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HomeMy WebLinkAboutSupplelmental - Received at the 3-28-2016 Meeting 22f_oboks) �J` s'I 1 S '6ryn PAH cc- Work:6 3/28/2016 •�.......`. . MUNICIPAL ++ ^, WATER /O� 4S^A,�, ❑15TRICT -` ORANGE I �" ° COUNTY •�_, '' A ■ 4A+l a 0 I ,, ,.„ '* ,.'.. . -,.. • ...... 1 'i Mil " N .,,t. ___ I,l - \� qi/FORN� z MWDOC RATE STUDY City of Seal Beach Municipal Water District of Robert Hunter,` Orange County general March,2016 Manager I' MWDOC RATE STUDY - Agenda 4 MWDOC Rate Background 2011 Settlement Agreement . . ,A o Prop 26 Issue • , • o Member Agency Survey t Alternative Rate Structures o Rate & Budget Schedule "" " iai::MUNICIPAL TER TRICT ORANGE COON iY 1 3/28/2016 MWDOC RATE BACKGROUND Ad Velorem Tax (1951-68) Retail Meter Fiscal Year Water Increment Volumetric & Fixed Rates - . --feet) Charge (per meter) Water Increment & Retail Meters 2006-07 $6.50 $5.50 2011 Settlement Agreement 2007-08 $6.50 $5.50 Migration to 100% Fixed Meter 2008-09 $6.50 $5.50 Expires June 2016 2009-10 $6.50 $5.50 Contract Rates 2010-11 $6.75 $5.75 New Rate Study as Legal 2011-12 $4.25 $6.25 2012-13 $3.75 $7.25 Basis for Rates 2013-14 $3.25 $8.40 Prop 26 Issue 2014-15 $0.50 $10.50 2015-16 $0.00 $10.85 MWDOC BUDGET & RATES Imported MET Water --,--14---,4.2%,v--5-- Billed on Volume @ MET Rates y,, ____ .. _MWDOC Operating Budget ri. ww,a; ... . , CHOICE Program PIIH' - '1' . Subscription for Service ' .� -7 ` Water Use Efficiency ' y o - r•,rr School Program _ CORE Program - MUNICIPAL WATER OF DISTRICT Services Common to All Agencies ORANGE COUNTY 2 3/28/2016 PROP 26 Fee/Tax Exceptions Article XIII C, § 1 e As used in this article, "tax" means any levy, charge, or exaction of any kind imposed by a local government, EXCEPT the following: (1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege (2) A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. (2 of 7) IF NOT AN EXCEPTION THEN VOTER APPROVAL REQUIRED ***. 1115E MEMBER AGENCY SURVEY Rate Structure Legal Fairness & Revenue Admin. Public Total Compliance Equity I Stability Ease Understanding Score NUMBER of RETAIL METERS (current) 3.17 3.00 3.54 3.63 3.42 NUMBER OF 3.25 3.29 3.58 2.92 3.04 EQUIVALENT METERS HISTORICAL IMPORTED WATER USE (10 year) 3.04 2.75 2.63 2.88 2.65 TURNOUT METERS 2.17 1.75 3.13 3.00 2.08 2.2 POPULATION 2.50 2.13 2.88 2.67 2.63 NUMBER OF MEMBER 1.54 1.29 3.04 3.29 2.25 1 .8 AGENCIES 3 3/28/2016 FOUR RATE SCENARIOS CORE Oseratin: Bud :et Allocating Costs to OCWD di Allocating Remaining Costs to Retail Member Agencies t. Number of Retail Meters Number of Equivalent Meters Population Historical Imported Volume MUNICIPn WATER DISTRICT OF ORANGE COUNTY FOUR RATE SCENARIOS Sam • le of Results FY2015-16 SCENARIO#1 SCENARIO#2 SCENARIO#3 SCENARIO#4 AGENCY CURRENT METERS EQUIV.METERS POPULATION IMPORTED WATER USE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY 4 3/28/2016 FOUR RATE SCENARIOS Sam • le of Results FY2015-16 SCENARIO#1 SCENARIO#2 SCENARIO#3 SCENARIO#4 AGENCY CURRENT IMPORTED METERS EQUIV.METERS POPULATION WATER USE MWDOC TOTAL 100% 100% 100% 100% 100% OCWD-$ $0 $356,313 $356,313 $356,313 $709,581 MUNICIPAL WATER DISTRICT OF ORANGE COUNT V f FOUR RATE SCENARIOS Summar of Allocated Costs Scenario 1 Scenario 2 Scenario 3 Scenario 4 Agency Current Cost #of Equiv. Imported Water 4 of Meters Meters Population Use Brea,City of $133,791 $126,662 $170,906 $118,473 $115,323 Buena Park,City of $203,025 $192,207 $200,178 $227,613 $149,635 East Orange County Water District $226,038 $213,993 $235,362 $196,145 $117,870 El Toro Water District $106,699 $101,013 $114,694 $134,155 $270,171 Fountain Valley,City of $182,085 $172,382 $146,523 $159,203 $92,645 Garden Grove,City of $366,263 $346,746 $201,443 $485,651 $255,098 Golden State Water Company $444,459 $420,775 $380,962 $466,197 $289,734 Huntington Beach,City of $575,007 $544,366 $545,209 $545,530 $278,836 Irvine Ranch Water District $1,080,693 $1,023,105 $1,149,155 $1,043,365 $781,319 La Habra,City of $147,951 $140,067 $96,881 $170,021 $59,288 La Palma,City of $47,024 $44,518 $25,142 $44,070 $17,932 Laguna Beach County Water District $93,787 $88,790 $97,329 $55,840 $111,021 Mesa Water District $253,890 $240,361 $206,590 $295,786 $116,604 Moulton Niguel Water District $570,916 $540,494 $486,109 $468,268 $840,807 Newport Beach,City of $282,610 $267,550 $267,742 $180,837 $198,113 Orange,City of $358,527 $339,422 $352,642 $382,109 $293,184 Orange County Water District $0 $356,313 $356,313 $356,313 $709,581 San Clemente,City of $187,271 $177,292 $243,918 $141,270 $259,537 San Juan Capistrano,City of $122,876 $116,329 $115,583 $106,750 $152,040 Santa Margarita Water District $562,497 $532,523 $493,637 $431,491 $814,158 Seal Beach,City of $58,406 $55,293 $91,101 $65,174 $33,472 Serrano Water District $24,510 $23,204 $14,585 $17,771 $32,839 South Coast Water District $130,677 $123,714 $139,673 $96,235 $170,601 7rabuco Canyon Water District $42,868 $40,584 $29,183 $34,948 $78,337 Westminster,City of $218,237 $206,608 $225,480 $257,838 $120,450 Yorba Linda Water District $266,552 $252,348 $300,320 $205,608 $328,066 Total $6,686,660 $6,686,660 $6,686,660 $6,686,660 $6,686,660 5 3/28/2016 FOUR RATE SCENARIOS Sam • le of Results FY2015-16 SCENARIO#1 SCENARIO#2 SCENARIO#3 SCENARIO#4 AGENCY CURRENT METERS EQUIV.METERS POPULATION IMPORTED WATER USE MWDOC TOTAL 100% 100% 100% 100% 100% ocwD-$ $0 $356,313 $356,313 $356,313 $709,581 SEAL BEACH TOTAL $58,406 $55,293 $41,101 $65,174 $33,472 SEAL BEACH—$CHANGE (-) $3,1121 $32,6951 $6,7681 (-) $24,9332 ............... SEAL BEACH-%CHANGE (-) 5.3%1 56.0%1 11.6%1 (-) 42.7%2 MUNICIPAL Seal Beach's Share of OCWD = $2,851 (0.8% of$356,313) I O STP CT 2 Seal Beach's Share of OCWD = $5,677 (0.8% of$709,581) OPANGF COUNTY MWDOC Budget Schedule FY 2016-17 Fti March 2016 A&F Committee (3-9) CHOICE Program Discussions j"4 Member Agency Manager's Discussion r • Member Agency Presentations as Requested fl April2016 Elected Officials Meeting(4-7) A&F Committee Meeting(4-13) Member Agency Formal Comments by April 15th - ,,. Member Agency Manager's Discussion Member Agency Presentations as Requested ' - 4,a Confirm CHOICE Participation 4 r May 2016 Final Draft Budget&Rates to A&F Committee (5-11) Member Agency Formal Comments Member Agency Manager's Discussion MUNIC IPn Board Approval(5-18) LS WATER DISTRICT ler OF ORANGE COUNTY 6 3/28/2016 Contact Us address 18700 Ward Street, ©F Fountain Valley CA 92708 Rob Hunter General Manager website Direct- 593-5026 •Cell:(404)557-5107 www.mwdoc.com rhunter()mwdoc.com main office (714) 963-3058 x Fy; MUNICIPAL DIATRI • OFAT R OF ORANGE COUNTY . Will ICIP4l. I wa�tn �e...... e le 41111U16TFl1L. r 10 OF 4% (:UUNTGV t� I % 1 A WOMEN. II le 1111111 �•i { �$(1, ��� ; Y.F t A'i� 1114t ". � U M Sr" F 1 1 i •• __ f1�1���1 ••� � N • r IFOR.,.b• MWDOC RATE STUDY m City of Seal Beach Hobert ante March 28, 2016 Manager 7 z'azG\ I (•4 NAVAL WEAPONS STATION SEAL BEACH Proposed Replacement Ammunition Pier and Turning Basin Project ��APQNS sssi. 1)1. t. �A' �( qCH - CPS`—, Seal Beach City Council March 28, 2016 314:\ • We serve a majority of the U.S. Pacific Fleet • The only major weapons station port within 1,000 miles of the fleet concentration in San Diego • Rebalance towards Asia = More ships in Pacific Fleet to support • Need to recapitalize base infrastructure, most of which is 50-70+ years old NAVAL WEAPONS STATION SEAL BEACH Ammunition Wharf- Current Status The current base ammunition wharf is past its design life, unable to support current and future fleet requirements and has other deficiencies. • Built in 1953, before the advent of modern earthquake codes • Too small to support larger Navy ships such as helicopter carriers (LHAs and LHDs) • Too small to support the loading of two medium-sized ships at the same time • Security and safety concerns due to adjacent civilian small craft channel. NAVAL WEAPONS STATION SEAL BEACH mow° ` Proposed Replacement Ammunition Pier and Turning Basin • A replacement ammunition pier (approximately 1,100- r foot by 125-foot) ...n, \� • Associated waterfront facilities t4 • Dredging for a larger Anahe,nr Bq° turning basin Lewd • A new and separate small boat access ° E. r° ^ Pacific Ocean channel for civilian 8 Alternative 1 e;: T �OW F.. traffic to and from Huntington Harbour ( o 4. The proposed replacement ammunition pier and turning basin would : • Be built inside the current breakwater • Be constructed to modern earthquake codes • Able to support larger ships or two medium sized ships • Create a separate civilian small craft channel either inside or outside the breakwater • Further separate ammunition operations from PCH +� Seal Beach t 9 National V ILdllfe Refuge �l n . ‘ y i Anaheim Bays p; i Legend -Dr.posed Ammunition Pier mg Existing Whan F r P•oposed Facility Existing Facility Proposed Causeway ', ' :;Existing Jetty Proposed Truck Turnaround Existing Road Pacific Ocean Proposed North Mole Removal L— 1 Proposed Small Boat Channel Alternative 1 1 000 --Proposed Breakwater l lFer, Legend F.; r` `f �, Seal Be,rch�,, MO Proposed Ammunition Pier , ,4 C > Nt 3i ill adlife 4 ,, Refuge L__ Proposed Facility r ✓ F a� • x MM Proposed Causeway + r: �f _ Proposed Truck Turnaround ,6 ° • Proposed North Mole Removal L _I Proposed Small Boat Channel ` 1 t 11 Proposed Wharf Removal p Proposed Breakwater ■ / ; I l 1 Proposed Moveable Floating Security Barrier \\\ IN Existing Whad Facility ' s vai . Existing Facility . Existing Jetty ,, s$ Existing Road • ij g'i t oos 1 reel Anaheim Bay r f.42 eel ,, N .t. F 4p 4 41 Pr,ri fic Ocean 0 Alternative 2 Legend u. r r C, -r Seal Beach -Proposed Ammunition Per +r , 4 - Galin ildlifi• $$��� �. 4 a Refuge Proposed Facility k +T .� n Proposed ' �t`• "_,", po d Causeway t 'r; -!>4 T �„ Proposed Truck Turnaround • ; ° ., Proposed North Mole Removal I X 17_1 Proposed Small Boat Channel Proposed Moveable Floating t l t I Security Barrier Proposed Breakwater ti Existing Wharf Facility Existing Facility Existing Jetty Existing Road a M. ...,f+ t 000 1 �" MI' 1 beet Anaheim Bay t7 • •'4.f Pacific Ocean y, eAlternative 3 NAVAL WEAPONS STATION SEAL BEACH ie .1 Environmental Assessment Issues to be Addressed • Land use , Wate f�� ,. soflurces • r r e Biological resourcesr ,,.-. Vkis-uaI qu-alr-ty= • .Coastal ,resources • Noise • Air,quatlity & climate •-Socioeconoi'c*s m change„ • Utilities • Public health,and • Topography, geology,, safety a and soils (including ,,.:. • Transportation , ` '; beach erosion) `� , NAVAL WEAPONS STATION SEAL BEACH A Environmental Assessment EA and Public Review Timeline • Public Scoping Period — March 18-April 18, 2016 • Public Meeting —April 7, 2016 • Draft Environmental Assessment — Est. Winter 2017 • Public Comment Period & Meeting — TBD • Final Environmental Assessment — Est. Winter 2018 >.. ..rte b• %%N` 01. Ne S Si. 11 N`t 10 NS or r JP I),1► i ► �J . 0 0 ; , '' 2! I/ Q � Z 1 .. _ � CI Q � ► 9e �� / v / y �� ,qC A CN H• CPS % £ US � Q 0H06, (Ra2,6e,w-ef\ b\AP0)0e-cet- D‘.°10vIlaz-crs,01ovfmed-31A16 Mot 3/28/16 Dear Council Members, Agenda Item "I" presents a Demand to Cease and Desist from Californians Aware (represented by Kelly Aviles) regarding repeated violations of the Brown Act regarding closed sessions. CalAware is a non-profit group dedicated to open, transparent government. These violations fall into two categories. The first is failure to publicly disclose the "facts and circumstances" on matters that are agendized for closed session due to "threatened or anticipated litigation". The Brown Act gives the public the right to know who is threatening to sue or has sued the City, and what their grievances are. The basic information that is already known to a plaintive or potential plaintive must be disclosed to the public in the wording of the closed session agenda. A perfect example of what this disclosure must look like is found in Item B on Monday night's closed session agenda: "By letter dated March 7, 2016, the Law Offices of Kelly Aviles demanded that the City cease and desist as to any possible future actions that may violate Government Code sections regarding closed sessions." In contrast, from January 2015 through February 2016, there were ten closed session discussions of "anticipated litigation against the City." None of the associated agendas gave the public any specific information (Attachment I). While the City is allowed to discuss "potential" lawsuits in closed session, and is not required to disclose facts which potential plaintiffs are not yet aware, it has been CalAware's experience that such cases are rare, and would certainly not justify ten closed session discussions over a 13-month period. The second category of violations involves taking actions in closed session that are not permitted. The CalAware letter gives two examples. The first was the approval last June 8th of a $120,000 contract with Khouri Consulting to lobby in Sacramento against AB 1217. This bill threatened to put our OCFA board seat in jeopardy. While the Brown Act allows closed session discussion of "anticipated litigation," there is no Brown Act provision for "anticipated legislation." For the City to claim that the discussion and granting of this contract had to be done in closed session due to "a significant exposure to litigation against the City" seems like quite a stretch. The second example was the closed session decision on October 26, 2015 to move the "Blue House" 37 feet to the east of its current location. The Brown Act prohibits such decisions from being made in closed session, even where the action settles potential litigation, because it deprives the public of being able to participate in that decision. The CalAware letter states that these violations "impaired the public's ability to participate in its government." I strongly agree, and would like to provide the Council with additional information to make this point abundantly clear. In regards to the lobbying contract, if this issue had been presented during the open session on June 8th, the public may have questioned another consultant could have provided the same services for less than $120,000, or whether Seal Beach needed to go at it alone in lobbying against AB 1217. Eighteen other member cities in the OCFA were also at high risk of losing their seats on the OCFA board. These cities included our close neighbors of Cypress and Los 1 Alamitos. The public could have inquired as to why we weren't seeking a "chip-in" from these two cities and possibly others? Doing so could have reduced the City's cost from $120,000 to $40,000 or less. A secondary consequence to the closed session decision to award this contract was the subsequent non-disclosure of the contract during the public hearing on the FY 15-16 budget held on June 22nd. The cost of the contract from July to September of FY 15-16 was anticipated to be $91,500. However, the adopted budget makes no provision to pay for this. This is quite significant since the public was told on the 22nd that the budget had an operating surplus of only $48,200. If the public had been aware of this contract, some may have questioned why there was no money set aside in the budget pay for it. Doing so would, without a budget cut elsewhere, would have resulted in the adoption of an "unbalanced" budget with an operating deficit of$43,300. In essence, this is what occurred by default, since the relevant discussion never occurred. In regards to the closed session decision on October 26, 2015 to move the Blue House 37 feet eastward, a public discussion during the open session on the same day may have resulted in a better alternative. For example, the public could have suggested moving it approximately 40 feet farther to the east, or a total of 77 feet from its current position. This would have provided easy and close access to the house from the sidewalk between Electric Avenue and the Red Car. See "silhouette" below. *" w S, a \ ;,x;a ` -;4 4 _. er.1 � ��_ •� Jig 1 •'1 a , �. r Ian �y _ )r -_ -1,, - H .' .... ..-- -, L {hn 1 + #a In conclusion, I strongly urge the Council to accept staff's recommendation to send a letter to CalAware which unconditionally commits the City to full compliance with the Brown Act regarding closed session discussions. Sinc ly, obert Goldberg Seal Beach 2 PQCQU PosiA SIAM t(c) during.. hr (?c ,6,rt- Clip la • Attachment I: • CLOSED SESSION MEETINGS ON "ANTICIPATED LITIGATION" January 2015 — February 2016 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION G.C.54956.9(d)(2) "A point has been reached where in the opinion of the Seal Beach City Council on the advice of its legal counsel based on existing facts and circumstances there is a significant exposure to litigation against the City." Dates of Meetings: "Facts and Circumstances" 1/12/15 : ??? 2/23/15: ??? 3/23/15 : ??? 4/13/15 : ??? 5/26/15 : ??? 6/08/15 : Unknown until 10/26/15— In response to questions by Councilman Miller, City Manager disclosed Council approved contract with Khouri Consulting to lobby against AB 1217 7/13/15 : ??? 9/14/15 : ??? 10/26/15: Unknown until Open Session--City Attorney announced that the case involved the Blue House, and that the City had decided to move it 37 feet to the east. 2/8/16 : ??? 3 Pk\Stfg(c1 a∎l 1, (0 b C Aiorr -1 &tf.S1r /1 De ( c \) DATE Kelly Aviles, Esq. Law Offices of Kelly Aviles 1502 Foothill Boulevard, Suites 103-140 La Verne, California 91750 Dear Ms.Aviles: The Seal Beach City Council has received your cease and desist letter dated March 7, 2016 alleging that the following described past alleged actions of the legislative body violated the Ralph M. Brown Act: An alleged action on June 8, 2015 to "enter into a $120,000 contract with Khouri Consulting, a lobbying firm...." An alleged City Council decision on October 26, 2015 to "relocate the `blue cottage'...." Your description of each alleged incident indicates that not all of the facts have been supplied to you. Your statement of the position of the City Attorney has no apparent basis, since you did not consult with the City Attorney prior to writing the letter. Nonetheless,the Seal Beach City Council is committed to transparency and compliance with the Brown Act. In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act,the Seal Beach City Council hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described in your letter. This letter is intended to comply with Government Code Section 54960.2(c)(1) and has been approved by an open session decision of the City Council. The Seal Beach City Council may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as"Rescission of Brown Act Commitment."You will be provided with written notice, sent by any means or media you provide in response to this message,to whatever address or addresses you specify,of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded,you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing. Very truly yours, Sandra Massa-Lavitt Mayor Recjaw, &AN rOinizr- P-61gze6101 .te, P 6-\ Item A - City Charter Section 701 - The City Council creates departments, not the City Manager. Those departments shall be headed by an officer as department head. The City Council shall provide for the number, titles, qualifications, powers, duties, and compensation of all officers and employees. Item B - Municipal Code Section 3.15.015C - The "Department Heads" are identified in this section. These titles can be amended or modified by ordinance or resolution. Item C - Resolution Number 5963 - Amended the classification specification of the Director of Public Works, who shall be a civil engineer, reporting to the City Manager, and provide direction to: City Engineer, Associate Engineer, Assistant Engineer, Maintenance Services Manager and Executive Assistant. ARTICLE VII OFFICERS SECTION 700. Officers. The officers of the City shall be the following: a) The five (5) members of the City Council, who shall be elected. b) A City Clerk. (Amended 2014) c) A City Treasurer, who shall be the Finance Director. d) A City Manager, who shall be appointed by the City Council. e) A City Attorney, who shall be appointed by the City Council. f) The incumbents of such other offices as the City Council may by ordinance, or resolution, establish. (Amended 1978) NASECTION 701. Administrative Departments. The City Council may provide, by ordinance not inconsistent with this Charter, for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, and for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. Each new department created by the City Council shall be headed by an officer as department head that shall be appointed and may be suspended or removed by the City Manager. The City Council, by ordinance or resolution, may assign additional functions or duties, to offices, departments or agencies not inconsistent with this Charter. Where the positions are not incompatible, the City Council may combine in one person the powers and duties of two (2) or more offices created or authorized by this Charter. No office provided in this Charter to be filled by appointment by the City Manager may be consolidated with any office to be filled by appointment by the City Council. The City Council shall provide for the number, titles, qualifications, powers, duties, and compensation of all officers and employees. SECTION 702. City Clerk. Powers and Duties. The City Clerk shall have the power and be required to: a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true report of all the proceedings of the City Council in books, which shall bear appropriate titles and be devoted to such purposes. - 18 - Seal Beach Official Charter Chapter 3.15 Personnel (Ord.No.1545) § 3.15.005 Civil Service. A. The provisions of the City Charter, this code, Memoranda Of Understanding and the Personnel Rules and Regulations govern the civil service. In the event of any inconsistency, the city charter and this code shall prevail. Pursuant to Article IX of the city charter, the following personnel system is hereby adopted. B. No person shall have any authority, either directly or indirectly, to modify any provision of this chapter, or to take any action in conflict with the requirements and provisions set forth herein. Amendments and modifications to this chapter shall be effective only upon formal adoption of an ordinance by the city council in accordance with applicable law. § 3.15.010 Authority of City Manager. A. Personnel Officer. The city manager shall be the ex officio personnel officer. With the approval of the city council, the city manager may delegate any of the personnel officer powers and duties to any other officer or employee of the city. The city manager shall: 1. Administer all the provisions of this chapter and of the personnel rules and regulations not specifically reserved to the city council; 2. Prepare and submit to the city council revisions and amendments to the personnel rules and regulations; 3. Prepare a Position Classification Plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the city council. 4. Prepare a Plan of Compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the city council. §3.15.015 At-Will Relationship; Exempt Status. A. Except as otherwise specifically provided in the city charter, all employees of the city are at-will employees who may be terminated at any time without prior notice or cause and without right of hearing or appeal. Title 3—page 7 City of Seal Beach Municipal Code December 2004 Re-printed 2010-Revised 2013 • B. At-will positions include, but are not limited to, the following: 13° 1. All positions listed in Section 901 of the city charter, and persons serving in those positions. 2. Newly hired full-time employees serving their initial probationary period or any extension of such initial probationary period; and full- time employees serving a promotional probationary period or any extension of a promotional probationary period. 3. Employees serving in a provisional appointment, non- benefited employees and contract employees. 4. Any position and/or person designated as at-will by city ordinance or personnel rules and regulations. NaC. As used in the city charter and herein, the term "Department Heads" includes Chief of Police, Director of Public Works/City Engineer, Director of Development Services, Director of Administrative Services/Finances, Assistant City Manager, and Marine Safety/Lifeguard Chief, and as such titles may be amended or modified from time to time; and any newly created position, and person serving in such position, designated as a department head by ordinance or resolution. D. All at-will positions, and persons serving in at-will positions as set forth in this Section 3.15.020, are exempt from the civil service system of the city. § 3.15.020 Appointment of City Manager. A. Employment Agreement. Except as indicated in this chapter, the provisions of Article VI of the city charter, and the employment agreement between the city and the city manager, govern the position of city manager. No provision of any employment agreement may modify any provision of the city charter or municipal code governing the city manager. In the event of any inconsistency between the city charter, the municipal code and an employment agreement, the city charter and this code shall prevail. B. Removal of City Manager. The city council shall furnish the city manager with written notice stating its intention to remove such official from city employment and any reasons for its intended action at least 30 days before the effective date of the removal. The city council action to remove shall be final. Nothing in this chapter is intended to modify the city manager's status as an at- will employee serving at the pleasure of the city council. Title 3—page 8 City of Seal Beach Municipal Code December 2004 Re-printed 2010-Revised 2013 • RESOLUTION NUMBER 5963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING AN AMENDMENT TO THE CLASSIFICATION SPECIFICATION OF THE POSITION OF DIRECTOR OF PUBLIC WORKS WHEREAS, at their regular meeting of January 11, 2010, the City Council discussed the current classification specification for the position of Director of Public Works due to the current vacancy;and WHEREAS, the City Council unanimously approved amending the licenses, certificates, and special requirements for the position of Director of Public Works to include possession of a valid certificate of registration as a Professional Civil Engineer issued by the California State Board of Registration for Civil Engineers; and WHEREAS,the amendment to the classification has no fiscal impact. NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of Seal Beach does hereby approve the following amendment to the classification plan for the position of Director of Public Works: A) The classification specification for the position of Director of Public Works is hereby amended to include possession of a valid certificate of registration as a Professional Civil Engineer issued by the Califomia State Board of Registration for Civil Engineers. B) The amended classification specification for the position of Director of Public Works, attached hereto as Exhibit"A", is hereby approved. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 25th day of January , 2010 by the following vote: AYES: Councilmember ,/.I', "Me � 4:1 NOES: Councilmember ABSENT: Councilmember 11471-/ ABSTAIN: Councilmember / pF SEAl" iayor ATTEST: cyf-ZoriPmg/FO qty ice' C} City Clerk %:s���i e� � ,,1 cF°�Fq 7 `9, �� STATE OF CALIFORNIA } �'�U 7 P_ COUNTY OF ORANGE } SS CITY OF SEAL BEACH I, Linda Devine, City Clerk of the City of Seal Beach. California,do hereby certify that the foregoing resolution is the original copy of Resolution Number 5963 on file in the office of the City Clerk, passed, approved, and adopted by the City Co cil at a re2ular meeting thereof held on the 25th day of January, 2010. • _ � i Clerk Resolution Number 5963 EXHIBIT A .pE if ii"; : .:� Director of Public Works Department/Division: Public Works/Administration Reports To: City Manager Provides Direction To: City Engineer, Associate Engineer, Assistant Engineer, Maintenance Services Manager and Executive Assistant FLSA Exemption Status: Exempt Date Prepared: December 28, 2008 Date Adopted by City Council: April 13,2009 Date Amended by City Council: January 25,2010 GENERAL PURPOSE Under general direction of the City Manager, plans, directs, manages, and evaluates the administrative, engineering, and maintenance programs and services of the Public Works Department, including engineering, streets, utilities, beaches, equipment maintenance, buildings and facilities, and traffic programs; participates as a member of the City's Executive Management Team; and does related work as required. DISTINGUISHING CHARACTERISTICS The Director of Public Works is distinguished from the City Engineer by its broader scope of functional responsibility, decision-making authority, budgetary 1 accountability, span of supervisory control, and external interfaces with City Council, developers, contractors, consulting engineers, and engineering and planning agency representatives. ESSENTIAL FUNCTIONS The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class. 1. Directs, plans, manages, and evaluates the operations, programs, polices, standards, and procedures of the Public Works Department, including engineering design, utility design and construction, project management, transportation planning, and public works installation, repair, and maintenance projects and services. 2. Establishes, prioritizes, and evaluates departmental goals and objectives related to Engineering and Maintenance Services Operations and Capital Improvement Program, including contracts,agreements,and work activities. 3. Oversees the administration of engineering consulting contracts and progress payments; reviews major planning and policy issues, legislation, and complaints with City Engineer and advises City Manager and City Council. 4. Determines staffing and contract needs and means for overseeing project plans and change orders in consultation with the City Engineer and Maintenance Services Manager. 5. Directs the selection, training, supervision, evaluation, and disciplining of employees within the department and recommends staffing, training, and employee coaching for development purposes. Director of Public Works Resolution Number 5963 EXHIBIT A 6. Prepares, approves and presents departmental plans, studies, activity and agenda reports, and recommendations on behalf of the department to the City Manager, City Council, advisory groups and professional associations. 7. Develops, implements, and evaluates departmental operating and capital budget expenditures. 8. Coordinates, and presents regional resources management plans and interfaces with officials from OCTA, CalTrans, MWDOC, OCWD, and other bodies in determining and developing appropriate measures, programs, and procedures to comply with federal, State, regional, and County laws, regulations,and environmental mandates. 9. Works with division managers in evaluating and recommending the award of contracts for professional engineering, architectural services, and construction contractors. 10. Participates as a member of the Executive Management Team. QUALIFICATIONS GUIDELINES Knowledge of: Theories, principles, practices, standards and methods of public works administration, capital improvement projects, public works, and design of public projects; federal, State, and County codes, standards, and manuals related to local government and public works projects including workplace safety, consultant selection, and budgeting and finance; construction and maintenance of streets, storm drains, water systems, sewers, beaches, traffic signal and systems, street lighting, and public buildings and facilities, and rights-of-ways; selection and contract administration of professional engineers, architects, and contractors; operating and capital improvement budgeting practices; principles of employee supervision,training, and evaluation. Ability to: Plan, organize and direct public works construction and maintenance activities related to engineering, subdivisions, private developments, streets, sewers, storm drains, water systems, traffic signal system, beaches public buildings and facilities; vehicle maintenance, and capital improvement projects; direct the selection, training, supervision, evaluation of departmental personnel; prepare and manage the departmental budget; communicate effectively with others, both orally and in writing; prepare and present administrative reports, recommendations and oral presentations to executive and advisory bodies; establish and maintain effective working relationships with staff, management, consultants, contractors, developers, governmental officials, public and private representatives, and others during the course of work. Education/Training/Experience: Bachelor's Degree from an accredited four-year college or university with a major in Public Administration, Civil Engineering or a related field is required. Eight years of professional, administrative and managerial experience involving public works construction and administration is required. Licenses, Certificates; Special Requirements: Ability to obtain a valid Class C California driver's license,acceptable driving record, and evidence of insurance. Ability to work extended hours in order to complete projects, attend meetings, and accommodate City needs. Director of Public Works Resolution Number 5963 EXHIBIT A Possession of a valid certificate of registration as a Professional Civil Engineer issued by the California State Board of Registration for Civil Engineers. PHYSICAL AND MENTAL DEMANDS The physical and mental demands described here are representative of those I that must be met by employees to successfully perform the essential functions of • this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Physical Demands While performing the duties of this class, the employee is required to sit, stand and walk. The sensory demands include the ability to talk, and hear, both in person and by telephone; use hands to finger, handle, feel or operate computer hardware and standard office equipment; and reach with hands and arms above and below shoulder level. The employee occasionally lifts and carries records and documents weighing less than 20 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. Mental Demands While performing the duties of this class, the employee is regularly required to use oral and written communication skills; read and interpret data; thoroughly analyze and solve problems; exercise sound judgment in the absence of specific guidelines; use math and mathematical reasoning; establish priorities and work on multiple assignments and projects concurrently; meet intense and changing deadlines given interruptions; and interact appropriately with staff, management, City officials, contractors, consultants, and public and private representatives, and others in the course of work. WORK ENVIRONMENT The employee frequently works in office conditions where the noise level is usually moderate, at and below 85 decibels. The employee occasionally attends meetings, conventions, City events, and other functions on behalf of the City, including evening and weekend hours. Driving to various City sites is required to complete work projects where the incumbent would encounter outside noise, dust,and debris. Director of Public Works