2002/01/08 City Council Resolution (7)RESOLUTION NO. 2002-06
ACCEPTING COMPLETION AND DIRECTING
CITY ENGINEER TO FILE NOTICE OF COMPLETION
MAGNOLIA PARK POOL
PROJECT NO. 1999 -09
RESOLVED, by the City Council of the City of Rohnert Park, Sonoma County,
California, that
WHEREAS, the City Engineer of said City has filed with the Clerk of said City his
Engineer's Certificate as to the completion of all of the work provided to be done under and
pursuant to the contract between said City and CG Builders, dated June 5, 2000, and
WHEREAS, it appears to the satisfaction of this Council that said work under said
contract has been substantially completed and done as provided in said contract and the plans and
specifications therein referred to.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. That acceptance of said work be, and it is hereby made and ordered accepted.
2. That the City Engineer is directed to execute and file for record with the County
Recorder of the County of Sonoma, Notice of Completion thereof, pursuant to
Section 3093 of the Civil Code of the State of California.
DULY AND REGULARLY ADOPTED this 8th day of January 2002.
CITY OF ROHNERT PARK
CiW
RONN� Paayor
ATTEST:
De ty Ci lerk
MACKENZM AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE FLORES: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
EXHIBIT A
RESOLUTION NO. 90---L'2
A RESOLUTION AUTHORIZING ADDITIONAL BENEFITS
FOR CERTAIN KEY CITY POSITIONS
WHEREAS, the City Council of the City of Rohnert Park recognizes that the
successful operation of the City organization is in large measure due to the interest
and job dedication of certain key management employees; and
WHEREAS, certain key management employees are identified as the following
positions:
Mayor, City Council Members, City Manager, Director of Administrative
Services /Asst. to the City Manager, Assistant to the City Manager, Director of
Public Works /City Engineer, Supt. of Public Works, Asst: Supt. of Public Works,
Planning Director, Senior Building Inspector, Director of Public Safety, Public
Safety Division Commanders, Recreation Director. Finance Director /Treasurer,
Public Safety Supervisors (Lieutenants), and Director of the Performing Arts
Center; and
WHEREAS, it is acknowledged that persons occupying these positions are expected
to put in whatever time is necessary to accomplish the responsibilities and duties of
their positions to meet the goals of the City administration and in many instances
this results in work weeks far in excess of the standard 40 hours per week; and
WHEREAS, it is further acknowledged and reaffirmed as City policy that persons
occupying the aforementioned positions are not paid an overtime pay premium which is
paid to all other employees who work hours over and above their normal S hour day or
40 hour week work schedule; and
WHEREAS, the aforementioned positions can and are commonly referred to as the
"management team" for City operations; and
WHEREAS, the Council wants to appropriately recognize and compensate the
management team for its dedication to duties and responsibilities and at the same
time to set it apart from all other employees and to encourage the continuation of
their high job interest and dedication over and above that normally demanded of other
City employees; and
WHEREAS, many other cities throughout the State of California provide extra
fringe benefits to their management personnel in recognition of the important role
that the management team plays in a City's operations.
NOW, THEREFORE. BE IT RESOLVED by the Council of the City of Rohnert Park as
follows:
1. That the following fringe benefits are hereby approved for the employees in
the certain key management positions previously identified in this resolution.
1.1 Health Insurance - Payment by City of premiums for and any deductible
or co- payment required by R.E.M.I.F., Kaiser, Health Plan -of the
Redwoods or any other offered Health Maintenance Organization.
1
1.2 Physical Examinations - Any unreimbursed costs for routine phys l
examinations of the employee after any payments made for same under
City provided health insurance program which is administered by the
Redwood Empire Municipal Insurance Fund (REMIF).
1.3 Counseling Service - Payment by the City of any unreimbursed costs, up
to a maximum City reimbursement of $1,000 per family per calendar year,
for professional counseling service charges which are not paid for by
City provided or other insurance which the employee may have.
services not covered by City provided health insurance programs with a
maximum calendar year benefit of $1,000 per calendar year per family.
1.4 Life Insurance - $50,000 each employee, $5,0001 spouse, and $5,000 each
dependent.
1.5 Dental Coverage - To pay any co- payment required as a result of
services provided under City provided Dental Program.
1.5.1 With the approval of the City Manager, the calendar year
maximum benefit may be exceeded for good cause and charged
against future years according to the following schedule:
Excess Yearly
Maximum Benefit No. of.
Employee's to be Charged Against Future Years
Years of Service Future Years Maximums Over Which Prorate
5 $ 1,000 2
5 -10 $ 2,000 4
11 -15 $ 4,000 8
12
16 or more $ 6,000
1.5.2 If an employee terminates for any reason, other than normal
retirement at age 50 or thereafter or for a work - relate
disability retirement, and draws a PERS retirement benefit, the
amounts charged against future years must be refunded to City.
An agreement to this effect mist be executed with employee as
condition precedent to the i_:ty Manager's Dora "'1 to excee -ci
calendar year maximum benefit.
1.6 Administration Leave - Four (4) administrative leave days per year,
which, if not taken in time off, shall be paid for in cash at the end
of each calendar year, i.e. Dec. 31st.
Administrative leave days are to be taken off in maximum units of one
(1) day at a time and may not be used in conjunction with vacation
leave or sick leave.
1.7 Long Term Disability - Two - thirds (2/3) of salary to a maximum salary
of $6.000 per month (equals $4,000 payment) applicable to all
employees, based on salary.
N
1.8 Court Time— Department of Public Safety employees who are classified
as management employees shall receive the equivalent of three (3) hours
pay if required to testify in court on off -duty time.
1.9 Use of City Facilities - Employees and their spouses will be allowed to
participate with no fee imposed in open gym and use the weight room and
locker room facility at the Sports Center when such facilities are open
and also participate in the lap Swim Program conducted at the City's
swimming pools. Other activities in the Sports Center requiring
payment of a fee can be discussed with the City Manager for
consideration of a waiver of part or all of the fee.
2. That a family member is as defined in the City provided health plan
administered by the Redwood Empire Municipal Insurance Fund.
3. That participation at City expense of the members of the City Council and
their spouses and /or dependents in the following employee benefit programs
on the same basis as provided to the City's key management employees is
authorized with the condition that participation by City Council Members in
the listed programs at City expense is permissive and not mandatory and is
subject to the decision of each individual City Council Member:
1. Medical b Health Program
2. Dental Program
3. Vision Care
4. Deferred income (but without any City contribution)
5. Public Employees Retirement System
8 Use of City facilities
7. Continuation of health and medical coverage, dental program, and vision
care benefits after retirement .according to State law with the
exception that Council Members will be exempt from the phyision that
they be regalving a retirement allowance from PERS in order to be
considered retit -e6.
7.1 The City will cover costs of -\the programs for,City Council
Members including \their spouse's, and or dependents as follows:
7.1.1 One hundred ,percent (100X) for City Council Members who:
(a) have at Least twelve (12) years of service with the
City, either as a member of the City Council or
combined with service as a member\ of a City
Commission; and
(b) retire from City\ ervice or are not re- elected to
office; and
(c) are 50 years of age.or older; and
(d) have been covered by the City's health insurance
programs for the three (3) years immediately
preceding their retirement, Qr departurb from
city service.
3
7.1.2 Fifty percept (50X) for City Council Members who:
(a) have lest than twelve (12) sears but at least eight
(8) years of combined service with the City, either
as a member of the City Council or combined with
service as a member of a City Commission; and
(b) retire from City service and /or are not re- elected
to office; and
(c) have been covered by the City's health Insurance
program for the three j3) years immediately
preceding their retirement or departure from City
service.
7.2 For purposes of this section a Council Member's term of office
which exceeds three (3) years and 300 days in length of continuous
service shall be considered as a full fiaur (4) years in length.
7.3 The option to cqntinue fin the programs must be exercised by the
Council Member before leaving office,
4. That the benefits provided in this resolution, insofar as they may be
made applicable, shall be made available to PERS retirees from said posit
who retire after July 1. 1990.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to be
responsible for the appropriate administration of this resolution and to provide the
City Council periodic reports of costs incurred by the City for the benefits provided
hereunder.
BE IT FURTHER RESOLVED that this resolution supersedes and rescinds Resolutions
Nos. 87 -38, 87 -47, and 89 -118.
DULY AND REGULARLY ADOPTED this 11th day of September, 1990.
r TTV nr nn11111-nT n ■nv
EXHIBIT B
RESOLUTION NO. 89- 117
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK OUTLINING CERTAIN CONDITIONS
OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY
ADJUSTMENTS FOR NON- REPRESENTED EMPLOYEES
RESOLVED by the Council of the City of Rohnert Park that the "Outline of
Certain Conditions of Employment, Fringe Benefits and Salary Adjustments," dated
July 24, 1989, a copy of which is attached hereto and by references made a part
hereof be, and the same is hereby approved and made applicable to all regular
full -time and permanent part -time employees not covered by separate Memorandums
of Agreements with recognized employee organizations.
DULY AND REGULARLY ADOPTED this 24th day of July, 1989.
CIZOFROHN PARK
Mayor
(' t
89MISC - July 24, 1989
OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT,
FRINGE BENEFITS, AND SALARY ADJUSTMENTS
1. Hours of Work
1.1 The regular work week for all employees employed as of June 30, 1986,
shall be five (5) consecutive work days, Monday through Friday.
The regular work week for employees hired after June 30, 1986 shall be
five (5) work days designated by the City at its sole discretion.
1.1.1 through 1.1.3 (Numbers intentionally omitted - not used in
this document)
1.2 through 1.4 (Numbers intentionally omitted and not used in this
document)
1.5 Except as provided for herein, the regular work day for all employees
employed as of June 30, 1986 shall consist of eight (8) hours of work
commencing at 8 a.m. and ending at 5 p.m., unless otherwise provided
for, such as shift work or other arrangement between an employee and a
Department Head.
The regular work day for employees hired after June 30, 1986 shall
consist of eight (8) hours of work with the hours to be designated by
the City at its sole discretion.
2. Overtime /Comvensatory Time
2.1 Overtime compensation at the rate of one and one -half times the
employee's regular hourly rate of pay shall be paid for all hours
worked;
2.1.1 In excess of forty (40) hours in any work week.
2.1`2 In excess of eight (8) hours in any one work day.
2.1.3 On any Saturday or Sunday, or Holiday as defined by this
Outline.
2.2 Section 2.1 shall not apply to those positions which do not receive
overtime pay viz, City Manager, Director of Administrative
Services /Assistant to the City Manager, Assistant to the City Manager,
Finance Director, Planning Director, Director of Public Safety, Public
Safety Division Commander, Public Safety Supervisor, City Engineer,
Superintendent of Public Works, Assistant Superintendent of Public
Works, Senior Building Inspector, Recreation Director and Theatre
Manager. These positions shall be considered exempt positions.
2.3 through 2.10 (Numbers intentionally omitted and not used in this
document)
July 24, 1989
� f
3.1.16 Each day that the Governor declares a day of mourning or
special observance as a holiday for State employees if the
declaration makes it applicable to City employees.
3.2 When a holiday falls on Sunday, the following Monday shall be
observed.
3.3 When a holiday falls on Saturday, the preceding Friday shall be
observed.
4. Vacation
4.1 That the following vacation schedule be retained effective July 1,
1989:
Years
of Service
Monthly
Annual
(Inclusive)
Vacation
Rate
Vacation Days
Up to
2 years
5/6 day
10
12
3 to
5 years
1
day
15
6 to
10 years
1
1/4 days
18
11 to 15 years
1
1/2 days
20
Over
15 years
1
2/3 days
4.2 Vacation may be accumulated to a maximum of 30 days, provided that
each employee is required to take a minimum of 10' days vacation
annually. Employees may make special arrangements with the Department
Head and the City Personnel Officer to reduce to five (5) days the
minimum number of required vacation days to be taken annually and /or
accumulate beyond the normal maximum of 30 days, if the employee has
plans for an extended vacation. .
4.2.1 Throughout the year the maximum vacation accrual can exceed
thirty (30) days, however on December 31st of each year,
unless special arrangements have been made and approved by the
City Manager, employees with accrued vacation exceeding thirty
(30) days will lose all days in excess of the thirty (30) days
maximum.
4.3 Employees must work a minimum of six (6) months before any vacation
earned will be credited to said employee.
4.4 Vacation benefits shall be earned and accrued to employees who are
actively working or are taking leave due to an approved City program
or benefit. Vacation benefits do not accrue to employees on absences
from work for over ninety (90) consecutive days whereas the employees
become eligible for the City's long term disability program for either
industrial or non - industrial injury or sickness.
4.5 Seasonal, seasonal part -time and temporary employees shall not accrue
vacation benefits:
4.6 Preference for vacation scheduling will be on the basis of seniority
within classification.
3 -
July 24, 1989
(1) Annual Increase in Benef its
At the completion of each employee's anniversary "year of service ",
,benefits will be increased in keeping with the schedule.
(2) How Benefits are Renewed
Whenever an employee has worked 26 weeks or more since the employee's
last paid disability, the full schedule of benefits is renewed
automatically in accordance with the employee's service. The employee
is always eligible for the scheduled amount of benefits, less
accumulated periods of paid disability which have ocurred since the
employee worked a period of 26 weeks.
(3) How Benefits are Calculates
An employee's disability pay will be calculated on the basis of the
employee's normal earnings exclusive of overtime.
(4) Notification Requir
When an employee becomes ill or disabled, the employee must give
notice immediately to the employee's supervisor or the Personnel
Office. Normally, the employee's waiting period or benefits will not
start until the day such notice has been received by the City.
Employees are also asked to notify the City as soon as possible when
they expect to return to work. Notice may be given by telephone,
letter, or message delivered by a fellow employee. It is important,
however, that the employee's supervisor know when the employee may be
expected to return in order that reassignment of temporary
replacements may be handled in an orderly manner.
- 5 -
July 24, 1989
16
5
5
5
19
6
22
7
7
25
8
8
28
9
9
32
10
10
31
11
11
30
12
12
29
13
13
28
14
14
27
15
15
26
16
16
25
17
17
24
18
18
23
19
19
22
20
20
21
21
21
20
22
22
19
23
23
24
18
24
17
25
25
16
26
26 or more
(1) Annual Increase in Benef its
At the completion of each employee's anniversary "year of service ",
,benefits will be increased in keeping with the schedule.
(2) How Benefits are Renewed
Whenever an employee has worked 26 weeks or more since the employee's
last paid disability, the full schedule of benefits is renewed
automatically in accordance with the employee's service. The employee
is always eligible for the scheduled amount of benefits, less
accumulated periods of paid disability which have ocurred since the
employee worked a period of 26 weeks.
(3) How Benefits are Calculates
An employee's disability pay will be calculated on the basis of the
employee's normal earnings exclusive of overtime.
(4) Notification Requir
When an employee becomes ill or disabled, the employee must give
notice immediately to the employee's supervisor or the Personnel
Office. Normally, the employee's waiting period or benefits will not
start until the day such notice has been received by the City.
Employees are also asked to notify the City as soon as possible when
they expect to return to work. Notice may be given by telephone,
letter, or message delivered by a fellow employee. It is important,
however, that the employee's supervisor know when the employee may be
expected to return in order that reassignment of temporary
replacements may be handled in an orderly manner.
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July 24, 1989
W
6.3.2.5 Effect on Vacations - For employees on a vacation and
become ill, the Disability Wage Plan will not apply
until the day employees are scheduled to return to
work.
The disability benefits are entirely separate from
any vacation to which employees are entitled. Under
most circumstances, disability absences will not
disqualify employees for eligibility for a vacation.
In some cases, however, prolonged periods of
disability may affect employees vacation eligibility.
6.3.2.6 Holidays during Disab' itv - If a holiday occurs
during a period when employees ae disabled, the
holiday will not be charged against the days of
disability pay for which employees are eligible.
6.3.3 Employees may use up to three (3) days sick leave for
paternity leave, following the birth of a child.
6.3.4 Sick leave benefits shall be earned and accrued to employees
who are actively working or are taking leave due to an
approved City program or benefit. Sick leave benefits or
accruals do not apply to employees on absences from work for
over ninety (90) consecutive days.
."
Employees injured or ill from either on the .job (industrial) or off
the job (non - industrial) causes may, at the City's sole discretion, be
assigned to light, limited, or modified duty. Such assignments may be
the
temporary or permanent. They may involve duties that differ modified
normal work duties of the employee. Such light,
duty shall terminate when the employee is physically able to perform
all his/her normal work duties.
6.5 E1ppIoyee Death - Upon death of an employee, any unused vacation and
compensatory time shall be paid to the employee's surviving spouse or
bendficiary.
6.6 Medical and Health - That the City continue to provide, at o pre ium
cost to employees and dependents, medical/health program including provided its by
the Redwood Empire Municipal Insurance Fund (REMIF ,
maternity benefits, and City agrees to absorb any increases in premium
for same during the term of this Outline.
6.6.1 Employees may choose an available Health Maintenance
Organization (HMO) offered by the City for their
medical/health insurance overage. The City's contribution of
f or the
premium for said coverage shall exceed the
the
R.E.M.I.F. Plan plus
R.E.M.I.F. Plan and the Kaiser Plan or Health Plan of the
Redwoods, whichever pertains.
- July 24, 1989
6.11 Funeral Benefit - City will provide a fifty percent (50X) co- payment,
not to exceed $2,0009 for funeral expenses for an employee or their
spouse only. This funeral benefit will be considered secondary to and
shall be coordinated with any and all other funeral benefits that may
be payable to employee or spouse.
6.12 LQ31Q -Term Disability Insurance - That the City continue to provide, at
no premium cost to employees, the long -term disability income
protection insurance coverage now being provided. (Presently lard
Insurance Company Group Policy No. 324791).
be 66 2/3% of the employee's monthly base pay with a maximum benefit
of $2,000.
6.13 (Number intentionally omitted and not used in this document)
6.14 Life Insurances
6.14.1 That the City will continue to provide, at no premium cost to
employees, $10,000 life insurance coverage provided to
employees and $1,000 for dependents, and which coverage
includes accidental death and dismemberment benefits.
6.14.2 That the City allow, subject to the insurance carrier's
approval, any employees to purchase, at their own cost,
additional life insurance coverage under the City's group
program.
6.15 Deferred Income - That the City will continue to make available to the
employees a deferred income program, now being administered by Great
Western Savings and Loan Association or a similar program with another
institution acceptable to City.
,cabled Emvloyee� - That the
6.16 Retired and /or PermanentlX, and Totally D dental program, and
City will provide medical and health coverage,
vision care benefits to the following:
6.16.1 To employees who have at least ten (10) years of continuous
° service with the City and who retire upon reaching normal
retirement age or thereafter. Coverage will extend to
eligible dependents. Retirement is when an employee is
receiving a retirement allowance from PERS.
6.16.2 To employees who have at least ten (10) years of continuous
service with the City and who become permanently or totally
disabled. Totally disabled will be construed as having a
disability rating in excess of 50%.
6.16.3 To the surviving spouse and dependents of an employee who died
while a City employee after ten (10) or more years of
continuous service with the City.
6.16.4 Benefits provided
Medi -Care, Medi -C<
to the employee,
coverage which is
the benefits are
program.
under this section shall coordinate with
il, and any other welfare program available
which shall be primary to City provided
determined to be secondary. In addition,
subject to the characteristics of each
- 9 -
July 24, 1989
6.21 City will continue to provide the Dependent Care Assistance Program
(DCAP) as authorized by the IRS and the City agrees to investigate and
possibly implement additional programs for the set -aside of employee
pre -tax dollars for uncovered medical expenses, legal service
programs, insurance programs or other qualified benefits as approved
by the Internal Revenue Service (IRS) and the California Franchise Tax
Board.
6.22 Compliance with Internal Revenue Code Section 89_ - The Employee
Retirement Security Act (ERISA) Section 402 plan documentation
requirements and IRC Section 89 basic qualification standards, the
City states the following in regard to its employee benefit plans:
6.22.1 That the City has established and maintains core medical,
dental, vision and life insurance benefit plans in writing for
qualified employees;
6.22.2 That eligible employees are provided with legally enforceable
rights to benefits under these plans;
6.22.3 That the City provides reasonable written notification to
eligible employees of benefits available under each plan;
6.22.4 That the City has established these plans for the exclusive
benefit of its eligible employees; and
6.22.5 Plan Amendment and Termination. Pursuant to the terms in the
group insurance contract(s), the City can amend or terminate
the group insurance contract(s) through which benefits are
provided under the plan. Although the City established the
plan with the intent to maintain it indefinitely, the employer
can amend or terminate the plan at any time. The City's
decision to amend or terminate the group insurance
contract(s) or the plan are not fiduciary decisions that must
be made solely in the interest of the employees, but are
business decisions that can be made solely in the City's
interest.
7. through 8. "(Numbers intentionally omitted and not used in this document)
9. Sa es /Cost of Living
9.1 That the salary rates presently in effect (at June 30, 1989) will be
adjusted by 4% for exempt positions and 5 -1/2% for other positions
effective August 1, 1989-
9.2 That a cost of living adjustment be provided effective February 1,
1990 to all employees of the City covered by this outline. Said
adjustment is to reflect the increase in the cost of living index for
the San Francisco - Oakland area as shown in the Consumer Price Index
titled "Urban Wage Earners and Clerical Workers - All Item Indexes"
issued by the U.S. Department of Labor. The parties agree that said
adjustment is that representing the percentage increase in the cost of
living between the June 1989 index and the December 1989 index less 1
1/2% but in no event shall the adjustment exceed 7% or be less than 3
1/2 %.
- 11 -
July 24, 1989
9.8 That a further cost of living adjustment be provided effective
February 1, 1993 to all employees of the City covered by this outline.
Said adjustment is to reflect the increase in the cost of living index
for the San Francisco - Oakland area as shown in the Consumer Price
Index titled "Urban Wage Earners and Clerical Workers - All Item
Indexes" issued by the U.S. Department of Labor. The parties agree
that said adjustment is that representing the percentage increase in
the cost of living between the June 1992 index and the December 1992
index less 1 1/2% but in no event shall the adjustment exceed 7% or be
less than 3 1/2 %.
9.9 through 9.11 (Numbers intentionally omitted and not used in this
document)
9.12 Pav Checks - Pay checks shall be distributed by City to employees by
noon on pay day.
10. Alcohol .- The City will continue to assist employees who have alcohol or
alcohol related problems. It is acknowledged that cooperative efforts will
give employees a much better opportunity to recover from this very serious
health problem.
11. Physical Fitness - City acknowledges the importance of employees maintaining
proper physical and mental condition in or to perform job duties in a manner
acceptable to the City. City can, at its option and cost, require a
complete physical examination for any or all employees at any time to
determine job fitness.
11.1 through 11.3 (Numbers intentionally omitted and not used in this
document)
11.4 To assist employees in maintaining proper fitness, proper diet and
consistent weight control, the City will pay 50% of a qualified
dietary and weight reduction program approved by the City. The 50%
payment shall not exceed $200.00 and shall be paid 25% upon reaching
goal weight and certified by a weight loss consultant and the balance
of 25% six (6) months after reaching goal weight if goal weight is
maintained. Goal weight is defined as the maximum weight allowed
under the City's height /weight relationship requirements or a lower
amount as required by the dietary and weight control program.
Payments will be made as a reimbursement.
12. Smoking
12.1 In recognition of the nation -wide concern with smoking and the
relationship it has to heart disease. City agrees to provide a $25
pay premium to all employees who refrain completely from the use of,
tobacco in any form. Any employee receiving the pay premium for not
smoking and who starts smoking, shall rebate to City all paid non-
smoking premium paid by the City to said employee during the immediate
12 months preceding.
12.2 Employees hired with a condition that they not smoke shall be required
to remain non - smokers throughout their employment. A non - smoker shall
not smoke or use any tobacco product either on or off -duty while
employed. An affidavit signed on a periodic basis by employee shall
be used to verify continued non - smoking status.
- 13 -
July 42, 1989
19. Personnel Rules and Regulations - City acknowledges that it is currently
updating its Comprehensive Personnel Rules & Regulations.
20. (Number intentionally omitted and not used in this document)
21. Term of Outline
27.1 This Outline is to become effective on July 1, 1989.
27.2 This Outline will terminate on June 30, 1993.
22. (Number intentionally omitted and not used in this document)
23. Employee Performance Evaluation
23.1 Employees shall be provided with a copy of his/her performance
evaluation twenty -four (24) hours prior to the evaluation interview.
23.2 Employees have the right to respond in writing to the evaluation
report should they so desire. Said responses should be submitted to
the reviewer no later than seventy -two (72) hours after the evaluation
interview.
24. Personnel Files - Employees or their duly authorized representative have the
right to inspect his or her personnel file maintained on him or her by the
City. Employees have the right to respond in writing to anything contained
or placed in their personnel file and any such responses shall become part
of the personnel file.
25 through 29 (Numbers intentionally omitted and not used in this document)
.g
30.1 If during the term of this Outline, any item or portion thereof of
this Outline is held to be invalid by operation of any applicable law,
rule, regulation, or order issued by governmental authority or
tribunal of competent jurisdiction, or if compliance with or
enforcement of the item or portion thereof shall be restrained by any
tribunal, such provision of this Outline shall be immediately
suspended and be of no effect hereunder so long as such law, rule,
regulation, or order shall remain in effect. Such invalidation of a
part or portion of this Outline shall not invalidate any remaining
portion which shall continue in full force and effect.
30.2 In the event of suspension or invalidation of any article or section
of this Outline, City agrees, that except in an emergency situation,
to arrive at a satisfactory replacement for such article or section.
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July 24, 1989
fEXHIBIT C
RESOLUTION NO. 92- 181
A RESOLUTION OF THE CITY OF ROHNERT PARK AMENDING RESOLUTION
NO. 90 -212 TO DELETE CERTAIN HEALTH, MEDICAL, DENTAL, AND VISUAL
BENEFITS EXTENDED TO RETIRED CITY COUNCIL MEMBERS
WHEREAS Resolution No. 90 -212 was adopted by the Rohnert
Park City Council on September 11, 1990, and
WHEREAS Resolution No. 90 -212 provides for the extension of
certain dental, health, medical and visual care benefits to city
employees and Councilpersons subject to the conditions outlined
in state law, in Resolution No. 90 -212, and in City policy, and
WHEREAS the City Council has determined that payment of
medical, health, dental and visual and other health related
provisions for retired City Councilpersons is not in the public
interest, and
WHEREAS the City Council has determined to discontinue the
policy of paying the cost of insurance premiums for medical,
health, dental, visual and other health related costs or
assessments for those Councilpersons who are sworn in as
Councilpersons on or after the date of this Resolution.
NOW THEREFORE BE IT HEREBY RESOLVED by the Rohnert Park City
Council that the following language be and the same is hereby
deleted from pages 3 and 4 of Resolution No. 90 -212:
117. Continuation of health and medical coverage, dental program,
and vision care benefits after retirement according to State law
with the exception that Council Members will be exempt from the
provision that they be receiving a retirement allowance from PERS
in order to be considered retired.
7.1 The City will cover costs of the programs for City
Council Members including their spouses and or dependents as
follows:
Resolution No. 92 -181
premiums for benefits selected shall have the right to
continue health and welfare benefits after completion
of a full term or after retirement from City service."
DULY AND REGULARLY PASSED BY THE ROHNERT PARK CITY COUNCIL
THIS 10th DAY OF Nov. , 1992.
AYES: (5) Councilmembers Eck, Hollingsworth, Hopkins, Reilly, Spiro
NOES: (0) None
ABSENT: (0) None
ATTEST:
APPROVED:
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rvm
aa�
mod.
MEMORANDUM
TO: City Manager
RE: Legal effect of Resolution No. 30 -212 and Government
Code 9 53201 and 52305
DATE: October 23, 1992
FROM: City Attorney
you have told the Councilman Eck requested
fResolution No.
opinion regarding ng
90 -212 upon existing City Council members.
Facts
One member of the City Council has served on the City
Council for 24 years. Another member of the Council has served
the city continuously, either as planning Commissioner or City
Councilman from June 1978 to date with two more years to
serve out an existing term in office. F third Council member has
served 1974 to 1978 and 1984 to date and is a candidate for re-
election. A fourth member of of the City and
is a candidate for re -ele ction
Council is in the second year of a four year term.
The Late
Government Code § 53201 (photocopy attached) provides in
essence, as follows:
1. A city may provide health and welfare benefits for its
officers, employees, retired empluehorizedthetdeductioneof of the
City Council who so request and a
premiums from compensation due.
2. The city may continue health and welfare benefits for
former elective Council members who (a) served after January 11
1951, (b)
whose total service is no less than 12 years or (c) who
completed at least one tstmofb but less than 12 years, and who
agree to pay the full co
3. Government Code § 53205 (photocopy attached) provides
that the City Council me efitsoofZofficers, employees, retired
of health and welfare ben
employees and former elective Council members included in
paragraph 2 above.
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�Jl. I "'c:J -' 7:: P r 1 10 • J 1 1 L • � IUD 9� «.�- � + ,� '- • • .
conditions and at the same time maintain the integrity
of the system' providing such modifications are
reasonable. All v. C tY of L9no ac 45 Cal.2d 128,
131 [287 P.2d].) 'To be sustained as reasonable,
alternations of employees' pension rights must bear
some material relation to the theory of a pension
system and its sueeeGsful operation, and changes in a
pension plan which result in disadvantage to employees
should be accompanied by comparable new advantages.'
(� �n v. c^jty of 79ng Beach, 45 Cal.2d 128, 131 (287
P.2d 7651.) ' . . .it is advantage or disadvantage to
the particular employees whose own contractual pension
rights, already earned, are involved which are the
criteria by which modifications to pension plans must
?�nwt v. City of Los A� qj 50 Cal.2d
be measured' ) ��
438, 449 [326 P.2d 4843 ?; and 'the substitution of a
fixed for a fluctuating pension is not permissible
Abbot
unless accompanied by commensurate benefits.'
V. C't of t.rs Angeles, 50 Cal.2d 438, 454 (326 P.2d
4841.)" Abbott V. City of San Diego (1958) 165
Cal.App.2d 511, 517.
"The 'pension provisions
are in effect during the
employment are considere,
contractual compensation
(Citations omitted.)
infra, at page 525.
for widows and children which
period of the husband's
i to be an element of his
and earned by him'."
Cott Y.—City—of San Dieoo,
"Pension provisions are, unless excluded by agreement, part
of the contemplated compensation of the city employee and
therefore a consideration of the employment contract. (Kern
V. City of Long _ eac (1947) 29 Cal.2d 848, 852 [179 P.2d
7991, Malone v, of Los Ang%les (1954) 126 Cal.App.2d
447, 451 [272 [P.2d 7963.) A retired employee has a
contractual right, protected by constitutional guarantees,
in a pension; his benefits may not be changed to his
detriments Mg nheit v. Ci v of Be r e e (1960) 179
Cal.App.2d 492, 495 (3 Cal.Rptr. 821); City gr IjQng
len (1956) 143 Cal.App.2d 35, 38-39 (300 P.2d 356).)
Pension provisions are to be liberally construed in favor of
the pensioner. (Terry v. City 2f Ber'P ey (1953) 41 Cal.2d
698, 702 [263 P.2d 833]; (City of Lono Beach v. Al en,
supSA, at p.38.)" Dunham _v. City of a Py (1970) 7
Cal.App.3d 508, 513.
DisCUSSioA
The sections from the Government Code together with the excerpts,
which are direct quotations from the cases cited, should give you
some idea of the sanctity with which courts treat pension and
pension - related benefits. I acknowledge that circumstances,
3