CC 2020-05-26_08f Amend Salary Schedule and ACM and ADCM AgreementsMEMORANDUM
TO: CITY COUNCIL
FROM: TIMOTHY CARMEL, CITY ATTORNEY
SUBJECT: CONSIDERATION OF ADOPTION OF RESOLUTION AMENDING THE
CITYWIDE COMBINED SALARY SCHEDULE AND APPROVAL OF
EMPLOYMENT AGREEMENTS FOR THE ACTING CITY MANAGER
AND ACTING DEPUTY CITY MANAGER
DATE: MAY 26, 2020
SUMMARY OF ACTION:
Adoption of the Resolution amending the Citywide Combined Salary Schedule to
establish a pay schedule for the positions of Acting City Manager and Acting Deputy City
Manager, and approve the Acting City Manager and Acting Deputy City Manager
Employment Agreements with Bill Robeson and Whitney McDonald.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Approval of the employment agreements will result in two positions fulfilling all of the
duties previously managed by three positions. Adoption of the Resolution will result in an
annual net salary savings of $126,948 (or $63,474 for a six month term) over the previous
combined salaries of the Public Works Director, Community Development Director, and
City Manager.
RECOMMENDATION:
It is recommended the City Council adopt the Resolution and approve the Employment
Agreements with Bill Robeson as Acting City Manager and Whitney McDonald as Acting
Deputy City Manager.
BACKGROUND:
As a result of the unexpected resignation of City Manager Jim Bergman, the City Council
decided to appoint Bill Robeson as Acting City Manager and Whitney McDonald as Acting
Deputy City Manager. In order to comply with CalPERS regulations, the salaries of these
temporary positions need to be in a publicly available pay schedule and meet other legal
requirements. Contracts for the two temporary positons are also necessary and
appropriate.
Item 8.f. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF RESOLUTION AMENDING THE CITYWIDE
COMBINED SALARY SCHEDULE AND APPROVAL OF EMPLOYMENT
AGREEMENTS FOR THE ACTING CITY MANAGER AND ACTING DEPUTY CITY
MANAGER
MAY 26, 2020
PAGE 2
ANALYSIS OF ISSUES:
Effective January 1, 2018, a new law went into effect relating to “out-of-class”
appointments. Government Code section 20480 limits temporary pay upgrades (“acting
pay”) for out-of-class service while the employer is recruiting to fill a staffing vacancy.
Government Code section 20480(f) defines “out of class appointment” as “an appointment
of an employee to an upgraded position or higher classification by the employer or
governing board or body in a vacant position.” Employers may only provide temporary
pay upgrades to employees for 960 hours per each fiscal year. Under the new statute,
CalPERS now requires employers to track out-of-class hours worked in each vacant
position per fiscal year and report these hours annually.
The attached Employment Agreements limit Mr. Robeson’s and Ms. McDonald’s
appointments as Acting City Manager and Acting Deputy City Manager to no more than
960 hours, and includes the tracking and reporting requirements. Government Code
Section 20480 also requires that compensation for out-of-class appointments are to be
pursuant to a collective bargaining agreement or a publicly available pay schedule.
Publicly available pay schedules must also comply with California Code of Regulations
section 570.5. Therefore, a Resolution has been prepared to amend the Citywide
Combined Salary Schedule to include a pay schedule for the positions of Acting City
Manager and Acting Deputy City Manager.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendations;
2. Do not approve staff’s recommendations and request further information;
3. Modify staff’s recommendation and approve; or
4. Provide direction to staff.
ADVANTAGES:
Adoption of the Resolution will comply with legal requirements related to the temporary
appointments of an Acting City Manager and Acting Deputy City Manager.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
Item 8.f. - Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION OF RESOLUTION AMENDING THE CITYWIDE
COMBINED SALARY SCHEDULE AND APPROVAL OF EMPLOYMENT
AGREEMENTS FOR THE ACTING CITY MANAGER AND ACTING DEPUTY CITY
MANAGER
MAY 26, 2020
PAGE 3
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Item 8.f. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING THE CITYWIDE
COMBINED SALARY SCHEDULE, ESTABLISHING A PAY
SCHEDULE FOR THE POSITIONS OF ACTING CITY
MANAGER AND ACTING DEPUTY CITY MANAGER
WHEREAS, the City Council desires to appoint the Public Works Director to serve as
Acting City Manager and the Community Development Director as the Acting Deputy City
Manager; and
WHEREAS, the appointments will constitute an “out-of-class appointment” under
Government Code Section 20480; and
WHEREAS, Government Code Section 20480 provides that compensation for out-of-
class appointments are to be pursuant to a collective bargaining agreement or a publicly
available pay schedule; and
WHEREAS, publicly available pay schedules are required to comply with California Code
of Regulations (CCR) Section 570.5.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The revised Citywide Combined Salary Schedule, attached hereto and
incorporated herein as Exhibit A, is hereby approved.
2. In accordance with CalPERS regulation CCR 570.5, the pay rate and pay
schedule for the position of Acting City Manager shall be based upon an
annual base salary of One Hundred Eighty-Five Thousand Eight Hundred
Eighty Dollars ($185,880).
3. In accordance with CalPERS regulation CCR 570.5, the pay rate and pay
schedule for the position of Acting Deputy City Manager shall be based
upon an annual base salary of One Hundred Fifty-Eight Thousand Four
Hundred Sixty Dollars ($158,460).
4. This Resolution and the salaries contained in Exhibit A shall constitute a
publicly available pay schedule as required by Government Code Section
20480. Pursuant to CCR 570.5, it shall be immediately accessible and
available for public review during the City’s normal business hours.
5. This salary schedule shall be effective immediately on the date of the
adoption of this Resolution. This Resolution and the salary schedule
contained herein shall be retained by the City in its official records on a
permanent basis.
Item 8.f. - Page 4
RESOLUTION NO.
PAGE 2
On motion by Council Member _________, seconded by Council Member _______, and
on the following roll call vote, to wit:
AYES:
NAYS:
ABSENT:
The foregoing Resolution was passed and adopted this 26th day of May, 2020.
Item 8.f. - Page 5
RESOLUTION NO.
PAGE 3
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
_________________________________
BILL ROBESON, ACTING CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY CARMEL, CITY ATTORNEY
Item 8.f. - Page 6
GROUP: SEIU
Position ABC D E
Office Assistant I Biweekly 1,426.85 1,498.19 1,573.10 1,651.76 1,734.35
Monthly 3,091.51 3,246.09 3,408.39 3,578.81 3,757.75
Annual 37,098.14 38,953.04 40,900.70 42,945.73 45,093.02
Accounting Clerk I Biweekly 1,462.52 1,535.65 1,612.43 1,693.05 1,777.71
Monthly 3,168.80 3,327.24 3,493.60 3,668.28 3,851.70
Annual 38,025.59 39,926.87 41,923.21 44,019.37 46,220.34
Maintenance Worker I Biweekly 1,536.56 1,613.39 1,694.06 1,778.76 1,867.70
Monthly 3,329.22 3,495.68 3,670.46 3,853.99 4,046.69
Annual 39,950.64 41,948.17 44,045.58 46,247.86 48,560.25
Office Assistant II Biweekly 1,574.98 1,653.73 1,736.41 1,823.23 1,914.39
Monthly 3,412.45 3,583.07 3,762.23 3,950.34 4,147.85
Annual 40,949.40 42,996.87 45,146.72 47,404.05 49,774.25
Accounting Clerk II Biweekly 1,696.08 1,780.88 1,869.93 1,963.42 2,061.59
Maintenance Worker II Monthly 3,674.84 3,858.58 4,051.51 4,254.08 4,466.79
Annual 44,098.03 46,302.93 48,618.08 51,048.98 53,601.43
Administrative Secretary Biweekly 1,872.15 1,965.76 2,064.05 2,167.25 2,275.61
Monthly 4,056.33 4,259.15 4,472.10 4,695.71 4,930.50
Annual 48,675.97 51,109.77 53,665.26 56,348.52 59,165.95
Senior Accounting Clerk Biweekly 1,918.96 2,014.90 2,115.65 2,221.43 2,332.50
Building Permit Tech.Monthly 4,157.74 4,365.63 4,583.91 4,813.10 5,053.76
Plan/Engineer Permit Tech Annual 49,892.87 52,387.51 55,006.89 57,757.23 60,645.10
Sports Facility Coord.
Recreation Coordinator
Maintenance Worker III
Water Services Worker Biweekly 2,016.10 2,116.91 2,222.75 2,333.89 2,450.59
Monthly 4,368.22 4,586.64 4,815.97 5,056.77 5,309.60
Annual 52,418.70 55,039.63 57,791.61 60,681.19 63,715.25
Fleet Maint. Coordinator Biweekly 2,118.17 2,224.08 2,335.28 2,452.05 2,574.65
Monthly 4,589.37 4,818.83 5,059.78 5,312.76 5,578.40
Annual 55,072.39 57,826.01 60,717.31 63,753.18 66,940.84
Public Works Lead Worker Biweekly 2,171.12 2,279.68 2,393.66 2,513.35 2,639.01
Parks Lead Worker Monthly 4,704.10 4,939.31 5,186.27 5,445.58 5,717.86
Annual 56,449.20 59,271.66 62,235.25 65,347.01 68,614.36
GIS Technician Biweekly 2,338.06 2,454.97 2,577.71 2,706.60 2,841.93
Monthly 5,065.80 5,319.09 5,585.05 5,864.30 6,157.51
Annual 60,789.62 63,829.10 67,020.55 70,371.58 73,890.16
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 12/27/19
EXHIBIT A
Item 8.f. - Page 7
Recreation Supervisor Biweekly 2,396.51 2,516.34 2,642.16 2,774.26 2,912.98
Monthly 5,192.45 5,452.07 5,724.67 6,010.91 6,311.45
Annual 62,309.36 65,424.83 68,696.07 72,130.87 75,737.41
Citywide Fleet Coordinator Biweekly 2,456.43 2,579.25 2,708.21 2,843.62 2,985.80
Monthly 5,322.26 5,588.37 5,867.79 6,161.18 6,469.24
Annual 63,867.09 67,060.45 70,413.47 73,934.14 77,630.85
IT Specialist Biweekly 2,580.78 2,709.82 2,845.31 2,987.58 3,136.96
Assistant Engineer Monthly 5,591.70 5,871.28 6,164.85 6,473.09 6,796.74
Engineering Inspector Annual 67,100.36 70,455.38 73,978.15 77,677.06 81,560.91
Program Analyst
Associate Engineer Biweekly 2,919.92 3,065.92 3,219.21 3,380.17 3,549.18
Monthly 6,326.49 6,642.82 6,974.96 7,323.71 7,689.89
Annual 75,917.90 79,713.80 83,699.49 87,884.46 92,278.69
Senior Engineer Biweekly 3,144.43 3,301.66 3,466.74 3,640.08 3,822.08
Monthly 6,812.94 7,153.59 7,511.27 7,886.83 8,281.17
Annual 81,755.28 85,843.04 90,135.19 94,641.95 99,374.05
Item 8.f. - Page 8
GROUP: POA
Position ABC D E
Police Officer Biweekly 2,635.55 2,767.33 2,905.69 3,050.98 3,203.53
Monthly 5,710.36 5,995.88 6,295.67 6,610.46 6,940.98
Annual 68,524.32 71,950.54 75,548.07 79,325.47 83,291.74
Sr. Police Officer Biweekly 2,910.32 3,055.84 3,208.63 3,369.06 3,537.51
Monthly 6,305.70 6,620.98 6,952.03 7,299.63 7,664.62
Annual 75,668.38 79,451.79 83,424.38 87,595.60 91,975.38
Police Sergeant Biweekly 3,373.17 3,541.83 3,718.92 3,904.87 4,100.11
Monthly 7,308.54 7,673.97 8,057.66 8,460.55 8,883.58
Annual 87,702.47 92,087.60 96,691.98 101,526.58 106,602.91
Records Clerk Biweekly 1,836.71 1,928.54 2,024.97 2,126.22 2,232.53
Monthly 3,979.53 4,178.51 4,387.43 4,606.80 4,837.14
Annual 47,754.36 50,142.08 52,649.18 55,281.64 58,045.72
Records / Property Evidence Biweekly 2,029.19 2,130.65 2,237.19 2,349.04 2,466.50
Technician Monthly 4,396.58 4,616.41 4,847.23 5,089.60 5,344.08
Annual 52,759.02 55,396.97 58,166.82 61,075.16 64,128.91
Police Trainee Biweekly 2,295.64 2,410.42 2,530.94 2,657.49 2,790.36
Monthly 4,973.88 5,222.58 5,483.70 5,757.89 6,045.78
Annual 59,686.58 62,670.91 65,804.46 69,094.68 72,549.41
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 12/27/19
Item 8.f. - Page 9
GROUP: FCFA IAFF
Position A B C D E
Fire Fighter Biweekly 2,144 2,251 2,364 2,482 2,606
Monthly 4,645 4,877 5,121 5,377 5,646
Annual 55,740 58,527 61,453 64,526 67,752
Fire Engineer Biweekly 2,486 2,611 2,741 2,878 3,022
Monthly 5,387 5,656 5,939 6,236 6,548
Annual 64,644 67,876 71,270 74,834 78,575
Fire Captain Biweekly 2,955 3,103 3,258 3,421 3,592
Monthly 6,403 6,723 7,059 7,412 7,783
Annual 76,836 80,678 84,712 88,947 93,395
GROUP: FCFA MANAGEMENT
Position LOW MID HIGH
Administrative Assistant/Biweekly 2,302 2,550 2,798
Clerk to the Board Monthly 4,988 5,526 6,063
Annual 59,860 66,309 72,758
Battalion Chief Biweekly 4,543 5,033 5,523
Monthly 9,843 10,904 11,966
Annual 118,112 130,851 143,590
Fire Chief Biweekly 5,270 5,839 6,408
Monthly 11,418 12,651 13,884
Annual 137,020 151,813 166,607
COMBINED SALARY SCHEDULE
EFFECTIVE 12/27/19
FIVE CITIES FIRE AUTHORITY
COMBINED SALARY SCHEDULE
EFFECTIVE 12/27/19
CITY OF ARROYO GRANDE
Item 8.f. - Page 10
GROUP: MANAGEMENT
Position LOW MID HIGH
Office Assistant I Biweekly 1,456.62 1,613.77 1,770.92
Monthly 3,156.00 3,496.50 3,837.00
Annual 37,872.00 41,958.00 46,044.00
Office Assistant II Biweekly 1,607.08 1,781.31 1,955.54
Monthly 3,482.00 3,859.50 4,237.00
Annual 41,784.00 46,314.00 50,844.00
Administrative Secretary Biweekly 1,864.62 2,065.38 2,266.15
Monthly 4,040.00 4,475.00 4,910.00
Annual 48,480.00 53,700.00 58,920.00
Executive Secretary Biweekly 2,109.23 2,337.23 2,565.23
Monthly 4,570.00 5,064.00 5,558.00
Annual 54,840.00 60,768.00 66,696.00
Executive Asst./Deputy City Biweekly 2,161.85 2,395.62 2,629.38
Clerk Monthly 4,684.00 5,190.50 5,697.00
Annual 56,208.00 62,286.00 68,364.00
Assistant Planner Biweekly 2,328.46 2,580.00 2,831.54
Monthly 5,045.00 5,590.00 6,135.00
Annual 60,540.00 67,080.00 73,620.00
Associate Planner Biweekly 2,569.85 2,847.69 3,125.54
Monthly 5,568.00 6,170.00 6,772.00
Annual 66,816.00 74,040.00 81,264.00
Planning Manager Biweekly 3,054.92 3,384.92 3,714.92
Accounting Manager Monthly 6,619.00 7,334.00 8,049.00
Annual 79,428.00 88,008.00 96,588.00
Public Works Manager Biweekly 3,290.77 3,645.69 4,000.62
Utilities Manager Monthly 7,130.00 7,899.00 8,668.00
Annual 85,560.00 94,788.00 104,016.00
Information Technology Mgr Biweekly 3,371.54 3,735.46 4,099.38
Monthly 7,305.00 8,093.50 8,882.00
Annual 87,660.00 97,122.00 106,584.00
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 12/27/19
Item 8.f. - Page 11
Position LOW MID HIGH
Capital Improvement Projects Biweekly 3,456.46 3,829.38 4,202.31
Manager Monthly 7,489.00 8,297.00 9,105.00
Annual 89,868.00 99,564.00 109,260.00
Human Resources Manager Biweekly 3,543.23 3,925.38 4,307.54
Dir of Legis and Info Services Monthly 7,677.00 8,505.00 9,333.00
Dir of Recreation Services Annual 92,124.00 102,060.00 111,996.00
Building Official Biweekly 3,631.38 4,023.69 4,416.00
Monthly 7,868.00 8,718.00 9,568.00
Annual 94,416.00 104,616.00 114,816.00
Police Commander Biweekly 4,129.85 4,575.46 5,021.08
Monthly 8,948.00 9,913.50 10,879.00
Annual 107,376.00 118,962.00 130,548.00
City Engineer Biweekly 4,423.85 4,902.23 5,380.62
Monthly 9,585.00 10,621.50 11,658.00
Annual 115,020.00 127,458.00 139,896.00
Director of Public Works Biweekly 4,883.08 5,410.38 5,937.69
Dir of Administrative Services Monthly 10,580.00 11,722.50 12,865.00
Dir of Community Develop Annual 126,960.00 140,670.00 154,380.00
Acting Deputy City Manager Biweekly 5,131.85 5,685.23 6,238.62
Monthly 11,119.00 12,318.00 13,517.00
Annual 133,428.00 147,816.00 162,204.00
Police Chief Biweekly 5,284.62 5,855.54 6,426.46
Monthly 11,450.00 12,687.00 13,924.00
Annual 137,400.00 152,244.00 167,088.00
Acting City Manager Biweekly 5,884.62 6,519.23 7,153.85
Monthly 12,750.00 14,125.00 15,500.00
Annual 153,000.00 169,500.00 186,000.00
City Manager Biweekly 7,305.69
Monthly 15,829.00
Annual 189,948.00
EFFECTIVE 12/27/19
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
Item 8.f. - Page 12
GROUP: PART‐TIME POSITIONS
POLICE DEPARTMENT Step A Step B Step C Step D
Administrative Intern (Cadet) $14.13 $14.84 $15.57 $16.36
Records Clerk $19.52 $20.50 $21.52 $22.60
Fleet & Equipment Technician $23.58 $24.76 $26.00 $27.30
Neighborhood Services Technician $21.04 $22.09 $23.20 $24.36
Training Technician $23.58 $24.76 $26.00 $27.30
Police Reserve Officer Trainee $22.50 $23.63 $24.81 $26.05
Police Reserve Officer $25.84 $27.13 $28.49 $29.91
Designated Level I Reserve Officer $32.30 $33.92 $35.61 $37.39
RECREATION SERVICES DEPARTMENT
AM/PM Assistant I $13.00 $13.65 $14.33 $15.05
AM/PM Assistant II $14.30 $15.02 $15.78 $16.56
AM/PM Assistant Teacher $15.73 $16.52 $17.34 $18.22
AM/PM Teacher $17.30 $18.17 $19.07 $20.03
Pre School Teacher $17.30 $18.17 $19.07 $20.03
Facility Attendant $13.00 $13.65 $14.33 $15.05
Senior Facility Attendant $14.30 $15.02 $15.78 $16.56
Sports Facility Attendant $13.00 $13.65 $14.33 $15.05
Volunteer and Program Coordinator $23.79 $24.98 $26.23 $27.54
MISCELLANEOUS
Administrative Intern $14.13 $14.84 $15.57 $16.36
Office Assistant I $15.86 $16.65 $17.49 $18.36
Office Assistant II $18.54 $19.47 $20.44 $21.47
Sr. Office Assistant $19.52 $20.50 $21.52 $22.60
Administrative Secretary $22.30 $23.41 $24.58 $25.81
Building Permit Technician $23.93 $25.13 $26.38 $27.70
Assistant Engineer $29.21 $30.67 $32.21 $33.82
Associate Engineer $32.13 $33.74 $35.42 $37.19
Planning Technician $23.93 $25.13 $26.38 $27.70
Assistant Planner $27.85 $29.24 $30.70 $32.24
Associate Planner $30.13 $31.64 $33.22 $34.88
Custodian $16.18 $16.99 $17.84 $18.73
Maintenance Worker $16.18 $16.99 $17.84 $18.73
Student Intern (seasonal)$13.00
FIVE CITIES FIRE AUTHORITY
Office Assistant II $17.64 $18.52 $19.44 $20.42
Reserve Firefighter $14.50 $15.50 $16.50
CITY OF ARROYO GRANDE
COMBINED SALARY SCHEDULE
EFFECTIVE 12/27/19
HOURLY RATE
Item 8.f. - Page 13
ACTING CITY MANAGER
EMPLOYMENT AGREEMENT
This Acting City Manager Employment Agreement ("Agreement") made and
entered into this ___ day of May 2020, by and between the City of Arroyo Grande
(hereinafter referred to as "Employer", or "City") and Bill Robeson (hereinafter referred to
as "Employee"), who understand as follows:
WITNESSETH:
WHEREAS, the City Council has determined that it is in the interest of the City to appoint
an Acting City Manager while it conducts a recruitment for a new City Manager; and
WHEREAS, the City Council desires to appoint and employ Employee as the Acting City
Manager and Employee desires to accept said temporary appointment, subject to the
terms and conditions set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. EMPLOYMENT OF ACTING CITY MANAGER
A. Subject to the terms and conditions of this Agreement, City hereby agrees to employ
Employee as the City’s Acting City Manager. As Acting City Manager Employee shall
perform the duties of the City Manager as set forth in Chapter 2.08 of the Arroyo Grande
Municipal Code.
B. Employee acknowledges that his appointment as Acting City Manager shall not imply,
guarantee or create any right, expectation or entitlement of an appointment as the
permanent City Manager.
SECTION 2. TERM AND TERMINATION
A. This Agreement shall take effect upon its execution by both parties and shall remain in
effect until an Interim City Manager or a permanent City Manager starts his or her
employment with the City or this Agreement is otherwise terminated as provided for
herein, provided however, that in no event shall Employee’s employment as Acting City
Manager extend beyond 960 hours or otherwise violate the provisions of Government
Code Section 20480 regarding limits on out-of-class appointments. In accordance with
Government Code Section 20480, the City will track employees hours worked serving as
Acting City Manager and report that service to the CalPERS no later than 30 days
following the end of the fiscal year.
B. Employee understands that he has no constitutionally protected property or other
interests in his employment as Acting City Manager. Employee understands and
expressly agrees that he serves in the Acting City Manager position at the will and
Item 8.f. - Page 14
pleasure of the City Council and that he may be terminated or asked to resign from that
position at any time by the City Council, without cause.
C. Upon the end of the term of this Agreement, Employee shall return to his position as
Public Works Director at the salary and benefits then applicable to that position, without
loss of longevity, benefits or rights.
D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
Employee to resign at any time from the position of Acting City Manager, upon providing
ten (10) days written notice to the City Council, at which time Employee shall return to his
position as Public Works Director.
SECTION 3. SALARY AND COMPENSATION
A. Commencing upon execution of this Agreement, Employer agrees to pay Employee
monthly compensation based upon an annual base salary of One Hundred Eighty-Five
Thousand Eight Hundred Eighty Dollars ($185,880) for his services as Acting City
Manager, which compensation is set forth in Resolution No. ---.
B. Employer agrees to continue to provide Employee with all additional benefits as
provided to other management employees of the City.
SECTION 4. GENERAL PROVISIONS
A. The terms of this Agreement are intended by the parties as the final expression of their
agreement and may not be contradicted by evidence of any prior agreement or
contemporaneous oral agreement. The parties further intend that this Agreement
constitutes the complete and exclusive statement of its terms and that no extrinsic
evidence whatsoever may be introduced in any judicial or arbitration proceeding, if any,
involving this Agreement. Any amendments to this Agreement must be in writing and
executed by both parties.
B. If any term, covenant, condition or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
shall remain in full force and effect and shall in no way be affected, impaired or invalidated
thereby.
C. This Agreement shall be governed by the laws of the State of California. Employee
and the City agree that venue for any dispute shall be in San Luis Obispo County,
California.
D. The parties acknowledge that they understand the significance and consequences of
this Agreement. The parties also acknowledge that they have been given full opportunity
to review and negotiate this Agreement and execute it only after full reflection and
analysis, and that they have had an opportunity to review this document and its
application and meaning with their respective attorneys and advisors. This Agreement
Item 8.f. - Page 15
shall not be interpreted against the party who prepared the initial draft because all parties
participated in the drafting of this Agreement by having ample opportunity to review and
submit suggested changes or corrections for incorporation into the final version of this
Agreement.
E. Employee may not assign this Agreement in whole or in part.
F. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument, and shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, City and Employee have executed this Agreement on the day
and year first set forth below.
EMPLOYEE:
DATED: ___________________ By: _______________________________
Bill Robeson
CITY:
DATED: __________________ By: _______________________________
Caren Ray Russom
Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kelly Wetmore, City Clerk Timothy J. Carmel
City Attorney
Item 8.f. - Page 16
ACTING DEPUTY CITY MANAGER
EMPLOYMENT AGREEMENT
This Acting Deputy City Manager Employment Agreement ("Agreement") made
and entered into this ___ day of May 2020, by and between the City of Arroyo Grande
(hereinafter referred to as "Employer", or "City") and Whitney McDonald (hereinafter
referred to as "Employee"), who understand as follows:
WITNESSETH:
WHEREAS, the City Council has determined that it is in the interest of the City to appoint
an Acting Deputy City Manager to assist the Acting City Manager while it conducts a
recruitment for a new City Manager; and
WHEREAS, the City Council desires to appoint and employ Employee as the Acting
Deputy City Manager and Employee desires to accept said temporary appointment,
subject to the terms and conditions set forth herein.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. EMPLOYMENT OF ACTING DEPUTY CITY MANAGER
A. Subject to the terms and conditions of this Agreement, City hereby agrees to employ
Employee as the City’s Acting Deputy City Manager. As Acting Deputy City Manager
Employee shall assist the Acting City Manager in performing the duties set forth in
Chapter 2.08 of the Arroyo Grande Municipal Code.
B. Employee acknowledges that her appointment as Acting Deputy City Manager shall
not imply, guarantee or create any right, expectation or entitlement of an appointment as
a permanent Deputy City Manager.
SECTION 2. TERM AND TERMINATION
A. This Agreement shall take effect upon its execution by both parties and shall remain in
effect until an Interim City Manager or a permanent City Manager starts his or her
employment with the City or this Agreement is otherwise terminated as provided for
herein, provided however, that in no event shall Employee’s employment as Acting
Deputy City Manager extend beyond 960 hours or otherwise violate the provisions of
Government Code Section 20480 regarding limits on out-of-class appointments. In
accordance with Government Code Section 20480, the City will track employees hours
worked serving as Acting Deputy City Manager and report that service to the CalPERS
no later than 30 days following the end of the fiscal year.
B. Employee understands that she has no constitutionally protected property or other
interests in her employment as Acting Deputy City Manager. Employee understands and
expressly agrees that she serves in the Acting Deputy City Manager position at the will
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and pleasure of the City Council and that she may be terminated or asked to resign from
that position at any time by the City Council, without cause.
C. Upon the end of the term of this Agreement, Employee shall return to her position as
Community Development Director at the salary and benefits then applicable to that
position, without loss of longevity, benefits or rights.
D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
Employee to resign at any time from the position of Acting Deputy City Manager, upon
providing ten (10) days written notice to the City Council, at which time Employee shall
return to her position as Community Development Director.
SECTION 3. SALARY AND COMPENSATION
A. Commencing upon execution of this Agreement, Employer agrees to pay Employee
monthly compensation based upon an annual base salary of One Hundred Fifty-Eight
Thousand Four Hundred Sixty Dollars ($158,460.00) for her services as Acting Deputy
City Manager, which compensation is set forth in Resolution No. ----.
B. Employer agrees to continue to provide Employee with all additional benefits as
provided to other management employees of the City.
SECTION 4. GENERAL PROVISIONS
A. The terms of this Agreement are intended by the parties as the final expression of their
agreement and may not be contradicted by evidence of any prior agreement or
contemporaneous oral agreement. The parties further intend that this Agreement
constitutes the complete and exclusive statement of its terms and that no extrinsic
evidence whatsoever may be introduced in any judicial or arbitration proceeding, if any,
involving this Agreement. Any amendments to this Agreement must be in writing and
executed by both parties.
B. If any term, covenant, condition or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
shall remain in full force and effect and shall in no way be affected, impaired or invalidated
thereby.
C. This Agreement shall be governed by the laws of the State of California. Employee
and the City agree that venue for any dispute shall be in San Luis Obispo County,
California.
D. The parties acknowledge that they understand the significance and consequences of
this Agreement. The parties also acknowledge that they have been given full opportunity
to review and negotiate this Agreement and execute it only after full reflection and
analysis, and that they have had an opportunity to review this document and its
application and meaning with their respective attorneys and advisors. This Agreement
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shall not be interpreted against the party who prepared the initial draft because all parties
participated in the drafting of this Agreement by having ample opportunity to review and
submit suggested changes or corrections for incorporation into the final version of this
Agreement.
E. Employee may not assign this Agreement in whole or in part.
F. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument, and shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day
and year first set forth below.
EMPLOYEE:
DATED: ___________________ By: _______________________________
Whitney McDonald
CITY:
DATED: __________________ By: _______________________________
Caren Ray Russom
Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kelly Wetmore, City Clerk Timothy J. Carmel
City Attorney
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