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Home My WebLink AboutAgenda Report - February 25, 1993CITY COUNCIL MEETING February 17, 1993 REPORT READ BY COUNCIL MEMBER DAVENPORT CC -6 Council Member Davenport read a prepared memo stating CC -1 several different matters, including in part: (1) that the citizens be made more aware of when they may speak at a City Council meeting; (2) that the minutes, when referring to a State statute or a City code, reflect the appropriate Government Code section or City ordinance number; (3) made several comments regarding the City Manager's attendance at' a recent City Manager's conference and "secret meetings*... between the City Manager and the Mayor; (4) that he is entitled to request documents from City staff; (5) stated he was not permitted to attend the City Department Head staff meeting; (6) commented he was refused copies of City records; (7) alleged that top City officials are not reporting their time away from the office; (8) expressed his opinion that reports should not go through the City Manager because he has too much power; and (9) urged' citizens to contact him with any questions or comments. LCA- MEMORANDUM A�'„ j6 ` sssssssssssssss:ssa G.• TO: The Honorable Mayor and Members of the City Council FROM: City Manager DATE: February 25, 1993 i ho 5,-AVPeter15jD0 QJ�ity�A+tar►ager ' 4 Jennifer Perrin City Clerk SUSJ: Request for Information Submitted by Councilmember Davenport Attached is a letter I received today from Councilmember Davenport requesting certain information. Since some of the information was easily retrieved, and I have supplied him with same. He will receive the following at Tuesday morning's "Shirtsleeve" session: _ILem No. 2. Itemized cost to City for the City Manager's meeting in Monterey February 10, li & 12, 1993 G. Current employee agreements ("contracts") and offers for department heads, City Attorney, City Clerk and City Manager 9. Response regarding how the City Manager, City Attorney and City Clerk "take time off." With respect to the remainder of th-- requests, information requested in items 1 and 5 is not public record, and therefore not available to Mr. Davenport. My submittal to Mr. Davenport of monthly summaries of my daily activities (item 3) would be time-consuming and would serve, in my opinion, no genuine public purpose. City Council direction 41 requested. With regard to item 4, the cost to the City for Jack Ronsko to represent the City and the American Public Works Association at the retirement dinner for a former City official was zero, except for Mr. Ronsko's time which I approved. Item 6, regarding claims filed against the City, including names and addresses of claimants for the last five years, is available by special request of the City's claims administrator. City Council direction is requested. With regard to item V, I do not understand the request. Since the agenda had already been promulgated when these requests were received, Mayor Pennino has advised that he will raise this matter under "Comments by City Council Members." TAP:br Attachment CCCOM734/TXTA.07A THOMAS A. PETERSON CITY COUNCIL 1" �� r 1 City Manager • PHILtIP A. PENNINO. Mayor CITY OF L O D I E? El �JIFQ PERRiN TACK A. SIEGLOCK City Clerk Mayor Pro Tempore CITY HALL. 221 WEST PINE STREETr-r- ) ! ( BOB SNA It RAY G. DAVENPORT' P.O. SOX 3006 City Attorney STEPHEN 1. MANN LODI, CALIFORNIA 95241.1910 IOHN R. (Randy) SNIDER (209) 334.5634 FAX 12091 1)).6795 2— ��,.� • FEB 2 5 1Qgi City Managers Office Com""` l rn e�rbe�. $ l4'SE YpUI D E./,4 ewr �o f� /L 23 440A flr� yam. yo/ 2 `4- r(Q�P p col� r� tLt 5, M s,Zf p(`r 2 THOMAS A. PETERSON CITY COUNCIL City Manager PH►lllP R' PENNINo, Maya CITY OF 1✓ O D I ., `l-�1 t j, JENNIFER M PfC �t►�� JACK A. SIECtOCK - t Mayor Pro Tempore RAY G DAVENPORT CITY ALL, 221 WEST PINE STREET i :6fJ_ � McNATT P.O. BOX 1006 ^ r!7r J i • City Attorney STEPHEN V MANN LODI. CALIFORNIA 95241-1910 JOHN R. (Randy) SNIDER (209) 134-5634 FAX (709) I)) 6795 Z-' MO dcpvj1Kuecf �� amu. �>�-tn�s �1je� � u� 11 rco� �-�-e 4,(,•�(L aXS 1.! A+* S "� q Y-" - V '�'w e4 �� . TRrWEL UADI .OUOIER PART I [SAME: SOS. A • NL Tt rzsol�( E PLAY FZ 1961 DEPT./TITLE: Mill./ in' aGR_ DATE: . 6 -ER. Z3_ i - DESTMTIMPURPOSE: 16&nt b5y&.TY F6,t mew S J/RaJG ew ;r. TRAVEL DATES: Fora Fes- 10, 1993 To �-f3. 12. ou # of Days3 L] Check Advance (fill out Part I only) Account #140.0-07.1. . . . . . . . . Amount Requested: $ Check one: Q Request for Reimbursement (fill out Parts I & I1) Q Ret-.:xn of Advance (fill out Parts I &� II) Signature of Requestee Authorized Approval PPRT II TRAVEL EXPENSE (attach receipts for all expenses) Transportation: City Vehicle # fuel $ Gallons # Odometer Reading @ RefU 1 (City vehicle Only) Personal Vehicle 340 Miles @ Le:SC/mi. J` 75.zo Other (Tani, Lim)—Specify Parking Bridge Toll Lodging: (SEe ATfACge?) . Registration: Supplemental Materials: Meals: '40. 15 Tips: other (itemize) : IUM DaMISE ; 3 5. 25 Account numbers) to be charged: to- o40. of (31s) 135• ZS Less A�Jvance (check cmc-): Petty c .-Ish Q ( Clieck Q .,mount Peque s tcd i b"i t, Frcx39 : $ 135-25 ALIDITIM By vVt`fl • LV �t H - Rappa's Sea Food ow films «w • Wherf MONTEREY, CALIFORNIA sn-7562 WED. OlNPftfR gtuoclLs (100 1 IFC -t1 f r) -rrw as. 011illek HYATT REGENCY MONTEREY 52780 ~ 01 D G01E COUVSF MAD —. —rc-�— ►A(x+iFREr, U1l1EORNIA 03v40 USA 40! 372 1111 351413 ---'^— -- • �_ 1M1t f1E('f1Of I%Pft-"ci(�)rf». vcxon ffWV WWW.,-?.•ramAry.l w1 ww.t AKFs-r. ------ - 52910 - HYATT REGENCY MONTEREY( ONF Otn rcAr COUP.SE POAn IAMIFrfY, CAIIKirf11A 9:ro40 USA M1 172 ,171 151411 1 f1Y[flrfi lPt r. Mf..,ww 11 l.w�I1+M f,Mly. •M .111/ �. I...:v�•.•l..^I •1 "— Guest Account I Iyall 144 -1 -p -my A11+Itlrrrmy Oem- Oki C:1►Il Cnitrse Roymi • ,. Mmic-my, Calilmnia 7.3941) USA ON Oto Oft momfe 411R772.12.14 G O t f COURSE FAX 40M.37.5-TMI) N.umn I Rot! I Arrive - Ikparl 11400. M. I Altrlwdwm 1F Nf 902 109.00 2/10/93 02112/53 3921LY/ i'. CCARD 2-C11(JR 11 SPH 1 PETERSON THOMAS 11131 MJP 2:'1) CITY HALL, 221 WEST PINE STREET LODI CA 95240 RES. NO., 7i; 7"u. 0210 112j 1)210112; C►210 711 0210 %i 1. 1321 t:► 1 12 17210 fill 0211 112' 0211 ',all 0212 1932 Signature 1H-43091 i Rde-TW951 554 5135'. 657 674 Rem , 902 Il/n 'i172 F2m riU2 Rea 94.►2 Ex 11/93 TE Txx XXX XXx XXX xxx UNN BAN HS11 WSFI 5PU Mda0wr 4.45 l c . btl 13 41 12i'_ . 41 133.3 25J. 2:7 &A ..� %A,". 1..- IU.1.0 M -4 aK...' w lr I.L1 I.r...w.11f LLIFI. M 11►.. e.l I/J M 4.1 r w r..1 .. ow MM *—.".4IAr.. rAwp.� llaymnw i'l►'l-3:1:1- G 7! cp a . 2r$ 373-3731 L .7:5 75 Grrnlp 140011 Iwri.01) ROOM TAX l ti , 9t ► GROUP 1100H li)9.01) 12UUN l /lx it►. rill t ro'mL 1?53.2 -P-b3. t :ii_1�a l it J 91]51 Mda0wr 4.45 l c . btl 13 41 12i'_ . 41 133.3 25J. 2:7 &A ..� %A,". 1..- IU.1.0 M -4 aK...' w lr I.L1 I.r...w.11f LLIFI. M 11►.. e.l I/J M 4.1 r w r..1 .. ow MM *—.".4IAr.. rAwp.� Attendee Information Enter fust and lost name and offtcfal title as they should appear on yow conference badge and registration card Please indicate spouse's name if he/she will attend. Registration Fees and Deadline Payment Information (No:e: Payment must accompany lids form to process the Advance Registration) Registration Receipt Return th:s fortrt to CITY _7 ctTY OF tnni City Manager's Department Annual Meetin'! Wednesday - Friday, February 10 - 12,1993 Byatt Regency Monterey Advance Conference Registration Form One Spouse's L 1111 T'& DAU N= Thomas A. Peterson, City Manager -- Jerry L. nt • Please asterisk your name if you retired -as a city manager in 1992. So we can plan for any special needs please indicate if any registrants require special accommodations for dictbilitics: Who? What? Advance registrations postmarked by Friday. January 29,1993 Full Institute 1 $205 $205 Advance Registration Fee @ 5205 - S 4 Total S One Dal Only (indicate day next to name) Advance Registration Fee _ @ $125 = $_Total S_ After January 29, 1993, please register on-site as follows: Full Institut One Day Only Ort -Site Registration Fee $240 5145 Check which is enclosed: ❑ City Check ❑ Personal Check ❑ VISA Mastercard Make check payable to: League of California Cities (No pure e) Name on Card_ THOMAS A. PETERSON Credit Card u Expintion Date Authorized Signature o � Send registration receipts to address indicated below: Name: Thomas A. Peterson Title: ri fy Manager Address: City Nall, 221 !Jest Pine Street City: od ,, CA Zip: 95240 Phonc:J093 333-6700 FAX: (203 333-6807 l,eapne of California Cities. P.O. Bos 7005. Lafivetle. CA 94549,510-233-2113, FA X 510-283-7933 (for those paying with credit card ONLY) Citv Manaber's Department Annual Meetincr Wednesday - Friday, February 10 - 12, 1993 11vatt Re;;encv Monterev One Old Golf Course Road Monterey, CA 93940 408-372-1234 WHO SHOULD ATTf.ND City Managers Assistant City Managers ♦ Administrative Assistants: A goal of the Department is to involve assistants in Department acuviucs and protcssional development opportunities. Their participation in the Department meeting can be of benefit to ; nu, your assistant and to the city. County Chief Administrative Officers and COG Executive Directors: Because many urban problems are of mutual interest to COGS and counties, and several sessions will deal with ICMA issues, we encourage the attendance of county chief administrative officers and executive directors of councils of government at the City Managers Department Annual %feeling. Arca manager groups arc urged to personally invite their county CAO and COIF Director to the meeting. ♦ Rettred City Managers: Retired city managers who have no association with commercial products or services used by local government are invited to attend the Department Annual Siecung (complimentary rezistrauon). Special recognition will be given to city managers who retired dunnc 1992. If this is your situation, please indicate so on the registration form WIIAT YOU WILL LEARN Recognizing the extremely difficult situation cities arc facing, the City Managers Department Mcciing will offer pracuc3l solutions and approaches for you to take home and use to save money and still provide the Services your council and citizens want. This year's meeting will focus on the state economy, and specifically the California business climate, workers compensation, interrelationship among cities, counties and schools, and statrAocal partnerships. In addition, a range of topics will be discussed from diversity in the workplace to the L.A. riots to ethics in the city management profession. An outline of the program is attached. No spouse program is planned: however, spouses arc most welcome to attend any of the sessions, recepuens and meal functions. Tickets for meals for spouses or guests may he purchased at dic League Registration Desk. Information on local attractions will be available. Please note the folio -wing deadlines: ilotel lteursalion: Wednetidav„ lanuary 13, 1993 Adcancc Conference ize"'isirttion: Friday, January 29, 1993 nea(Jo�a-'r: ,sr.•,^ !0 C. Si814 !916)444 1,700 Announcing 0 • . ° "�42 _°ic �i I i r':� ��'� .:.�_f -- 1 N J1. �*.� 1. Citv Manaber's Department Annual Meetincr Wednesday - Friday, February 10 - 12, 1993 11vatt Re;;encv Monterev One Old Golf Course Road Monterey, CA 93940 408-372-1234 WHO SHOULD ATTf.ND City Managers Assistant City Managers ♦ Administrative Assistants: A goal of the Department is to involve assistants in Department acuviucs and protcssional development opportunities. Their participation in the Department meeting can be of benefit to ; nu, your assistant and to the city. County Chief Administrative Officers and COG Executive Directors: Because many urban problems are of mutual interest to COGS and counties, and several sessions will deal with ICMA issues, we encourage the attendance of county chief administrative officers and executive directors of councils of government at the City Managers Department Annual %feeling. Arca manager groups arc urged to personally invite their county CAO and COIF Director to the meeting. ♦ Rettred City Managers: Retired city managers who have no association with commercial products or services used by local government are invited to attend the Department Annual Siecung (complimentary rezistrauon). Special recognition will be given to city managers who retired dunnc 1992. If this is your situation, please indicate so on the registration form WIIAT YOU WILL LEARN Recognizing the extremely difficult situation cities arc facing, the City Managers Department Mcciing will offer pracuc3l solutions and approaches for you to take home and use to save money and still provide the Services your council and citizens want. This year's meeting will focus on the state economy, and specifically the California business climate, workers compensation, interrelationship among cities, counties and schools, and statrAocal partnerships. In addition, a range of topics will be discussed from diversity in the workplace to the L.A. riots to ethics in the city management profession. An outline of the program is attached. No spouse program is planned: however, spouses arc most welcome to attend any of the sessions, recepuens and meal functions. Tickets for meals for spouses or guests may he purchased at dic League Registration Desk. Information on local attractions will be available. Please note the folio -wing deadlines: ilotel lteursalion: Wednetidav„ lanuary 13, 1993 Adcancc Conference ize"'isirttion: Friday, January 29, 1993 nea(Jo�a-'r: ,sr.•,^ !0 C. Si814 !916)444 1,700 Registration Fee Payment Hotel Reservations Transportation Directions Registration Fee Refund Policy You can reduce yo:._ cost by registering in advance. advance registration must he postmarked not later than Friday. January 29. 1".3. After that date the fv" •r will apply. The fee includes program materials, three programmed meal funct.. reception and breaks. The one -day fee includes all materials and events fr.- - •Uy. For any questions regarding registration. please contact the Conference Rei:.. anon Office at 510-283-2113. The one -day registration option is intended primarily to encourage attendance by yot mid-level staff who might not otherwise be able to go to this meeting. The program contacts will benefit their professional developmenL You are urged to consider have them join you for at least one day of the program. Full rnctitute One Day OtWX Advance Registration Fee $205 $125 After January 29, 1993, please register on -sire as follows: Full institute One Day Only On -Site Registration Fee 5230 5145 (A portion of the registration fee supports the Department's John Nail Award Prognu the California City Management Foundation, and the California ICMA reception.) In order to process registration, payment in full must accompany this form. Only checks or money orders will be take. ',v., . -rchnce orders, You may now pay yog registration fee by using your Visa or Mastercard. And, if you pay by credit card. + are welcome to register by faxing (510) 283-7833. To assure this program benefits all who attend, please advise us on the registration f( if any attendee has a disability requiring special accommodations. The Hyatt Regency Monterey is offering a special rate of S99 single or 5109 twin/ double -bedded room (plus 10 patent city hotel tax.). To confirm hotel reservations. deposit in the amount of the first night's guest room rate or a guarantee with a major credit card is required. Deposits are refundable if your reservation is canceled 48 ho prior to arrival: record your cancellation number. Check-in time is 3:00 p.m.. checl out time is 12:00 noon. Luggage may be s:orcd at the Bell Desk. Rental Car. Discount rates with unlimited mileage are available one week prior an one week after this meeting from Hertz. Call Hertz Meeting Services at 1 800 654= and indicate the League of California Cities Meeting Number CV#2349. AMTRA AMTRAK has service into Salinas. Contact AMTRAK at 1800 872-7245 for fares schedule information, transportation into Monterey and reservations. Located 5 minutes from Monterey Peninsula Airport Fru parking. Traveling on Hirhwav 1 South take Pacific Grove/Del Monte Avenue exit Continue straight aft exiting to third traffic light and turn left onto Sloat. Hotel driveway is at the end of Sloat. Traveling on Hiehwav 1 North take AguajitoMark Thomas exit and continu straight through first light At second light, turn right up the hill to hotel. From Highway 101 take Highway 68 West at Salinas to Monterey airport. Turn tight at t airport (Olmstead Road): take next left onto Garden Road. continue to end of Gard Road and at traffic light turn left on Mark Thomas Drive. At next light turn left up hill to Hotel. Advance registrants unable to attend this meeting will receive a refund of the regist tion fee, lees a 535 processing; charge. by submitting a written request to the Leasu, California Cities. Conference Registration Office, Box 7005. LafaNettc. CA 9-1549 283.7933 (FAX). Request for relunds must be received by the last business day b.. the !Meeting (Tuesday. February 9, 1993). Wednesday, February 10 12 noon - 5:00 pm I 2:00 - 3:00 pm 3:1S' - 0:30 pm 5:00-6:00 pm Thursday, Februry 11 7:00 am -5:00 pm 7:30 - 9:00 am PrCliminary Meeting Overview REGISTRATION OPEN OPENING GENERAL SESSION "California: The Ungokien State" What do recent dcmogmphies tell us about where California is heading. what with riots. earthquakes. drought, and people leaving the State? Speaker. ♦ Mervin Field. Field Research Group. San Francisco CONCURRENT SESSIONS 1. Difficulty in Doing Business in California A look at the California business climate from the perspective o ` a private developer who recently went through the process of locating a crew Disney facility in California: the state administration; and an economist who challenges conventional wisdom about job flight, the state business climate and the effects of defense cuts on the economy. Speakers: ♦ Kerry Hunnewell, Vice President for Development, Disney Development Company, Burbank ♦ Lee Grissom, Governor's Senior Advisor on Economic Development. Sacramento; former Executive Director. California Council on Competitiveness: former General Manager. Greater San Diego Chamber of Commerce ♦ Robert K. Arnold. Economist. Center for the Continuing Study of the California Economy, Palo Alto 11. Labor Take -Backs in the 1990's An informative discussion on work rule simplification: cost containment in benefits area: employer cost-sharing in health/denmi/vision insurance programs; use of contracting out as leverage to gain concessions: and state legislation to revise workers' compensation. Speakers: • Richard Whitmore. Whitmore. Johnson and Bolanos, Mountain View ♦ John Liebert or Dan Cassidy. Liebert, Cassidy and Frierson, Los Angeles HOSTED RECEPTION REGISTRATION OPEN CON-nNFNTAL BREAKFAST SFSSION Department liusiness Session Speaker: ♦ Roy Pederson, President, Int,�rnauonal City/County 11anagemcnt Asscxcauun; County ♦tanager, Mancopa, Ancona Thursday, February 11 (continued) 9:15 -10:30 am j CONCURRF-%T SESSIONS I. Taking a New Look at Your Organimlion: The IBM Story of Restructuring A peek into IBM's efforts to restructure its orcani ration and how the Icssorts they learned might benefit city government. Speaker: ♦ Don Jones, Director. Public Sector Industry & Marketing, IBM. Bethesda. Maryland It. Should the Workers' Compensation System be Reformed? How can a city defend psychiatric claims that arc purely subjective in nature? Shouldn't public safety officers be required to assume more of the burdens provint that some sudden and extraordinary employment event is the predominant cause o: a psychiatric injury? What sort of limitations on retaliatory claims should be established to help self-insured employers? Is it appropriate :o limit applicant arrancy fees t.nd fees for medical examinations? Speaker. ♦ Lloyd Aubry, Director, Department of Industrial Relations. State of Catifomi. San Francisco (Invited) 111. Ethics in the City Management Profession An update on ethics issues from the perspective of the International City/County Management Association. Speaker: ♦ Mary Grover. Ethics Advisor. International City/County Manaccmcnt Association, Washington, D.C. 10:45 am - 12 noon I CONCURRENT SESSIONS 12 noon - 1:45 pm 2:00-3:30 pm I. City :►tanagers in Transition — the Partner's Perspective This will be a repeat of last year's insightful and popular program of city manage spouse partners discussing how they dealt with the transition process. 11. Diversity in the Work Place This session will describe an organization -wide change effort called "The Diver Commitment". a significant undertaking to create in one agency (City of San Diego) an environment where differences are valued. The methodology. educational content and strategy for implementing this change effort will be presented so you may adapt them to your city. Participants will also have an opportunity to experience some of the content used in the educational sessions. Speakers ♦ Trudy Sopp. Manager, Organizational Effectiveness, San Diego ♦ Dandle Scarborough, Specialist. Organizational Effectiveness, San Diego ♦ Oliver Brown, Specialist, Organisational Effectiveness. San Diego GENERAL LUNCHEON CONCURRENT SESSIONS 1. L.A. Riots and the Aftermath: The Local Government Response. — [low are cities responding programmatically". — I: your city immune' — W6 is the role of the City Manager in taking a leadership role? -- Concurrrnt Sessinn topics Continued on next paste -- Thursday, February 11 (continued) 3:00 - 3:30 pm CONCURRF\T SESSIONS tcontinued) 11. Retirement Ripoff: Public Pension Abw%e in California A look at potential public pension abuse in California including public safety disability retirements, spiking, weak PERS oversight. loopholes and sweetheart deals. Speakers: Christopher H. Schmitt. Rcponcr, San Jog Mercury ?yews • Peter Carey. Reporter. San l(we Mercury %ewe 3:30 - 5:00 pm I CONCURRENT SF.SSIONS I. Downsizing and Rightsizing —The Right Way A down-to-earth session on practical ways to accomplish downsizing and rightsizing in your organization. Speakers: • Frank Bcnest, City Manager. Brea ♦ Artie Croce, City Manager, San Mateo II. ICMA Dialogue on Proressional Development A di• mission exploring how competencies for local government professionals might be defined and ways in which measurement of those competencies might be accomplished. Speakers: * Ed Tewes, City Manager. Modesto ♦ Norm King. City Manger, Morcno Valley 5:00 - 6:00 pm , NO -HOST RECEPTION Friday, February 12 8:00 am -13 noon I REGISTRATION OPEN 9:00 - 10:45 am ( GENERAL SESSION How Should the Interrelationship Among Cities. Counties and Schools Be Restructured Fiscally? Who are the Players? How Would you Implement It? The purpose of this panel is to rise above the tactical and political issues we each encounter and to creatively discuss whether or not there are ways in which the fiscal interrelationship among local governments can and should be restructured. Presiding: ♦ Henry Gardner, City Manager, Oakland Cities: ♦ Hcnry Gardner, City Manager, Oakland ♦ Phil Hawkey. City Manager. Pasadena Counties: ♦ Sunnc %IcPcak-. Member. Board of Supervisors, Contra Costa County I State: ♦ B.T. Collins. As%cmhly Memher, 5th DiSUICt (Invited) -- General Session topics continued on next page -- Friday, February 12 (continued) 9:00 -10:45 am GFNI FRAL SESSION (continued) Schools: ♦ Sherry Bcbitch Jeffc. Claremont College. Senior Axsociate of the Center for Politics and Policy. and contnbuung editor. I.n. Anr_elcg Timcc (Invited) Labor. ♦ Owen Waters. Legislative Advocate. California Teacher's Association. Sxrrmento (Invited) Business: • Jeanette Garretty. Vice President and Senicx Economrse, Bank of America. San Francisco 11:00 am -1:00 pm I CONCLUDING LUNCHEON The State/Local Financial Partnership Speaker. ♦ Kathleen Brown. Treasurer. State of California (Invited) 1:00 pm I ADJOURN A G R E E M E N T THIS AGREEMENT made and entered into this 4th day of Sb torber 1985, by and between the �fiY OF LODI. ZAI.IFaiRTA, a municipal corporation, hereinafter called "CITY". and THOMAS A. PETERSON, hereinafter called "EMPLOYEE", both of whom understand as follows: W I T N E S S E T H: WHEREAS, EMPLOYEE has been and is now engaged in the discharge of his duties as City Manager; and WHEREAS, EMPLOYEE has the duty to exercise administrative supervision and control over all departments of CITY and to act as appointing authority of all department heads as provided in Title II, Section 2.12.060, subsections (B) and (C) of the City of Lodi Municipal Code; and WHEREAS, EMPLOYEE has the duty and herein commits to devote his full time and energies in the best interest of CITY. and to act in accordance with the duties and responsibilities of the position of City Manager as set forth in Title 2. Chapter 2.12 of the Lodi Municipal Code; and WHEREAS, it is the desire of CITY to (1) retain the services of EMPLOYEE and to provide inducement for him to remain in such employment; and (2) to make possible full work productivity by assuring EMPLOYEE'S morale and peace of mind with respect to future security; and (3) to provide a just means for terminating EMPLOYEE'S services at such .time as he may be unable to discharge fully his duties due to age, disability, or because CITY otherwise desires to terminate his employ; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. General City hereby agrees to continue to employ EMPLOYEE as City Manager of CITY to perform the functions and duties specified in Article I1 of the City of Lodi Municipal Code, and such other functions and duties as the City Council shall from time to time assign to him. 2. Base_ Compensation CITY agrees to pay EMPLOYEE a base salary of $56,232 per year, which sum may be adjusted from time to time by action cf the City Council, payable in twenty-six (26) equal installments at the same time as other City employees are generally paid. -1- 3. 4. 5. 6. T. 8. Deferred Compensation In addition to said base compensation, CITY agrees to deposit annually an amount equal up to three (3) percent of EMPLOYEE'S base compensation in a deferred compensation plan approved by CITY on behalf of EMPLOYEE, provided an equal amount is deposited by EMPLOYEE. Automobile To assist and facilitate EMPLOYEE'S duties and responsibuilities on behalf of CITY, CITY agrees to provide EMPLOYEE with an automobile of a type and style reasonably appropriate to EMPLOYEE's office. All expenses for the purchase, Iease, maintenance, insurance, fuel and the like shall be paid by CITY. Dues, Subscriptions, Memberships CITY shall pay such professional dues, subscriptions and memberships in such organizations necessary for EMPLOYEE to maintain professional relationships in appropriate national, regional, state and local associations and organizations necessary and desirable for his continued professional growth and advancement and benefit to CITY. General Expenses EMPLOYEE shall be permitted to attend conferences, seminars, and/or other such meetings, the reasonable cost of which shall be paid by CITY. Vacation Leave EMPLOYEE shall be granted paid vacation leave at the same rate of accumulation granted all other City employees. Upon termination or resignation of employment. EMPLOYEE or those entitled to his estate, shall receive a lump sum payment for unused or accumulated vacation time to his credit at his payrate as of the date of termination. Sick Leave EMPLOYEE shall be granted sick accumulation granted all other EMPLOYEE shall be credited effective April 1, 1985. additional sick Ieave for t months, after which DIPLOYEE sl same rate of accumulation employees. -2- leave at the same rate of City employees, except that with 12 days sick leave EMPLOYEE shall earn no he following twelve (12) call earn sick leave at the granted all other City 12. 13. 14. Administrative Leave CITY agrees to grant EMPLOYEE eighty (80) hours of administrative leave per calendar year. forty (40) hours of which may be taken in pay. Holidays EMPLOYEE shall receive the same number of paid holidays granted all other City employees. Retirement CITY is a full member of the Public Employees Retirement System (PERS) to which CITY agrees to contribute to EMPLOYEE'S retirement account the total amount required by it and EMPLOYEE'S contribution of seven (7) percent to the membership contract with PERS for each pay period. Health Insurance CITY agrees to provide EMPLOYEE and his dependents with medical. dental. vision, and long term disability insurance at no premium cost to EMPLOYEE. The amount of any deductible or co-insurance under CITY'S insurance plan shall be paid by EMPLOYEE. Severance Pay In the event EMPLOYEE is terminated by City Council during such time that EMPLOYEE is willing and able to perform the functions and duties of City Manager, then, in that event. CITY agrees to pay EMPLOYEE a lump sum cash payment equal to six (6) months' aggregate salary. However, if EMPLOYEE is terminated because of his conviction of any illegal act involving personal gain to him. then. in that event, CITY shall have no obligation to pay the aggregate severance sum provided in this section. Employment Term a. EMPLOYEE shall serve as an "at pleasure" appointee of the City Council. b. Nothing in this agreement shall prevent, limit or otherwise interfere with the rights of the City Council to terminate the services of EMPLOYEE. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of EMPLOYEE to resign at any time from his position of City Manager, subject only to the provisions set forth in Section 15 hereof. -3- 15. Resignation In the event EMPLOYEE terminates this agreement by voluntary resignation of his position with CITY, EMPLOYEE shall not be entitled to severance pay otherwise provided in Section 13 herein. In the event EMPLOYEE voluntarily resigns his position with CITY, he shall give CITY at least forty-five days advance written notice. He shall be entitled to all earned salary and in -lieu vacation leave. 16. Other Terms and Conditions All provisions of the City of Lodi Municipal Code, official policies and regulations and rules of CITY relating to vacation, retirement system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to EMPLOYEE as they would to other management employees of CITY in addition to said benefits set out herein. 17. Severability If any provision, or any portion of any provision hereof, is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement. or portion hereof, shall be deemed severable and shall not be affected. but shall remain in full force and effect. 18. Execution IN WITNESS WHEREOF, the City Council of the City of Lodi has caused this agreement to be signed and executed in its behalf by the Mayor, and EMPLOYEE has signed and executed this agreement as of the day and year first above written. EMPLOYEE Br: •City Manager ATTEST: CITY By— Mayor APPROVED AS TO FORM: -4- V Aiiorne iRSONAL SERVICES ArREEMEW'- Jennifer Perrin and City of Lodi This is to certify that 1, Jennifer Perrin, accept the position of City Clerk with the City of Lodi (hereafter referred to as "City") at a base salary of $32,582.22 annually effective January 18, 1993. This base salary may be modified based on merit in six months to $37,291.11, and at the completion of one year to $42,000.00, and reviewed annually thereafter. The following terms and benefits are understood: 1. Your current level of benefits will remain the same except for the following changes: a. The City will pay the entire dental insurance premium for any dependent coverage. b. Your life insurance coverage will be increased to the rate of 1-112 times your annual salary rounded to the next highest $1,000. plus $12,000. Tn addition, you and ;our spouse will be insured under the City's travel accident policy. C. The City will provide you with ten (10) days of administrative leave each fiscal year (to be prorated) as you will nc longer be eligible for overtime pay. d. You may continue to participate in the deferred compensation program, but will no longer be eligible to receive a 2.5% city -matched contribution. e. You will receive a car allowance of $350.00 per month (to be prorated for Jaiwary). f. You are eligible to receive reimbursement for costs not covered by your medical insurance for annual physical examinations. g. You will receive any other benefit included in the Management Statement of Benefits not specified herein. h. The office of City Clerk is zn at -will position serving at the pleasure of the City Council. � i• � r ill V•G�t.i_t �y� 1 nnifer Perrin Date: 2 z-) Phillip A. 1?e�nino Mayor, City of Lodi Date: 1 '�. � n Approvve�ed,, as to Form: '(�JW — AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of May, 1988, by and between the CITY OF LODI, a municipal corporation of the State of California, hereinafter "CITY" and BOBBY W. McNATT, hereinafter "EMPLOYEE", who hereby agree as follows: WITNESSETH: WHEREAS, EMPLOYEE has been engaged to perform the duties as City Attorney for CITY; and WHEREAS, EMPLOYEE has the duty to perform the functions and duties specified in the California Government Code, Business and Professions Code, Rules of Professional Conduct for Attorneys and other state and local statutes, and to perform such other legally permissible duties and functions as the City Council shall from time to time assign: and WHEREAS, it is the desire of CITY to (1) retain the services of EMPLOYEE and to provide inducement for him to remain in such employment; and (2) to make possible full work productivity by assuring EMPLOYEE'S morale and peace of mind with respect to future security; and (3) to provide a just means for terminating EMPLOYEE'S services at such time as he may be unable to discharge fully his duties, due to age, disability, or because CITY otherwise desires to terminate his employment; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. GENERAL CITY hereby agrees to continue to employ EMPLOYEE as City Attorney to perform the functions and duties specified above and all other duties necessary and proper in the conduct of an attorney-client relationship. 2. BASE COMPENSATION CITY agrees to pay EMPLOYEE a base salary of Fifty Eight Th;,;sand Nine Hundred and Twenty Dollars ($58,920) per year, which sum may be adjusted from time to time by action of the City Council, payable in twenty-six (26) equal installments at the same time as other CITY employees are generally paid. In addition, CITY agrees to increase said base salary of EMPLOYEE in such amounts and to such an extent as the City Council may determine that it is desirable to do so on the same basis of an annual salary review of said EMPLOYEE made at the same time as simi'.ar consideration is given other employees generally. -I- .Z0 EMPLOYEE'S first review shall occur on December 1, 1988. For purposes of fringe benefits, EMPLOYEE is considered to be a CLASSIFICATION "A" employee as defined in Resolution No. 3336 — "A Resolution Adopting Management Incentive Plan as City Policy" which was adopted by the Lodi City Council on March 16, 1977, except that no CITY contributions are made to EMPLOYEE'S Deferred Compensation Account. 3. DUES, SUBSCRIPTIONS and MEMBERSHIPS CITY shall pay suc. professional dues, subscriptions and memberships in such organizations necessary for EMPLOYEE to maintain professional relationships in appropriate national, regional, state and local associations and organizations necessary and desirable for EMPLOYEE'S continued professional growth and advancement and benefit to CITY. 4. PROFESSIONAL DEVELOPMENT CITY recognizes and wishes to encourage the professional development of EMPLOYEE. To this end, EMPLOYEE is encouraged to continue his professional development through his involvement with professional societies and organizations including but not limited to the League of California Cities, NIMLO, Valley City Attorneys' Group, and other similar national, regional, State and local organizations. CITY agrees to budget and pay for reasonable travel and subsistence expenses of EMPLOYEE in attending such meetings and conferences which assist in EMPLOYEE'S professional advancement. 5. VACATION LEAVE EMPLOYEE shall be granted paid vacation leave at the same rate of accumulation granted to other City employees. Upon termination or resignation of employment, EMPLOYEE or those entitled to EMPLOYEE'S estate shall receive a lump sum payment for unused or accumulated vacation time to his credit at his pay rate as of the date of termination. 6. SICK LEAVE EMPLOYEE shall be aranted sick leave at the same rate of accumulation granted to other CITY employees. CITY shall advance to EMPLOYEE, twelve (12) days of sick leave against his first year's accumulation as of the date of his employment, May 2, 1988. 7. ADMINISTRATIVE LEAVE CITY agrees to grant EMPLOYEE eighty (80) hours of administrative leave per calendar year, forty (40) hours of which may be taken in pay. 8. HOLIDAYS EMPLOYEE shall receive the same number of paid holidays granted to other Management employees. -2- 9. HEALTH INSURANCE CITY agrees to provide EMPLOYEE and his dependents with medical, dental, vision and long-term disability insurance at no premium cost to EMPLOYEE. The amount of the deductible or co-insurance under the City Plan shall be paid by EMPLOYEE. 10. RETIREMENT CITY is a full member of the Public Employees' Retirement System (PERS) to which CITY agrees to contribute to EMPLOYEE'S account, the total required by it and also EMPLOYEE'S contribution of seven (7) percent to the membership contract with PERS for each pay period. Pursuant to a City Council policy previously established. EMPLOYEE shall advise the City Council at least six (6) months prior to his anticipated date of retirement. 11. SEVERANCE PAY In the event that EMPLOYEE is terminated by the City Council during such time that he is willing and able to perform the functions and duties of City Attorney, then in that event, CITY agrees to pay to EMPLOYEE a lump sum cash payment equal to six (6) months aggregate salary. However, if EMPLOYEE is terminated because of his conviction of a crime of moral turpitude. CITY shall have no obligation under this section to pay any sums so provided. 12. MOVING EXPENSES CITY agrees to pay reasonable moving expenses for EMPLOYEE'S move and relocation from his present residence to a home in the Lodi area. EMPLOYEE shall obtain three estimates for such moving costs, and CITY shall pay an amount equal to the lowest estimate. 13. EMPLOYMENT TERM EMPLOYEE shall be deemed an at -will employee and shall serve at the pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the City Council to terminate the services of EMPLOYEE, nor the rights of EMPLOYEE to resign at any time from his position as City Attorney. 14. RESIGNATION In the event EMPLOYEE terminates this Agreement by voluntary resignation of his position as City Attorney, EMPLOYEE shall not be entitled to severance pay otherwise provided in Section 11 of this Agreement. In the event EMPLOYEE shall voluntarily resit., he shall give at least sixty (60) days written notice in advance. EMPLOYEE shall be entitled to all earned salary and in -lieu vacation leave. -3- 15. OTHER TERMS AND CONDITIONS All provisions of t::e Lodi Municipal Code, official policies and regulations and rules of CITY relating to vacation, retirement system contributions, holidays and other fringe benefits and working conditions as they now exist or may hereafter be modified, shall also apply to EMPLOYEE as they would to other Management employees of CITY in addition to the benefits set out herein. 16. SEVERABILITY If any provision, or portion of any provision hereof shall be deemed unconstitutional, unenforceable or otherwise invalid, the remainder of this Agreement shall be deemed severable and shall not be affected, but shall remain in full force and effect. 17. EXECUTION IN WITNESS WHEREOF, the City Council of the City of Lodi has caused this Agreement to be signed and executed in its behalf by the Mayor, and EMPLOYEE has signed and executed this Agreement as of the day and year first written above. ATTEST: ALICE M.gez"'PAL— REIMeHE City Clerk AGRMCNAT.TJTXTA.01`J CITY OF LODI, a municipal corporation rtry EMPLOYEE BOBBY W. McNATT- APPFOVED AS TO FORM City Clerk Alice M. Reimche -4- MEMORANDUM sasssasssass:sssass TO: Councilmember Davenport FROM: City Manager DATE: February 25, 2993 SUSJ: Acccanting for Time Off by City Manager, City Attorney, City Clerk This memo is in response to how time off from work is charged by the . City Manager, the City Attorney and the City Clerk. Time off from work is charged to vacation leave, holiday leave or administrative leave. Time cff as a result of illness is charged to sick leave. There are rare occasions when one of these employees may leave work early on a particular day, perhaps prior to an evening meeting or perhaps at tnE end of an exceptionally long week. There are no abuses. There is no written policy. TAP:br cc: Councilmembers CCCOM735iTXTA.07A