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Home My WebLink AboutCC AG PKT 2011-11-14 #FF SEA('�F,ti AGENDA STAFF REPORT DATE: November 14, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, Assistant City Manager /Public Works SUBJECT: REQUEST APPROVAL FROM THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) BOARD OF ADMINISTRATION TO EXTEND THE EMPLOYMENT OF INTERIM CHIEF OF POLICE; AND APPROVE AMENDMENT No. 1 TO THE AGREEMENT WITH ROBERT M. LUMAN SUMMARY OF REQUEST: It is requested that the City Council: 1. Adopt Resolution No. 6200 requesting the California Public Employees' Retirement System (CaIPERS) Board of Administration approve an extension of the temporary employment of Interim Chief of Police Robert M. Luman in accordance with Government Code section 21221 (h). 2. Approve Amendment No. 1 to the agreement with Robert M. Luman to perform the services of Interim Chief of Police. 3. Authorize the City Manager to execute the amendment to the agreement between the City of Seal Beach and Robert M. Luman in compliance with Government Code section 21221 (h). BACKGROUND AND ANALYSIS: Government Code section 21221 (h) permits the appointment of a retired member by the governing body of a contracting CaIPERS agency to a position deemed by the governing body to be of limited duration and requiring specialized skills or during an emergency to prevent stoppage of public business. The appointments generally are used for, as in this situation, "Interim" positions pending recruitment of a permanent appointment to fill a vacancy. Robert M. Luman retired from the City of Redondo Beach, a CaIPERS agency, on May 1, 2006. He was appointed Interim Chief of Police for the City of Seal Beach on July 1, 2011 to temporarily fill the vacancy created by former PChief Jeff Kirkpatrick's retirement. Government Code section 21221 (h) limits appointments to 960 hours in a fiscal year. It is anticipated that Chief Luman will Agenda Item F reach the 960 hours on or about December 31, 2011. Government Code section 21221 (h) permits the governing body to request the CalPERS Board of Administration approve an extension of the retired member's employment beyond the 960 hours but no more than 12 months in the position. Chief Luman's Interim employment agreement with the City of Seal Beach may, therefore, not extend beyond June 30, 2012. Chief Luman was selected for the Interim appointment because of his distinguished professional career that spans four decades and his many years of experience in a leadership role. He previously served as the Interim Chief of Police in the City of Newport Beach, the City of Riverside and was the former Chief of Police for the City of Long Beach. Chief Luman has performed well in the leadership role and established good relations with the Police Department, City staff and the community. Chief. Luman is analyzing several operational functions within the police department. Chief Luman's continued employment will ensure completion of these functions and provide a smooth transition period until a permanent Chief is selected. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: Based on the terms of the Agreement, the maximum amount the City will pay Mr. Luman is $96,000 ($8,000 x 12 pay periods) plus a cell phone allowance of $75.00 per month for City business and actual and necessary expense reimbursements. The source of all payments to Mr. Luman: Police Department Full -Time Salaries Account 001 - 022 - 40001. RECOMMENDATION: It is recommended that the City Council: 1. Adopt Resolution No. 6200 requesting the California Public Employees' Retirement System (CaIPERS) Board of Administration approve an extension of the temporary employment of Interim Chief of Police Robert M. Luman in accordance with Government Code section 21221 (h), 2. Approve an amendment to the agreement with Robert M. Luman to perform the services of Interim Chief of Police, and 3. Authorize the City Manager to execute the amendment to the agreement between the City of Seal Beach and Robert M. Luman in compliance with Government Code section 21221 (h). Page 2 SUBMITTED BY: Sean P. Crumby, Assistant City Manager/Pudic Works NOTED AND APPROVED: 4 R L Ingram, City nager Prepared by: Nancy Ralsten, Management Analyst Attachments: A. Resolution No. 6200 B. Amendment No. 1 to Agreement Page 3 RESOLUTION NUMBER 6200 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL REQUESTING EMPLOYMENT EXTENSION PER GOVERNMENT CODE SECTION 21221(H) (INTERIM CHIEF OF POLICE) AND APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH ROBERT M. LUMAN FOR INTERIM CHIEF OF POLICE SERVICES THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: WHEREAS, Robert M. Luman retired from the City of Redondo Beach in the position of Chief of Police on May 1, 2006; and WHEREAS, the City of Seal Beach appointed Robert M. Luman to the position of Interim Chief of Police under Government Code section 21221 (h), a position deemed to be of limited duration and requiring specialized skills, effective July 1, 2011. WHEREAS, Robert M. Luman is expected to reach his maximum 960 hours this fiscal year on or about December 31, 2011; and WHEREAS, the City anticipates the appointment of a new Chief of Police in June 2012. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. That the CalPERS Board of Administration be requested to approve an extension in accordance with Government Code section 21221 (h) for the temporary employment of Robert M. Luman for a period not to exceed 960 hours from December 31, 2011. An appointment made under this section of this subdivision may not exceed a total of 12 months. Section 2. The City Council hereby approves the amendment to the agreement ( "Agreement') between the City and Robert M. Luman, dated November 14, 2011, for interim chief of police services. Section 3. The Council hereby directs the City Manager to execute the Agreement. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of November , 2011 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk Resolution Number 6200 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6200 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of November 2011. City Clerk AMENDMENT NO. 1 INTERIM POLICE CHIEF SERVICES Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Robert M. Luman 4219 Linden Avenue Long Beach, CA 90807 This Amendment No. 1 dated November 14, 2011, amends that certain agreement ( "Agreement ") between the City of Seal Beach, a California charter city ( "City ") and Robert M. Luman ( "Interim Chief of Police — hereinafter ICP "). RECITALS WHEREAS, City and Contractor entered into the Agreement on June 27, 2011 under which ICP has provided professional services; WHEREAS, the Agreement will expire on December 31, 2011, unless extended; and WHEREAS, the parties wish to amend the Agreement to extend the term until June 30, 2012 provided appropriate approval is granted by CalPERS. NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1 . Subsection 2.1 of Section 2.0 (Term and Termination) is hereby amended to read as follows: "2.1 A. Effective Date ICP shall commence his services hereunder as of July 1, 2011 (the effective date of this Agreement). B. Initial Term The initial term of this Agreement shall be from July 1, 2011 to December 31, 2011 or the date upon which ICP has worked 960 hours. C. Extended Term The term of this Agreement, as amended herein, is extended to June 30, 2012." Section 2 . All other terms and provisions of the Agreement shall have full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH INTERIM CHIEF OF POLICE Jill Ingram, City Manager 7 P , e g - T Mi r n-7 A—A - � M " — ATTEST: Linda Devine, City Clerk APPROVED AS TO FORM: Quinn M. Barrow, City Attorney