SOUTH GATE CITY COUNCIL
SPECIAL MEETING AGENDA
Tuesday, November 14, 2023 at
5:30 p.m.
SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
DIAL-IN-NUMBER: 1 (669) 900-6833
MEETING ID: 827 3839 9719
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Call to Order/Roll Call
CALL TO ORDER:
Maria del Pilar Avalos, Mayor
ROLL CALL:
Yodit Glaze, City Clerk
City Officials
MAYOR CITY CLERK
Maria del Pilar Avalos Yodit Glaze
VICE MAYOR CITY TREASURER
Gil Hurtado Jose De La Paz
COUNCIL MEMBERS CITY MANAGER
Joshua Barron Chris Jeffers
Maria Davila
Al Rios
CITY ATTORNEY
Raul F. Salinas
1 Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.
Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
City's Vision Statement
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.
Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.
Meeting Compensation Disclosure
Pursuant to Government Code Section 54952.3: Disclosure of compensation for meeting attendance by City Council Members is $790 monthly regardless of the amount of meetings.
Open Session Agenda
1. Proclamation declaring November 14, 2023 as Law Enforcement Records and Support Personnel Day
The City Council will issue a Proclamation declaring November 14, 2023, as Law Enforcement Records and Support Personnel Day. (PD)
Documents:
Item 1 Report 11142023.pdf
2. Proclamation recognizing Debbie McEvilly for 37 years of service and wishing her well on her retirement
The City Council will present a Proclamation to Debbie McEvilly in recognition of her 37 years of service to the City of South Gate. (CLERK)
Documents:
Item 2 Report 11142023.pdf
3. Certificates of Appreciation for Chamber of Commerce Board 2 The City Council will present Certificates of Appreciation to the South Gate Chamber of Commerce Board. (CM)
Documents:
Item 3 Report 11142023.pdf
4. Employment Agreement between the City of South Gate and Robert Houston to serve as City Manager
The City Council will consider: (ATTY)
a. Approving an
Employment Agreement
between the City of South Gate and Robert
Houston effective December 1, 2023; and
b. Authorizing the Mayor to execute the Employment Agreement in a form acceptable to the City Attorney.
Documents:
Item 4 Report 11142023.pdf
5. Proclamation recognizing Yolanda Urtez for 31 1/2 years of service and wishing her well on her retirement
The City Council will present a Proclamation to Yolanda Urtez in recognition of her 31 1/2 years of service to the City of South Gate. (PD)
Documents:
Item 5 Report 11142023.pdf
Special Meeting Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on November 8, 2023, at 2:55 p.m., as required by law.
Yodit Glaze
City Clerk
GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office. 3 MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:
City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.
PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers first. After all speakers in the Chambers have spoken, the Presiding Officer will call upon those participating via zoom or teleconference.
Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.
Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.
To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, virtually, email, phone call, mail and any other method which may become available. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.
CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued.
STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.
SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at 4 [email protected]
.
5 Item No. l
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WHEREAS, The protection of California's communities is dependent not only on the men and women who
ednevfoorIceeImhee'nrtIs"e'rveiacned, beunte1afWIoonfhmeedmubI"eerssooffltahWe saunpdposrtuppstoanff psuercsho i'u'iaselu,awwheon"odrecveomteemcorune%olreasss hours to perfornning the duties that keep our law enforcement agencies running smoothly; and
WHEREAS, plalwayeanfco%u%elma1en10t1reeclnorhdselpan1ndgsulapwpoertn70errcseolnnnenetl agencies identify, pursue, capture and process
those suspected of breaking the law; and
WHEREAS, these professionals continually use their efeX&en's,'semaanindtaei!Xneg"enccreim'ionaalss"ssttat'instit%sackainnga improving apprehension strategies; and
NOW THEREFORE, be it proclaimed on this 14th day of NofosvOeumtbheGr a2tOe2,3o,nthbaethIa,lMfOafrtihaedCell .PilCaOruAnvcl,allaons,dMreasyldoernotsf othfesCouitt Gate, do hereby proclaim November 14, 2023, as "Law Enforcement Records and Suppoit Personnel .Day". and hereby encourage efovleit?eonWe0trokraennddeerXpsuep!lSoertthtoeythpersoev1idneditvOidouuarlpsOaln1cderdeecpognilnzeentthem 6 Item No. 2
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Whereas, at the age of 1 7, Debbie McEvilly was hired as an hourly for the Parks and Recreation Department working in the Day Camp program, then Girls Clubhouse, and then in Office A at the South Gate ParkAuditoriuin; and
Wliereas, in 1991, Debbie was hired as a Typist Clerk (full-time) in the Engineering Division of the Public Works Department and later reclassified to Intermediate Typist Clerk; and
Whereas, Debbie worked at the City Hall Switchboard/Inforination Booth in 1992 during the Los Angeles Riots and, in 2000, transferred to the Public Works Coiporate Yard promoting to the position of Secretaiy; and
City Clerk's
Records
Wlxereas, Debbie acquired the skills and knowledge of recordkeeping and archiving of which contributed to the success and respect of the City Clerk's Office, she was always eager to help and provided exceptional customer service to her fellow einployees by way of researching, recording and providing copies of Contracts, Resolutions and Ordinances as well as uploading those records into archive files for staff to access and was also instruinental in uploading agenda bills and City Council agendas onto the Ciffl website; and
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and dedicated employee whose absence will be felt for many years to come; and
Whereas, Debbie was an Einployee Relations Cominittee (ERC) representative from 2013 to 2023 giving of her time and talents to help oiganize meaniiqgful and inorale boosting events for her fellow einployees; and
Wliereas, Debbie participated in both tiie City's 75" and 100' Armiversary festivities,' and
TVliereas, she will retire O/? November 16, 2023, and will be missed by the South Gate employees Who have had the great pleasure and benefit of working with this esteeined professional, are extremely excited and happy for her, and wish her the very best as she inoves O/? to the next chapter of her life.
Now, 11ierefore, on this 14" day of November 2023, I, Maria de Pilar ,4va/os, Mayor of the City of South Gate, on behalf of tiie City Council and citizens of South Gate, do hereby recognize Debbie McEvilly and duly thank her for her 3 7 years of dedicated service to the City of South Gate.
Maria del Pilar Avalos, Mayor
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CERTNFIIC'ATE O)F APPJKECJLA-..['N(UN
Presented by the South Gate City Council
on Behalf of the Citizens of South Gate to:
South (3ate Cbam6troCotntnme
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In recoanition of a successful
;l' - Maria delPilar Avalos, Mayor
November 14, 2023
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9 City of South Gate
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Presented by the South Gate City Council
on Behalf of the Citizens of South Gate to:
South (3ate (:ruxiig6ti uf (:oiigugeite
Jerary Brwn
In recognition of a successful
2023State oftbe Ci5Event.
Thank you for your hard work and dedicated
service to the business community.
Maria del Pilar Avalos, Mayor
November 14, 2023
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10 Cj[y of South Gate
Presented by the South Gate City Council
on Behalf of the Citizens of South Gate to:
South (3ate (:bam6ergfCmntnme
In recognition of a successful
2023 State fftfw Ci5Evtnt.
Thank you for your hard work and dedicated
service to the business community.
Maria d61 Pilar Avalos,' ayor
November 14, 2023
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11 City of South Gate
CEKNllFJtCAN'E C)F APPREaATN €)N
Presented by the South Gate City Council
on Behalf of the Citizens of South Gate to:
Vittorl6arara
In recognition of a successful
2023State ofthe Ci5Evtnt.
Thank you for your hard work and dedicated
service to the businesos community.
Maria del Pilar Avalos, Mayor
Noyember 14, 2023
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CERTJfFllCATE C)F APPRECNATNC)N
Presented by the South Gate City Council
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In recognition of a successful
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Maria del Pilar Avalos, Mayor
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13 CmfMANAflFR'SOFFIU Item No. 4
NOV D 7 2023
Ciffl of South Gate
CITY COUNCIL
AGENDA JBI[LL
For the Regular Meeting oj: November 14, 2023
Originating Department: City Manager's Office
City Attorney:
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City Manager: C={
Chris Je,fers
SUBJECT: EMPLOYMENT CONTRACT BETWEEN THE CITY OF SOUTH GATE
AND ROBERT HOUSTON TO SERVE AS CITY MANAGER
PURPOSE: To approve an employment contract agreement between the City of South Gate and Robert Houston to serve as City Manager, effective December 1, 2023, through November 30, 2027, and detailing the terms of his appointment.
RECOMMENDED ACTION: The City Council will consider:
a. Approving an Employment Agreement between the City of South Gate and Robert Houston effective December 1, 2023; and
b. Authorizing the Mayor to execute the Employment Agreement in a form acceptable to the City Attorney.
FISCAL IMPACT: There are no additional financial impacts to the General Fund as all funding has been budgeted within the Fiscal Year 2023/24 Municipal Budget for this position.
ANALYSIS: The City Manager is a key position within any municipal government organization. It serves as the day-to-day Chief Executive Office position within a Council/Manager form of government, under which the City of South Gate operates. As a Council/Manager form of government, the City Council establishes municipal policy, and the City Manager is tasked with implementation of the policy. The City Council appoints two positions within the organization, the City Attorney and the City Manager. The City Attorney is tasked with providing legal guidance to the City Council and represents the City in legal matters.
The City Manager oversees the operating department; maintains the financial sustainability of the organization; ensures compliance with federal, state and local laws and regulations; complies with civil service rules and regulations; represents the City in various federal, state and regional matters from time to time; and provides timely information to City Council members to assist them in their roles and responsibilities under the Californian Government Code.
Robert Houston has extensive municipal government experience in California spanning nearly two decades. His experience includes positions as City Manager for the cities of Fountain Valley and Orange. Overall, Mr. Houston has a total of nearly 26 years of governmental experience. He 1 14
holds a Master of Business Administration from Royal Roads University, Victoria, Canada and a Bachelor of Arts in Business from Trinity Western University, Vancouver, Canada.
The City Council hired a leading executive recruiting firtn, Bob Murray& Associates, to undertake a nationwide search for a new City Manager. In all, 26 candidates submitted applications to be considered by the City Council for the next City Manager. After a presentation by the recruiting firm and a lengthy discussion by the City Council, 8 individuals were asked to participate in an interview process. At the conclusion of the initial interview process, the City Council invited two finalists back for final interviews.
For the final interview process, the City Council asked that members of the Executive Team and the President of the PMMA have a discussion with the two finalists. The recruiting firm also sat in on those interviews to summarize the interview panel's thoughts of how each of the two finalists would fit within the South Gate organizational culture and how they felt the individual would lead the organization. The recruiting firm gave an oral presentation of those thoughts to the City Council prior to the City Council undertaking its discussion with the final two candidates. During a properly scheduled Closed Sesson meeting, the City Council then undertook an in-depth discussion with each of the final two candidates, followed by a vibrant assessment about each candidate among themselves. At the conclusion of their internal discussion, the City Council members unanimously agreed upon Mr. Houston and asked the recruiting firm to undeitake final background and reference checks for Mr. Houston. Both of those checks were excellent and presented a very favorable view as to his work ethic and accomplishments.
The City Council gave direction to the City Attorney and the City Manager to negotiate an employment agreement between the parties based on parameters the City Council provided. The Agreement presented is the negotiated agreement and is within the parameters previously provided by the City Council in this matter.
ATTACHMENT: Proposed Employment Agreement
2 15
EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT ("Agreement") is dated as of the 14'h day of November, 2023, and is made by and between the CITY OF SOUTH GATE, a municipal corporation, ("the City"), and ROBERT HOUSTON ("Employee"). City and Employee are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties." Parties to this Agreement do hereby enter into the terms, conditions, covenants, duties and responsibilities as follows:
RECIT ALS
WHEREAS, the City is a municipal corporation providing a wide range of public services to the community as a general law city;
WHEREAS, the City Manager in South Gate is responsible for day-to-day operations, while the City Council is the policy making body of the City; WHEREAS, for the City to ensure that its responsibilities to the health and safety of the public are met at all times, the City must attract and retain in its employment a City Manager who exhibits the knowledge, experience, technical ability, professionalism and qualities of leadership necessary to meet the City's objectives; WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment, and set working conditions for the position of City Manager; WHEREAS, it is the desire of the City Council to: (1) retain the services of Employee and to provide inducement for him to remain in such employment; (2) establish a clear and mutually understood system of compensating Employee; (3) provide a just means for terminating the services of Employee at such time as he may be unable to discharge fully his duties due to disability or retirement or when the City Council may desire to otherwise terminate his employment; and
WHEREAS, in contemplation of, and subject to the approval of the City Council, Employee agrees to commence providing services to the City as of December 1, 2023.
NOW, THEREFOR, in consideration of the mutual covenants herein contained and as authorized by the South Gate Municipal Code, the applicable Persoru"iel Rules and Regulations, all Resolutions previously adopted by the City, and the provisions of the California Government Code, Parties hereto agree as follows:
Section 1. Duties and Term.
A. Effective December 1, 2023, the City hereby hires Employee as City Manager to perform the duties and fiinctions as specified in state law and the South Gate Municipal Code, to perform 33089013-L235.0 1
16 such other legally permissible duties as defined in the City's Job Classification specifications and as the City Council shall from time-to-time assign.
B. Employee shall be subject to the powers, terms and conditions of the South Gate Municipal Code relating to the position of City Manager. In addition to the duties and responsibilities defined herein, during the term of this Agreement, and any extensions thereto, Employee shall also serve as the Executive Director of: (1) the South Gate Public Financing Authority ("SGPFA"), (2) Successor Agency to the Community Development Commission ("SA"), (3) the South Gate Housing Authority ("HA"), and (4) the South Gate Utility Authority ("SGUA"), and any such future municipal corporations as may be established by the City. The SGPFA, SA, HA and the SGUA are collectively added within the definition of "City" herein, unless otherwise indicated.
C. The Employee and City Council shall mutually establish performance goals and objectives to be met by the Employee for each year of this Agreement. Said objectives shall be established as part of an annual evaluation process. Within 90 days of the effective date of this Agreement, Parties shall work together to establish the initial performance goals to be achieved by Employee during the period as may be mutually agreed. Thereafter, the Employee and City Council shall mutually establish annual performance goals and objectives to be met by the Employee within thirty (30) days after the proceeding aru'iual performance evaluation.
D. The Employee shall organize and develop a Strategic Planning program for City Council and Executive Team to mutually undeitake within 180 days of the effective date of this Agreement.
E. The term of this Agreement shall be for a period of four-years ending on November 30, 2027, unless mutually extended by Parties but may be terminated upon ninety (90) days notice, subject to Section 3.B, below.
F. Employee agrees that he shall not engage in outside employment by any other entity or organization, nor shall he undertake consulting services in which compensation is received by him without first obtaining the approval of the City. The City reserves the right to revoke any such approval if it deems to be affecting the ability of the Employee to fulfill his duties under this agreement.
G. An employee serving as City Manager is considered to be an "exempt" employee within the definition of the Fair Labor Standards Act ("FLSA") and shall not receive overtime compensation for time worked outside the regular work schedule. In addition, the City Manager position is excluded from the City's Civil Service Rules and Regulations pursuant to Section
1.24.105 of the South Gate Municipal Code.
Section 2. Compensation and Review.
A. Employee's salary during the term of this Agreement shall be Two Hundred Ninety Thousand Dollars ($290,000). Employee's salary is to be adjusted as needed to maintain such salary at not less than the amount of One Thousand Dollars ($1,000) above the next highest 3308901.3-L235.0 2
17 regular salaiy paid to any other management employees. City reserves the right to adjust Employee's salary consistent with any general reduction affecting other executive management employees, collectively.
B. The City shall conduct an annual performance evaluation of Employee using such criteria as City may establish with the input from the Employee in its sole discretion after receiving the same. Said evaluation shall be completed not later than thirty (30) days prior to the aru'iual anniversary of Employee's effective date of this Agreement.
C. Whenever a cost-of-living adjustment or other non-merit-based salary increase is provided to other management employees, the City Council shall consider whether it is reasonable and appropriate to grant a similar increase to the City Manager's Base Salary upon the written request of the Employee.
D. The City Manager's Base Salary increases approved by the City Council from time to time, pursuant to this Agreement, shall not require an amendment to this Agreement to be effective.
Such may be set forth in an annual salary resolution or minute action approved by the City Council and ratified by resolution.
E. If the City reduces the Base Salary or any other financial benefit of the Employee in a percentage that is greater than the average reduction of all executive managers, such action shall constitute a termination of this Agreement without Cause under Section 3.C. of this Agreement, and Employee shall be entitled to Severance.
Section 3. Schedule and Severance.
A. The Employee's schedule of work each day and week shall vary in accordance with the work required to be performed. It is recognized that Employee must devote a great deal of his time outside of normal office hours to business of the City and, to that end, will be allowed to take compensatory time off as he shall deem appropriate during said nortnal office hours.
B. Employee shall not be removed from his position during the period of ninety (90) days preceding any City election for membership on the City Council, and the South Gate Municipal Code Section 1.06.120 shall guide rules for removal after any City Election or Councilmember appointment or (ii) on the basis of a "for cause" termination based on: (1) a conviction of a felony; (2) continued abuse of non-prescription drugs or alcohol that materially affects the performance of the City Manager's duties; or (3) repeated and protracted unexcused absences from the City Manager's office and duties.
C. In the event Employee is terminated without cause by the City Council, he shall be entitled to severance pay equal to his total compensation (in an amount equal to his base salary and benefits) for nine (9) months. In exchange for payment of this amount, Employee shall sign a full release, releasing the City from liability for any employment claim or other claim arising from his employment relationship, and agrees that he will not file, initiate, or cause to be filed or initiated any action in any federal or state court for wrongful termination or other employment 330890L3-L235.0 3
18 causes of action such as, but not limited to, age discrimination. This section is not intended to waive Employee's rights to seek Workers' Compensation benefits.
D. In the event the City terminates Employee, the City and Employee agree that neither Party shall make any written or oral statements to members of the public or the press concerning Employee's termination except in the form of a joint press release which is mutually agreeable to both Parties. The joint press release shall not contain any text or information that would be disparaging to either Party and either Party may verbally repeat the substance of any such press release in response to inquiries by members of the press or public.
E. Employee retains the right to resign from his position with the City in lieu of termination or may voluntarily tertninate this Agreement any time upon thirty (30) days written notice to the City Council. He shall not be entitled to any severance pay upon such resignation or voluntary tertnination, unless otherwise negotiated and agreed to, in writing, by the City and Employee.
F. In the event Employee resigns, separates, or retires from the City, he will be entitled to all pay and benefits, including the use and/or payout of unused leave balances, other than sick leave, as permitted by City policy and in a manner similar to retirement or separation benefits provided to the City's executive management employees.
Section 4. Allowances.
A. During the term of this Agreement, Employee shall be provided an automobile by the City for Employee's exclusive and unrestricted use. The City shall be responsible for paying for liability, property damage, and comprehensive liability insurance and for the purchase, operation, maintenance, repair, and regular replacement of said automobile. At the Employee's discretion, in lieu of electing to utilizing a City-owned vehicle, the Employee may elect to receive a monthly car allowance of Five Hundred Forty-Two Dollars ($542). In such an election, the City shall not be responsible for paying for liability, property damage, and comprehensive liability insurance and for the purchase, operation, maintenance, repair, and regular replacement of the Employee's private vehicle. The Employee shall annually produce proof of automobile insurance coverage. No matter which election the Employee chooses in this section, the Employee shall maintain a Class C California Driver's License and be subject to the California Department of Motor Vehicles Pull Notice system which the City participates in.
B. During the term of this Agreement, Employee shall be provided a monthly technology allowance of One Hundred Twenty Dollars ($120) for use toward cellular phone expenses, or other electronic-related expenses.
C. Employee will be eligible to receive the same education pay for holding a master's degree as the Executive Management Group.
Section 5. Other Benefits.
A. Employee shall be entitled to observe holidays on the same basis as other City management employees. Employee shall be credited with an opening balance of one hundred 3308901 .3-L235.0 4
19 (100) hours of paid vacation leave, shall earn vacation leave at a rate of one hundred sixty (160) hours annually (6.154 hours per pay period), shall be allowed to accrue unused vacation leave with a maximum of three hundred (300) hours, and the 'full value of any such unused vacation leave shall be paid to Employee upon ternnination, resignation, or retirement. In addition, Employee may elect to cash out vacation up to foity (40) hours annually during any single fiscal year at Employee's full hourly rate. Employee shall be credited with an opening balance of foity (40) hours of paid sick leave, shall earn sick leave at 3.07 hours per pay period or ninety-six (96) hours annually. Employee shall be allowed to accrue unused sick leave which shall not be paid to Employee upon termination, resignation, Or retirement. Use of sick leave shall be consistent with the City's then existing policies, including the use of sick leave in accordance with CalPERS retirement regulations. Employee may not cash out unused sick leave. Employee shall receive an annual allowance of sixty (60) hours of administrative leave accrued at 2.30 hours per pay period, subject to a cap of one hundred (100) hours. Upon reaching such maximum accumulation, Employee shall cease earning additional administrative leave hours or may choose to cash out up to 40 hours at Employee's full hourly rate upon the anniversary date of Employee.
B. City shall procure and maintain in force a policy of life insurance for the benefit of Employee's survivors in the amount equal to the same benefit provided to other executive management employees.
C. City shall pay the Employer contribution and Employee shall pay the Employee contribution on behalf of Employee for his membership in the California Public Employees Retirement System ("CalPERS") as established by state law. As the Employee is considered by CalPERS to be a "Classic member," accordingly, Employee will be covered by the City's agreement with CalPERS, as codified in Government Code Section 21354, which provides for a "2.7% at 55" Full Formula benefit; Government Code Section 21574, which provides for a "Fourth Level 1959 Survivor Benefits" allowance; and Government Code Section 20042, which provides for a "One Year Final Compensation" election. Employee shall pay eight percent (8%) representing Employee's share of his CalPERS pension, and one percent (1%) representing the Employer's share of said benefit.
D. City shall pay the full premium for health, vision, and dental insurance coverage for Employee and his spouse and qualified dependent family members, and the Employee shall be eligible for the balance of executive management employees benefits provided similarly to other executive management employees not otherwise expressly covered by this Agreement.
E, Deferred Compensation. Employee is eligible to participate in the City's 457 Deferred Compensation Plan per Article II, Section 2.01, of the 457 Governrnental Plan and Trust ("the Plan") based on his employment status. Employee's participation in the Plan is at his own discretion; however, the City shall pay the maximum allowed by the Intemal Revenue Service ("IRS") regulations for a Section 457 catch up program permitted for employees over the age of 50, excluding Special 457 three-year catch-up program contributions permitted by the City's plan under IRS regulations, for each payroll period.
F. Reimbursable Expenses. Employee shall be entitled to be reimbursed for ordinary and customary expenses incurred by Employee in his capacity as City Manager, including out-of- 3308901.3-L235.0 5
20 town travel, conferences fees, accommodations, meals and the like, subject to Employee providing receipts or statements evidencing such expenses as required of other City employees per City policies. This shall include membership and participation in events for groups including International City/County Management Association (ICMA), League of California Cities (Cal- Cities), and the California City Management Foundation (CCMF).
G. Leave and Employee Assistance Program. Employee shall also be entitled to holidays, leave without pay, and bereavement leave, and access to the City's Employee Assistance Program at no cost on the same basis as executive management employees and any future change to the holiday or leave benefits provided to City's executive management employees. The City Council shall consider whether it is reasonable and appropriate to grant a similar change to the Employee upon the written request of the Employee.
H. Moving Expense Contribution. Employee shall be issued a one-time amount of $5,000 to assist in his establishment of a residence within or in the general vicinity of the City of Soutli Gate.
Section 6. General Terms and Conditions
A. City shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the perfortnance of Employee's duties as defined in this Agreement. City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon for Employee's activities performed within the course and scope of his employment.
B. Entire Agreement. The text of this Agreement shall constitute the entire and exclusive agreement between Parties. All prior oral or written communications, understandings, or agreements between Parties not set forth herein shall be superseded in total by this Agreement.
No amendment or modification to this Agreement may be made, except by a written agreement signed by the Employee and the Mayor and approved as to form by the City Attorney.
C. Assignment. This Agreement is not assignable by either the City or Employee.
D. Severability. In the event any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over Parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be illegal or void are wholly inseparable from the remaining portions of this Agreement.
E. Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other Party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times.
330890L3-L235.0 6
21 F. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Califoriiia, which are in fiill force and effect as of the date of execution. Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any sucli action from Los Angeles County Section 7. Bonding.
City shall bear the full costs of any fidelity or other bonds required of the Employee under any law or ordinance.
Section 8. Modifications.
Any modification to this Agreement must be in writing and signed by both Parties executing this Agreement to be effective.
Section 9. Effect of Waiver.
The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
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22 Section 10. Entire Agreement.
A. Each of the Recitals stated above are incorporated by reference and fully set forth herein.
B. Each Party agrees that this Agreement is valid and shall be binding upon said Party. In the event of Employee's death prior to the expiration of this Agreement or any extension thereof, the heirs at law and executors of Employee shall be entitled to accrued benefits as prescribed in Section 5 and earned and unpaid salary to which Employee would have been entitled. Each Party to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which is not embodied herein, and that no other agreement, statement or promise not contained or referenced in this Agreement shall be valid or binding on either Party. Employee has ten (10) days, following approval by the City, to review and execute this Agreement.
IN WITNESS WHEREOF, the City of South Gate has caused this Agreement to be signed and executed on its behalf by the Mayor and duly attested by the City Clerk, and Employee has signed and executed three (3) copies of this Agreement. "CITY"
Dated: November , 2023 By:
Maria del Pilar Avalos, Mayor
"EMPLOYEE"
Dated: November, 2023 By:
Robert Horiston
ATTEST:
By:
Yodit Glaze, City Clerk
APPROVED AS TO FORM:
By:
(Ri:!Sfas, ''tto'?'
3308901.3-L235.0 8
23 Item No. 5
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P g a) C JL, A M A T H a Nf
in 1992, Yolanda Uilez was Jiired as a Records Clerk/Mah"on witli tJie Police Department vihere she servedfor 31 !A years,' and in 1994, she vias assigned to tlie Adminishaation Divisiori in the Police Depamient,' and
iri 1996, Yolanda was promoted to tJie position ofSecretaiy,' arid in 2000, she was promoted to Admiriish"ative Analyst,' and in 2007, Yolanda was rec7assified to Senior Admiriistratisie Analyst,' and siie xias t)ie creator or driving force behind mariy of t1ie conmwnity programs orgariized arid sponsored by the City such as, tlie Family Day iri the Park, the Family Violence Prevention and Educatiori Program, tlie Police Activities League, and the Santa Cop Program,' arid Yolanda Jias also served in a variety of roles which include tlie Westside Conmiunity Resource Director, the Katrina Relief Coordinator, Historical Preservation Project Coordinator, and the Police Departtnerd Budget Coordinator,' and
for most of 1ier time viitJi the City, she was responsible for tlie hiriiig process for the Police Department personne/ and has been involved in tlie liiring of every current eniployee in the department except for two,' and the bar of professionalism she has set for iierself and tliose around Jier is reflected in t1ie many recognitioris arid accolades she lias received osier the years includirig Civiliari Employee of the Year 71? 1993, 2003, 2016 and 201 7; and
Sout)i Gate residents and employees had the pleasure and benefit of workirig with this esteemed professional and wisJi her the very best iri lier retirement.
Now, therefore, O)? tJiis 14"' day of November 2023, I, Maria de Pihr Avalos, Mayor of tlie City of Soutli Gate, on behalf of the City Council and citizens of South Gate, do liereby recognize Yolanda Urtez and duly tliank her for her 31 'A years of dedicated service to tlie City of South Gate.
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