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HomeMy WebLinkAbout11-057 - Resolutions RESOLUTION NO. 11-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE EXECUTIVE MANAGEMENT GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2011-12 A. RECITALS Representatives of the City of Rancho Cucamonga (City) and the Executive Management Group have met and conferred pursuant to the provisions of the Meyers- Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. Representatives of the City and Executive Management have agreed upon and presented to this City Council a Memorandum of Understanding effective July 1, 2011 specifying the results of said meet and confer process. All legal,prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, the City Council of the City of Rancho Cucamonga, California, does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A of this Resolution. 2. The attached Memorandum of Understanding entered into by and between City representatives and the Executive Management Group representatives for Fiscal Year 2011-12 effective July 1, 2011 is hereby approved and ratified by the City Council. 3. The City Clerk shall certify to the adoption of this resolution. Please see the following page for formal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 20th day of April 2011. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None 6 - L. a is ichael, Mayor ATTEST: � /J ice C. Reynold , City Clerk lr' I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 2& day of April 2011. Executed this 2151 day of April 2011, at Rancho Cucamonga, California. el'67 JaNce C. Reynolds, City Clerk Resolution No. 11-057 - Page 2 of 15 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AND EXECUTIVE MANAGEMENT EMPLOYEE GROUP SECTION 1: EFFECTIVE DATE The provisions of this MOU are effective July 1, 2011 and shall continue for a one year period ending June 30, 2012. SECTION 2: COST OF LIVING ADJUSTMENT There shall be no cost of living adjustment (0%) for the term of this agreement, except as may be provided to any other City or Fire District bargaining units. SECTION 3: SALARY STRUCTURE Executive Management employees will be assigned to salary ranges which are no less than 20% (40 salary code steps) below the control point and no more than 15% (30 salary code steps) above the control point. Actual salary within the range is determined by performance, achievement of goals and objectives, or for recent appointments, growth within the position. SECTION 4 : EXECUTIVE BENEFITS Employees designated as Executive Management are not eligible for overtime pay, or compensatory time for working hours over and above the normal daily work schedule. Employees so designated shall be entitled to all benefits provided to general employees and the following: A. Administrative Leave — One hundred (100) hours per fiscal year. Days off must be approved by appropriate supervisor, after successful completion of six months services within this classification. B. Life Insurance — Life insurance in the amount of 100% of the annual base salary plus $75,000. C. Deferred Compensation — Six percent (6%) of base salary. Additional voluntary individual contributions above the 6% of base salary level will be matched dollar for dollar by the City up to a limit of 2% of base salary. The total contributions for both City and Employee cannot exceed the maximum annual contributions as determined by the Internal Revenue Service. D. Automotive allowance of $500 per month if a City vehicle is not provided. Resolution No. 11-057 - Page 3 of 15 E. Executive Wellness Plan — The City shall provide reimbursement for employee for an Executive Physical, and related approved expenses, up to a maximum amount of $2,000 per fiscal year. If the employee selects or requires additional services beyond the $2,000 per fiscal year amount, employee may receive reimbursement for additional approved expenses in an amount equivalent to any unspent funds remaining from employee's Executive Wellness Plan from the prior fiscal year. If no unspent funds remain from employee's Executive Wellness Plan from the prior fiscal year, employee may receive reimbursement for additional approved expenses as an advance against employee's next immediate fiscal year Executive Wellness Plan (1 year advance only). In no event shall any employee receive more than $4,000 total reimbursement for an Executive Physical, and related expenses, in one fiscal year. Approved providers, and a list of eligible reimbursable services, shall be determined by the Administrative Services Department. SECTION 5: HEALTH INSURANCE A. EMPLOYEES HIRED BEFORE JULY 1 , 1994 The City shall provide employee and family health insurance for all existing full- time continuous salaried employees within the bargaining group, subject to the limitation that no such monthly funding by the City shall exceed the following: $995.60 effective July 1, 2009 B. EMPLOYEES HIRED AFTER JULY 1, 1994 The City shall provide employee and family health insurance for all full-time continuous employees within the bargaining groups who have been hired on or after July 1, 1994, subject to the limitation that no such monthly funding by the City shall exceed the following: $700.00 effective July 1 , 2009 C. CASH IN-LIEU PAYMENT Represented employees who waive coverage under a City paid medical insurance plan shall be eligible for a cash in-lieu payment in the amount of $200 per month for single coverage or $300 per month for family coverage. To be eligible an employee must provide proof of other medical insurance coverage and must provide a signed waiver. 2 Resolution No. 11-057 - Page 4 of 15 SECTION 6: RETIREE MEDICAL Subject to the conditions stated below, effective upon a service or disability retirement from City service at or beyond age 55 with 10 consecutive years of City service at the time of retirement, retirees shall be eligible to 100% personally funded without any City contribution, participation in a group health insurance program(s) which is making group health insurance available to the City's retirees and eligible dependent. It is agreed and acknowledged by the parties to this MOU that no representation is or can be made by the City, that such group retiree health insurance is available, or if available, will remain available for any specific future period of time. If no such group health insurance is reasonably available, or if the private carrier(s) terminates such coverage as to the retiree group or any individual group member, the City shall have no obligation/duty to self-fund or otherwise provide insurance or replacement insurance. All premiums for the retiree and/or eligible dependents shall be borne by the retiree. The City shall advance and submit the necessary premiums to the carrier(s), subject to the retiree reimbursing the City not later than 30 calendar days after City payment of the premium. Failure to timely reimburse the City shall result in no further premium payments being made by the City, resulting in termination of insurance coverage. The City's duty to advance said premiums shall terminate at age 65 of the retiree, regardless of whether or not the retiree is eligible for Medicare. City shall advise the group carrier of the insured's status as a retiree or eligible dependent. Coverage eligibility shall then be solely determined by the group insurance carrier(s). It is likely that premium rates for retirees and/or dependents shall be greater than rates for employees. Regardless, retirees shall pay 100% of said rates. If at any time, it is determined by any group health insurance carrier that the City is prohibited from seeking premium reimbursement from a retiree, City affiliation and retiree enrollment in said group insurance plan shall immediately terminate upon rendering of the insurance carrier's decision. In such case, no retiree shall seek reimbursement from the City for any prior premiums paid by the retiree to the City as and for premium reimbursement. SECTION 7: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuous salaried employees. 3 Resolution No. 11-057 - Page 5 of 15 SECTION 8: OPTICAL INSURANCE The City shall provide an optical insurance plan for all full-time continuous salaried employees. SECTION 9: IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT PLAN The City has established an IRS Section 125 Flexible Spending Account Plan managed by a third party administrator that is open to voluntary participation by members of the bargaining unit. The City agrees to pick up all administrative fees associated with maintaining this program for bargaining unit members (including but not limited to debit card fees.) SECTION 10: VOLUNTARY EMPLOYEE BENEFIT ASSOCIATION (VEBA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Employees are allowed a one time election to opt into the plan. Contributions to the Plan shall be made as City contributions through a salary reduction arrangement. All contributions made on behalf of employees through such salary reduction arrangement are made on a pre-tax basis in accordance with IRS provisions. No Employer contributions are to be made to the plan. At the discretion of the Executive Management Group, contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. SECTION 11 RETIREE HEALTH SAVINGS ACCOUNT The members of the Executive Management Group have unanimously agreed to implement a Retiree Health Savings Account as follows: A. PRE-1994 EMPLOYEES 1. All Executive Management employees hired prior to 1994 will contribute the agreed upon value of their accumulated vacation and eligible sick leave time to the Retiree Health Savings Account, upon separation from the City. 2. Pre-1994 Employees will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution values of their collective accounts on or before July 1 of the following fiscal year. Any 4 Resolution No. 11-057 - Page 6 of 15 changes must be approved by a simple majority of the Pre-1994 participants, prior to implementation. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time, and not the City. B. POST-1994 EMPLOYEES 1. All Executive Management employees hired subsequent to 1994 will contribute the agreed upon percent of the cash value of their accumulated vacation and eligible sick leave time to the Retiree Health Savings Account, upon separation from the City. It is understood that the funds contributed are limited to paying for qualified medical premiums. 2. Post-1994 Employees will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution values of their collective accounts on or before July 1 of the following fiscal year. Any changes must be approved by a simple majority of the Post-1994 participants, prior to implementation. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide Retirement Solutions and all costs related to the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time, and not the City. C. FIRE CHIEF 1. The Fire Chief will contribute the agreed upon percent of the cash value of his/her accumulated vacation and eligible sick leave time to the Retiree Health Savings Account, upon separation from the City. It is understood that the funds contributed are limited to paying for qualified medical premiums. 2. The Fire Chief will review the provisions of the Retiree Health Savings Account on a yearly basis, in June of every fiscal year, and notify the City of any changes that are desired in the contribution value of his/her account on or before July 1 of the following fiscal year. 3. The Retiree Health Savings Account will be administered for the participants by Nationwide Retirement Solutions and all costs related to 5 Resolution No. 11-057 - Page 7 of 15 the ongoing administration thereof will be borne by plan participants, based on the fees and charges established by Nationwide Retirement Solutions, which may change from time to time. SECTION 12: BEREAVEMENT LEAVE When a death occurs in the family of a full-time employee, the employee shall be granted up to five (5) bereavement leave days with pay. A death certificate or other acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, employee's siblings, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, brother-in- law, sister-in-law, employee's spouse or domestic partner's children, employee's spouse's grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered domestic partners, as defined by California Family Code §297). SECTION 13: PERSONAL LEAVE Employees can use up to 20 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. These 20 hours can be used incrementally (i.e., 1 hour; '/2 hour) throughout the fiscal year. Use of this time is for situations requiring the employee's attention and needs to be cleared with their supervisor when using the time. Personal leave can be taken after six months of service. SECTION 14: VACATION All full-time employees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Vacation can be taken after six months of service. Length of Service Hours Accrued Annual Hours In Years Per PaV Period Accrued 1 3.077 80 2 3.461 90 3 3.846 100 4 4.230 110 5 4.615 120 6-8 5.000 130 9 5.384 140 10 5.769 150 11-13 6.153 160 14 6.538 170 15+ 6.923 180 6 Resolution No. 11-057 - Page 8 of 15 SECTION 15: VACATION BUYBACK The City will provide the [total] cash value of up to 80 hours of vacation leave annually, that may be bought back during either November or April. Employees must maintain a minimum of 80 hours of accrued vacation subsequent to any payment of vacation buy back time. Employees who wish to buy back vacation must request payment of not less than 40 hours and not more than 80 hours. For the 2011/12 fiscal year only, the total hours available for buyback shall be increased to 100 hours, however, the maintenance of a minimum balance of 80 hours of accrued vacation will not change. SECTION 16: SICK LEAVE All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave can be taken after six months of service. The City shall provide eligible employees with leave of absence due to family and personal health purposes as provided by the U.S. Family and Medical Leave Act ("FMLA; 29 U.S.C. section 2601 et seq.) and the California Family Rights Act ("CFRA"; California Government Code section 12945.2). The City's FMLA/CFRA policy is incorporated herein by reference. The City shall also provide leave of absence for reasons covered by FMLA relating to covered relationships who are members of the military pursuant to the 2008 amendments to FMLA contained, in the National Defense Authorization Act. SECTION 17: SICK LEAVE BUYBACK Employees who terminate their City employment after 5 years of continuous service and have at least 50% of five years of sick leave accrued on the books upon termination can sell 120 hours back to the City. SECTION 18: HOLIDAYS The City Hall Offices observe the following 14 holidays. All full-time continuous salaried employees shall be compensated at their regular rate for these days: (1) July 4 Independence Day (z) First Monday of September Labor Day (3) November 11 Veteran's Day (4) Fourth Thursday of November Thanksgiving Day (5) Day following Thanksgiving (6) December 24 Day preceding Christmas 7 Resolution No. 11-057 - Page 9 of 15 (7) December 25 Christmas Day (8) January 1 New Years Day (9) Third Monday of January Martin Luther King's Birthday (10) Third Monday of February President's Day (11) Last Monday of May Memorial Day (12) Three discretionary days may be taken by an employee at his/her convenience after six months of service subject to approval of the department head. Days may not be carried over from one fiscal year to the next. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc.) where two consecutive days are holidays and it would result in the City Hall being open to serve the public only 2 days during the week, only one of the holidays will be observed and the other holiday will become a floating holiday. For example, for Thanksgiving, Thursday will be observed as the regular holiday; however Friday will become a floating holiday to be used at a later date. For Christmas, Wednesday will be observed as the regular holiday; however Tuesday (the day preceding Christmas) will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas or New Years, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Years. Also, those days will not accrue as floating holidays until the actual holiday has occurred. Each year the City will designate which days will be observed and which are floating holidays. Employees who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any holiday banked in May and June, employees have until September 30 to use the banked holiday. SECTION 19: NATAL AND ADOPTION LEAVE WITHOUT PAY The City shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The City's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. 8 Resolution No. 11-057 - Page 10 of 15 SECTION 20: NATAL AND ADOPTION LEAVE WITH PAY Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. SECTION 21: WORKERS COMPENSATION LEAVE Any employee covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such City position, shall receive from the City during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under the Workers Compensation Act and the employee's full salary. Such payments by the City should be made without any deduction from accrued sick leave benefits. The City's obligation for such payments shall commence on the first (1St) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave or accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can be used in one-hour increments. SECTION 22: MILITARY LEAVE Employees required to serve military leave will be compensated pursuant to the Military and Veterans Code. To qualify for compensation the military orders must be submitted to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period. SECTION 23: MILITARY SERVICE BUY BACK Employees have the option for military service buy back at the employee's expense. SECTION 24: RETIREMENT BENEFIT Employees Hired Before July 4. 2011 Employees Hired on or After July 4. 2011 § 21354.4 2.5% at 55 Full Formula § 21354 2% @ 55 Full Formula § 21574 4th Level 1959 Survivor § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation § 20037 3 Yr Final Compensation City pays 8 % normal PERS member City pays 7% normal PERS member contributions by resolution contributions; employee pays 1% by resolution. -------------------------------------------------- 9 Resolution No. 11-057 - Page 11 of 15 Employees hired between September 1, 2010 and July 3, 2011 shall pay 1% of normal PERS Member contribution per Resolution 10-136. City shall adopt a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis. SECTION 25: TUITION REIMBURSEMENT FOR APPROVED COLLEGE/ UNIVERSITY COURSES Effective July 1, 2006, (July 1 through and including the following June 30) reimbursements by the City of the following enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal year shall be contingent upon a determination by the employee's department head or his designee that all of the following conditions precedent exists: A. Expenses shall be incurred as regards coursework undertaken at a college or university that is licensed/accredited by the State of California. B. The applicant for reimbursement shall present to the Personnel Department documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of "C" or "pass" in a pass/fail class. As regards each class for which reimbursement is sought (where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or "pass" in any one or more of such classes, the amount of expenses subject to City's reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received). C. Eligibility for reimbursement for said expenses shall be confined to either: 1) those courses that in and of themselves consist of curriculum which is predominately related to the development of skills reasonably anticipated by the City to enhance the applicant's job performance (by means of a non-inclusive example only, art classes would not qualify for reimbursement); or 2) where the employee has declared a major that is job-related as set forth in this Section C, to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major. 10 Resolution No. 11-057 - Page 12 of 15 D. Eligibility for reimbursement upon completion of coursework shall be predicated upon the employee's department head or his designee, making a written determination prior to the affected employee's enrollment in the course(s) for which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above-described job nexus does exist. The determination of the City Manager or his designee in such regards shall be final. E. The costs which shall be subject to reimbursement are limited to the following: 1) tuition; 2) books; 3) supplies; 4) parking; and, 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, written receipts shall be provided to the Personnel Department and shall evidence each expenditure for which reimbursement is sought. SECTION 26: 4/10 WORKWEEK City Hall operates on a 4/10 work week, hours 7am to 6pm, Monday through Thursday. Remote facilities operate on a 40-hour work week of varying days and times. SECTION 27: Bi-LINGUAL PAY Employees who qualify for bi-lingual pay will be provided $50.00 per month. SECTION 28: FURLOUGHS Employees will be required to take sixty (60) hours of unpaid furlough during Fiscal Year 2011/12. The number of furlough days will depend on the employee's regular work schedule. Employees will have four options to complete the sixty (60) hour furlough as outlined below, with the final, irrevocable decision to be made in writing by May 31, 2011 . Once the City has received in writing the decision by all employees regarding their preferred method of meeting their furlough obligation, the City will, within forty-five (45) calendar days, provide a written Furlough Implementation Schedule to the affected departments and to the negotiation team for each affected employee group. Furlough Options: • Vacation Hours — The employee may elect to "give back" sixty (60) hours from their accrued vacation leave bank to the City. X If an employee opts to give back vacation leave hours but does not have all sixty (60) hours available, the City will permit the employee to accumulate the additional hours through January 31, 2012. If the employee has not accumulated sufficient vacation hours by January 31 , 2012, then the employee must take the balance of the sixty (60) 11 Resolution No. 11-057 - Page 13 of 15 hours as unpaid furlough hours during the period February 2012 through June 30, 2012. B. Probationary employees who complete probation prior to May 31, 2012 and have elected, in advance, to have sixty (60) hours deducted from their accrued vacation balance, shall have the deduction made at the conclusion of probation. If the employee does not complete probation prior to May 31, 2012, a one-time exception shall be made to allow the deduction of the accrued leave by June 30, 2012 if they so chose. If a probationary employee has not accrued sixty (60) hours as of May 31, 2012, then the employee must take the balance of the sixty (60) hours as unpaid furlough hours by June 30, 2012. Any probationary employee who did not chose to deduct accrued leave shall take the balance of the sixty (60) hours as unpaid furlough hours during the period February 2012 through June 30, 2012. • Unpaid Furlough Hours — An employee may elect to take sixty (60) unpaid furlough hours during the period July 1, 2011 through June 30, 2012. Furlough hours may be scheduled in full ten (10) hour increments or five (5) hour increments for those employees who work ten (10) hour schedules. However, a maximum of thirty (30) hours can be taken in five (5) hour increments. Furlough hours may be scheduled in full eight (8) hour increments or four (4) hour increments for those employees who work eight (8) hour schedules. However, a maximum of twenty-eight (28) hours can be taken in four (4) hour increments. Holiday Closure — An employee may elect to take unpaid furlough hours during the three (3) day holiday closure described in Section 39 and choose either of the preceding options to total sixty (60) hours of furlough. If an employee furloughs during the holiday closure period but is subsequently called in to work, that day shall not be counted toward the employee's required sixty (60) hours of furlough. • Furlough Spread Over 26 Pay Periods — As an option to spread the furlough obligation over the full 26 pay periods in the 2011/12 fiscal year, employees may elect to furlough 2.31 hours per pay period. These employees will work their normal (80 hour) work week (less any regular holiday, vacation, sick or other leave) but will note 2.31 hours of furlough on each time sheet which will result in payment for 77.69 hours of non-furlough time per 80 hour pay period. 12 Resolution No. 11-057 - Page 14 of 15 SECTION 29: HOLIDAY FACILITY CLOSURE Certain City Facilities shall close for three days during the period December 26, 2011 through January 2, 2012. In addition to the regular scheduled City holiday of December 26, 2011, City Hall and the City Yard shall close December 27, 28 and 29. Closure dates for the Libraries, the Cultural Center and other Community Services facilities shall be determined by the City in order to balance the impact on public services wlth the need for cost savings. During this closure employees may take paid leave from holiday, management leave, or vacation accruals; however, unpaid leave may only be taken from furlough hours. CITY EXECUTIVE MANAGEMENT Jack Lam Linda Daniels City Manager Deputy City Manager 13 Resolution No. 11-057 - Page 15 of 15