HomeMy WebLinkAboutResolution 2017-158 N.C.S. 10/16/2017Resolution No. 2017 -158 N.C.S.
of the City of Petaluma, California
ACKNOWLEDGING AGREEMENT BETWEEN
THE CITY COUNCIL OF THE CITY OF PETALUMA AND ALL UNREPRESENTED
UNIT 8 EMPLOYEES AND ALL UNREPRESENTED EXECUTIVE MANAGEMENT
EMPLOYEES OF THE CITY TO CONTRIBUTE 3% TOWARD THE CITY'S COST OF
PARTICIPATION IN THE PUBLIC EMPLOYEES RETIREMENT SYSTEM
WHEREAS, the City and its employees have since October 18, 1959, participated in the
California Public Employees Retirement System ( "CaIPERS ") pursuant to a contract between the
City and CaIPERS ( "Contract ") in accordance with the State Public Employees Retirement Law
( "PERL "); and
WHEREAS, the unrepresented employees in Unit 8 and the unrepresented executive
management employees of the City have all agreed to pay 3% toward the City's employers' cost
of participation in Ca1PERS, in accordance with Section 20516 of the PERL; and
WHEREAS, all unrepresented Unit 8 employees and all unrepresented executive
management employees of the City have agreed to contribute the 3% cost share, irrespective of
whether such employees are designated as "Classic" or "PEPRA" participants in CaIPERS, as
evidenced by a list of unrepresented Unit 8 employee signatures acknowledging the Unit 8
Compensation Plan and the signed executive management employment contract amendments,
which are attached to and made a part of this Resolution as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The City Council hereby acknowledges the agreement between the City Council and
all unrepresented Unit 8 employees and all unrepresented executive management
employees to contribute 3% toward the City's cost of participation in Ca1PERS, as
evidenced by the employee signatures in Exhibit A.
2, The City Council hereby authorizes and directs the Human Resources Director or her
designee to request an amendment to the City's contract with Ca1PERS to reflect the
Resolution No. 2017 -158 N.C.S. Page 1
3% employee cost share for all unrepresented Unit 8 employees and all unrepresented
executive management employees, including all "Classic" and "PEPRA" employees.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE:
I hereby certify the foregoing Resolution was introduced and adopted by the 'A- proved a� to
Council of the City of Petaluma at a Regular meeting on the 101 day of October, form: i
2017, by the following vote:
City Attor ey
AYES:
Albertson, Vice Mayor Barrett, Healy, Kearney, King, Miller
NOES:
None
ABSENT:
Mayor Glass
ABSTAIN:
None
ATTEST:
City Clerk Vice Mayor
Resolution No. 2017 -158 N.C.S. Page 2
EXHIBIT A -- Unrepresented Unit 8 Employees
Aelmowledgment of Agreement to pay 3% toward City of Petaluma's PERS Cost
Scott Brodbun, Assistant City Manager
Jordan Forghani, Assistant City Attorney
William Mushallo, Director of Finance
Amy Reeve, Director of Human Resources
Kenneth Savano, Police Chief
Dan St. John, Director of Public Works & Utilities
Lisa Tennenbaum, Assistant City Attorney
Leonard Thompson, Fire Chief
Exhibit A
Resolution No. 2017 -158 N.C.S. Page 3
Exhibit B
FIFTH AMENDMENT TO THE AT -WILL
AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
A
This Amendment is made and entered into this l day of September 2017, by and between
the City of Petaluma, California, a charter city, ( "the CITY "') and John C, Brown ( "City
Manager "). The City and the City Manager do hereby agree to amend the Agreement as provided:
1. Section 9, "Compensation ", paragraph (a), is amended to read as follows:
9. Compensation:
a. Base Salary. City agrees to pay City Manager an annual base salary of $216,320,
payable in installments at the same time that the other employees of the CITY are paid.
Effective the first payroll following the adoption of a contract amendment with Ca1PERS
and concurrent with City Manager paying an additional three percent (3 %) towards PERS
retirement, City Manager shall receive a 3% base wage increase and shall be paid an
annual base salary of $222,810.
2. The introductory paragraph in Section 15, "Administrative Leave," and paragraph (a) in
that same section, are amended to read as follows:
15. Administrative Lea
City Manager shall be credited with one hundred twelve (112) hours of administrative
leave each fiscal year.
a. Carry Forward of Leave. City Manager may carry forward up to forty (40) hours
of unused administrative leave into the next fiscal year. City Manager may not maintain
balances of more than one hundred and fifty two (152) hours in any fiscal year. Carry
forward administrative leave may only be taken as paid time off, has no cash value, and
shall not be included in the totals subject to payment under Section 5 (d).
3. Section 18, Disability, Health, and Life Insurance, paragraph (c), is amended to read as
follows:
18. Disability, Health, and Life Insurance:
C. CITY agrees to have in force and make required premium payments for City
Manager's participation in the CITY's current group disability plan. Currently that Plan is
provided through CIGNA, and replaces 60% of annual earnings, to a maximum of $5,000
per month after being disabled for sixty (60) days.
Resolution No. 2017 -158 N.C.S. Page 4
4. Section 19, "Retirement ", paragraph (f), is added to read as follows:
19. Retirement:
f. Effective the first payroll following the adoption of a contract amendment with
Ca1PERS, City Manager shall pay an additional three percent (3 %) towards PERS
retirement. The City Manager is a "Classic" employee, and this three percent (3 %) is added
to the current seven percent (7 %) employee share, for a total contribution of ten percent
(10 %). The parties shall work collaboratively to expedite formal adoption of a contract
amendment with CalPERS to reflect this cost - sharing agreement under which the
employee is paying a portion of the employer contribution to PERS.
5. EXHIBIT 1, "HEALTH- RELATED BENEFITS ", Item 11, "Vision Insurance" is amended
to read as follows:
11. Vision Insurance
CITY shall provide a vision plan for City Manager and eligible dependents. The cost shall
be paid for by the City. City Manager and his eligible dependents are eligible for eye
exams every twelve (12) months with a twenty -five ($25.00) deductible. Frames.are
available every twelve (12) months with a maximum benefit of one - hundred - eighty
dollars ($180.00), standard lenses are available every twelve months at 100 percent of
cost; progressive lenses are available every 12 months with a $55 -175 co -pay, medically
necessary contact lenses are available every 12 months at 100 percent of cost, and cosmetic
contact lenses are available every twelve (12) months up to a maximum allowance of one
hundred -eight dollars ($180).
Except as otherwise stated herein, all other terms of the Agreement remain in full force and effect.
CITY MANAGER
John C. Brown, City Manager
DATED: ` /X /A7-
ATTEST:
a
Claire Cooper, City Cleric
FORM:
Eric W. Danly, Ci?y Attorney
CITY.
By:
David Glass, Mayor
DATED:
Resolution No, 2017 -158 N.C.S. 'Page 5
Exhibit C
_. �. a _
This Amendment is made and entered into this 18th day of September 2017, by and between the
City of Petaluma, California, a charter city, ( "the CITY ") and Claire Cooper ( "City Clerk "), The
City and the City Clerk do hereby agree to amend the Fifth Amended At -Will Agreement for
Employment of City Clerk ( "Agreement ") in accordance with the following:
1. Paragraph (a) of Section 9, "Compensation," is amended to read as follows:
9. Compensation:
a. Base Salary. City agrees to pay City Clerk an annual base salary of $95,591.00,
payable in installments at the same time that the other employees of the CITY are paid.
Effective the first payroll following the adoption of a contract amendment with CalPERS
and concurrent with City Clerk paying an additional three percent (3 %) towards PERS
retirement, City Clerk shall receive a 3% base wage increase and shall be paid an
annual base salary of $98,458.73.
2. Paragraph (a) of Section 17, "Retirement," is amended to read as follows:
17. Retirement:
a. California Public Employees Retirement System. City has previously enrolled City
Clerk into the California Public Retirement System (PERS). City agrees to make all the
appropriate contributions on City Clerk's behalf for the employer share required. City
Clerk shall pay the entire contribution for the PERS employee share required. Effective
the first payroll following the adoption of a contract amendment with CalPERS, City Clerk
shall pay an additional three percent (3 %) towards PERS retirement. The Parties shall work
collaboratively to expedite formal adoption of a contract amendment with CalPERS to
reflect this cost - sharing agreement under which the employee is paying a portion of the
employer contribution to PERS.
Except as otherwise amended hereby, all other terms of the Agreement remain unchanged and
in full force and effect.
CITY CLERK
By:
Claire Cooper, City Cler
ATTEST:
CITY
By:
David Glass, Mayor
DATED:
APPR'G%ED A,5 TO FORM:
Resolution No. 2017 -158 N.C.S. Page 6
Eric W. Danly
John C. Brown
Deputy City Clerk
City Attorney
Resolution No. 2017 -158 N.C.S. Page 6
Exhibit D
This Amendment is made and entered into this 18th day of September 2017, by and between the City of
Petaluma, California, a charter city, ( "the CITY ") and Eric Danly ( "City Attorney "), The City and the City
Attorney do hereby agree to amend the First Restated At -Will Agreement for Employment of City
Attorney ( "Agreement ") in accordance with the following:
Paragraph (a) of Section 5, "Compensation," is amended to read as follows:
5. Compensation:
a. The City agrees to pay City Attorney an annual base salary of $192,920.00, payable in
installments at the same time that the other employees of the CITY are paid. Effective the first
payroll following the adoption of a contract amendment with CaIPERS and concurrent with City
Attorney paying an additional three percent (3 %) towards PERS retirement, City Attorney shall
receive a 3% base wage increase and shall be paid an annual base salary of $198,707.60.
2. Section 11, "Retirement," is amended to read as follows:
11. Retirement:
a. City has previously enrolled City Attorney into the California Public Retirement System
(PERS). City agrees to make all the appropriate contributions on City Attorney's behalf, for the
employer share required, and to contribute on behalf of City Attorney seven percent (7 %) of
City Attorney's base salary in accordance with Section 5 of the Agreement, as amended from
time to time, into the City of Petaluma 401 (A) Government Money Purchase Plan and Trust. City
Attorney shall pay the entire contribution for the PERS employee share required. Effective the
first payroll following the adoption of a contract amendment with CalPERS, City Attorney shall
pay an additional three percent (3 %) towards PERS retirement. The parties shall work
collaboratively to expedite formal adoption of a contract amendment with CaIPERS to reflect
this cost - sharing agreement under which the employee is paying a portion of the employer
contribution to PERS.
Except as otherwise amended hereby, all other terms of the Agreement remain unchanged and in full
force and effect.
CITY ATTORN Y
By:
Eric Danly, Cif Attorney
DATED:
CITY
By: —
David Glass, Mayor
DATED; l� ��_
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