HomeMy WebLinkAboutCC AG PKT 2010-08-09 #AAGENDA STAFF REPORT
DATE: August 9, 2010
TO: Honorable Mayor and City Council
FROM: Robbeyn Bird, CPA
Director of Administrative Services /City Treasurer
SUBJECT: SALARY REPORT - CITY MANAGER (Miller)
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6036 approving Amendment No. 1 to
the employment contract between the City of Seal Beach and David Carmany.
BACKGROUND:
At the July 12, 2010 City Council meeting, Councilmember Miller requested that
a report outlining the salary of the City Manager be placed on the agenda.
On April 23, 2007, the City Council adopted Resolution No. 5544 (Attachment A)
with a 5 -0 vote appointing David Carmany as the City Manager and approving an
employment agreement ( "Contract ") - the starting salary was $14,583 per month
(Contract, Section 4.A - Base annual salary of $175,000).
Section 4. B (15) -Additional Benefits of the Contract provides:
"(15) Additional Benefits. Unless otherwise specified to the
contrary in this Agreement, City shall pay Employee such additional
benefits, including cost of living adjustments ( "COLA ") to
compensation, if any, as are afforded Management employees as
the same may be modified for all Management employees by
resolution of Council from time to time."
Thus, the City Manager is entitled, pursuant to the contract, to receive all benefits
and adjustments to compensation received by the Management Employees.
Pursuant to the Contract, the City Manager received the following increases to
his compensation:
On July 1, 2007, the City increased the City Manager's monthly salary to $15,750
per the Executive and Mid - Management Terms /Conditions of Employment ( "2006
Management Agreement ") unanimously adopted by the City Council on July 24,
2006 (Attachment B). Per Section 18.2 of the 2006 Management Agreement,
the Council conferred the following increases: "Effective the first payroll period in
July 2007, a 4% COLA and a 4% Market Equity Adjustment for Executive
Management and Elected Official." (See Attachment B - page 13)
Agenda Item A
Page 2
Effective July 1, 2008, the City increased the City Manager's monthly salary to
$16,333 per the same 2006 Management Agreement. Section 18.3 provides a
CPI adjustment capped at 5% "[e]ective the first payroll period in July 2008."
The Consumer Price Index (Attachment C) used to calculate the increase was
3.7 %.
Section 4. B (13) - Deferred Compensation Plan of the Contract provides:
"(13) Employee shall be entitled to participate in the City's deferred
compensation plan in accordance with the terms and conditions of
that plan as it now exists or as it may be changed from time -to -time
in the future. City shall contribute $288.46 per pay period to the
plan on behalf of Employee for a total of $7,500 per year. At the
sole discretion of Employee, this contribution may be increased
with a corresponding decrease in Employee's salary, or decreased
with a corresponding increase in Employee's salary, each on a
dollar for dollar conversion."
On October 15, 2008, the City Manager exercised this provision and converted
his annual deferred compensation of $7,500 into salary. With this conversion,
the City Manager's monthly salary became $16,958. (Attachment D)
On October 13, 2008, the City Council voted unanimously to adopt Resolution
No. 5787 authorizing the City Manager to execute a professional services
agreement with Creative Management Solutions, Inc. (CMS). CMS conducted a
classification and compensation study ( "Study ") to evaluate the City's job position
classification plan, compensation plan, the internal equity method for linking the
plans, and the studying of labor market data to gauge the City's relative
competitiveness with respect to the labor market. (Attachment E)
At the April 13, 2009 City Council meeting the results of the Study were
presented to the City Council. The City Council adopted Resolution No. 5853
approving the Terms and Conditions of Employment Between the City of Seal
Beach and Executive Management and Mid - Management Employees ( "2009
Management Agreement ") which included the recommended salary increases
with a vote of 4 -1 with Councilmember Miller voting no. (Attachment F - Minutes)
Exhibit 1 to the classification and compensation study report (see also Resolution
No. 5853) stated the City Manager's salary as "current" was $16,958 and
"adjusted" as $17,340. Due to 100% turnover in the human resources /personnel
department just prior to the commencement of this study, personnel inadvertently
submitted current total salary information to the consultant for CMS, from the
City's financial software program (Springbrook) and staff did not realize that the
City Manager's salary included the $7,500 in deferred compensation.
(Attachment G) Based upon the Study, the City Manager's salary (with the
converted deferred compensation) was increased to $17,965, effective April 13,
2009.
Page 3
On June 16, 2010 the City received an inquiry of the difference between the
2008 -09 Seal Beach pay range for the City Manager of $16,332.75 and the
Resolution No. 5853 Exhibit 1 which stated the "current" pay range as $16,958.
The Director of Administrative Services placed a telephone call to the consultant
of CMS to determine if this variance caused any difference in the resulting
recommended increase in base pay for the City Manager ($17,340). The
consultant assured staff that it did not change the amount of pay that the City
Manager is receiving based on Resolution No. 5853. The base salary ($17,340)
is the result of the market data compiled during his study which supports the fact
that compared to the market the City Manager was underpaid for his services.
Section 18.13 of the 2009 Management Agreement provides a CPI adjustment,
capped at 4 %, effective the first payroll period in July 2010. Using the applicable
index, the City increased the City Manager's salary by 1.9% to $17,669, effective
July 2010.
Section 18.0 of the 2009 Management Agreement provides a CPI adjustment,
capped at 4 %, effective the first payroll period in July 2011.
For bookkeeping purposes, staff recommends that Mr. Carmany's employment
contract be amended to memorialize each salary adjustment.
FINANCIAL IMPACT:
Approving the draft amendment has no financial impact because each of the
salary adjustments have already taken place by operation of law in accordance
with the employment contract, and have been budgeted.
RECOMMENDATION:
Adopt Resolution No. 6036 approving Amendment No. 1 to the employment
contract between the City of Seal Beach and David Carmany.
SUBMITTED BY: NOTED AND APPROVED:
Robbeyn 8frd, CPA David Carm y, City Manager
Director of Administrative Services/
City Treasurer
Attachments:
A. Resolution No. 5544 - Employment Agreement
B. Executive /Mid- Management Terms /Conditions of Employment
C. Consumer Price Index
D. Deferred Compensation Memo
E. Resolution No. 5787 - Agreement (Creative Management Solutions, Inc)
F. April 13, 2009 City Council Minutes
G. Exhibit 1 of Resolution 5853
H. Resolution No. 6036 - Amendment #1 to Employment Agreement
Attachment "A"
Resolution No. 5544
(Adopted 04/23/07 - Appointing David Carmany
City Manager)
and
Employment Agreement
RESOLUTION NUMBER $544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPOINTING DAVID CARMANY AS CITY
MANAGER AND APPROVING AN EMPLOYMENT
AGREEMENT BETWEEN THE CITY AND MR. CARMANY
The City Council of the City of Seal Beach hereby resolves as follows:
SECTION 1. The City Council hereby appoints David Carmany as City
Manager and approves that certain employment agreement ("Agreement') dated April
23, 2007 between the City and Mr. Carmany.
SECTION 2. Pursuant to Seal Beach City Charter § 603, and Gov. Code § 36506
if applicable to charter cities, the City Council hereby establishes the compensation of the
City Manager in the amount set forth in Section 4 of the Agreement.
SECTION 3. The Mayor shall execute the Agreement on behalf of the City.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED AND ADOPTED BY THE City Council of Seal Beach,
at a meeting hereof held on the 23rd day of April 2007 by the
following vote:
i �
N OES: • i :E• i•.i
C OUNCHMIMERS
ABSTAIN: • i E t: dj./i3.
ATTEST:
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that
the foregoing resolutions is the original copy of Resolution Number 5544 on file in the
office of the City Clerk, passed, approved an adopted by the City Council of the City of
Seal Beach at a regular meeting hereof held on the 23rd day of April __ , 2007.
City IMerk
EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SEAL BEACH AND DAVID CARMANY
RECITALS
A. The City of Seal Beach ( "City ") desires to hire a City Manager and Executive Director for
the Seal Beach Redevelopment Agency ("Agency").
B. David Carmany ( "Employee ") represents that he is qualified to perform the duties of City
Manager for the City and Executive Director for the Agency.
C. City and Employee wish to enter into an Employment Agreement that sets forth the rights
and obligations of the parties.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein
contained, City and Employee agree as follows:
L TERM Employee shall commence his service on June 4, 2007 which shall
also be deemed the effective date of this Agreement. The term of this Agreement shall be
indeterminate, subject to Section 7 of this Agreement.
2. DUTIES AND AUTHORITY Employee shall exercise the powers and
perform the duties of the position of City Manager and Executive Director of the Seal Beach
Redevelopment Agency as set forth in the City Charter, City Municipal Code, Agency by -laws,
personnel rules, regulations and procedures and City Manager and Executive Director job
descriptions, as each of them currently or may in the future exist. Employee shall exercise such
other powers and perform such other duties as City, by the City Council, may from time to time
assign.
3. EMPLOYEE'S OBLIGATIONS Employee shall devote his full energies,
interest, abilities and productive time to the performance of this Agreement, and utilize his best
efforts to promote City's interests. Employee shall not engage in any activity, consulting service
or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or
inimical to, or which materially interferes, with his duties and responsibilities to City.
Seal Beach City Manager Contract - Car many - 1 -
r
4. SALARY AND BENEFITS
A. Base Sal . City shall pay Employee an annual base salary of $175,000.00. At
its sole discretion, the City Council shall consider merit adjustments commensurate with
Employee's performance in accordance with the evaluation process pursuant to Section 5 of this
Agreement. Employee's salary shall be subject to withholding and other applicable taxes, and
shall be payable to Employee at the same time as other employees of City are paid. Employee
shall be exempt from the overtime pay provisions of California and federal law.
B. Employment Benefits In addition to base salary, City shall provide to Employee
the following benefits:
(1) Holidays Employee shall be entitled to the holidays generally available to
other exempt employees of City. Employee's salary includes holiday pay. Accordingly,
Employee shall not be entitled to any additional salary or compensation for working on a holiday.
(2) Sick Leave As of the effective date of this Agreement, the Employee shall
be deemed to have accrued forty (40) hours of sick leave with City. Employee shall receive the
same sick leave benefits, under the same terms and conditions, as are generally applicable to
other management employees.
(3) Vacation Leave As of the effective date of this Agreement, the Employee
shall be deemed to have accrued eighty (80) hours of vacation leave with City. Employee shall
receive the same vacation leave benefits, under the same terms and conditions, as are generally
applicable to other management employees with 10 years of service. Vacation leave shall be
scheduled with the City Council at least two weeks in advance. Once each calendar year,
Employee may elect to receive cash compensation equal to his then current base salary rate in
lieu of up to a maximum of 80 hours of accrued but unused vacation leave.
(4) Group Medical. Life and Dental Insurance During the term of his
employment, Employee and his eligible dependents shall participate in the City's group medical,
life and dental insurance plans in accordance with the terms and conditions of such plans as they
now exist or as they may be changed from time -to -time in the future. The City shall pay 100% of
all premiums on behalf of Employee and his eligible dependents.
(5) Automobile
a. City shall provide to Employee a monthly automobile allowance of
$500.00. Such amount is designed to reimburse Employee for all costs associated with the use of
Employee's automobile for City business, including but not limited to all applicable costs of
automobile liability insurance, maintenance, operating expenses, depreciation and interest.
b. Employee shall maintain all records required by applicable California and
federal law concerning use of such automobile, including without limitation records to
substantiate personal and City - related use of such automobile.
C. Employee currently has an automobile liability insuran policy with
Seal Beach City Manager Contract - Carmany -2-
$100,000/300,000 /50,000 maximum coverage, combined single limit coverage against any
injury, death, loss or damage as a result of wrongful or negligent acts arising out of the operation
of the automobile. Unless otherwise required by the City, Employee will maintain a policy with
such coverage and limits throughout the term of this Agreement. If City requires Employee to
secure and maintain an insurance policy with greater coverage than said coverage set forth in the
insurance policy currently insuring Employee, and as a result of such requirement, Employee's
premium cost for such policy containing greater coverage is higher than the premium cost of his
insurance policy, City shall pay the difference. Employee shall name City, and its Council
members, officials and employees as additional insured on his policy; and deliver to City copies
of such insurance endorsements and certificate of insurance. Such insurance policy shall provide
that the insurance coverage shall not be canceled, reduced or otherwise modified by Employee or
by Employee's insurance carrier without at least 3 0 days prior written notice, served on City
personally by said insurance company.
(6) Retirement Plan Employee shall be covered by the Public Employees
Retirement System Plan applicable to miscellaneous employees of City in accordance with the
terms and conditions of that plan as it now exists or as it may be changed from time -to -time in
the future. City shall pay 100% of Employee's retirement contribution.
(7) Bereavement Leave Employee shall be eligible for bereavement leave as
generally available to other management employees of City.
(8) Laptop Computer; Cellular Phone and Internet Service At no cost to
Employee, City shall provide Employee with the use of a City -owned laptop computer. In
addition, City shall provide Employee with a $150 per month allowance for cell phone and
Internet charges incurred in the performance of his official city business and duties.
(9) Long Term Disability Insurance City shall provide Employee with a term
life insurance policy, accidental death insurance and long -term disability insurance with the same
terms provided to other management employees.
(10) Expenses and Dues Provided the City Council has previously budgeted
for such expenses, City shall pay all reasonable and necessary business expenses, including dues
and subscriptions in local civic organizations, upon Employee's submittal of invoices in
accordance with City's standard reporting practice.
(11) Professional Development and Business Promotion City shall pay all
reasonable and necessary business expenses, including travel, conference, meals, lodging and
meeting expenses incurred in continuing education within the state in accordance with the
Municipal Code, as amended from time to time, City Resolutions and state law applicable to
charter cities. Upon prior City Council approval, City shall pay all reasonable and necessary
business expenses, including travel, conference, meals, lodging and meeting expenses incurred
outside., the state. Upon prior board approval, the Agency shall pay all reasonable and necessary
busines expenses, including travel, conference, meals, lodging and meeting expenses incurred to
Seal Beach City Manager Contract - Carmany -3-
attract, maintain and retain development to locate in or relocate to the City.
(12) Bondinsr City shall bear the full costs of any fidelity or other bonds
required of Employee under any law, City Charter provision, City ordinance or Agency
resolution by virtue of his employment as City Manager or Executive Director.
(13) Deferred Compensation Plan Employee shall be entitled to participate in
the City's deferred compensation plan in accordance with the terms and conditions of that plan as
it now exists or as it may be changed from time -to -time in the future. City shall contribute
$288.46 per pay period to the plan on behalf of Employee for a total of $7500.00 per year. At the
sole discretion of Employee, this contribution may be increased with a corresponding decrease in
Employee's salary, or decreased with a corresponding increase in Employee's salary, each on a
dollar for dollar conversion.
(14) Designation of Recipients Pursuant To Government Code Section 53245
Employee may file with the City a designation of a person who, notwithstanding any other
provision of law, shall, on the death of Employee, be entitled to receive all warrants or checks
that would have been payable to Employee had he survived. Employee may change the
designation from time to time. Any person so designated shall claim such warrants or checks
from the City. On sufficient proof of identity, the City shall deliver the warrants or checks to the
claimant. A person who receives a warrant or check pursuant to this section is entitled to
negotiate it as if he or she were the payee.
(15) Additional Benefits Unless otherwise specified to the contrary in this
Agreement, City shall pay Employee such additional benefits, including cost of living
adjustments ("COLA") to compensation, if any, as are afforded Management employees as the
same may be modified for all Management employees by resolution of Council from time to
time.
(16) Relocation Allowance As a result of accepting the position as City
Manager with the City of Seal Beach, Employee will have to relocate from his current residence
in Ohio. In consideration for said relocation, the City agrees to pay Employee a one -time
payment of $15,000 for relocation on the first day of residence at his new home.
C. No Reduction in Benefits City shall not at any time during the term of this
Agreement reduce the salary or benefits of Employee, except to the degree of such reduction
across- the -board for other management employees of the City.
5. ANNUAL EVALUATIONS On or before June 30 of each year, the City
Council may conduct an evaluation of Employee's performance. During that evaluation, City
Council and Employee shall mutually establish performance goals and objectives to be met by
Employee during the following year. In addition, the City Council may, but is not required, to
review Employee's salary and benefits as part of the evaluation process or at any other time.
Seal Beach CRy Manager Contract - Carmany -4-
6. INDENERMCATION Except as otherwise permitted, provided,
limited or required by law, including without limitation California Government Code Sections
825, 995, and 995.2 through 995.8, the City will defend and pay any costs and judgments
assessed against Employee arising out of an act or omission by Employee occurring in the course
and scope of Employee's performance of his duties under this Agreement.
7. AT -WILL EMPLOYMENT RELATIONSERP
A. Employee is employed at the pleasure of the City Council, and is thus an at -will
employee. The City Council may terminate this Agreement and the employment relationship at
any time without cause. Nothing in this Agreement shall prevent, limit or otherwise interfere
with the right of the City to terminate the employment of Employee. City shall pay Employee for
all services through the effective date of termination. In addition, Employee shall receive
severance to the extent provided in Section 8 and shall receive no other compensation or
payment.
B. Prior to termination, City shall substantially comply with City Charter Section 607
and provide Employee written notice of termination at least 30 days before the effective date of
the termination pursuant to Seal Beach Municipal Code Section 3.15.015, unless Employee has
engaged in corrupt or willful misconduct in office or any illegal act involving personal gain or is
convicted of any felony or any misdemeanor involving moral turpitude. In such case the
effective date of the termination is the date upon which City serves the notice of termination
upon Employee.
8. SEVERANCE
A. If City terminates this Agreement (thereby terminating Employee's employment
with City) without cause during the term of this Agreement, City shall:
(1) Pay Employee an amount equal to his then - monthly base salary for a period of
twelve months, less interim compensation to which Employee becomes entitled to during
the twelve -month period following his termination. Employee shall use his best efforts
and due diligence to secure employment with, become an independent contractor for, or
otherwise provide services for compensation, for, any person, organization or entity, other
than City; and
(2) Provide at no cost to Employee the medical and dental insuran benefits
provided by Section 4. B (4) herein and the deferred compensation provided by Section 4.
B (13) herein for twelve months, or until Employee secures other employment, whichever
occurs first.
B. Notwithstanding any other provision or the term of this Agreement, the maximum
severance and health benefits that Employee may receive under this Agreement as a result of
termination, shall not exceed the limitations provided in Government Code §§ 53260 - 53264.
Seal Beach City Manager Contract - Cannany -5-
C. As used in this Agreement, the term "interim compensation" shall include, but not
be limited to: compensation, in any form, to which Employee is entitled from employment other
than employment with City; compensation, in any form, to which Employee is entitled to as an
independent contractor; and compensation, in any form, from any source, including, without
limitation, unemployment and disability insurance, from any person, entity or source, to which
Employee is otherwise entitled. Interim compensation shall not include retirement benefits or
any payment received from the California Joint Powers Insurance Authority. Upon City's
request, Employee shall promptly provide City with documentary evidence of interim
compensation.
D. Employee shall not be entitled to severance pay:
(1) If Employee terminates this Agreement; or
(2) If City terminates this Agreement for cause for any of the following
reasons:
a. Employee refuses or fails to perform the powers and duties of the City
Manager as specified in the City Charter or Municipal Code or the powers and duties of the
Executive Director of the Agency as specified in the Agency By -Laws or any Agency Resolution;
b. Employee has engaged in: corrupt or willful misconduct in office, any
illegal act involving personal gain or willful malfeasance constituting grounds for removal from
office due to an indictment of the grand jury; or is convicted of any felony or any misdemeanor
involving moral turpitude. In no event shall a minor traffic offense or moving violation be
considered a misdemeanor involving moral turpitude. In the event Employee is under
investigation for any of the foregoing reasons, City may withhold part or all of any severance
payment, until it is determined if charges will be filed, and if charges are filed, until final
judgment is rendered. If charges are not filed, or if Employee is found innocent, City shall pay
any severance to which Employee is entitled; or
C. Employee breaches this Agreement, including, without limitation, any
provision set forth in Section 2, "Duties and Authority," of this Agreement.
9. INTEGRATION OF AGREEMENT This Agreement contains the entire
Agreement between the parties and supersedes all prior oral and written agreements,
understandings, commitments, and practices between the parties concerning Employee's
employment. Each party to this Agreement aclmowledges that no representations, inducements,
promises or agreements, oral or written, have been made by any party, or anyone acting on behalf
of any party, which are not embodied herein, and that no other agreement, statement, or promise
not contained in this Agreement shall be valid or binding on either party.
10. METHOD OF AMENDMENT Amendments to this Agreement are effective
only upon City Council and Employee written approval.
11. NOTICES All notices pertaining to this Agreement shall be sent to:
EMPLOYEE: David Carmany
5680 Loch Broom Circle
Seal Beach City Manager Contract - Carrnany -6-
Dublin, Ohio 43017
CITY: City Clerk
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Such notice shall be deemed made when personally delivered, transmitted by facsimile, or
when mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
12. GENERAL PROVISIONS
A. If any provision of this Agreement is held invalid or unenforceable, the remainder
of this Agreement shall nevertheless remain in full force and effect. If any provision is held
invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in
M force and effect in all other circumstances.
B. This Agreement shall be interpreted and construed pursuant to and in accordance
with the local laws of the State of California and all applicable City Codes, Ordinances and
Resolutions.
Executed by the parties as of the date below at Seal Beach, California.
City of Seal Beach
EMPLOYEE
• � 6.
Mayor
Date: Z/— 2 3-e 7
-V '33- 7
APPROVED AS TO FORM
CiYy Clerk
B c
Quin�MB w, City Attorney
Seal Beach City Manager Contract - Caneany -7-
Attachment "B"
Executive/Mid-Management
Terms /Conditions of
Employment
Resolution No. 5482
Adopted July 24, 2006
Exhibit `B"
Adopted by Resolution Number 5482
EXECUTIVE /MID- MANAGEMENT
TERMS & CONDITIONS OF
EMPLOYMENT
1
FISCAL YEARS
2006-2009
EXPIRES ON JUNE 30, 2009
1
EXECUTIVE/MID- MANAGEMENT
TERMS & CONDITIONS OF EMPLOYMENT
TABLE OF CONTENTS
Page Number
SECTION 1. MANAGEMENT RIGHTS ........................................... ............................... 4
SECTION 2. INSURANCE PROGRAMS .......................................... ............................... 4
A. Health and Dental
B. Life Insurance
C. Income Continuation
SECTION 3. RETIREE HEALTH PLAN .......................................... ............................... S
SECTION 4. SICK LEAVE .................................................................. ............................... 6
' SECTION
A.
B.
C.
D.
E.
F.
S. LEAVES OF ABSENCE ................................................ ............................... 6
Authorized Leave of Absence Without Pay
Bereavement Leave
Military Leave of Absence
Pregnancy Disability Leave of Absence
Family Leave
Catastrophic Leave
SECTION6. VACATION ..................................................................... ............................... 8
SECTION 7. HOLIDAYS .................................................................... .............................10
SECTION & RETIREMENT SYSTEM ........................................... ............................... 10
I SECTION 9. PROVISIONAL APPOINTMENTS ............................ .............................10
SECTION 10. SENIORITY BONUS ................................................ ............................... 11
SECTION 11. AUTOMOBILES AND MiLEAGE .......................... ............................... 1 I
SECTION 12. MOBILE PHONE ALLOWANCE ........................... ..............................1 l
2
SECTION 13. ADMINISTRATIVE LEAVE ..................................... .............................11
SECTION 14. MUTATIONS ............................................................ .............................11
SECTION 15. DEFERRED COMPENSATION ............................... ............................:11
SECTION 16. BEUNGUAL COMPENSATION ............................... .............................12 '
SECTION 17. WORK SCIIEDULE ....:.............................................. .............................12
SECTIONI& SALARIES ................................................................... .............................12
SECTION 19. EDUCATION REIMBURSEMENT .......................... .............................13
SECTION20. TERM ............................................................................. .............................13
1
1
TERMS & CONDITIONS OF EMPLOYMENT
FOR
MANAGEMENT AND MID- MANAGEMENT EMPLOYEES
WITH
THE CITY OF SEAL BEACH
' SECTION 1. MANAGEMENT RIGHTS
The City reserves, retains and is vested, solely and exclusively, with all rights of
Management which have not been expressly abridged by specific provisions of this
Resolution of Compensation, as such rights existed prior to the execution of this
Resolution.
SECTION 2. INSURANCE PROGRAMS
A. Health and Dental
1. The City shall provide for full -time employees and eligible retired
employees a group hospital, medical and dental insurance plan
2. The City shall contribute to the cost of each medical/dental plan for each
eligible employee and their dependents, up to the following amounts:
Effective January 1, 2006:
For single employees: $560 /month
For employee and I dependent $859 /month
For employee and 2 or more dependents $1,087/month
Effective January 1, 2007, and every January 1st during the term of this agreement, the
City shall increase the contribution amounts above by the percentage of increase for basic
plans published in the Ca1PERS circular letter setting health insurance premiums for the
coverage year.
Employees enrolled in the plan are required to pay any premium amounts in excess of the
above City contribution. Such amounts will be deducted from the affected employee's
payroll check on the first two (2) pay periods for each month.
3. Effective January 1994, and included in the contributions listed above, a
maximum of sixteen dollars ($16) per employee per month is paid by the City of Seal
Beach to the Public Employees Retirement System (PERS) Health Program premium on
behalf of the employee. SB 1464 became effective January 1, 2003, and incrementally
increases the minimum employer contribution for agencies participating in the Public
Employees Medical and Hospital Care Act from sixteen dollars ($16) per month per
employee/retiree to a maximum of ninety -seven dollars ($97) per month by year 2008.
4. Employees that elect to waive enrollment in the medical and dental plans,
' and show proof of medical coverage under a non -City medical insurance plan, are
eligible to receive two hundred fifty dollars ($250) per month. Election forms available
in Personnel Office.
5. Part-time, seasonal, provisional and/or hourly employees shall not be
eligible for participation in this program.
6. No person who is eligible to receive Worker's Compensation benefits is
eligible to receive benefits from the City's group medical insurance.
4
7. Full -time employees of the City who have completed thirty (30) days of
uninterrupted service shall be enrolled in this insurance program on the first (1st) day of
the next succeeding month.
8. Employees who change classification from full -time to part -tune
provisional, hourly or seasonal shall not be eligible for this benefit.
9. City shall not pay premiums for any employee on leave of absence without
pay, who is absent from regular duties without authorization during the month and/or for
any employee who has terminated from City employment for any reason. City shall pay
premiums for employees receiving temporary payments from Workees Compensation
Insurance.
B. Life Insurance
All employees incumbent in position classifications listed in Section 18 shall receive a
fifty thousand ($50,000) life insurance policy paid by the City. Said insurance shall
become effective after the employee has completed thirty (30) days of uninterrupted
service with said employee to be enrolled in the program on the first (1st) day of the next
succeeding month.
C. Income Continuation
All employees incumbent in position classifications listed in Section 18 shall
receive an income continuation policy to provide for income continuation of sixty-six and
two -thirds Percent (66.67 %) of the employee's monthly salary, up to a maximum of five
thousand dollars ($5,000) per month, whichever is lesser. Said insurance shall become
effective after the employee has completed thirty (30) days of uninterrupted service with
said employee to be enrolled in the program on the first (1st) day of the next succeeding
month. Said income continuation shall commence on the thirty -first (31st) day of
sickness or other bona fide absence or upon expiration of sick leave, whichever occurs
later, and continuing thereafter while the employee is absent from work for a period of up
to age sixty -five (65).
SECTION 3. RETIREE HEALTH PLAN
A All full-time employees incumbent in position classifications specified in Section
18 of this Resolution shall have the option upon retirement, through the Public
Employees Retirement System Health Program (PERS), to continue participation in the
City's health insurance program at the employee's expense.
B. All full -time incumbents in Executive Management position classifications with
twenty (20) or more years of combined employment with the City shall upon retirement
be provided with individual and eligible dependent health insurance coverage through the
PERS Health Program.. The City shall contribute to the cost of the selected coverage
consistent with the appropriate level as specified in Section 2.A.2 of this Resolution.
C. All full -time incumbents in Mid - Management classifications with twenty (20) or
more combined years of employment with the City shall, upon retirement, be provided
with individual health insurance coverage through the PERS Health Program. If said
employee has thirty (30) or more combined years of employment with the City upon
retirement, eligible dependent health insurance coverage shall also be provided through
the PERS Health Program. The City shall contribute to the cost of the selected coverage
consistent with the appropriate level as specified in Section 2 -A.2 of this Resolution.
D. An employee with a service retirement and who is eligible to receive retiree
health insurance per Section 3, B & C of this exhibit, may also receive an increase to the
health insurance cap in effect at the time of his/her retirement (not to exceed one hundred
seventy-five dollars ($175) per month in additional contributions), until Medicare begins
at age sixty -five (65) with lower supplemental insurance rates. This additional
contribution to the cap will accommodate increases in health insurance plans over the
term of the employee's retirement.
E. Swom police personnel identified in Section 18 shall be subject to the retiree
health plan contained in the Memorandum of Understanding (MOU) with the Seal Beach
Police Officer's Association.
F. In all cases, the City's contribution for eligible dependent coverage for retirees
' shall terminate with the death of the retiree.
G. In the event an eligible retired employee resides in an area where the health plans
provided by the City are not in effect, that retired employee shall be entitled to receive in
cash each month an amount equal to the monthly contribution the City would otherwise
have contributed to that retired employee toward health and dental insurance premiums.
SECTION 4. SICK LEAVE
A. Effective July 1, 1997, all full -time employees covered by this resolution shall
accrue sick leave at the rate of one (1) day per month (8 hours). Effective July 1, 1999,
maximum accrual of sick leave hours shall be five hundred twenty (520) hours.
B. Existing sick leave balances which have remained intact and have not been
converted to leave time may be utilized by the employee for sick leave purposes only.
C. Upon termination of employment with the City, all leave hours will be paid to the
employee at the employee's base rate of pay. Existing sick leave balances, which have
remained intact and have not been converted to leave time, will be paid to the employee
upon termination at one - quarter (25 %) of the employee's base rate of pay.
D. Employees who are on authorized leaves of absence, without pay, shall not accrue
sick leave hours during said leaves of absence.
SECTION 5. LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head's recommendation and approval of the City
Manager, an employee may be granted a level of absence without pay in cases of an
emergency or where such absence would not be contrary to the best interest of the City,
for a period not to exceed one hundred eighty (180) working days per Government Code.
2. Upon written request of the employee, the City Council may grant a leave
of absence, with or without pay, for a period not to exceed one (1) year.
3. At the expiration of the approved leave, after notice to return to duty, the
employee shall be reinstated to the position held at the time leave was granted. Failure on
the part of the employee to report promptly at such leave's expiration and receipt of
notice to return to duty shall be cause for discharge.
' 4. During any authorized leave of absence without pay, an employee shall
not be eligible to accumulate or receive fringe benefits, except as specifically provided
for in this MOU, except that the City shall contribute to an employee's medical and dental
health plan, disability insurance plan, life insurance plan for the first (1st) thirty (30) days
of leave of absence.
B. Bereavement Leave
The City agrees to provide forty (40) hours bereavement leave with pay for death in the
immediate family. The bereavement leave shall not be chargeable to or accumulate as
sick time. "Immediate family" is defined as spouse, the father, mother, son, daughter,
brother, sister, grandparents, grandchild, step - mother, step - father, mother -in -law, father -
in -law, domestic partner, or dependent relatives living with the employee.
C. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of State
law. All employees entitled to military leave shall give the Department Head an
opportunity within the limits of military regulations to determine when such leave shall
be taken. Whenever possible, the employee involved shall notify the Department Head of
such leave request ten (10) working days in advance of the beginning of the leave. 1
2. In addition to provision of State law, the City shall continue to provide
eligible employees on military leave, the current health benefits (medical, dental,
disability and life insurance and retirement, (if applicable) for the first (1st) three (3)
months of military leave. During said period, the employee shall be required to pay to the
City the same co- payments as required of other employees. After the first (1st) three (3)
months of military leave, the employee may continue said benefits at his cost.
D. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a
pregnancy disability leave as provided by the State of California and the Federal Family
Medical Leave Act. The employee may elect to take a lesser period of leave.
2. Disabilities arising out of pregnancy shall be treated the same as other
temporary disabilities in terms of eligibility for, or entitlement to, leave with or without
pay -
E. Family Leave
Upon a demonstration of need and subject to the following conditions, an employee may ,
take leave or unpaid leave to care for his newborn infant, whether through parentage or
adoption, or to care for a seriously ill or injured member of the employees "immediate
family" as defined in Article XIV.
1. Proof of the birth or adoption of a newborn infant or the serious
illnesslinjury of the family member must be submitted to the City.
2. Requests for family leave must be submitted in writing to the employee's
supervisor at the earliest possible date proceeding the time when the leave is to begin.
3. Operational needs of the City shall be relevant in determinations regarding
the granting of family leave in accordance with the provisions of State and Federal
Family Leave laws.
4. In the event of an extended family leave, the employee may be required to
periodically report on the status of the situation giving rise to the leave.
5. Family leave may be granted only upon the recommendation of the
Department Head and approval of the City Manager consistent with the provisions of
State and Federal Family Leave laws.
6. A maximum of four hundred (400) working hours of family leave in any '
combination of sick leave and unpaid leave may be taken during any two (2) year period
unless a greater amount is prescribed by state or federal law.
F. Catastrophic Leave
The purpose of the Catastrophic Leave Pool is to enable full time employees to receive
and donate vacation, administrative leave, and Compensatory Time Off (CTO) leave
credits on an hour for hour basis to assist employees who have no leave and who will
suffer a financial hardship due to prolonged illness or injury to themselves or a member
of their immediate family. Sick Leave is excluded from this program.
The following conditions shall apply to Catastrophic Leave:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
2. The leave pool shall be administered by the Finance Department.
3. Employees must be in regular full -time appointed positions to be eligible
for catastrophic leave.
4. Employees receiving Long -Tenn Disability payments are excluded from
this program.
5. All donations are to be confidential, between the donating employee and
the Finance Department.
6. Employees donating to the pool must have forty (40) hours of paid leave
available after making a donation.
7. Donating employees must sign an authorization, including specifying the
specific employee to be a recipient of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the City
from taking action to medically separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family
' member may requite medical justification as evidenced by a Physician's Statement that
the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's condition.
SECTION 6. VACATION
A. All Mid - Management employees who shall have at least one (1) year's continuous
service as a full -time employee immediately proceeding shall be given a vacation of
approximately eighty (80) hours with pay each year.
B. Executive Management employees who shall have at least one (1) year's
continuous service as a full time employee immediately preceding shall be given a
vacation of approximately one hundred twenty (120) hours with pay each year.
Executive Management employees shall be entitled to eight (8) additional hours of
vacation for each year of full -time continuous service each year thereafter.
C. All Mid- Management employees, who shall have at least five (5) years of
continuous service shall be entitled to eight (8) additional hours of vacation for each year
of full -time continuous service in excess of five (5) years.
The vacation accrual schedule for Mid - Management employees is as follows:
Years Vacation Hourly Accrual Annual Maximum
Service Hours Rate Per Pay Vacation Vacation
Earned Period Bi- Weekly Hours Accrual
1
80
3.0769
80
160
2
80
3.0769
80
160
3
80
3.0769
80
160
4
80
3.0769
80
160
5
80
3.0769
80
160
6
88
3.3846
88
200
7
96
3.6923
96
200
8
104
4.0000
104
200
9
112
4.3076
112
200
10
120
4.6153
120
200
11
128
4.9230
128
240
12
136
5.2307
136
240
13
144
5.5384
144
240
14
152
5.8461
152
240
15
160
6.1538
160
240
C. Employees of the City considered as hourly, part -time and/or seasonal employees
shall not be eligible for paid vacations.
D. Employees who have authorized leaves of absence without pay shall not
accumulate vacation credits or pay during said leave of absence.
E. All full -time employees shall only be allowed to accrue a maximum of three
hundred twenty (320) hours of vacation. This maximum can only be exceeded with
approval of the City Manager.
F. Employees are encouraged to use at least the amount of vacation hours earned
each fiscal year. Those employees who have been credited in excess of the maximum
vacation accrual allowed are expected to use a portion of the excess as leave time, in
addition to other vacation time, each year until the maximum accrual is met. The City
recognizes that a number of long -term employees have accrued substantially more leave
time than shorter -tern employees, and that it will likely take them significantly longer to
achieve the maximum accrual level. It is the intent of this section to balance the personal
interests of the employee with the financial concerns of the City, as such, significant
progress toward reaching the maximum accrual amounts may be deemed a success.
G. Vacation leave time shall not be approved until such time as it has been tamed,
unless prior, special arrangements have been made with the City Manager. The time at
which an employee shall take vacation leave shall be requested by the employee prior to
the start of the vacation leave period. Such vacation leave to be taken shall be subject to
the prior approval of the Department Head, or designee, subsequent to consideration of
the departmental workload and other staiTing considerations, such as but not limited to,
the previously approved vacation schedule of other employees, sick leave and position
vacancies.
H. Not more than once in each fiscal year, an employee who has completed at least
one (1) year of continuous service shall, upon request, receive compensation for up to
fifty (50) hours of accrued vacation time provided that the employee has taken an equal
amount of vacation time off within that fiscal year.
1
1
LI
SECTION 7. HOLIDAYS
A. All employees incumbent in position classifications listed in Section 18 shall be
granted the following holidays with pay:
New Year's Day
(January 1)
Martin Luther King Day
(3rd Monday in January)
Washington's Birthday
(3rd Monday in February)
Memorial Day
(Last Monday in May)
'
Independence Day
(July 4)
Labor Day
(1 st Monday in September)
Veteran's Day
(November 11)
Thanksgiving Day
(4th Thursday in November)
The Calendar Day following Thanksgiving Day
Christmas Eve
(December 24)
Christmas Day
(December 25)
Floating Holiday
A total of twelve (12) holidays annually.
SECTION 8. RETIREMENT SYSTEM
A. The retirement program provided by the City shall consist of a pooled Public
Employee's Retirement System (PERS) plan which includes the following provisions:
Section 20024.2 One (1) Year Final Compensation
Section 20862.9 Credit of Unused Sick Leave
Section 20930.0 Military Service Credit
1 B. The City shall pay that portion of the affected employee's retirement contribution
that is equal to seven percent (7%) of the affected employee's base salary.
C. All employees incumbent in Police and Lifeguard position classifications listed in
Section 18 shall participate in the three percent at fifty (3% at 50) formula plan for Local
Safety Members.
D. Effective November 1, 1995, the City shall include PERS Section 21251.32 - two
percent at fifty -five (2% Q 55) for miscellaneous members.
SECTION 9. PROVISIONAL APPOINTMENTS
An employee, when authorized by the City Manager, may receive a provisional
appointment to a higher classification to fill a temporary vacancy. The employee, when
so appointed, must perform the duties and assume the responsibilities of the higher
classification for one hundred and twenty (120) consecutive working hours and shall be
paid according to the step in the assigned salary range of the new position which is next
higher than the salary received before the provisional appointment.
When necessary and in the best interest of the City, the City Manager may provisionally
' assign an employee to a higher level of duty and responsibility than provided for in the
employee's assigned classification which is not otherwise a part of an adopted
classification. In the case of such an assignment, the employee must perform the higher
level of duties for eighty (80) consecutive working hours thereafter the employee shall
receive additional compensation of five percent (5 0 /6) so long as the assignment is
authorized by the City Manager.
10
SECTION 10. SENIORITY BONUS
Employees who have achieved ten (10) years of uninterrupted employment with the City
shall receive a five percent (5 %) increase in base salary effective on the tenth (10th)
anniversary of their employment. Sworn police personnel are exempt from this section.
SECTION 11. AUTOMOBILES AND MILEAGE
A. Officers and employees of the City, utilizing their privately-owned automobiles
for City business on a non - regular basis, shall be entitled to reimbursement for costs
incurred at the rate established by Internal Revenue Service (IRS).
B. Incumbents in the following positions will receive a monthly automobile
allowance of one hundred fifty dollars ($150) in lieu of the above- stated mileage
reimbursement: Assistant City Manager, Director of Public Works /City Engineer,
Director of Administrative Services, City Clerk, and Director of Development Services.
The Maintenance Services Manager, Lifeguard Captain, and Chief of Police positions
will receive a monthly automobile allowance of one hundred fifty ($150) dollars or the
use of a City vehicle, as approved by the City Manager.
SECTION 12. MOBILE PHONE ALLOWANCE
Incumbents in the following positions will receive a monthly mobile phone allowance of
seventy-five dollars ($75) per month: Assistant City Manager, Director of Public
Works/City Engineer, Director of Administrative Services, City Clerk, Director of
Development Services, and Chief of Police.
SECTION 13. ADMINISTRATIVE LEAVE 1
A. All incumbents in Executive Management and Mid - Management position
classifications, unless otherwise specified, shall be entitled to three (3) days of
administrative leave each fiscal year.
B. Administrative leave days may not be carried forward to succeeding years nor
may they be turned in for cash value.
SECTION 14. LIMITATIONS
A. No employee who is eligible to receive Workers' Compensation is eligible to
receive overlapping benefits (except life insurance) stated in this resolution.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this resolution, or uniform allowance, supplemental pay of any type
and/or type of bonus on behalf of or to any employee who has been absent without
authorization during said month or for any employee who has terminated for any reasons
whatsoever or who is on leave of absence without pay of who is suspended from duties
without pay.
SECTION 15. DEFERRED COMPENSATION
A. The City shall contribute the equivalent to three and one-half percent (3.5 %) of
base salary per payroll period into a deferred compensation program for each incumbent
in the Executive Management and Mid - Management position classifications.
11
SECTION 16. BILINGUAL COMPENSATION
A. Upon the recommendation of a Department Director, the City Manager may
award a bilingual compensation bonus of fifty -two and one -half dollars ($52.50) per
payroll period to those employees in positions determined to require bilingual skills.
B. The City Manager shall require the taking of competency tests to certify the
employee as eligible for bilingual compensation based on the employee's proficiency in
® speaking the language determined to be required. Such certification shall be a condition
precedent to qualifying for bilingual pay.
SECTION 17. WORK SCHEDULE
At the discretion of the City Manager, work schedules may be altered as needed to meet
the service demand levels of the residents of the City of Seal Beach.
SECTION I& SALARIES
Effective the first payroll period in July, 2006:
Executive Manaeement
Four percent (4 %) COLA and a four percent (4 0 /6) Market
Equity.
Position
Ranee
Market Equity
City Manager
—
4%
Assistant City Manager
500 -01
4%
Chief of Police
700-01
4%
Director of Administrative Services
600-01
4%
Director of Public Works
600 -01
4%
Director of Development Services
610-01
4%
Elected Official
Four percent (4 %) COLA and a four percent (4 0 /9) Market
Equity.
Position
Ranee
_Market P4uity
City Clerk
200 -01
4 0 /6
Mid - Manaeement
Four percent (4 %) COLA and zero percent - seven percent (0% - 7 %) Market Equity,
depending on classification.
Position
Range
Market Eauiri
Assistant City Engineer
500 -01
6%
Maintenance Services Manager
510 -01
7%
Administrative Services Manager
520-01
0%
Marine Lifeguard Captain
530-01
2%
Senior Planner
530-03
7%
Associate Engineer
540-01
0 0 /0
The ranges for the following new position are set at Market Equity. No COLA or Market
Equity for FY 06-07.
Position
Range
Market Egnit_v
Accountant
550-01
0 0 /0
Budget Analyst
550 -02
0%
Support Services Manager
530-04
0%
12
The following positions were reclassified by the City Council on April 24, 2006. The
ranges for these positions are amended to reflect the new classification.
Position Ranee Market Equity
"Marine Lifeguard Lieutenant (Re lmirud from Yearly ufegmrd) 550 -03 26%
Personnel Manager (Recwbified from MgmtAnaw -HR) 530 -02 20 °/a
* Only One (1) Marine Yearly Lifeguard position, the position responsible for the Junior
Lifeguard Program, Scheduling, and Public Information duties was reclassified.
Effective the first Ustl 122vro11 Qeriod in July, 2007. a four percent (4 %) COLA and four
percent (4 %) Market Equity Adjustment for Executive Management and Elected Official,
and a four percent (4 0 /9) COLA adjustment for Mid - Management.
Effective the first (lgtt ) Ravroll period in July. 2008. a CPI adjustment capped at five
percent (5 0 /6) for Executive Management, Elected Official, and Mid - Management.
SECTION 19. EDUCATION REIMBURSEMENT
The City to provide for a maximum annual reimbursement of fifteen hundred dollars
($1,500) for any class taken that is job related or increases the skill sets of the employee's
ability to perform City business.
SECTION 20. TERM
The term of this Resolution shall commence on July 1, 2006, and shall continue through
June 30, 2009.
U
13
Attachment "C"
Consumer Price Index
(Bureau of Labor Statistics - printed 7/22/10)
Bureau of Labor Statistics Data
Page 1 of 2
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BUREAU OF LABOR STATISTICS
Home Subject Areas Databases & Tables Publications Economic Releases
TOP PICKS SERIES REPORT DISCONTINUED DATABASES FAQs SPECIAL NOTICES MORE SOURCES OF DATA
Databases, Tables & Calculators
Change Output Options: From: 2000' To: f 2010! -
F include graphs
Data extracted on: July 22, 2010 (12:35:10 PM)
Consumer Price Index - All Urban Consumers
Series Id: CUUSA421SA0,CUURA421SA0
Not Seasonally Adjusted
Area: Los Angeles- Riverside - Orange County, CA
Item: All items
Base Period: 1982 -84 =100
Download: 'A- .xls
Subiect
More Formatting Ootions
What's New I Release Calendar
FONT SIZE:
Year
I Jan
I Feb
Mar
I Apr
I May
I Jun
Jul
Aug
Sep
j Oct
Nov
Dec
Annual
HALF1
HALF2
2000
167.9
169.3
170.7
170.61
171.11
171.0
171.7
172.2
173.3
173.8
173.5
173.5
171.6
170.1
173.0
2001
174.2
175.4
176.2
176.6
177.5
178.9
178.3
178.4
178.81
178.3
178.1
177.1
177.3
176.5
178.2
2002
178.9
180.1
181.1
182.2
182.6
i 181.9
182.2
183.0
183.4
183.7
184.0
183.7
182.2
181.1
183.3
1 2003
185.2
186.5
188.21
187.61
186.4
186.31
186.3
186.9
188.21
187.81
187.11
187.01
187.01
186.7
187.2
12004
188.5
190.1
191.51
191.91
193.3
193.7
193.4
193.1
194.5
196.3
196.91
195.2
193.21
191.5
194.9
1 2005,
195.41
197.4
199.2
201.1
201.5
200.7
201.41
203.1
205.8
206.9
205.6
203.9
201.8
199.2
204.5
2006
2007
2008
2009
1 206.0
212.584
220.918
220.719
207.5
1214.760
221.431
221.439
208.5
216.500
223.606
221.376
210.5
217.845
224.625
221.693
212.4
218.596
226.651
222.522
211.1
217.273
� 229.033
223.906
211.4
217.454
229.886
224.010
211.9
217.330
1228.484
224.507
212.9
217.697
227.449
225.226
211.4
218.696
226.159
225.264
211.1
219.943
222.229
1224.317
210.6
219.373
219.620
210.4
217.338
225.008
223.219
209.3
216.260
224.377
221.943
211.6
218.416
225.638
224.495
2010
224.610
224.620
225.483
225.916
226.438
225.877
2.9
2.6
2.3
3.5
4.21
4.2
3.3
225.491
3.2
12 -Month Percent Change
Series Id: CUUSA421SA0,CUURA421SA0
Not Seasonally Adjusted
Area: Los Angeles- Riverside - Orange County, CA
Item: All items
Base Period: 1982 -84 =100
Download: %I .xIs
Year
I Jan
I Feb
I Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
I Dec
Annual
HALK
2000
2.3
2.9
3.5
2.4
2.9
3.4
3.6
3.5
3.6
3.9
3.8
3.7
3.3
2.9
2001
3.8
3.6
3.2
3.5
3.7
1 4.6
3.8
3.6
3.2
2.6
2.7
2.1
3.3
3.8
E2.
2002
2.7
1 2.7
2.8
3.2
2.9
1.7
2.2
2.6
2.6
3.0
3.3
3.7
2.8
2.6
2003
3.5
3.6
3.9�
3.0
2.1
2.4
2.3
2.1
2.6�
2.2�
1.7
1.8
2.6
3.1
2004
1.81
1.9
1.81
2.31
3.7
4.0
3.8
3.3
3.3
4.5
5.2
4.4
3.3
2.6
4.11
12005
3.71
3.8
4.0-
4.81
4.2
3.6
4.1
5.2
5.8
5.41
4.41
4.5
4.5
4.01
4.91
2006
5.4
5.1
4.7
4.71
5.4
5.2
5.0
4.3
3.4
2.2
2.71
3.31
4.3
5.1
3.51
L 2007
3.2
3.5
3.8
3.5
2
2.9
2.9
2.6
2.3
3.5
4.21
4.2
3.3
3.3
3.2
12008
3.9
3.1
' 3.31
3.1
3.71
5.4
5.7
5.1
4.51
3.4
1.01
0.1
3.5
3.8
3.31
2009
-0.1
0.0
-1.0
-1.3
-1.81
-2.2
-2.6
1.7
-1.01-0.41
0.9
1.8
-0.8
1.1
-0.5
2010
1.8
1.4
1.9
1.9
1.8
0.9
_
J
- 1.6
http: // data. bls. gov/ PDQ /servlet/SurveyOutputServlet 7/22/2010
Attachment "D"
Deferred Compensation Memo
(Dated October 9, 2008)
CITY OF SEAL BEACH
ADMINISTRATIVE SERVICES
MEMORANDUM
To: Robbeyn Bird - Director of Administrative Services
From: David Carmany - City Manager
Subject: Deferred Compensation
Date: 10/9/2008
Per Section 4 item 13, 1 would like to stop the City contribution to my Deferred Comp and would
like to have the $7500 per year applied to my salary immediately.
If you have any questions, please feel free to contact me at ext. 1300.
David Carmany Date
City Manager
Attachment "E"
Resolution No. 5787
Approving agreement with
Creative Management Solutions, Inc.
Dated: October 13, 2008
RESOLUTION NUMBER 5787
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA APPROVING THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF SEAL
BEACH AND CREATIVE MANAGEMENT SOLUTIONS INC.
WHEREAS, a solid classification and compensation plan is the foundation of the
City's personnel system; and
WHEREAS, the City last conducted a comprehensive classification and
compensation study in 1999; and
WHEREAS, a classification and compensation study will ensure that employees
are properly classified for work performed, and that compensation paid reflects
the comparative norm; and
WHEREAS, implementation of a classification and compensation study will help
the City stay competitive in the Orange County job market.
WHEREAS, Creative Management Solution, Inc has been selected through the
Request for Proposal (RFP) process as the firm to conduct the study.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
SECTION 1. The agreement is hereby approved.
SECTION 2. The City Manager is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 13th day of October . 2008 by the following vote:
AYES: COUNCILMEMBERS �,101�l
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS / t
ABSTAIN: COUNCILMEMBERS 1 knz
ezz Zia .
Mavor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5787 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 13th day
Of October .2008
City Cler
Attachment "F"
Minutes - April 13, 2009
City Council Meeting
Page 2 - City Council 04/13/09
Seal Beach, California
April 13, 2009
The City Council of the City of Seal Beach met in regular session at 7:00 p.m.
with Mayor Shanks calling the meeting to order with Councilman Levitt leading
the Salute to the Flag.
ROLL CALL
Present: Mayor Shanks
Council Members Antos, Levitt, Miller, Sloan
Others present: David Carmany, City Manager
Quinn Barrow, City Attorney
Lee Whittenberg, Director of Development Services
Vince Mastrosimone, Director of Public Works
Robbeyn Bird, Director of Administrative Services/Treasurer
Chief Jeff Kirkpatrick, SB Police Department
Captain Joe Bailey, SB Lifeguard Department
Jill Ingram, Assistant to the City Manager
Lt. Tim Olson, SB Police Department
Michael Ho, City Engineer
Tim Kelsey, Community Services - Program Facilitator
Battalion Chief JJ McMaster, OCFA
Linda Devine, City Clerk
APPROVAL OF AGENDA & WAIVER OF FU R EADIN G OF RESOLUTIONS
& ORDINANCES
The City Manager removed item "P" from the agenda. Pulled from the Consent
Calendar for separate consideration: Antos - items "I" and "K "; Miller - items "D ",
"E ', "F', "G ", and "O ". Levitt moved, second by Sloan, to approve the agenda as ,
amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PRESENTATIONS /RECOGNITIONS
Mayor Shanks presented the following:
Arbor Day Proclamation - Trees for Seal Beach representative Jim Caviola
was present to receive the proclamation and announced that their semi-
annual fund raiser will be held on June 27th. .
"Distinguished Budget Presentation Award" July 1, 2008 - Government
Finance Officers Association (GFOA) - Department of Public Works and
Department of Administrative Services
ORAL COMMUNICATIONS
Mayor Shanks declared Oral Communications to be open. Speakers: Bill Ayres,
1 OK Run, announced this year: 559 volunteers -22 sponsors -40 patron sponsors -
5,420 registered runners- $100,000 raised and May 15th is the deadline for grant
requests; Robert Goldberg, Clipper Way, provided hand -outs to council regarding
the upcoming budget study session and his opposition to the employee collective
bargaining agreements (items D -F); Gail Ayres, Central Avenue, expressed her
concerns about the number of liquor licenses on Main Street and the problems
this creates in the neighborhood; Greg Griffin, director, Sunset Beach Sanitary
District, spoke on item "I" asking council to consider reconfirming the Sunset
Beach Sanitary District sphere of influence as co- terminus with its existing
boundaries; Eldon Alexander, 8th Street, believes that concerns expressed
during oral communications should be enough for council to respond and not
have to submit a list and that council misinforms the public on the agenda
process - Brown Act violation; Joyce Parque, 6th Street, stated she has not
received a response from the City on a letter she sent them regarding PD
Page - 3 City Council 04/13/09
1
1
1
employees having outside jobs - should not put advertisements for tennis center
in the city water bills - TOT increase was for storm drains - need to remove
graffiti on newsracks; Bob Heenan, Hazelnut, indicated that the businesses in
Seal Beach are dedicated to the City and council needs to support them (more
lighting and sidewalk repair on Main Street). There were no other speakers;
Mayor Shanks declared Oral Communications closed.
CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney
No report given.
CITY MANAGER REPORT David N. Carmany, City Manager
No report given.
COUNCIL COMMENTS
Councilman Antos - clarified statements made regarding routine maintenance
issues, the budget process is where the Chamber needs to put in writing their
requests for City support, the co- sponsored events were canceled by the
Chamber not the City, and the monies from Bixby was earmarked for College
Park East; Councilman Miller - stated regarding the budget study session he
would like to have a 1 year budget, a comparison to the 2008109 budget, and
start the session at 6:00 p.m. instead of 5:00 p.m. - commented about the mid-
year budget (item °D" on 03 -23 -09 agenda) - inquired about the fire station
project; Mayor Pro Tern Sloan reported that the area where fire station #48 was
is now a vacant lot and the replacement project is going very smooth; Mayor
Shanks - asked staff to place on an upcoming agenda an item regarding
procedures of the Council meeting - indicated that at the budget study session is
where council should make recommendations to staff what they would like to
have changed for the next budget cycle - Brown Act has both good and bad
aspects for council to do business - Chamber has a difficult time right now
(economy) - Council responds to issues when requested - all actions for
maintenance and repair attracts visitors to our City and brings support to
businesses - can not do everything everyone wants done - City supports many
areas for the Chamber - the time to ask for major funding 'is during the budget
study sessions.
COUNCIL ITEM
No items at this time.
CONSENT CALENDAR
Items pulled from the Consent Calendar: D - E - F - G - I - K - O. Antos moved,
second by Miller, to approve the recommended actions on the Consent Calendar
as amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
With no objections Mayor Shanks called a recess at 8:06 p.m. and reconvened
the meeting at 8:14 p.m.
B. Approved the minutes of Adjourned and Regular City Council Meeting of
March 23, 2009.
C. Approved by Minute Order Demands on Treasury:
Warrants: 76017 - 76307 $1,922,646.37 Year - to-Date: $24,036,589.07
Payroll: Direct Deposits &
Cks 76016 - 76139 $246,183.40 Year - to-Date: $4,815,345.13
Year- to-date are actual cash disbursements and do not reflect actual expenditures due to
year -end accruals.
C. Received and filed the Monthly Investment Report for February 2009.
Page 4 - City Council 04/13109
D. Removed for separate consideration. (Miller)
'D. Terms & Conditions of Employment for Executive/Mld- Management
and Memoranda of Understanding for the Orange County
Employees Association (OCEA) and for the Supervisors &
Professionals Association ( SBSPA) — Adopt: 1. Resolution No. 5853
establishing terms and conditions of employment for Executive/Mid-
Management and the 2009 City of Seal Beach Pay Structure for all City
regular full -time employees; 2. Resolution No. 5853 -B approving the
MOU with OCEA with an effective date of April 13, 2009; and 3.
Resolution No. 5853 -C approving the MOU with SBSPA with an
effective date of April 13, 2009.
E. Removed for separate consideration. (Miller)
•E. Seal Beach Police Officers' Association - Side Letter Agreement -
Adopt Resolution No. 5854 - amending Articles V, Vlll, XII, and XIX of
the Memorandum of Understanding between the City of Seal Beach and
the Seal Beach Police Officers' Association.
F. Removed for separate consideration. (Miller)
•F. Seal Beach Police Management Association - Side Letter
Agreement - Adopt Resolution No. 5855, amending Articles 3, 20, 23,
and 29 of the Memorandum of Understanding between the City of Seal
Beach and the Seal Beach Police Management Association.
G. Removed for separate consideration. (Miller)
"G. Part-Time Seasonal and Temporary Employees Establishing Hourly
Wages - Adopt Resolution No. 5856 updating the salary schedule for
part-time seasonal and temporary positions.
H. Adopted Resolution No. 5857 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH CALIFORNIA SUPPORTING '
THE "ONE WATER ONE WATERSHED" SANTA ANA RIVER
WATERSHED INTEGRATED REGIONAL WATER MANAGEMENT PLAN
AND IT'S SUBMITTAL TO THE DEPARTMENT OF WATER
RESOURCES FOR PROPOSITION 84, CHAPTER 2 PROGRAM
FUNDING ".
Removed for separate consideration. (Antos)
•I. Local Agency Formation Commission of Orange County - Authorize
the Mayor to execute comment letter to LAFCO regarding requested
"Sphere of Influence and Municipal Service Review Reconfirmations" for
the City of Los Alamitos, the City of Huntington Beach, and the Sunset
Beach Sanitary District.
J. Adopted Resolution No. 5858 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH APPROVING
MEMORANDUM OF UNDERSTANDING FOR 2009 RECOVERY ACT
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT"
indicating Orange County will serve as the applicant/fiscal agent for the
grant funds.
K. Removed for separate consideration. (Antos) '
'K. 2009 Annual Tree Pruning Program - Adopt Resolution No. 5859
awarding the contract to Great Scott Tree Service Inc. in the amount of
$80,580.00 and authorize the City Manager to execute the agreement.
L. Adopted Resolution No. 5860 entitled "A RESOLUTION OF THE SEAL
BEACH CITY COUNCIL RATIFYING THE AGREEMENT WITH
ENVIRONMENTAL RESOLUTIONS, INC. FOR RAPID RESPONSE
ENVIRONMENTAL ASSESSMENT SERVICES FOR LAMPSON
AVENUE SEWER REPLACEMENT PROJECT NO. 50215".
Page - 5 City Council 04/13109
M. Adopted Resolution No. 5861 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA DECLARING
THE PROCLAMATION OF ARBOR DAY OBSERVANCE IN THE CITY
OF SEAL BEACH" and direct staff to proceed in the application process to
have the City designated as a "Tree City USA ".
N. Approved the plans and specification for the West End Pump Station
Phase II - Project No. S00901 and authorized staff to proceed with the
1 bidding process.
0. Removed for separate consideration. (Miller)
'O. Federal Aid Project Master Agreement No. 12 -5229R with the
California State Department of Transportation - Caltrans - Adopt
Resolution No. 5862 approving Caltrans to administer the Federal
Economic Stimulus Federal Funds for the City. (designated project -
resurface Westminster Avenue from Seal Beach Blvd to Bolsa Chica)
ITEMS REMOVED FROM THE CONSENT CALENDAR
ITEM "D" / RESOLUTION NUMBER 5853 - TERMS & CONDITIONS OF
EMPLOYMENT FOR EXECUTIVE/MID- MANAGEMENT EMPLOYEES /
SUPERVISORS & PROFESSIONALS ASSOCIATION
Councilman Miller pulled items "D" through "G" off the Consent Calendar and
stated his concerns: 1) wished he had a red -lined version of the previous MOU's
for comparison; 2) wanted the effective date of the new MOU's to be July 1st;
and 3) would vote no and would prefer to postpone adopting the MOU's until
after the budget study session 4) inquired about the $300,000 budgeted for the
' increase in compensations. Mayor Shanks said there needed consistency
throughout all the bargaining groups. Councilman Levitt also inquired about
waiting until June to approve new MOU's. The City Manager responses: Council
was keep abreast of the bargaining process; bargained in good faith with the
bargaining groups; approved title changes; the City's best assets are the
employees and treats them fair; this was a lengthy and very thorough process;
align pay appropriately (classifications and compensations); serious problem was
the unfunded liability; bargained out the retiree health benefits for new hires;
would not need the full $300,000 that was budgeted for 2009; and bargained a 3
year agreement with the two groups (OCEA and SBSPA).
Antos moved, second by Sloan to adopt Resolution No. 5853 entitled "A
RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING THE
TERMS & CONDITIONS OF EMPLOYMENT FOR EXECUTIVE/MID-
MANAGEMENT EMPLOYEES AND THE 2009 PAY STRUCTURE FOR
REGULAR FULL -TIME EMPLOYEES ";
Resolution No. 5853 -B entitled "A RESOLUTION OF THE SEAL BEACH CITY
COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF SEAL BEACH AND THE ORANGE COUNTY
EMPLOYEES ASSOCIATION (OCEA) FOR THE PERIOD OF APRIL 13, 2009
' THROUGH JUNE 30,2012 and
Resolution No. 5853 -C entitled 'A RESOLUTION OF THE SEAL BEACH CITY
COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF SEAL BEACH AND THE SEAL BEACH
SUPERVISORS AND PROFESSIONALS ASSOCIATION (SBSPA) FOR THE
PERIOD OF APRIL 13, 2009 THROUGH JUNE 30, 2012 ".
AYES: Antos, Levitt, Shanks, Sloan
NOES: Miller Motion carried
Page 6 - City Council 04 /13/09
ITEM "E"/ RESOLUTION NUMBER 5854 / SIDE LETTER AGREEMENT / SEAL
BEACH POLICE OFFICERS' ASSOCIATION
Antos moved, second by Sloan to adopt Resolution No. 5854 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
AMENDING ARTICLES V, Vlll, XII, and XIX OF THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE
SEAL BEACH POLICE OFFICERS' ASSOCIATION (SBPOA) ".
AYES: Antos, Levitt, Shanks, Sloan
NOES: Miller Motion carried
ITEM "F"/ RESOLUTION NUMBER 5855 /SIDE LETTER AGREEMENT / SEAL
BEACH POLICE MANAGEMENT ASSOCIATION
Antos moved, second by Levitt to adopt Resolution No. 5855 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
AMENDING ARTICLES 3, 20, 23, AND 29 OF THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF SEAL BEACH AND THE
SEAL BEACH POLICE MANAGEMENT ASSOCIATION (SBPMA) ".
AYES: Antos, Levitt, Shanks, Sloan
NOES: Miller Motion carried
ITEM "G" / RESOLUTION NUMBER 5856 / PART -TIME SEASONAL &
TEMPORARY EMPLOYEES / HOURLY WAGES
Antos moved, second by Sloan to adopt Resolution No. 5856 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH
ESTABLISHING HOURLY WAGES FOR PART -TIME, SEASONAL AND
TEMPORARY EMPLOYEES AND REPEALING ON THE EFFECTIVE DATE
SPECIFIED, ALL RESOLUTIONS IN CONFLICT HEREWITH ".
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "I" / LOCAL AGENCY FORMATION COMMISSION OF ORANGE
COUNTY/ COMMENT LETTER
Councilman Antos pulled the item from the Consent Calendar to revise the letter
to LAFCO to read: "Any decision to annex this area would follow discussions
with the affected residents and a full review of "fiscal impacts" and municipal
services including "the Sunset Beach Sanitary District" Mayor Shanks stated he
had requested the Rossmoor area be removed from the letter and also said that
if an area is under 150 acres (such as Sunset Beach) the County can direct them
to be incorporated to a neighboring city - LAFCO will be putting out a report later
this month re: population, sales tax revenue, and basic make -up of Sunset
Beach - this report will give the Council a better understanding about Sunset
Beach.
Antos moved, second by Miller, to authorize the Mayor to execute the amended
comment letter to LAFCO regarding requested "Sphere of Influence and
Municipal Service Review Reconfirmations" for the City of Los Alamitos, the City
of Huntington Beach, and the Sunset Beach Sanitary District.
AYES: Antos, Levitt, Miller, Shanks, Sloan 1
NOES: None Motion carried
ITEM "K" / RESOLUTION NUMBER 5859 / 2009 ANNUAL TREE PRUNING
PROGRAM
Councilman Antos pulled this item for clarification that Great Scott had an
arborist that would supervise the pruning of the trees - staff response: Yes.
Councilman Miller inquired about the Street/Tree Master Plan and a schedule of
what areas would be trimmed - staff response: this project is divided into 3
steps: 1) contract for pruning trees; 2) Master Plan and inventory will be handled
with a purchase order, and 3) urban design - look at proposals from architectural
Page - 7 City Council 04113/09
firms (building identification signs, benches, street signs, etc.) - tree trimming will
be on an as needed basis with emphasis in the Old Town area.
Antos moved, second by Levitt, to adopt Resolution No. 5859 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA AWARDING THE CONTRACT FOR 2009 ANNUAL TREE
PRUNING' (Great Scott Tree Service Inc. in the amount of $80,580.00).
® AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
ITEM "0"1 RE SOLUTIO N NUM 586 / FEDERAL AID PROJECT MASTER
AGREEMENT / CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION
(CAL TRANS)
Councilman Miller pulled the item for clarification that all government funds have
some strings - staff response: with this project the City will follow the federal
procurement guidelines (prevailing wage laws, certified payroll, DBE, etc.).
Miller moved, second by Antos, to adopt Resolution No. 5862 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA AUTHORIZING THE CITY MANAGER TO SIGN THE MASTER
AGREEMENT NO. 12 -5229R BETWEEN THE STATE DEPARTMENT OF
TRANSPORTATION AND THE CITY OF SEAL BEACH FOR FEDERAL AID
PROJECTS" approving Caltrans to administer the Federal Economic Stimulus
Federal Funds for the City. (designated project - resurface Westminster Avenue
from Seal Beach Blvd to Bolsa Chica).
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
PUBLIC HEARING
No items at this time.
UNFINISHED BUSINESS
No items at this time.
NEW BUSINESS
Staff removed from the agenda.
P. Removal of Pedestrian Crosswalk at the Intersection of Seal Beach Blvd. and Old
Ranch Parkway/1 -405 Crossing - Adopt Resolution No. 5863 approving the removal of
the crosswalk per the request of Orange County Transportation Authority.
ADJOURNMENT
It was the order of the Chair, with consent of the Council, to adjourn the meeting
at 8:45 p.m. to Tuesday, April 21, 2009 at 6:00 p.m. to meet for a Budget Study
Session. 04 rL
ity Jerk
City of Seal Beach
Approved: /Y
Mayor
Attest:
City Jerk
Attachment "G"
Exhibit "1"
Regular Employees Pay Structure
Resolution No. 5853
(adopted 4/13/09)
City of Seal Beach
Exhibit 1- Regular Employees Pay Structure
April 13, 2009
Grade
Job Classifications
Step 1
Step 2
Ste 3
1 Step 4
stop 5
1
$2,937
$3,084
3,2381
$3,400
$3,570
2
$3,011
$3,161
$3,3191
$3,485
$3,660
3
$3,086
$3,240
$3,402
$3,573
$3,751
4
$3,163
$3,321
$3,488
1 $3,662
$3,845
5
$3,242
$3,404
$3,575
$3,753
$3,941
6
$3,323
$3490
$3p664
$3,847
$4
7
$-3-4-06-
$3,577
$3,756
$3,943
$4,141
8
Community Services Officer
$3 492
$3666
$3,850
$4
$4
Maintenance Worker
9
Accounting Technician
$3,579
$3,758
$3.9461
$4143
$4.350
10
$3668
$3852
$4,044
$4,247
$4.459
11
$3,760
$3,948
$4,146
$4353
$4570
12
Senior Community Services Officer
$3,854
$4,047
$4,249
$4,462
$4
Senior Maintenance Worker
Water Operator
13
Executive Assistant
$3,950
$4 148
$4
$4,573
$4,802
Senior Accounting Technician
14
Community Services Coordinator
$4
$4
$4,464
$4,68
S4.9221
15
1
$4,150
$4.358
$4,576
$4,805
$5,0451
16
Senior Water Operator
$4,254
$4,467
$4,690
$4,925
$5,171
17
$4
$4,579
$4,808
$5,048
$5,300
18
Deputy City Clerk
$4470
$4,693
$4,928
$6,174
$5,433
Lead Community Services Officer
19
Electrician
$4,581
$4,810
$5,051
$5.303
$6,569
20
Equipment Services Supervisor
$4,696
$4,931
$5,17
55A36
S5.708
21
$4,813
$5,054
$5,3
$5,572
$5,851
22
$4,934
$5,180
$5,439
$5,711
$5,997
23
Marine Safety Officer
$5 057
$5,310
$5,575
$5854
$6,147
24
Jail Services Supervisor
$5,183
$5,443
$5,715
$6,000
$6,300
25
Accountant
$5,313
$5,579
$5,858
$6,150
$6,458
Maintenance Services Supervisor
Water Services Supervisor
26
Community Services Supervisor
$5,446
$5,718
$6,004
S6,3
$6.61
Management Anal st
27
Police Officer
$5,582
$5 861
$6,154
$8,462
$6,785
28
Assistant Engineer
$5,721
$6,008
$6,308
$5,623
$6,955
Police Records Supervisor
29
Emergency Services Coordinator
$5,865
$6,158
$6,466
$6,789
$7,128
Police Co oral
30
$6,011
$6,312
$6,627
$6,959
$7,307
31
Marine Safe Lieutenant
$6
$6,469
$6,793
$7133
$7,48
32
$6,315
$6,631
$6.963
$7,311
$7.676
33
Senior Accountant
$6,473
$6,797
$7,137
$7.494
$7,868
34
$6.635
$6,967
$7,315
$7,681
$8,065
35
$6,801
$7,141
$7,498
$8,267
36
Associate Engineer
S6,971
$7320
$7,686
_ $7 , 873
$8,070
$8.473
Senior Planner
37
Police Sergeant
$7,145
$7,503
$7,878
$8,272
$8.6851
38
$7.324
$7,690
$8,075
$8,478
$8,902
39
Maintenance Services Manager
$7,557
$7,882
$8,277
$8,690
$9,125
Marine Safety Chief
40
City Clerk
$T6
$8,080
$8,483
$8 908
$9,353
41
$7887
$8,281
$8,696
$9,130
$9,587
42
$8 084
$8.489
$8,913
$9,359
$9,827
43
$8,286
$8,701
$9,136
$9,593
$10.0721
44
Police Ueutenant
$8 494
$8 918
$9,364
$9,832
$10,324
45
$8,706
$9,141
$9,598
$10,078
$10,582
46
$8,924
$9,370
$9.838
$10,330
$10,847
47
City Engineer
$9,147
$9,604
$10.084
$10,588
$11,118
48
$9,375
$9,844
$10,33
$10,853
$11,396
49
$9,610
$10,090
$10.5 95
$11
$11,681
50
Police Captain
$9 ,850
$10 342
$10 860
$11.403
$11,973
51
Assistant to the Ctt Mana er
$10,096
$10 601
$11,131
$11,688
$12.272
Director of Develo ment Services
52
$10,349
$10,868
$11409
$11,980
$12579
53
$10607
$11,138
$11695
$12279
$12,893
54
$10,672
$11,416
$11,987
$12586
$13,216
55
Director of Public Works
$11 144
$11,702
$12,287
$12 901
$13,546
Director of Administrative Services/Cfi Treasurer
56
$11.423
$11,994
$12,594
$13.223
$13.8851
57
$11.708
$12,294
$12.909
$13,554
$14,232
58
$12 001
$12,601
$13.231
$13,893
$14.588
59
Chief of Police
12,301
$12,916
13,562
$14,240
$14,952
60
$12,509
$13,239
$13,901
$14596
$15,326
61
$12.924
$13,570
$14
$14,961
$15,709
62
$13,2471
$13.909
$1460 5
$15,335
$16,102
63
$13,6781
S14,257
$144-970
$15,719
$16,504
64
$13918
$14614
$15344
$16111
$16917
Current
65
City Manager (adjustments per Mgmt COLA)
$16,958
RaN@ ML*rt . $17,340
f
RESOLUTION NUMBER 5853
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ESTABLISHING THE TERMS & CONDITIONS OF EMPLOYMENT
FOR EXECUTIVE/MID- MANAGEMENT EMPLOYEES AND THE
2009 PAY STRUCTURE FOR REGULAR FULL -TIME EMPLOYEES
WHEREAS, the City of Seal Beach ( "City") affirms the dignity and worth of the
services rendered by its employees.
NOW THEREFORE, the City Council of the City of Seal Beach hereby resolves:
Section 1. In August 2008, the City Council commissioned independent
consultant Creative Management Solutions, Inc. ( "CMS ") to review City class
specifications and internal salary range and conduct market survey data.
Thereafter, CMS prepared a classification study ( "Study") containing a number of
findings and recommendations.
Section 2. The City Council has reviewed the Study, and received input from
City staff and CMS concerning the Study's findings and conclusions.
Section 3. Based upon the foregoing, the Council hereby establishes:
A. The 'Terms & Conditions of Employment with the
Executive /Mid- Management Employees" (attached) and incorporated by this
reference; and
B. The 2009 City of Seal Beach Pay Structure for regular full -
time employees attached hereto as Exhibit 1" and incorporated by this
reference.
Section 4. The effective date of this Resolution is April 13, 2009.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach on this 13th day of April , 2009 by the following vote:
AYES:
Councilmembers � Ala22LO, _ 2 &7,
NOES:
Councilmembers �P 0m,
ABSENT:
Councilmembers 2 /�, c '/� L
ABSTAIN:
Councilmembers / t�
ATT ST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5853 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of
the City of Seal Beach, at a regular meeting thereof held on the 13th day
of April , 2009.
ity/Clerk
Adopted by Resolution No. 5853
0
EXECUTIVE MANAGEMENT
MID - MANAGEMENT
TERMS & CONDITIONS OF EMPLOYMENT
AND
REGULAR EMPLOYEES PAY STRUCTURE 1
ADOPTED: April 13, 2009
EXPIRES: JUNE 30, 2012
Resolution Number 5853 Executive /Mid Management
TABLE OF CONTENTS
SECTION 1: MANAGEMENT RIGHTS ..................................... ..............................4
SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage ........................................ ..............................4
B. Life Insurance ............................................................. ..............................5
C. Income Continuation ................................................... ..............................5
SECTION 3: RETIREE HEALTH INSURANCE ........................ ..............................5
SECTION SICK LEAVE ........................................................ ..............................7
SECTION 5: LEAVES OF ABSENCE
A. Authorized Leave of Absence without Pay ................. ..............................7
B. Bereavement Leave .................................................... ..............................7
C. Military Leave of Absence .......................................... ..............................8
D. Pregnancy Disability Leave of Absence ..................... ..............................8
E. Family Leave .............................................................. ..............................8
F. Catastrophic Leave ..................................................... ..............................9
SECTION 6: VACATION ........................................................... ..............................9
SECTION 7: HOLIDAYS
A . Holidays ..................................................................... .............................10
B. Holiday Closures ........................................................ .............................11
SECTION 8: RETIREMENT SYSTEM ...................................... .............................11
SECTION 9: PROVISIONAL APPOINTMENTS ...................... .............................11
SECTION 10: SENIORITY BONUS ......................................... .............................12
SECTION 11: AUTOMOBILES AND MILEAGE ...................... .............................12
SECTION 12: MOBILE PHONE ALLOWANCE ...................... .............................12
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Resolution Number 5853 Executive /Mid Management
SECTION 13: ADMINISTRATIVE LEAVE ............................... .............................12
SECTION 14: LIMITATIONS .................................................... .............................13
SECTION 15: DEFERRED COMPENSATION ........................ .............................13
SECTION 16: BILINGUAL COMPENSATION ......................... .............................13 0
SECTION 17: WORK SCHEDULE ........................................... .............................13
SECTION18: SALARIES ......................................................... .............................13
SECTION 19: TUITION REIMBURSEMENT ............................ .............................14
SECTION20: TERM ................................................................. .............................14
h'
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Resolution Number 5853 Executive /Mid Management
TERMS & CONDITIONS OF EMPLOYMENT
BETWEEN
THE CITY OF SEAL BEACH
AND
EXECUTIVE MANAGEMENT
AND MID - MANAGEMENT EMPLOYEES
SECTION 1: MANAGEMENT RIGHTS
The City reserves, retains and is vested, solely and exclusively, with all rights of
Management which have not been expressly abridged by specific provisions of
this Resolution of Compensation, as such rights existed prior to the execution of
this Resolution.
SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY
INSURANCE
A. Health Insurance Coverage
I. The City shall provide for full -time employees and eligible retired
employees a group hospital, medical and dental insurance plan.
2. The City shall contribute to the cost of medical coverage for each
eligible employee and his/her dependents, an amount not to exceed the
California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum
contribution. The City shall contribute and equal amount towards the cost of
medical coverage under PEMHCA for both active eligible employees and eligible
retirees.
3. The City shall implement a full flex cafeteria plan for eligible
employees in accordance with the criteria provided to the employees during
negotiations. For employees participating in the City's full flex cafeteria plan,
each employee shall receive a monthly flex dollar allowance to be used for the
purchase of benefits under the full flex cafeteria plan. The monthly flex dollar
allowance shall be:
For Single Employees
$550 /month
For Employee and 1 dependent
$850 /month
For Employee and 2 or more dependents
$1,100 /month
4. A portion of the monthly flex dollar allowance is identified as the
City's contribution towards PEMHCA. Thus, for example, in calendar year 2009,
a single employee's monthly flex dollar allowance is $550, of that $550; $101 has
been designated by the City as its required PEMHCA contribution to CaIPERS.
The monthly flex dollar allowance may only be used in accordance with the terms
of the full flex cafeteria plan.
5. Effective January 1, 2010, and every January 1st during the term of
this agreement, the City shall increase the contribution amounts above by the
percentage of increase for basic plans published in the CalPERS circular letter
setting health insurance premiums for the coverage year.
6. Employees enrolled in the plan are required to pay any premium
amounts in excess of the above City contribution. Such amounts will be
deducted from the affected employee's payroll check on the 1 st 2 pay periods for
each month.
7. Beginning January 2009, the minimum employer contribution for
participating in the PEMHCA will be adjusted annually to reflect any change in
the medical care component of the Consumer Price Index. Effective January 1,
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Resolution Number 5853 Executive /Mid Management
2009, the minimum employer contribution is $101 per month per
employee /retiree and $105 per month per employee /retiree by calendar year
2010.
8. Employees meeting the waiver criteria and electing to waive
enrollment in the City's full flex cafeteria plan are eligible to receive $310 per
month (upon showing proof of health insurance coverage under an alternative
plan). Election forms are available in the Personnel Office.
9. Part-time, seasonal, provisional and/or hourly employees shall not
be eligible for participation in this program.
10. No person who is eligible to receive Worker's Compensation
benefits is eligible to receive benefits from the City's group medical insurance.
11. Full -time employees of the City who have completed 30 days of
uninterrupted service shall be enrolled in the full flex cafeteria plan on the 1st day
of the next succeeding month.
12. Employees who change classification from full -time to part-time
provisional, hourly, or seasonal shall not be eligible for participation in the full flex
cafeteria plan.
13. The City shall not contribute a flex dollar amount for any employee
during any month the employee is on leave of absence without pay or who is
absent from regular duties without authorization, for a full calendar month. City
shall contribute a flex dollar amount for eligible employees receiving temporary
payments from Workers' Compensation Insurance.
B. Life Insurance
1. All employees incumbent in position classifications listed in Section
18 shall receive a $50,000 life insurance policy paid by the City.
2. Said insurance shall become effective after the employee has
completed 30 days of uninterrupted service with said employee to be enrolled in
the program on the 1 st day of the next succeeding month.
C. Income Continuation
1. All employees incumbent in position classifications listed in Section
18 shall receive an income continuation policy to provide for income continuation
of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per
month, whichever is lesser.
2. Said insurance shall become effective after the employee has
completed 30 days of uninterrupted service with said employee to be enrolled in
the program on the 1 st day of the next succeeding month.
3. Said income continuation shall commence on the 31st day of
sickness or other bona fide absence or upon expiration of sick leave, whichever
occurs later, and continuing thereafter while the employee is absent from work
for a period of up to age 65.
SECTION 3: RETIREE HEALTH INSURANCE
A. Employees covered by this agreement shall have the option upon
retirement, to continue participation in the City's health insurance program at the
employee's expense.
B. All incumbents in the Executive Management classification who retire on
or before December 31, 2009, with 20 or more combined years of employment
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Resolution Number 5853 Executive /Mid Management
with the City shall, upon retirement, be provided with individual and eligible
dependent health insurance coverage. The City shall contribute monthly to the
cost of the selected coverage consistent with the appropriate level as specified in
Section 2 - A in this resolution.
C. All incumbents in the Executive Management classifications who were
hired before January 1, 2008, and who retire after December 31, 2009, with 20 or
more combined years of employment with the City shall, upon retirement, be
provided with individual health insurance coverage. If said employee has 20 or
more combined years of employment with the City upon retirement, eligible
dependent health insurance coverage shall also be provided at the rate of (a) the
average of the 2 lowest cost health care plans offered by CalPERS, or (b) the
CalPERS Kaiser HMO, whichever is greater. When the retired employee
becomes Medicare eligible, the City's contribution will be capped at the rate of (a)
the average of the 2 lowest costs medicate supplement plans offered by
CalPERS, or (b) the CalPERS Kaiser HMO Medicare supplement plan,
whichever is greater.
D. All incumbents in the Mid - Management classification who retire after
December 31, 2007, and on or before December 31, 2009, with 20 or more
combined years of employment with the City shall, upon retirement, be provided
with individual and eligible dependent health insurance coverage. The City shall
contribute monthly to the cost of the selected coverage consistent with the
appropriate level as specified in Section 2 - A in this memorandum.
E. All incumbents in the Mid - Management classification who were hired
before January 1, 2008, and who retire after December 31, 2009, with 20 or more
combined years of employment with the City shall, upon retirement, be provided
with individual health insurance coverage. If said employee has 30 or more
combined years of employment with the City upon retirement, eligible dependent
health insurance coverage shall also be provided at the rate of (a) the average of
the 2 lowest costs health care plans offered by CalPERS, or (b) the CalPERS
Kaiser HMO, whichever is greater. When the retired employee becomes
Medicare eligible, the City's contribution will be capped at the rate of (a) the
average of the 2 lowest costs medicate supplement plans offered by CalPERS,
or (b) the CalPERS Kaiser HMO Medicare supplement plan, whichever is
greater.
F. All full -time employees who were hired on or after January 1, 2008, and
who retire from the City, shall be eligible to receive a City contribution not to
exceed the PEMHCA minimum employer contribution towards health coverage
under CalPERS, as determined by CalPERS from time to time.
G. An employee with a service retirement and who is eligible to receive
retiree health insurance per Section 3, B & C of this exhibit, may also receive an
increase to the health insurance cap in effect at the time of his/her retirement (not
to exceed $175 per month in additional contributions), until Medicare begins at
age 65 with lower supplemental insurance rates. This additional contribution to
the cap will accommodate increases in health insurance plans over the term of
the employee's retirement.
H. Sworn police personnel identified in Section 18 shall be subject to the
ui
MR retiree health plan contained in the Memorandum of Understanding with the Seal
In Beach Police Officer's Association.
I. In all cases, the City's contribution for eligible dependent coverage for
retirees shall terminate with the death of the retiree.
J. In the event an eligible retired employee resides in an area where the
health plans provided by the City are not in effect, that retired employee shall be
entitled to receive in cash each month an amount equal to the monthly
6 of 14
Resolution Number 5853 Executive /Mid Management
contribution the City would otherwise have contributed to that retired employee
toward health and dental insurance premiums.
SECTION 4: SICK LEAVE
A. All full -time employees covered by this memorandum shall accrue sick
leave at the rate of 1 day per month (8 hours). The maximum accrual of sick
leave hours shall be 520 hours.
CM
B. Existing sick leave balances which have remained intact and have not rAM
been converted to leave time may be utilized by the employee for sick leave
purposes only.
C. Upon termination of employment with the City, all compensable leave
hours will be paid to the employee at the employee's base rate of pay. Sick
leave balances which have not been converted to leave time will be paid to the
employee upon termination at 25% of the employee's base rate of pay.
D. Employees who are on authorized leaves of absence, without pay, shall
not accrue sick leave hours during said leaves of absence.
SECTIONS: LEAVES OF ABSENCE
A. Authorized Leave of Absence Without Pay
1. Upon the Department Head's recommendation and approval of the
City Manager, an employee may be granted a level of absence without pay in
cases of an emergency or where such absence would not be contrary to the best
interest of the City, for a period not to exceed 180 working days per Government
Code.
2. Upon written request of the employee, the City Council may grant a
leave of absence, with or without pay, for a period not to exceed 1 year.
3. At the expiration of the approved leave, after notice to return to
duty, the employee shall be reinstated to the position held at the time leave was
granted. Failure on the part of the employee to report promptly at such leave's
expiration and receipt of notice to return to duty shall be cause for discharge.
4. During any authorized leave of absence without pay, an employee
shall not be eligible to accumulate or receive fringe benefits, except as
specifically provided for in this resolution, except that the City shall contribute to
an employee's medical and dental health plan, disability insurance plan, and life
insurance plan for the first 30 days of leave of absence.
B. Bereavement Leave
1. In case of death within the immediate family of an employee, such
employee shall be entitled to remain absent from duty with pay in order to attend
the funeral or memorial service for a maximum of 24 consecutive work hours.
For employees on a conventional 8 hour shift, this will provide for up to 3
consecutive work days. For employees working an alternate work week, they
can apply these hours to their consecutive work shifts. Vacation, comp time or
other leaves, as available, may be used to supplement Bereavement Leave to
allow to absence to span 3 shifts. The bereavement leave shall not be
chargeable to or accumulate as sick time.
2. If the funeral or memorial services are outside the state of
California, the employee will be allowed up to 16 additional hours leave with pay.
3. For the purpose of this section, immediate family is defined as
husband, wife, domestic partner as defined by that State of California, father,
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Resolution Number 5853 Executive /Mid Management
mother, grandfather, grandmother, sister, brother, son, daughter, mother -in -law,
father -in -law, stepchild, stepmother, stepfather, or such person who has served
in the place of the employee's parent.
4. Such leave shall not be charged against the employee's sick leave
accrual.
C. Military Leave of Absence
1. Military leave shall be granted in accordance with the provisions of
State law. All employees entitled to military leave shall give the Department Head
an opportunity within the limits of military regulations to determine when such
leave shall be taken. Whenever possible, the employee involved shall notify the
Department Head of such leave request 10 working days in advance of the
beginning of the leave.
2. In addition to provision of State law, the City shall continue to
provide eligible employees on military leave, the current health benefits (medical,
dental, disability and life insurance and retirement, (if applicable) for the first 3
months of military leave. During said period, the employee shall be required to
pay to the City the same co- payments as required of other employees. After the
first 3 months of military leave, the employee may continue said benefits at his
cost.
D. Pregnancy Disability Leave of Absence
1. An employee who is disabled due to pregnancy shall be granted a
pregnancy disability leave as provided by the State of California and the Federal
Family Medical Leave Act. The employee may elect to take a lesser period of
leave.
2. Disabilities arising out of pregnancy shall be treated the same as
other temporary disabilities in terms of eligibility for, or entitlement to, leave with
or without pay.
E. Family Leave - Upon a demonstration of need and subject to the following
conditions, an employee may take leave or unpaid leave to care for his newborn
infant, whether through parentage or adoption, or to care for a seriously ill or
injured member of the employees 'immediate family" as defined in Section 5 - B.
1. Proof of the birth or adoption of a newborn infant or the serious
illness/injury of the family member must be submitted to the City.
2. Requests for family leave must be submitted in writing to the
employee's supervisor at the earliest possible date proceeding the time when the
leave is to begin.
3. Operational needs of the City shall be relevant in determinations
regarding the granting of family leave in accordance with the provisions of State
and Federal Family Leave laws.
4. In the event of an extended family leave, the employee may be
required to periodically report on the status of the situation giving rise to the
leave.
5. Family leave may be granted only upon the recommendation of the
Department Head and approval of the City Manager consistent with the
provisions of State and Federal Family Leave laws.
6. A maximum of 400 working hours of family leave in any
combination of sick leave and unpaid leave may be taken during any 2 year
period unless a greater amount is prescribed by state or federal law.
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Resolution Number 5853 Executive /Mid Management
F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to
enable full time employees to receive and donate vacation, administrative leave,
and Compensatory Time Off (CTO) leave credits on an hour for hour basis to
assist employees who have no leave and who will suffer a financial hardship due
to prolonged illness or injury to themselves or a member of their immediate
family. Sick Leave is excluded from this program. The following conditions shall
apply to Catastrophic Leave:
1. Catastrophic Leave will be available only to employees who have
exhausted their own paid leave through bona fide serious illness or accident.
The leave pool shall be administered by the Finance Department.
3. Employees must be in regular full -time appointed positions to be
eligible for catastrophic leave.
4. Employees receiving Long -Term Disability payments are excluded
from this program.
5. All donations are to be confidential, between the donating
employee and the Finance Department.
6. Employees donating to the pool must have 40 hours of paid leave
available after making a donation.
7. Donating employees must sign an authorization, including
specifying the specific employee to be a recipient of the donation.
8. Donations will be subject to applicable tax laws.
9. The availability of Catastrophic Leave shall not delay or prevent the
City from taking action to medically separate or disability retire an employee.
10. Catastrophic Leave due to illness or injury of an immediate family
member may require medical justification as evidenced by a Physician's
Statement that the presence of the employee is necessary.
11. Catastrophic Leave due to the illness or injury of the employee will
require medical justification as evidenced by a Physician's Statement as to the
employee's condition.
SECTION 6: VACATION
A. Executive Management employees who shall have at least one year's
continuous service as a full time employee immediately preceding shall be given
a vacation of approximately 120 hours with pay each year. Executive
Management employees shall be entitled to 8 additional hours of vacation for
each year of full -time continuous service each year thereafter.
B. All mid - management employees who shall have at least one year's
continuous service as a full -time employee immediately preceding shall be given
a vacation of approximately 80 hours with pay each year.
C. All Executive Management employees shall only be allowed to accrue a
maximum of 320 hours of vacation. This maximum can only be exceeded with
approval of the City Manager.
D. All mid - management employees, who shall have at least 3 years of
continuous service shall be entitled to 8 additional hours of vacation for each
year of full -time continuous service in excess of 3 years. The vacation accrual
schedule for mid- management employees is as follows:
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Resolution Number 5853 Executive /Mid Management
Years
Service
Vacation
Hours
Earned
Maximum Hourly
Accrual Rate / Pay
Period 131-Weekly
Annual
Vacation
Hours
Maximum
Vacation
Accrual
1
80
3.0769
80
160
2
80
3.0769
80
160
3
80
3.0769
80
160
4
88
3.3846
88
200
5
96
3.6923
96
200
6
104
4.0000
104
200
7
112
4.3076
112
200
8
120
4.6153
120
200
9
128
4.9230
128
240
10
136
5.2307
136
240
11
144
5.5384
144
240
12
152
5.8461
152
240
13
160
1 6.1538
160
240
E. Employees of the City considered as hourly, part-time and /or seasonal
employees shall not be eligible for paid vacations.
F. Employees who have authorized leaves of absence without pay shall not
accumulate vacation credits or pay during said leave of absence.
G. Employees are encouraged to use at least the amount of vacation hours
earned each fiscal year. Those employees who have been credited in excess of
the maximum vacation accrual allowed are expected to use a portion of the
excess as leave time, in addition to other vacation time, each year until the
maximum accrual is met. The City recognizes that a number of long -term
employees have accrued substantially more leave time than shorter -term
employees, and that it will likely take them significantly longer to achieve the
maximum accrual level. It is the intent of this section to balance the personal
interests of the employee with the financial concerns of the City; as such,
significant progress toward reaching the maximum accrual amounts may be
deemed a success.
H. Vacation leave time shall not be approved until such time as it has been
earned, unless prior, special arrangements have been made with the City
Manager. The time at which an employee shall take vacation leave shall be
requested by the employee prior to the start of the vacation leave period. Such
vacation leave to be taken shall be subject to the prior approval of the
Department Head, or designee, subsequent to consideration of the departmental
workload and other staffing considerations, such as but not limited to, the
previously approved vacation schedule of other employees, sick leave and
position vacancies.
I. Not more than once in each fiscal year, an employee who has completed
at least one year of continuous service shall, upon request, receive
compensation for up to 50 hours of accrued vacation time provided that the
employee has taken an equal amount of vacation time off within that fiscal year.
SECTION 7: HOLIDAYS
A. All employees incumbent in position classifications listed in Section 18
shall be granted the following holidays with pay:
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Resolution Number 5853 Executive /Mid Management
Holiday
Date
New Year's Day
January 1st
Martin Luther Kind Day
3rd Monday in Janua
President's Day
3rd Monday in Februa
Memorial Day
Last Monday in Ma
Independence Day
July 4th
Labor Day
First Monday in September
Veteran's Day
November 11th
Thanksgiving Day
Fourth Thursday in November
Calendar day following Thanks iv ng Da
Christmas Eve
December 24th
Christmas Day
December 25th
*Floating Holiday
discretion of employee
Total of 12 holidays annually
*Floating Holiday must be taken during each fiscal year (July 1st through June 30th)
and may not be carried forward beyond the term of this agreement.
B. Holiday Closures — The City Manager may designate up to 5 specific work
days in each calendar year between Christmas Day and New Yea's Day during
which employees may be required to take time off, charged to leave without pay,
the employee's accumulated compensatory time, vacation, floating holidays, or a
combination thereof, as determined by the affected employee. The days must be
consecutive for the employee, but may differ between employees. Employees who
do not have sufficient accumulated time off in their account to cover the required
time off may request, and will be granted, sufficient advance on their vacation
accrual to cover the uncovered balance. This advance will be recovered with the
next vacation accruals earned by the employee. Time off of work under this
provision shall not be deemed a layoff.
SECTION 8: RETIREMENT SYSTEM
A. The retirement program provided by the City shall consist of a pooled
Public Employee's Retirement System (PERS) plan which includes the following
provisions:
Section 20024.2 - One Year Final Compensation
Section 20862.9 - Credit of Unused Sick Leave
Section 20930.0 - Military Service Credit
B. The City shall pay that portion of the affected employee's retirement
contribution that is equal to 7% of the affected employee's base salary.
C. All employees incumbent in Police and Marine Safety position
classifications listed in Section 18 shall participate in the 3% @ 50 formula plan
for Local Safety Members.
D. Effective November 1, 1995, the City shall include CalPERS Section
21251.32 - 2% @ 55 for miscellaneous members.
E. City agrees to study the enhancement of retirement benefits to the current
CalPERS 2% at 55 program either through CalPERS or other options available
through PARS. The City's commitment to study this issue in no way binds the
City to any type or form of enhancement now or in the future.
SECTION 9: PROVISIONAL APPOINTMENTS
A. An employee, when authorized by the City Manager, may receive a
provisional appointment to a higher classification to fill a temporary vacancy. The
employee, when so appointed, must perform the duties and assume the
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Resolution Number 5853 Executive /Mid Management
responsibilities of the higher classification for 120 consecutive working hours and
shall be paid according to the step in the assigned salary range of the new
position which is next higher than the salary received before the provisional
appointment.
B. When necessary and in the best interest of the City, the City Manager may
provisionally assign an employee to a higher level of duty and responsibility than
provided for in the employee's assigned classification which is not otherwise a
part of an adopted classification. In the case of such an assignment, the
FN
employee must perform the higher level of duties for 80 consecutive working
hours thereafter the employee shall receive additional compensation of 5% so
long as the assignment is authorized by the City Manager.
SECTION 10: SENIORITY BONUS
Employees who have achieved 10 years of uninterrupted employment with the
City shall receive a 5% increase in base salary effective on the 10th anniversary
of their employment. Sworn police personnel are exempt from this section.
SECTION 11: AUTOMOBILES AND MILEAGE
A. Officers and employees of the City, utilizing their privately -owned
automobiles for City business on a non - regular basis, shall be entitled to
reimbursement for costs incurred at the rate established by Internal Revenue
Service (IRS).
B. Incumbents in the following positions will receive a monthly automobile
allowance of $350 dollars in lieu of the above - stated mileage reimbursement:
Assistant to the City Manager, Director of Public Works, Director of
Administrative Services, City Clerk, and Director of Development Services. The
City Manager position will receive a monthly automobile allowance as defined by
contract [currently $500]. The City Manager, Maintenance Services Manager,
Marine Safety Chief and Chief of Police positions will receive a monthly
automobile allowance or the use of a City vehicle.
SECTION 12: MOBILE PHONE ALLOWANCE
Incumbents in the following positions will receive a monthly mobile phone
allowance in accordance with City Policy 200 -19 [currently $75] per month:
Assistant to the City Manager
Associate Engineer
Chief of Police
City Clerk
City Engineer
City Manager
Director of Administrative Services/City Treasurer
Director of Development Services
Director of Public Works
Maintenance Services Manager
Marine Safety Chief
Marine Safety Lieutenant
SECTION 13: ADMINISTRATIVE LEAVE
Effective the 1 st payroll period in April, 2009, and every July 1 st thereafter:
A. Mid - Management position classifications, unless otherwise specified,
shall be entitled to 40 hours of administrative leave each fiscal year.
B. All incumbents in Executive Management position classifications shall be
entitled to 96 hours of administrative leave each fiscal year.
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Resolution Number 5853 Executive /Mid Management
C. Administrative leave days may not be carried forward to succeeding years
nor may they be turned in for cash value.
SECTION 14: LIMITATIONS
A. No employee who is eligible to receive Workers' Compensation is eligible
to receive overlapping benefits (except life insurance) stated in this resolution.
B. City shall not make any monthly payments for premiums for any insurance
benefit listed in this resolution, or uniform allowance, supplemental pay of any
type and/or type of bonus on behalf of or to any employee who has been absent
without authorization during said month or for any employee who has terminated
for any reasons whatsoever or who is on leave of absence without pay of who is
suspended from duties without pay.
SECTION 15: DEFERRED COMPENSATION
The City shall contribute the equivalent to 3.5% of base salary per payroll period
into a deferred compensation program for each incumbent in the Executive
Management and Mid - Management position classifications.
SECTION 16: BILINGUAL COMPENSATION
A. Upon the recommendation of a department director, the City Manager
may award a bilingual compensation bonus of $52.50 per payroll period to those
employees in positions determined to require bilingual skills.
B. The City Manager shall require the taking of competency tests to certify
the employee as eligible for bilingual compensation based on the employee's
proficiency in speaking the language determined to be required. Such
certification shall be a condition precedent to qualifying for bilingual pay.
SECTION 17: WORK SCHEDULE
At the discretion of the City Manager, work schedules may be altered as needed
to meet the service demand levels of the residents of the City of Seal Beach.
SECTION 18: SALARIES
A. Effective the first payroll period following April 13, 2009:
Executive Management
Grade
Job Classifications
65
City Manager
59
Chief of Police
55
Director of Administrative Services
55
Director of Public Works
51
Director of Development Services
51
Assistant to City Manager
39
Marine Safety Chief
Elected Official
Grade Job Classifications
40 1 City Clerk
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Resolution Number 5853 Executive /Mid Management
Mid - Management
Grade
Job Classifications
47
1 City Engineer
39
Maintenance Services Manager
36
Senior Planner
36
Associate Engineer
33
Senior Accountant
31
Marine Safety Lieutenant
29
Emergency Services Coordinator
25
Accountant
`See "Exhibit 1 " for complete list of Regular Employees Pay Structure
B. Effective the first payroll period in July, 2010, a CPI (April — March Orange
County, Los Angeles & Riverside Counties) adjustment capped at 4% for
Executive Management, Elected Official, and Mid - Management.
C. Effective the first payroll period in July, 2011, a CPI (April — March Orange
County, Los Angeles & Riverside Counties) adjustment capped at 4% for
Executive Management, Elected Official, and Mid - Management.
SECTION 19: TUITION REIMBURSEMENT
A. Higher Education Degree Programs — Executives and Mid - Managers
attending accredited community colleges, universities, and trade schools for the
purpose of obtaining a higher education degree may apply for reimbursement of
tuition, books, student fees and parking. Reimbursement is capped each
calendar year at the tuition rate of the Cal State University system for up to 2
semesters of full -time, undergraduate enrollment.
B. Reimbursement is contingent upon the successful completion of the
course. Successful completion means a grade of "C' or better for undergraduate
courses and a grade of "B" or better for graduate courses. All claims for tuition
reimbursement require prior approval and are subject to verification and approval
by the City Manager.
Example Employee A attends California State University, Long
Beach, for the Spring 2009 semester and completes 2
(3 -unit) undergraduate courses with a grade of "C" or
better. The tuition reimbursement would be calculated
as follows:
2008/2009 State University Tuition $ 885.00 (0 -6 units)
Required University Fees $ 172.00 (approx.)
Parking $ 123.00
Books $ 300.00 (approx.)
TOTAL $1,480.00
SECTION 20: TERM
The term of these provisions shall commence on April 13. 2009, and shall
continue through June 30, 2011
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Attachment "H"
Resolution No. 6036 -
Amendment #1
David Carmany Contract
RESOLUTION NUMBER 6036
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT NUMBER 1 TO THE CITY
MANAGER EMPLOYMENT AGREEMENT TO MEMORIALIZE
CHANGES TO THE CITY MANAGER'S SALARY IN
ACCORDANCE WITH THAT CERTAIN CONTRACT DATED
APRIL 23, 2007
WHEREAS, On April 23, 2007, the City and David Carmany executed an
employment agreement ( "Contract ") for City Manager services; and
WHEREAS, The City Council wishes to amend the Contract to memorialize
salary adjustments per the Contract.
NOW THEREFORE, the Seal Beach City Council hereby resolves:
SECTION 1. The City Council hereby approves Amendment No. 1 to the
Employment Contract between the City and David Carmany, dated August 9,
2010.
SECTION 2. The City Clerk shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 9th day of August , 2010 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
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 6036 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 9th day of August , 2010.
City Clerk
AMENDMENT NO. 1
TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SEAL BEACH
AND DAVID CARMANY
RECITALS
A. Pursuant to that certain "EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SEAL BEACH AND DAVID CARMANY" ( "CONTRACT"
hereinafter), David Carmany ( "EMPLOYEE" hereinafter) commenced working
for the City of Seal Beach and the Seal Beach Redevelopment Agency
(collectively "CITY" hereinafter) on June 4, 2007. Pursuant to Section 4.A of the
CONTRACT, CITY paid EMPLOYEE an initial monthly salary of $14,583.
B. Among other benefits, the CONTRACT provides that CITY shall pay
EMPLOYEE such additional benefits, including cost of living adjustments
( "COLA ") to compensation, if any, as are afforded Management employees by
resolution of Council from time to time. The CONTRACT also provides that
CITY shall contribute $288.46 per pay period to the CITY's deferred
compensation plan on behalf of EMPLOYEE for a total of $7,500 per year and
that EMPLOYEE may convert all or a portion of such deferred compensation to
salary.
C. The parties now desire to amend the CONTRACT to memorialize each salary
adjustment for bookkeeping and reference purposes.
D. Effective July 1, 2007, the City increased EMPLOYEE's monthly salary to
$15,750 per the Executive and Mid - Management Terms /Conditions of
Employment ( "2006 Management Agreement ") dated July 24, 2006, which
provided to management a 4% COLA + 4% Market Equity Adjustment.
E. Effective July 1, 2008, the City increased EMPLOYEE's monthly salary to
$16,333 per the 2006 Management Agreement, which provided to management a
CPI Adjustment, minimum of 3 %, capped at 5 %, for Fiscal Year 2008 -2009.
F. On October 15, 2008, EMPLOYEE elected to convert his monthly deferred
compensation of $625 to salary. Due to this conversion, EMPLOYEE's monthly
salary increased to $16,958.
G. On April 13, 2009, the City Council adopted Resolution No. 5853 approving the
"Terms and Conditions of Employment Between the City of Seal Beach and
Executive Management and Mid - Management Employees ( "2009 Management
Agreement ") which included among other adjustments for other employees, an
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adjustment of EMPLOYEE's salary to a level equal to the salaries provided by
other comparable cities to their respective city managers. Such adjustment
increased EMPLOYEE's monthly salary to $17,340 excluding deferred
compensation.
H. Section 18.13 of the 2009 Management Agreement provides to management a CPI
adjustment, capped at 4 %, effective the first payroll period in July 2010. Using
the applicable index, the City increased the City Manager's monthly salary by
1.9% to $17,669 excluding deferred compensation, effective July 2010.
I. Section 18.0 of the 2009 Management Agreement provides to management a CPI
adjustment, capped at 4 %, effective the first payroll period in July 2011.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
herein contained, CITY and EMPLOYEE agree as follows:
All of the above recitals are true and correct.
2. Section 4 A. of the CONTRACT shall be amended to read as follows:
A. Base Salary
(1)
CITY paid EMPLOYEE an initial annual base salary of
$175,000 (monthly salary of $14,583).
(2)
During Fiscal Year 2007 -2008, CITY paid EMPLOYEE a
monthly salary of $15,750.
(3)
From July 1, 2008 to October 14, 2008, CITY paid
EMPLOYEE a monthly salary of $16,333.
(4)
By memorandum dated October 9, 2008, EMPLOYEE elected
to convert his monthly deferred compensation of $625 into
salary. For the period from October 15, 2008 to April 12,
2009, CITY paid EMPLOYEE a monthly salary of $16,958.
(5)
Effective April 13, 2009, CITY adjusted EMPLOYEE's salary
to $17,340 excluding deferred compensation.
(6)
For Fiscal Year 2010 -2011, CITY will pay EMPLOYEE a
monthly salary of $17,669 excluding deferred compensation.
(7)
Effective the first payroll period in July 2011, CITY will
provide to EMPLOYEE a CPI adjustment, capped at 4 %.
(8)
At its sole discretion, the City Council shall consider merit
adjustments commensurate with Employee's performance in
accordance with the evaluation process pursuant to Section 5
of this Agreement. Employee's salary shall be subject to
withholding and other applicable taxes, and shall be payable to
Employee at the same time as other employees of CITY are
paid. Employee shall be exempt from the overtime pay
provisions of California and federal law.
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3. Except as amended herein, the terms and provisions of the CONTRACT shall
remain in full force and effect.
TO EFFECTUATE THIS AMENDMENT NO. 1, the parties have caused their duly
authorized representatives to execute this agreement on the date set forth below.
CITY OF SEAL BEACH:
Mayor
EMPLOYEE:
David any
<3 - Z3 -/ O
Date
ATTEST:
Linda Devine, City Clerk
Date
APPROVED AS TO FORM:
Quinn M. Barrow, City Attorney
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