing requirements for single-family projects as follows:
a. Advance Property Posting Notice: Eliminate the neighborhood meeting requirement for all single-family projects. In place of the neighborhood meeting, new one- and two-story residences and larger second-story additions would be required to post a property notice within 30 days of PA submittal to provide advance notice to neighboring properties. The updated notice sign would provide key project information to affected properties and the public. Staff has updated the sign template to clearly present this information and make it easier for applicants, property owners, and members of the public to understand a proposed project. The updated sign template is provided in Attachment 7.
b. Decision Notice: Reduce the 500-foot notification area for all single-family projects. All projects requiring an SFDDR would be subject to a notice of decision mailed to the 12 adjacent properties prior to issuance of the decision. This would maintain awareness of a PA decision to owners and tenants most adjacent to a project while reducing the extra cost of mailed notices to a much larger notification area.

CITY COUNCIL QUESTIONS:

Based on the background information and discussion provided above, staff is seeking direction on the following questions:

1. Single-Family Building Permit Process Improvements
a. Does City Council support the following recommendations? i. Set a goal to have all single-family Building Permit Application submittals be performed online and move towards 100% digitization.
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ii. Increase the types of instant online permitting (no staff interaction) for licensed contractors on singlefamily express permit projects to include reroofs, water heater replacements, minor electrical, plumbing, mechanical upgrades, heat pump installations.
iii. Evaluate the single-family building permit plan review process to allow for in-person/virtual over-thecounter (OTC) reviews between SMC Fire, Public Works, Building and Planning on eligible projects. iv. Evaluate Permit Center counter hours to decrease staff time at the public counter, reallocating time towards back-end processing of online submittals to reduce the total number of days to complete reviews and issue permits.
b. Are there any other changes to the single-family permitting process that Council would like staff to evaluate for further streamlining and simplification?

2. Single-Family Zoning Code Amendments
a. Does City Council support the recommended R1 District amendments to allow for setback exceptions for constrained lots and to modify parking standards to provide greater flexibility and incentivize off-street parking?
b. Are there any other single-family development standards, including building setbacks, floor area ratio (FAR), parking, daylight plane, or height that Council would like staff to evaluate and potentially update?

3. Single-Family Planning Application Process Improvements a. Does City Council support the following recommendations? i. Consolidate and simplify the single-family Planning Application under the Single-Family Dwelling Design Review (SFDDR) process.
ii. Exempt all one-story single-family projects, except for new one-story single-family houses, from requiring a Planning Application.
iii. Increase the size of a second story addition, currently 200 square feet, that requires a Planning Application.
iv. Reduce the notification requirements to eliminate the neighborhood meeting requirement, reduce the notification area from 500 feet to the 12 adjacent properties, and include an enhanced and more visible property posting notice.
b. Are there any other changes to the Planning Application process that Council would like staff to evaluate for further streamlining?
NEXT STEPS:

Following this study session, staff will incorporate City Council direction into the draft Zoning Code Update. Public participation will be ongoing throughout the CZCU process, and the public is invited to contact staff directly at any point outside of the scheduled workshops and activities with comments and/or questions.

Publication of the public review draft Zoning Code Update is anticipated in the Spring 2027. Once published, there will be robust outreach and engagement, including workshops and additional study sessions with the Planning Commission and City Council, to ensure community awareness and collect public input and comments. Once staff has evaluated public and decision-maker input and incorporated changes and updates accordingly, public hearings before the Planning Commission and City Council will be scheduled. Final adoption hearings for the Zoning Code Update are anticipated to take place in the Summer/Fall of 2027.

For building permit process improvements, Council direction will be assessed and staff will begin work to implement over the remainer of this Fiscal Year, with updates provided as progress is made.

BUDGET IMPACT:

CITY OF SAN MATEO
related to this topic will need to be assessed once City Council direction has been provided.

ENVIRONMENTAL DETERMINATION:

This action is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines, because the activity, which consists of discussion of updates to the City’s Zoning Code but no formal actions or amendments, will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3), because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, since it has no potential for resulting in a direct or indirect physical change to the environment.

NOTICE PROVIDED:

All meeting noticing requirements were met. Meeting notifications were sent to the City’s neighborhood associations and homeowner associations (HOAs). In addition, notifications were included in the Planning and citywide eNewsletters and pushed out through NextDoor. All public comments received are included as Attachment 8. Public comments received after publication of this report will be forwarded to the City Council and posted to this item on the City’s Agendas & Minutes Public Meeting Portal as “Post Packet Public Comments.” STRATEGIC PLAN ALIGNMENT:

This staff report supports the Land Use and Housing initiatives.

ATTACHMENTS
Att 1 – White Paper – Single-Family Residential Regulations Att 2 – Current and Recommended Development Standards and Planning Application Att 3 – Current R1 Development Standards
Att 4 – Current Planning Application Approval Process and Noticing Requirement Att 5 – Early Community Engagement Process Policy
Att 6 – Recommended Planning Application and Noticing Process Att 7 – Property Posting Template
Att 8 – Public Comments

STAFF CONTACTS
Mary Eusebio, Deputy Building Official
[email protected]
(650) 522-7194
Simin Zakavand, Associate Planner
[email protected]
(650) 522-7219
Sung H. Kwon, Deputy Director
[email protected]
(650) 522-7203
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MEMORANDUM
DATE January 22, 2026
TO City of San Mateo
FROM PlaceWorks
SUBJECT Key Issues White Paper – Single-Family Residential Regulations Introduction
Single-family, low-density residential districts are evolving to meet the changing needs of Bay Area households. Today, more residents are working from home, families experiencing housing affordability constraints are more likely to include multiple generations living under one roof, and more older adults are choosing to age in place. To address these changes, California has introduced an increasing number of new housing legislation that aims to support the evolving needs of residents and address statewide housing shortages. Some of these laws aim to increase housing opportunities in single-family residential districts, including measures like Senate Bill (SB) 9, SB 1123, and more flexible accessory dwelling units (ADUs) regulation.

The regulations for the Single-Family Residential (R1) District are found in Chapter 27.18 in the City’s Zoning Code in Title 27 of the San Mateo Municipal Code (SMMC). This chapter, which has not been comprehensively updated since 1992, aims to create, preserve, and enhance single-family areas with larger yard areas. To comply with state law (SB 9), the City adopted Chapter 27.21 in 2022, creating a Two-Unit Development Residential Overlay District for R1 zones. This overlay provides specific regulations for two-unit developments and urban lot splits. The upcoming Comprehensive Zoning Code Update (CZCU) will update the R1 District (Chapter 27.18) to reflect recent best practices and state law, while retaining the existing SB 9 overlay district, which is currently consistent with State law.

This white paper includes a review of the existing single-family residential (SFR) regulations in the Zoning Code, directions and policies in the General Plan, recent state bills, best practice options and considerations, and questions to help facilitate public input on this topic.

City and Community Goals
The City has several goals for updating the current SFR regulations, including complying with recent state housing laws, converting subjective design guidelines into transparent and objective standards in the code and accompanying Objective Design Standards, simplifying development standards, and streamlining the approval process. Building a single-family home should be a clear and relatively easy 763 of 791
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process for someone unfamiliar with development who may only ever build or remodel a home once in their life. The City is seeking feedback on ways to simplify this process for property owners and provide flexibility to meet the needs of the City’s diverse housing types and households, while ensuring new homes fit in with their neighbors. As part of this effort, the City is assessing parking regulations to determine the right requirements for single-family properties, studying similar cities to understand how they have made it easier to build and adapt homes, and learning from the public about what they want when it comes to site design, public noticing, special cases and exceptions, and how to treat special uses and neighborhood-serving commercial uses.

Overview of Key Issue Topic
As a result of recent state laws and regulations, jurisdictions must comply with statewide housing legislation which focuses on reducing constraints for housing development across different zoning districts and streamlining review of housing. Jurisdictions are required to comply with state housing law, which is implemented through local Zoning Codes. Single-family residential (SFR) regulations that are clear and well-designed are important for building context-sensitive neighborhoods and providing diverse housing types.

Adopting Zoning Code regulations based on the current environment and future community goals can lead to the development of new housing opportunities while being designed to blend in with the visual and social fabric of existing neighborhoods. Incorporating development standards, such as building height, setbacks, and lot sizes, that are sensitive to the existing community can help ensure new housing is compatible with the surrounding environment. At the same time, adopting development standards that reflect recent state laws provides property owners opportunities to develop a greater variety of housing types on their own lots to increase the housing supply for family, caregivers, and individuals seeking rental opportunities.

In addition to the development standards in SFR neighborhoods, adopting clear and appropriate administration and procedural requirements for the Planning Application review process helps streamline the approval process for owners seeking additions, remodels and/or new construction.

When the process for developing single-family homes is clear and easy-to-use, the cost of projects typically decreases and projects are approved faster, benefiting the property owners, residents, and the City alike as this can support increased homeowner investment in their neighborhoods. Well-written SFR regulations ensure compliance with state law requirements, promote community growth, and help provide a framework to streamline development while aligning with neighborhood priorities.

Brief Summary of Current Title 27 (Zoning) Regulations
In the current Zoning Code, Chapter 27.18 (R1 Districts – One Family Dwellings) establishes regulations for SFR development within the R1 District. Chapter 27.18 outlines the purpose of this District, permitted and special uses, and development standard regulations. The Chapter provides standards for 764 of 791
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SFR development including, but not limited to, building height and daylight plane, parcel size standards, floor area ratio, and setbacks and exceptions to setbacks (i.e., encroachments).

This Chapter also contains the following development regulations unique to the City’s Zoning Code for SFR projects, organized under the following sections:
• Section 27.18.035 (Substantial Removal of Existing Residence): This Section states that a Special Use Permit is required for the substantial removal of an existing residence without a change in use. This Section also outlines related requirements and exemptions. • Section 27.18.115 (San Mateo Park Planning Area): This Section provides setback regulations for the San Mateo Park Planning Area, which requires new residential products to be built at a deeper setback than allowed in other areas of San Mateo.

The City also adopted the “Single-Family Dwelling Design Guidelines” in 2001, which were most recently revised in 2006. While these guidelines are required to apply to SFR projects through the Single-Family Dwelling Design Review (SFDDR) process per Section 27.08.032(b)(1), they exist as a standalone document that has not been codified in the SMMC. Because the guidelines are not written as objective design standards, often as considerations or suggestions rather than firm requirements, they can be difficult to interpret and enforce objectively, which may lead to inconsistencies in how requirements are applied to different projects.

General Plan’s Direction and Policies
This section provides the General Plan 2040 policies and action that will be considered and taken into account when drafting the updated SFR regulations in the SMMC.

Policy LU 3.1 - Housing Diversity
Policy LU 3.1, Housing Diversity, directs the City to “promote safe, attractive, and walkable residential neighborhoods with diverse types and sizes of homes for individuals, families, and households of all income levels.”
To address this policy, the CZCU will establish clear and objective development and design standards for housing projects for a variety of types and sizes, to meet the needs of households of all income levels in San Mateo. Additionally, the City will review and revise the permitted housing types to encourage innovative and flexible housing opportunities.

Policy CD 7.1 - Low-Density Residential Development
Policy CD 7.1, Low Density Residential Development, directs the City to require new homes in the Lowand Very Low-Density residential zoning district (i.e., single-family dwellings, duplexes, triplexes, fourplexes, and ADUs) to be consistent with the objective design standards outlined in the City’s Residential Design Standards.
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To address this policy, since these design guidelines are overall subjective in nature, the City will need to adopt new objective design standards for single-family development in San Mateo. However, the adoption of these new standards will occur after the completion of the CZCU. Until the new regulations are adopted, the City will maintain the current practice of referencing and applying the existing design guidelines document.

Policy CD 7.2 - Single-Family Design
Policy CD 7.2, Single Family Design, directs the City to “encourage single-family additions and new dwellings that address the preservation and enhancement of neighborhood visual and architectural character through context-sensitive building scale, materials, architectural style and details, and privacy.”
To address this policy, the CZCU will include clear and balanced development and design standards for SFR projects that consider the various neighborhood contexts of San Mateo. While these standards will consider the City’s existing architectural design, they will also recognize that high-quality, contextsensitive design does not always equate to maintaining the existing architectural style of a neighborhood. In some San Mateo neighborhoods, such as those with primarily post-war ranch homes, a variety of architectural styles may result in a better neighborhood design. In others, deviation from more traditional architectural styles could be accomplished by using modern materials and incorporating similar proportions and roof forms. Together, the CZCU will support both cohesive and diverse architectural design styles to ensure flexibility for innovative design styles when determining the development and design regulations for SFR districts. As discussed above in Policy CD 7.1, while there will be some design standards in the Zoning Code, single-family design will primarily be addressed through the development of objective design standards, which is planned to happen after the adoption of the CZCU.

State Law Compliance
SB 9 (Chapter 162, Statutes of 2021) requires jurisdictions to ministerially approve either up to two primary dwelling units on a parcel in a single-family zone (i.e., two-unit housing developments), the subdivision of a single parcel into two parcels (i.e., urban lot splits), or both. In 2022, the City adopted a new Two-Unit Development Residential Overlay District (Chapter 27.21). Since this Chapter has been recently updated, the CZCU process will not be updating the City’s SB 9 regulations.

SB 1123 (Chapter 294, Statutes of 2024) expands upon SB 684 (2023) to further streamline the development of small-scale infill housing projects in SFR zones. SB 684 streamlined approvals for infill developments of up to 10 homes on vacant lots in multi-family residential districts. SB 1123 extends the provisions of SB 684 to allow construction of up to 10 homes on qualifying single-family parcels near commercial zones, schools, transit, and other amenities. The CZCU will assess how other jurisdictions have incorporated regulations to address SB 1123 and determine how to best apply these new regulations in the CZCU.
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Additionally, the City’s current parking requirements for SFR uses need to be further reviewed and updated in accordance with recent state legislation. This includes Assembly Bill (AB) 2097 (2022), which generally restricts jurisdictions from imposing minimum parking requirements for residential, commercial, and certain other development types within one-half mile of a major transit stop.

Best Practice Options and Considerations
This section outlines best practices and key considerations drawn from City staff input, state guidance, and comparable jurisdictions. The Project Team reviewed best practices from comparable jurisdictions to ensure the updated regulations reflect current planning standards successfully applied in comparable communities. These references help identify approaches that are clear, consistent, and adaptable to San Mateo’s goals and current built environment. The comparable jurisdictions referenced in this white paper include the cities of Milpitas, Sacramento, and Stockton. • Milpitas was chosen because it was just comprehensively updated in 2025, the city has a similar built environment to San Mateo and is located nearby, and the code includes clear writing and consistent organization.
• Sacramento was chosen because it was seen as a good example by city staff and contains a detailed list of administrative and permit processes and procedures. • Stockton was chosen because it was just comprehensively updated in 2025, the use regulations and development standards are clear and well-written, and there are detailed and easy-to-use site development and specific to use regulations.

The following considerations will help inform how to update the City’s SFR regulations:
• As discussed in the “Brief Summary of Current Title 27 (Zoning) Regulations” above, Section

27.18.035 (Substantial Removal of Existing Residence) states that a Special Use Permit is required for the substantial removal of a residence that does not change the use of the structure. However, if the City decides to retain the Single Family Dwelling Design Review (SFDDR) process, substantial removals and remodel should be identified as a rebuild or a new single-family residence to establish a clear expectation for which project is subject to the process. The CZCU will also evaluate whether to remove planning application level review for substantial removal of walls or roofs if no second-story addition is proposed because singlestory detached residences on stand-alone lots typically generate little, if any, controversy, particularly when designed in compliance with the current design guidelines and forthcoming objective design standards. Additionally, if an existing residence does not currently comply with all development standards, the CZCU process will clarify if substantial removal of a residence requires the proposed building to fully conform to all current development standards (i.e., if the existing building is non-conforming to any development standards) or if a substantial removal shall require an applicant to rebuild the subject development. • The current Zoning Code outlines identical requirements of limits on front paving setback areas in Sections 27.18.070(d) (Front Yard) and 27.18.080(b)(4) (Side Yards). The CZCU process will determine how to combine these regulations under one section to be written more 767 of 791
January 22, 2026 | Page 6
clearly and reflect how comparable jurisdictions organize similar regulations. Additionally, these sections do not provide specific landscaping and vegetation requirements within heavily paved areas. The CZCU will establish requirements that set a maximum amount of impervious surface allowed in front yards that applies equally to walkways and driveways. It will also consider setting a minimum amount of impervious surface needed to access garages and building entrances, particularly on narrow lots where access is challenging. This approach would give residents flexibility in how they allocate their allowed impervious surface allotment. Furthermore, it would specifically support senior residents by providing additional paved area to address walking and accessibility concerns, such as connecting ramps into existing homes. In addition, the CZCU will evaluate options for accommodating additional offstreet parking on paved areas in situations where AB 2097 limits parking requirements and when garages are converted to ADUs or JADUs.
• Section 27.18.080 (Side Yards) and Section 27.18.070(b) (Garage Setback) require a minimum of a 20-foot setback for garages on street side yards and front yards. The CZCU process will evaluate if this requirement should be retained. Some other jurisdictions, such as the City of Milpitas and the City of Sacramento, do not provide additional requirements for setbacks or garages on street side yards and front yards, while the City of Stockton does also require a minimum of 20-foot setback.
• The City will consider if projects proposing extensions of walls within nonconforming side yards should still follow the Site Plan and Architectural Review (SPAR) process as required in Section 27.18.080(c)(4). Although comparable jurisdictions also require a site plan and architectural review process for the extensions or expansions of nonconforming features in SFR zoning districts, the SMMC also includes the SFDDR process. The SFDDR should be evaluated to determine if this process is a better option for SFR projects with proposed extensions of nonconforming walls within side yards.
• The CZCU will determine how to update the parking requirements in Section 27.18.110 (OffStreet Parking) related to single-family development. For example, allowing tandem parking for SFR developments, making covered parking requirements more flexible, assessing the number of parking stalls required for larger homes, and looking at ways to incentivize offstreet parking in areas where parking requirements cannot be enforced. • The CZCU will review all single-family setback requirements (front, side and rear) to assess how San Mateo’s requirements compare with other similar jurisdictions and if any changes or updates are warranted.
• To support General Plan Policy CD 7.2, Single-Family Design, the City will be looking at a future effort to convert the single-family design guidelines into objective design standards (ODS). For the most part, the Zoning Code will not include architectural design standards; however, the Code does have the ability to support design objectives, and to that extent, the CZCU will be assessing opportunities for appropriate inclusion of requirements to support single-family design goals.
• The SMMC does not currently have provisions that address requirements for double frontage or through lots. Comparable jurisdictions such as the City of Milpitas and the City of Stockton 768 of 791
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include a description of front lot lines for through lots in the definitions section. The CZCU will adopt a similar approach to incorporate the definition for double frontage or through lots. • The SMMC currently provides very limited regulations that address irregularly shaped lots.

Chapter 27.21 (Two-Unit Development Residential Overlay District – R1 Districts), which provides the City’s regulations to comply with SB 9 requiring jurisdictions to allow two-unit developments and urban lot splits in low-density residential districts, includes a definition for flag or panhandle lots (Section 27.21.020(f)) and incorporates minimum width requirements for access strips or easements for flag lots and landlocked parcels created through urban lot splits. Except for these regulations, the SMMC does not include standards that address irregularly shaped lots for the purposes of ensuring consistent and compatible development patterns, preserving the existing building configurations, and avoiding access issues as a result of atypical lot shapes. Comparable jurisdictions such as the City of Milpitas and the City of Stockton allow the Director to determine lot depth, width, and setbacks for irregularly shaped lots in the definitions or Rules of Measurement sections. The CZCU will take a similar approach to incorporate regulations for irregularly shaped lots. • Small lots that do not meet current minimum lot requirements in the SMMC can pose challenges for development potential, nonconforming status, and consistency with existing neighborhood context. To address this issue, the CZCU will further research pathways to accommodate those parcels.
• The permitted and special uses in the R1 District contain outdated use names (e.g., sanitariums) and regulations that apply to specific types of uses, such as the regulations for cemeteries, mausoleums, and columbaria (Section 27.18.120). The CZCU will add categories of uses (e.g., residential, commercial, industrial) to organize permitted and special uses to be easier to apply, reflect current practices, comply with state law, and provide regulations for specific uses allowed in that may benefit from additional development and operational standards.
• The City has extensive noticing requirements which exceed state requirements and those of other comparable jurisdictions around the Bay Area. Redwood City follows state requirements (see the “State Law Compliance” section of the Public Noticing white paper for details on recent legislative changes) with the exception of additional requirements for the Downtown Specific Plan. Sunnyvale sends out notices to property owners with 300 feet. By comparison the City of San Mateo requires notice to property owners and tenants within a radius of up to 500 feet from the project site. There is a significant cost to the distribution of these notices, which limits residents’ ability to invest in their homes and neighborhoods. The CZCU will assess and recommend updates to the City’s notification requirements, in particular for single-family projects, to reduce cost burdens and better align with best practices while being mindful of community outreach expectations.
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Potential Questions for Public Input
• How should the City manage garage setbacks (the required distance between a garage and the property line) for front and exterior side yards in single-family residential areas? (Select all that apply.):
o Maintain the current setback requirements
o Decrease the required setbacks for garages
o Allow reductions for specific cases (e.g., narrow lots, alley access, design compatibility)
o Not sure/ No opinion
o Other (Please specify.):
• How should the fence height requirements for single-family properties be updated? (Select all that apply.)
o Maintain existing fence height limits
o Allow taller fences in side or rear yards
o Allow greater fence height along street frontages with design standards o Require setbacks or landscaping for taller fences
o Allow reductions for specific cases (e.g., narrow lots, alley access, design compatibility)
o Other (Please specify.):
• What types of single-family projects should the City continue to require public noticing for? (Select all that apply.):
o New one-story single-family residence
o Existing residence alteration with a Special Use Permit o Second story addition of 200 square feet floor area or greater to a single-family residence, if it is not a substantial removal of existing residence o New two-story single-family residence or existing residence alteration with a Special Use Permit
o Alteration, addition, or demolition of a single-family residence designated as historic resource, eligible for historic designation, or located in historic districts o All of the above
o None of the above
• When a single-family home project requires a public notice, how far from the property line should the City and applicants be required to notify neighbors?:
o Adjacent properties only
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o Properties within 100 feet
o Properties within 200 feet
o Properties within 300 feet
o Not sure/ No opinion
o Other (Please specify.):
• Which of the following design features or architectural elements best reflect the character of San Mateo’s single-family neighborhoods?:
o Varied rooflines and building heights
o Front porches or covered entryways
o Use of natural materials (e.g., wood, stone, stucco)
o Well-landscaped front yards
o Detached garages or driveways with landscaped setbacks o Large front or bay windows
o Other (Please specify.)
• Which of the following design standards should the City adopt, if any, to regulate the visibility of garage doors along the street frontage? (Select all that apply.):
o Require the garage door to be setback a minimum distance from the front of the house
o Limit the percent of the front facade that a garage door can occupy o Limit the width and height of the garage door
o Require the use of similar materials and architectural detail of the primary dwelling o Require the garage to be accessed from a side street or alley when possible o Other (Please specify.):
• Would you like to see neighborhood-oriented, small-scale commercial uses (such as cafés or small markets) allowed in single-family residential areas? o Yes, they would make neighborhoods more walkable and convenient o Maybe, but it depends on the type of commercial use and/or only if carefully designed and limited in size and hours
o No, single-family areas should remain strictly residential o Not sure / No opinion
• Should tandem parking (where one car parks directly behind another in a driveway or garage) be allowed in single-family residential developments?
o Yes, tandem parking provides flexibility and helps reduce driveway widths o Maybe, but only for certain lot sizes or situations
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o No, it’s inconvenient and can block access for residents of the property o Not sure / No opinion
• What types of exceptions to the required setbacks are acceptable? For instance, do you think a neighbor should be allowed to build a deck, balcony, trellis/arbor, or outdoor kitchen in a required side yard? Should a neighbor be able to install a greenhouse window or bay window projecting into the yard and by how much?
• What SFR requirements do you think are most important to maintain? Are there any requirements that you think should be changed or removed? 772 of 791
Attachment 2 - Current and Recommended Development Standards and Planning Application Development Standard Current Regulation Planning Commission Recommendations Staff Recommendations Side and rear yard setback
exceptions for constrained
sites
Current code does not have a mechanism for
setback exceptions
Allow side and rear yard setback exceptions
for constrained sites
The interior side setback may be reduced to ten (10)
percent of the lot width if the lot width is less than fifty (50) feet, provided that in no case shall the side setback be less than four (4) feet.

The rear setback may be reduced to twenty (20) percent
of the lot depth if the depth of the lot is less than one hundred (100) feet, provided that in no case shall the rear setback be less than ten (10) feet.

Tandem Parking Not allowed Allow tandem parking Allow tandem parking Parking within the front and
street side setback Not allowed Allow parking within the front and street side setback Allow qualifying driveways within the required front or side setback to be used for uncovered parking spaces
Floor Area Ratio (FAR) Garage area counts toward FAR Exempt garage area from FAR Exempt garages and carports, up to 500 square feet, from FAR
Current Application Process Planning Commission Recommendations Staff Recommendations Planning application for SingleFamily Projects

1. Site Plan and Architectural Review (SPAR)

2. Single-Family Dwelling Design Review (SFDDR)

3. Special Use Permit (SUP) (for substantial
demolition of a single-family dwelling)
Streamline applicaƟon types
Consolidate discretionary review under SFDDR for all
single-family projects requiring a Planning Application 1st-story addition

1. Administratively by staff if not subject to SUP

2. Planning application by Zoning Administrator if
subject to SUP (removing more than 50% of the
walls or roof) Administratively by staff, with no size restriction Extending a legal nonconforming wall within the
setbacks Planning application by Zoning Administrator Administratively by staff New 1-story single-family
residence Planning application by Zoning Administrator Planning application by Zoning Administrator Demo and rebuild of
existing single-family
residence Planning application by Zoning Administrator Planning application by Zoning Administrator 2nd story addition to an
existing 1-story single-family
residence Planning application by Zoning Administrator Planning application by Zoning Administrator 2nd-story addition to an
existing 2-story single-family
residence Planning application by Zoning Administrator Planning application by Zoning Administrator New 2-story single-family
residence Planning application by Zoning Administrator Planning application by Zoning Adminstrator Streamlining the review process by
exempting additional types of single-family
projects from Planning Application review
Development Standards
Planning Application Process
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Attachment 3 - Current R1 Development Standards
Development Standard R1-A R1-B R1-C San Mateo Park
Parcel less than or equal to
10,000 sq. ft.: 0.4
Parcel less than or equal to
6000 sq. ft.: 0.5
Parcel less than or equal to
6000 sq. ft.: 0.5
Parcel less than or equal to
10,000 sq. ft.: 0.4
Additional parcel area over
10,000 sq. ft.: +0.2
Additional parcel area over
6,000 sq. ft.: +0.2
Additional parcel area over
6,000 sq. ft.: +0.2
Additional parcel area over
10,000 sq. ft.: +0.2
Setback Standards
Front yard 25 feet 15 feet 15 feet 25 feet
Garage setback 25 feet 20 feet 20 feet 50 feet for garage doors facing street
Side Yard
Interior side yard 7 feet 5 feet 5 feet 7 feet
10 feet for interior lots of
Street side yard
Ground floor 15% of the lot width
(min: 7.5 feet, max: 25 feet)
15% of the lot width
(min: 7.5 feet, max: 15 feet)
15% of the lot width
(min: 7.5 feet, max: 15 feet)
15% of the lot width
(min: 10 feet, max: 25 feet)
Upper floors 10 feet 10 feet 10 feet 15% of lot width (min:10 feet, max: 25 feet)
Garage 20 feet 20 feet 20 feet 20 feet
Rear Yard
Ground floor 15 feet 15 feet 15 feet 15 feet
Upper floors 25 feet 25 feet 25 feet 25 feet
Building Height
Daylight Plane
Parking
Floor Area Ratio (FAR)
(Maximum 6,000 sq. ft.)
24 feet to the building plateline, and 32 feet to the top of the roof 12 feet at each side property line, and extends into the parcel at an angle of 45 degrees Under 3,000 sq. ft. of floor area: 2 garage spaces
3,000-3,749 sq. ft. of floor area: 2 garage spaces + 1 additional space may be uncovered 3,750 sq. ft. of floor area and above: requirements above + 1 additional space for each 750 sq. ft. of floor area (additional space may be uncovered)
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Attachment 4 - Current Planning Application Approval Process and Noticing Requirement Approval Body Project Type Noticing
Building Permit
Administratively
by Staff

1. Interior remodel

2. 1
st story addition not subject to a Special Use Permit (SUP)

3. 2nd story addition of less than 200 sq.ft. to an existing 2-story single-family residence
Adjacent neighbor
notice prior to
issuance of the
building permit (for
2 nd story addition
only)
Neighborhood
Meeting: no
Planning Application
Zoning
Administrator
(Tier I)

1. Detached accessory structures containing more than two plumbing fixtures (R1)

2. Other minor site improvements (e.g. circular driveway or very minor improvement projects that don’t qualify for Tiers II-III below)
Notice Radius - 500
feet
Neighborhood
Meeting: no
Zoning
Administrator
(Tier II)

1. New 1-story single-family residence

2. 1-story addition to existing single-family residence or existing 1-story residence alteration with a Special Use Permit (SUP)

3. 2nd story addition of over 200 sq.ft. to an existing 2-story single-family residence, if it is not a substantial removal of existing residence under SMMC Section 27.18.035

4. Fence exception and fences over seven (7) feet in height

5. Extending a legal non-conforming wall within the setbacks (R1)

6. Swimming pools, hot tubs, and spas located in required front or street yards (R1)
Adjacent neighbor
notice after planning
application
submission
Neighborhood
Meeting: no
Zoning
Administrator
(Tier III)

1. New 2-story single-family residence,

2. 2nd story addition to an existing 1-story single family residence, or existing 2-story residence alteration with a SUP

3. Alteration, addition, or demolition of a single-family residence designated as historic resource, eligible for historic designation, or located in historic districts

4. Variances for structures of single-family residences or duplex Notice Radius - 500
feet
Neighborhood
Meeting: yes
Historic
Resource
Commission

1. Alteration, addition, or demolition of a single-family residence designated as historic resource, eligible for historic designation, or located in historic districts
Notice Radius - 500
feet
Neighborhood
Meeting: yes
Planning
Commission
(Tier IV)

1. Special Use Permit for allowing uses as listed in SMMC Section

27.18.030 in R1 districts
Notice Radius – 1,000
feet
Neighborhood
Meeting: yes
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CITY OF SAN MATEO
RESOLUTION NO. 65 (2024)
REPEALING RESOLUTION NO. 69 (2020) AND ADOPTING AN EARLY COMMUNITY ENGAGEMENT PROCESS WHEREAS, the City of San Mateo considers community engagement an important component of the development review process and seeks to balance the benefits of early community outreach and engagement without imposing unnecessary cost and time burdens on an applicant; and WHEREAS, the City Council adopted Resolution No. 69 (2020) regarding the pre-application process for new development; and
WHEREAS, on May 20, 2024, at a duly noticed public meeting, the City Council adopted the Sixth Cycle Housing Element, which includes Policy H 1.6 (Streamline Housing Application Review), an implementation action to “Update the City Council resolutions that establish the pre-application and development review processes to eliminate the pre-application requirement for housing projects and eliminate the third-party design review requirement for housing projects that meet objective standards;” and WHEREAS, on May 28, 2024, at a duly noticed public meeting, the City of San Mateo Planning Commission received and considered written and oral public comments, and unanimously recommended that the City Council repeal Resolution No. 69 (2020) and adopt the proposed Early Community Engagement Process, with a change to the noticing for homeowner associations, with the recommendation incorporated into Exhibit A; and
WHEREAS, on July 15, 2024, at a duly noticed public meeting, the City Council considered the proposed modifications to the pre-application process for planning applications as recommended by the Planning Commission, at which time all interested parties were provided opportunities to provide input; and WHEREAS, the City Council finds that the proposed updates to the City’s development review process and associated community engagement are consistent with the San Mateo General Plan by implementing housing goals, programs, and strategies in the 2023-2031 Housing Element.

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

1. Amending the City’s pre-application process is an administrative activity and not a project in accordance with CEQA Guidelines section 15378(b)(2).

2. Resolution No. 69 (2020) is hereby repealed.

3. The Revised Early Community Engagement Process, attached in Exhibit A to this resolution, is adopted.

4. This resolution shall take effect immediately upon adoption.

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Resolution No. 65 (2024) Page 2 of 4
Update Preliminary Application Review and Design Review Requirements for New Development Projects - Repeal Resolution No. 69 (2020) and adopt an Early Community Engagement Process for Development Projects RESOLUTION NO. 65 (2024) adopted by the City Council of the City of San Mateo, California, at a regular meeting held on July 15, 2024, by the following vote of the City Council:

AYES: Council Members Diaz Nash, Newsom, Loraine, Hedges and Lee NOES: None
ABSENT: None
ATTEST:

Martin McTaggart, City Clerk Lisa Diaz Nash, Mayor
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Resolution No. 65 (2024) Page 3 of 4
Update Preliminary Application Review and Design Review Requirements for New Development Projects - Repeal Resolution No. 69 (2020) and adopt an Early Community Engagement Process for Development Projects

EXHIBIT A

EARLY COMMUNITY ENGAGEMENT PROCESS
The purpose of the Early Community Engagement Process is to provide opportunities for early public outreach and engagement on planning applications by an applicant to foster early community awareness, share project details and receive public input while facilitating a standardized and streamlined process. The Early Community Engagement Process may require noticing, an applicant-run neighborhood meeting, and an optional Planning Commission study session, depending on the type of project.

1. Noticing: The following notices shall be provided based on the type of project. Noticing for projects not defined below shall be subject to Zoning Administrator interpretation, based on community interest, project impacts, and similarities with other listed projects:
a. Adjacent Properties: Notice of project submission shall be provided to all owners and tenants of adjacent properties for the following projects:
i. New one-story single-family residence;
ii. Second story addition of 200 square feet of floor area or greater to a single-family residence; iii. Fence exception and fences over seven (7) feet in height; and iv. Minor projects as determined by the Zoning Administrator.

Adjacent property means any property that adjoins the subject property through a shared property line or corner; or is separated from the subject property at any point only by a public right-of-way, ingress-egress easement, or public or private easement. b. Radius of 500 feet: For planning applications not included in Section 1 (a) and (c), including modifications to previously approved projects, the following noticing procedures for the neighborhood meetings and the optional Planning Commission Study Sessions shall be completed a minimum of ten calendar days prior to the meetings:
i. Mailing notice shall be provided to all owners and tenants of property within 500 feet of the subject property; and
ii. Email notice shall be provided to the City maintained interested party email list. c. Radius of 1,000 feet: For the projects identified in this subsection, including modifications to previously approved projects, the following noticing procedures for the neighborhood meetings and the optional Planning Commission Study Sessions shall be completed a minimum of ten calendar days prior to the meetings:
i. Mailing notice shall be provided to all owners and tenants of property within 1,000 feet of the subject property; and
ii. Email notice shall be provided to the City maintained interested party email list.

The projects requiring above noticing include:
i. New residential projects that require Planning Commission or City Council discretionary review and approval; and
ii. New nonresidential projects or additions over 10,000 sq. ft. or subject to a negative declaration or Environmental Impact Report; and
iii. Projects involving zoning reclassification, planned development, or general plan amendments.

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Resolution No. 65 (2024) Page 4 of 4
Update Preliminary Application Review and Design Review Requirements for New Development Projects - Repeal Resolution No. 69 (2020) and adopt an Early Community Engagement Process for Development Projects

2. Neighborhood Meetings
a. Applicability. The neighborhood meeting process shall apply to planning applications identified in Sections 1(b) and (c). Minor modifications to previously approved projects and Cellular Telephone Antennae and Public Convenience and Necessity planning applications, including small cell applications, shall be exempt from the neighborhood meeting process but must adhere to the 500- foot noticing radius for application submission notice. b. Timing. Neighborhood meetings shall occur prior to the submittal of a planning application.

3. Planning Commission Study Session
a. Applicability. An applicant may request a Planning Commission Study Session for projects outlined in Section 1(c). However, should the applicant choose not to schedule the meeting, the Zoning Administrator retains the authority to determine if the project necessitates a Planning Commission Study Session based on the proposed development. Housing projects, as defined by the California Housing Accountability Act, and projects that do not require a public hearing are exempt from a Planning Commission Study Session at the discretion of the Zoning Administrator. b. Additional Noticing Requirements: The applicant must post placards on the project site at least ten (10) calendar days before the meeting.
c. Timing. The applicant may request the Planning Commission Study Session before or after the formal planning application submission. Conceptual-level plans are acceptable if the meeting is requested before the formal planning application submission as part of the noticing and neighborhood meeting process. Staff will target scheduling the Planning Commission study session within 90 days upon the applicant’s request or the Zoning Administrator’s determination for said meeting.
d. Format. Meetings shall comply with the applicable City of San Mateo Municipal Code and Planning Commission adopted by-laws and procedures. No motion shall be made at the conclusion of the discussion on the subject planning application.

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Attachment 6 - Recommended Planning Application and Noticing Process Approval Body Project Type Noticing
Building Permit
Administratively
by Staff

1. Interior remodel

2. 1
st story addition

3. 2nd story addition less than 200 square feet to an existing 2- story single family residence

4. Extending a legal non-conforming wall within the setbacks

5. Minor site improvements that do not qualify for planning applications, such as accessory structures
No noticing
Planning Application
Single Family
Dwelling Design
Review (SFDDR)
by
Zoning
Administrator

1. New 1-story single-family residence

2. Demo and rebuild of existing 1-story single-family residence Decision Notice – 12
adjacent neighbors
Neighborhood
Meeting: no

1. 2nd story addition to an existing 1-story single family residence

2. 2nd story addition of over 200 square feet to an existing 2- story single family residence

3. Demo and rebuild of existing 2-story single-family residence

4. New 2-story single-family residence
Property notice
posting within 30
days of submittal (by
the applicant)
Decision Notice – 12
adjacent neighbors
Neighborhood
Meeting: no
Zoning
Administrator

1. Variances for structures of single-family residences or duplex Notice Radius - 500 feet
Neighborhood
Meeting: yes
Historic
Resource
Commission

1. Special Use Permit for allowing uses as listed in SMMC Section

27.18.030 in R1 districts
Notice Radius – 1,000
feet
Neighborhood
Meeting: yes
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the City says this update is meant "to align with the recently adopted General Plan 2040."2

3. It treats historic districts like any other R1 neighborhood.

Its three key proposals:

Less review: the update "will also evaluate whether to remove planning application level review for substantial removal of walls or roofs."7
Less notice: update noticing "to reduce cost burdens," with options down to "Adjacent properties only."8
Design "flexibility": the General Plan encourages "preservation" of neighborhood character through "architectural style and details" (CD 7.2). The white paper answers that good design "does not always equate to maintaining the existing architectural style of a neighborhood."9
Each applies to historic districts. Not one accounts for them.

The review cut is limited to single-story projects. But in a historic district, removing walls and roofs can change the roof form, windows and materials, the very features that make a home a contributor.

And the Historic Preservation Ordinance won't catch it.

It reviews landmarks and contributing homes, and they keep that review. It doesn't review the non-contributing homes inside the district, or the homes along its edge.10 Every one of them relies on the R1 review these proposals could cut. And in a historic district, one lot can change the character of the whole district.

Notice limited to "adjacent properties only" would leave the rest of the district out. That leaves a gap: less review, less notice, and no objective standards.

You don't need a new policy to close that gap. The Council adopted one on March 18, 2024: the same CD 5.12 the white paper left out. It calls for:
"Create objective design standards for alterations to historic resources and contributors to a designated historic district, and new development adjacent to historic resources within historic districts."11
But a policy protects nothing until it's applied.

Two and a half years later, those standards still haven't been written. Now is the time to write them.

The white paper has the order backwards.

It proposes cutting review and notice now. Yet it says single-family design "will primarily be addressed through the development of objective design standards, which is planned to happen after the adoption of the CZCU."
It says the old guidelines apply in the meantime. But guidelines only work when there's a review to apply them. For historic districts, the standards have to come first. 12 Keeping existing review in historic districts costs nothing. It's the process you have today. Funding affects only when the standards get written, not whether review is cut before then.
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Objective standards are streamlining.13 Clear rules mean faster approvals and no guesswork for owners, and they protect the district's character. And the scope is small: one single-family historic district, Glazenwood, 37 homes.14 My request. Please direct staff to:

Exclude designated historic districts from the streamlining and noticing changes until objective historic design standards are adopted.

Refer the standards CD 5.12 calls for to the new Historic Resources Commission, including review for new construction and major additions on non-contributing lots inside historic districts.

Return with a cost estimate for CD 5.12 standards for Glazenwood.

None of this slows streamlining for the rest of the city. It simply brings the white paper up to date.

Streamline the process. Keep the historic district whole.

Sincerely,
Doug D’Anna
CC: Sung Kwon

1. PlaceWorks, Key Issues White Paper: Single Family Residential Regulations, memorandum to the City of San Mateo, January 22, 2026 (the "White Paper"). The word "Glazenwood" does not appear in it.

2. City of San Mateo, notice to HOA contacts regarding the October 19, 2026 City Council study session on singlefamily permit streamlining and Zoning Code updates. The notice links to the January 22, 2026 white paper under "More Information" and states: "The City is updating the Zoning Code to align with the recently adopted General Plan 2040 and the 2023–2031 Housing Element."

3. City Council meeting, April 20, 2026: designation of the Glazenwood Historic District, approved 5-0.

4. City Council meeting, May 18, 2026, Agenda Item 14 (File ID 26-11200): adoption of amendments to the Historic Preservation Ordinance, San Mateo Municipal Code Chapter 27.66, approved 5-0. The ordinance itself states that "the amendments strengthen provisions related to designation criteria, historic districts, owner consent thresholds, reviews for alterations, and administrative procedures."

5. White Paper, pp. 3-4, "General Plan's Direction and Policies": "This section provides the General Plan 2040 policies and action that will be considered and taken into account when drafting the updated SFR regulations."

6. Strive San Mateo General Plan 2040, Chapter 5, Community Design and Historic Resources Element, Goal CD-5, pp. 115-116: Policies CD 5.1 through CD 5.7 and Actions CD 5.8 through CD 5.13. None is cited in the White Paper.

7. White Paper, p. 5: "The CZCU will also evaluate whether to remove planning application level review for substantial removal of walls or roofs if no second-story addition is proposed because single-story detached residences on stand-alone lots typically generate little, if any, controversy…"

8. White Paper, p. 7 (noticing updates "to reduce cost burdens") and p. 8 (notice-distance options, including "Adjacent properties only").

9. White Paper, p. 4, quoting General Plan Policy CD 7.2, Single-Family Design: "encourage single-family additions and new dwellings that address the preservation and enhancement of neighborhood visual and architectural character through context-sensitive building scale, materials, architectural style and details, and privacy."

10. San Mateo Municipal Code §§ 27.66.090(b) and 27.66.100(a), as amended May 18, 2026: a Certificate of Appropriateness "is required for any alteration to a Landmark or Contributor within a Historic District." Noncontributing properties, and properties outside the district boundary, are not covered.

11. Strive San Mateo General Plan 2040, Action CD 5.12, Historic Resources Design Standards, p. 116, adopted by the City Council on March 18, 2024. Full text: "Create objective design standards for alterations to historic resources and contributors to a designated historic district, and new development adjacent to historic resources within historic districts. Use the Secretary of the Interior's Standards as the basis for these objective design standards to 784 of 791
ensure projects have a contextual relationship with land uses and patterns; spatial organization; visual relationships; cultural and historic values; and the height, massing, design, and materials of historic resources."

12. White Paper, p. 4: "single-family design will primarily be addressed through the development of objective design standards, which is planned to happen after the adoption of the CZCU." (Emphasis added in the letter.) Also p. 4:
"the adoption of these new standards will occur after the completion of the CZCU. Until the new regulations are adopted, the City will maintain the current practice of referencing and applying the existing design guidelines document." Review: p. 5. Notice: pp. 7-8.

13. The White Paper itself lists these as the City's goals, side by side: "converting subjective design guidelines into transparent and objective standards… and streamlining the approval process" (p. 1).

14. Glazenwood Historic District, designated April 20, 2026: 37 properties, 34 contributing homes and 3 noncontributing. The resolution's count of 36 contributing resources also includes the district's gateposts and lampposts. The City's other designated historic district, Downtown, is not a single-family neighborhood. 785 of 791

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: 16 Section Name: NEW BUSINESS Account Number: 26-3134 File ID: 26-12648 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Community Development Department
MEETING DATE: October 19, 2026
SUBJECT:

Options for Food Truck Operations on Private Property — Policy Direction STUDY SESSION:

Receive a presentation and provide direction to staff on policy options for regulating food truck operations on private property and updated collaboration efforts with San Mateo County Health for public street food vendors.

BACKGROUND:

Over the past few years, there has been increased interest in how and where food trucks and mobile vendors operate in and around the City of San Mateo. This past year (Fiscal Year (FY) 2025-26) the City Council prioritized the issue for further assessment. On September 15, 2025, Council held a study session to review policy options for regulation and enforcement of rules related to food trucks and street food vendors utilizing pushing carts, setting up tents, and operating on private property, public sidewalks and streets, and in City parks. Following public comments and discussion, Council directed staff to explore options to enhance enforcement using existing rules and regulations, including strengthening collaboration and communication with the San Mateo County Health Department (County Health) regarding food vendor permits, and to explore including language in the City’s state legislative platform that would give local jurisdictions greater ability to enforce their own mobile vending ordinances.

Building on this topic, at the “Blue Sky” Goal Setting Workshop on February 7, 2026, Council included a priority for FY 2026-27 to research Zoning Code and policy options for regulating food vending on vacant lots and present results to City Council. This priority was added to the City’s Strategic Plan as SMART Activity No. 46 – “Present a report on the implementation of Council directives regarding food vendors by February 2027. This includes researching Zoning Code and policy options for regulating food vending and related temporary uses on vacant lots.” Since work is already underway on Comprehensive Zoning Code Update (CZCU), staff incorporated this priority into the code and policy review happening as part of this effort. Background research on this topic included a review of the City’s existing regulations and research into the food truck and mobile vending ordinances from other jurisdictions. Based on this research, staff has compiled a list of policy questions for City Council consideration regarding potential rules for food truck to be allowed to operate on private property.

Current Regulations
Currently, the City regulates Open Air Vendors on private property as defined and codified in San Mate Municipal Code (SMMC) Chapter 27.67. Open Air Vendors do not include motorized vehicles/food trucks. The past study session on September 15, 2025, addressed Open Air Vendors, which are non-motorized, and non-stationary carts vending on private property. This report focuses on motorized, non-stationary trucks vending on private property and how it could be regulated if the Council is interested in allowing the use in San Mateo. 786 of 791

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There are some existing regulations in the SMMC, which apply to all mobile food vendors. The SMMC requires all businesses that operate within the City obtain a business tax certificate (BTC) and the County Health Department requires a health permit for all mobile food vendors, both of which apply to food truck operators. Although State law does not limit the regulation of food truck operations on private property, when they operate on a public street, the City’s ability to enact time, place, and manner regulations is limited by the California Vehicle Code.

Generally, the following SMMC regulations are most closely related to food trucks and other similar businesses operating on private property:
• Open Air Vendors (SMMC Section 27.67.020). Open Air vendors are limited to “persons who sell prepared food, fresh cut flowers or plants from a stand or non-motorized, non-stationary cart or pushcart on private property.” These vendors must receive a Special Permit from the Planning Commission, are not allowed to operate on vacant unimproved property, and must be considered an accessory use to the primary use onsite. They are only allowed to operate on commercial, executive, and CBD zoning districts. Open Air Vendors are expressly prohibited from vending from motorized vehicles under SMMC Section 27.67.060(c). • Vacant Lots (SMMC Section 7.48.030(a)(3)). Vacant lots are permitted to have an agreement between the property owner and a third-party community group or non-profit entity that permits the third-party temporary use of the vacant lot for community purposes subject to approval by the Director of Community Development. • Central Business District Conditions of Use (SMMC Section 27.38.040(e)). In the Central Business District (CBD) zone, “All uses, including storage of equipment, materials, supplies, and commercial vehicles for off-site business permitted under this chapter shall be conducted wholly within an enclosed building, except as may be specifically authorized by special use permit or as an accessory use to an approved permitted or special use.” This section may provide a path for accessory uses or food trucks to operate on private property after receiving a Special Use Permit in the CBD zone.
• Temporary Use Permits (SMMC Section 27.74.030). The Zoning Administrator may approve a temporary use permit for mobile food vendors, but the temporary use permit has specific criteria for a business to operate including time limits (not to exceed 30 calendar days) and that the use will not be permanent. This permit has generally not been applied to food trucks in the past, but may potentially be applied for food trucks that do not intend to use a site for more than 30 calendar days.
• Home Kitchens (California Health and Safety Code Section 113825). Outside the SMMC, the State’s 2018 Microenterprise Home Kitchen Operations (MEHKO) Act prohibits cities from enforcing their zoning regulations against home restaurants under certain criteria, such as limiting sales to 60 individual meals per day and selling directly to consumers (no sales to wholesalers or retailers).

More information on how the City regulates and enforces food vendors across all modes (trucks, sidewalk vendors, nonmotorized carts, etc.) can be found in the agenda report presented to City Council on September 15, 2025.

Enforcement Protocol and Existing Challenges
Currently, the Code Enforcement Division (CE) takes the lead in responding to all complaints related to sidewalk vendors and food trucks, with support provided by the Police Department, Parks and Recreation (Park Rangers), Fire Department and County Health inspectors as appropriate.

Most code enforcement complaints relating to food trucks are about the trucks staying in one location for a long period of time and attracting lines of customers. Oftentimes, the food trucks receiving these complaints are parked near brick-andmortar restaurants, City parks, and/or on residential streets. The City is able to enforce based on objective violations that are unrelated to the act of food vending, including violations such as obstruction of a public sidewalk or a non-permitted electrical connection (running extension cables from buildings). Because food trucks are not protected by SB 946 (the Safe Sidewalk Vending Act, which prevents cities from imposing blanket bans on sidewalk vendors), CE can and does enforce 787 of 791

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when violations occur during normal business hours. When a violation is observed, CE follows its usual procedure of issuing warnings and then administrative citations.

Since most food vending takes place during nights and weekends, CE staff are not available to issue citations for violations.

Consistent enforcement would require additional resources; either additional CE staff to work nights and weekends, or the Police Department to more actively enforce this activity and issue citations.

These complaints typically, although not exclusively, are not related to food trucks operating on private property. More details about enforcement protocol and challenges can be found in the September 15, 2025 agenda report.

Over the past year, CE has continued to respond to concerns from residents and businesses about mobile food vendors.

The majority of complaints, however, have not been about food trucks but about non-motorized vendors, such as barbeques, grills, tents, and trailers. Even when complaints have involved food trucks, Code Enforcement (CE) has found it easier to bring them into compliance for the following reasons:
• Unlike non-motorized food vendors, food trucks are not protected by SB 946, which allows the City to cite them under existing codes, if necessary.
• Food trucks often have a business tax certificate and a health permit, so that even when a permit is expired, it is easy for CE to work with the operators to get it renewed. • Because of the permits, truck operators’ identities are known to CE; this too facilitates communication and enforcement, when necessary.
• Food truck operators seek stability, and once they find a convenient location, they tend to stay so that returning customers can find them. They see themselves as restaurants on wheels, while vendors with tents, trailers, or mobile grills can take off and relocate on short notice.

Because of these factors, food trucks tend to be more cooperative with CE. The following examples demonstrate the dynamic:
• A resident on Peninsula complained about a food truck parked under their balcony, emitting strong smells into her apartment. CE made contact with the operator, and the truck moved away voluntarily within 30 minutes. • A food truck operated for more than a year on a private vacant lot with property owner permission. CE received complaints from a resident across the street about generator noise, especially at night. CE responded on multiple nights, but the noise coming from the generator did not violate the City’s Noise Ordinance. Still, CE facilitated cooperation between the resident and the truck, and a unique solution was found. The resident constructed a sound-insulated board to block off the noise, and he gave it to the truck owner. The truck operator diligently set up the board every night to minimize disturbance, and the resident was satisfied with the result.

These are examples showing the relative ease of working with food trucks to enforce City codes and rules as compared with non-motorized vendors.

DISCUSSION:

This discussion is focused on providing policy options for Council consideration related to the regulation of food truck operations on private property, with a focus on vacant lots. As part of the background research for this topic, staff reviewed the food truck and mobile vending ordinances from South San Francisco, Long Beach, City of Orange, San Diego, Oakland, City of Alameda, Stockton, Mountain View, Redwood City, and Portland, Oregon, to identify considerations and track best practices. From this research, staff has identified both essential components of a potential food truck policy required by State and local regulations, and components that Council may consider as a matter of policy.

Essential Components
If Council is interested in moving forward with new food truck regulations that allow for operations on private property, staff proposes that those regulations include standard components. These include requiring a permit from the San Mateo County Health Department, a City of San Mateo Business Tax Certificate (business license) and documentation confirming 788 of 791

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property owner permission to operate onsite; the ability of the Community Development Director to revoke the permit if the business is found to be a public nuisance; and standards for lighting, signage, trash disposal, and noise. Alcohol sales are under the purview of the California Department of Alcohol Beverage Control (ABC) and are generally not permitted out of food trucks.

Policy Considerations
If Council is interested in pursuing a policy that will allow for food truck operations on private property, staff recommends that the following policy questions be considered.

Location

1. Some cities, like Long Beach and Mountain View, do not permit food trucks to operate on vacant lots.

However, food truck operations on a vacant lot may help activate an otherwise unused parcel. Furthermore, the staff is also exploring a permitting process for allowing food trucks to operate on lots with existing uses such as business parks and shopping centers as part of the CZCU. (This type of use has been approved by the City before).

2. Expanding on this, staff is exploring the option of creating a “food truck park” or similar grouping for the CZCU.

For example, the City of Portland, Oregon has a process to create “food truck pods,” and another local example would be Spark Social that operates in San Francisco.

3. Generally, food trucks in other jurisdictions tend to be permitted in commercial zoning districts. Other than permitting food trucks in commercial zones (and all districts that would allow for restaurant uses), the Council can consider allowing food trucks to operate on private property in other non-residential districts, such as office (E1 and E2) and manufacturing (M1).

4. For either safety or health reasons, some cities (like the City of Oakland) require that food trucks must be parked a minimum distance away from schools (typically ranging from 200 to 500 feet away from a school).

5. An argument to limit food trucks is that they may negatively impact foot traffic to brick-and-mortar restaurants. Staff has not found any data to confirm this, and there is an alternative argument to suggest that food trucks can actually draw more foot traffic to an area, which can support nearby restaurants and businesses.

6. Some cities, like the City of Alameda, only permit food trucks in very specific locations that a food truck may operate, such as specific street corridors or nightlife zones.

Permit Process

7. In addition to the required health permits and Business Tax Certificate (BTC), the City should define the level and type of permitting requirements for this use. Staff recommends avoiding creating overly burdensome requirements and a time intensive process while also establishing an appropriate level of oversight to ensure that businesses are operating in accordance with all applicable regulations. Based on the research and in alignment with the City’s permit processes, staff has identified two potential permit options:
a. Allow as a Permitted Use in defined locations and only require a BTC, with no planning permit required if located in an allowed zoning district and/or defined location where the activity is permitted by-right.

The Zoning Code would include operating standards that all operators would be required to follow. b. Require an Administrative (or Conditional) Use Permit or Temporary Use Permit in order to operate.

This would include criteria in the Zoning Code for how and where a food truck could be approved to operate and allow for application of standards that could be customized based on context specific conditions. This permit would be reviewed at the staff level and approved by the Zoning Administrator.

Depending on the direction, staff will build out more complete requirements in the CZCU.

Operations

8. Staff is assessing various operational standards, such as the hours of operation and parking standards for this 789 of 791

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type of use. The goal is to set the standards at a level that can minimize potential impacts on surrounding properties while also ensuring that they are feasible to meet. The City is also exploring ideas to create entertainment or nightlife zones, and if additional operational standards may be necessary for these types of situations.

Community Engagement

9. Beyond the engagement underway for the CZCU, if Council provides direction to move forward with developing regulations to allow for food truck operations on private property, staff recommends additional multi-lingual outreach to food truck associations, business groups and individual food truck operators to understand the operations and needs of food truck operators and potential impacts to neighboring businesses to help inform the codes that are drafted.

Non-Motorized Vendors Enforcement Update
County Health has recently approached the City seeking support to increase public awareness and enhance enforcement against non-motorized food vendors that do not have a health permit. To educate the public, County Health proposes setting up durable signs in locations frequented by food vendors. Such signs would be placed in the ground in locations such as Bridgepointe Plaza, Martin Luther King Jr. Park, and at the Concar Shopping Center. The signs would warn customers of the health hazards of eating street food from unpermitted vendors. County Health is also seeking City assistance with enhanced inspection operations that could include more aggressive enforcement of health code violations.

To achieve this, they have requested Police Department and CE staff presence for security and support purposes.

Enhanced coordination with County Health to support enforcement of non-permitted mobile vendors was part of Council’s direction on September 15, 2025. Now that additional details about how this enhanced enforcement could occur, staff is seeking Council direction before committing any additional resources to support this work. City staff will be meeting with County Health after publication of this agenda report in mid-October to get additional details on these planned enforcement activities and more specifics will be provided as part of the study session presentation.

CITY COUNCIL QUESTIONS:

Based on the background information and discussion provided above, staff is seeking direction from the City Council on the following questions:

1. Should the City allow for food trucks to operate on vacant lots, as well as on other defined private properties (parking lots, business parks, and shopping centers)? If yes, should the use be limited by zone district (i.e.

Commercial and Office Districts) or by location (i.e. parcels along the El Camino Real corridor)?

2. Other than hours of operation and parking standards, what other operational standards should be required for this use? Should the City establish other standards, such as a minimum distance from schools?

3. Should the food truck operations on private property be allowed as a permitted use based on defined criteria and operational standards, or require a permit, such as a Conditional Use Permit, before being approved to operate at a defined location?

4. Regarding mobile, non-motorized food vendors, does Council support staff collaborating with County Health staff on public education and enhanced enforcement against non-permitted vendors? NEXT STEPS:

Publication of the public review draft Zoning Code Update is anticipated in the spring of 2027. Once published, there will be robust outreach and engagement, including workshops and additional study sessions, to ensure community awareness and collect public input and comments. Once staff has evaluated public and decision-maker input and incorporated changes and updates accordingly, public hearings before the Planning Commission and City Council will be scheduled. Final adoption hearings for the Zoning Code Update are anticipated to take place in the Summer/Fall of 2027. 790 of 791

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BUDGET IMPACT:

Staff work to research and prepare this report was partially funded by the Community Development Department’s annual operating budget and partially funded by the MTC TOC Policy Grant for the Zoning Code Update (granted in September 2025). Work to develop these updated Zoning Code requirements will likely be funded by the Advanced Planning Fund, however, specific funding for future work related to this topic will need to be assessed once City Council direction has been provided. Code Enforcement work related to enforcement of rules and regulations for mobile food vendors is funded by the General Fund within the Community Development Department’s annual operating budget.

ENVIRONMENTAL DETERMINATION:

This action is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines, because the activity, which consists of discussion about updates to the City’s Zoning Code, but with no formal actions or amendments, will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15060(c)(3), because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, since it has no potential for resulting in a direct or indirect physical change to the environment.

NOTICE PROVIDED:

All meeting noticing requirements were met. Public comments received after publication of this report will be forwarded to the Planning Commission and posted to this item on the City’s Agendas & Minutes Public Meeting Portal as “Post Packet Public Comments.”
STRATEGIC PLAN ALIGNMENT:

This staff report supports the Land Use initiative.

ATTACHMENTS
None

STAFF CONTACTS
Steven Lizzarago, Assistant Planner
[email protected]
(650)-522-7205
Joanna Winter, Planning Manager
[email protected]
(650)-522-7211
Eugene Alper, Code Enforcement Manager
[email protected]
(650) 522-7154
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San Mateo City CouncilOctober 19, 2026

San Mateo City Council
October 19, 2026