CITY OF ATWATER CITY COUNCIL AGENDA Council Chambers 750 Bellevue Road Atwater, California February 26, 2018 5:00 PM CALL TO ORDER: ROLL CALL: Creighton ____, Raymond ____, Vierra ____, Vineyard ____, Price ____ CLOSED SESSION: Adjourn to Conference Room A Pursuant to Government Code Section 54957(b)(1), Public Employee Appointment – Interim City Attorney Conference with Legal Counsel – Potential Litigation – Pursuant to Government Code Section 54956.9: Number of cases: (1) REGULAR SESSION: (Council Chambers) 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE TO THE FLAG: INVOCATION: Invocation by Police Chaplain McClellan ROLL CALL: Creighton ____, Raymond ____, Vierra ____, Vineyard ____, Price ____ MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION: SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.) APPROVAL OF AGENDA AS POSTED OR AS AMENDED : (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.) Recommendation: Motion to approve agenda as posted or as amended.
Transcript
CITY OF ATWATER CITY COUNCIL
AGENDA
Council Chambers 750 Bellevue Road Atwater, California
February 26, 2018 5:00 PM CALL TO ORDER: ROLL CALL:
Creighton ____, Raymond ____, Vierra ____, Vineyard ____, Price ____ CLOSED SESSION: Adjourn to Conference Room A
Pursuant to Government Code Section 54957(b)(1), Public Employee Appointment – Interim City Attorney
Conference with Legal Counsel – Potential Litigation – Pursuant to Government Code Section 54956.9: Number of cases: (1)
REGULAR SESSION: (Council Chambers) 6:00 PM
CALL TO ORDER: PLEDGE OF ALLEGIANCE TO THE FLAG:
INVOCATION: Invocation by Police Chaplain McClellan
ROLL CALL: Creighton ____, Raymond ____, Vierra ____, Vineyard ____, Price ____ MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION: SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring
immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)
APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City
Council to remove items from the agenda or to change the order of the agenda.)
Recommendation: Motion to approve agenda as posted or as amended.
City Council Agenda for Meeting of February 26, 2018 Page 2
COMMENTS FROM THE PUBLIC:
PRESENTATIONS: Proposed changes to controlled air space over the City of Atwater (Richard Hill, Chief Air Traffic Controller for Castle Airport) Recommendation: Motion to authorize and direct the Mayor to execute a letter
of opposition, in a form approved by the Interim City Attorney, regarding the proposed changes to controlled air space over the City of Atwater.
CONSENT CALENDAR:
WARRANTS:
1. February 26, 2018
Recommendation: Approval of warrants as listed.
AGREEMENTS: 2. Approving Agreement for Interim City Attorney Services with Churchwell
White, LLP (Interim City Manager de Werk) Recommendation: Approval of Agreement for Interim City Attorney Services with Churchwell White, LLP, Sacramento, California for Interim City Attorney services; and authorizes and directs the Mayor to execute the Agreement on behalf of the City.
NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. Please state your name and address for the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda.
To comment on an item that is on the agenda, please wait until the item is read for consideration; please limit comments to a maximum of five (5) minutes.
NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.
Civility is expected from members of the public during the meeting. For more efficient use of time, disruptive behavior will not be tolerated. While you may not agree with what an individual is saying, please treat everyone with courtesy and respect.
City Council Agenda for Meeting of February 26, 2018 Page 3
CLAIMS AGAINST THE CITY: (Note to the Public: Portions of this claim have
been redacted because they do not affect the City Council’s ability to make a decision on the claim. The claim however, is a public document and can be made available upon request by members of the public. If you have any questions or would like to request this document, please contact the City Clerk’s office at (209) 357-6205).
3. Claim No. 2018-1
Recommendation: After consideration and investigation, it is staff’s recommendation that Claim No. 2018-1 be rejected.
FUNDING AND BUDGET MATTERS:
4. Treasurer’s Report for the month of January, 2018 (City Treasurer Heller)
Recommendation: Motion to approve the Treasurer’s Report for the month of January, 2018; or Motion to approve recommendation as presented.
5. City of Atwater Organizational Restructure Project, positioning the City for
financial solvency: Phase One of Two Fiscal Year 2017-18 Mid Year Budget Review and resolution approving budget amendment to amend Fiscal Year 2017-18 Budget (Interim City Manager de Werk)
Recommendation: Motion to approve the City of Atwater Organizational Restructure Project for Administration, Community Development, and Finance Department; That the City Council review the information presented on Mid Year Fiscal Year 2017-18 revenues and expenditures; Motion to adopt Resolution No. 3012-18 approving Budget Amendment No. 7 amending the Fiscal Year 2017-18 Budget; Motion to authorize and direct the Interim City Manager to take the necessary actions to implement Phase One of the City of Atwater Organizational Restructure Project; and Motion to adopt Resolution No. 3016-18 amending the City of Atwater Classification Plan and adopting Salary Schedule B-18, effective March 1, 2018; or Motion to approve recommendations as presented.
City Council Agenda for Meeting of February 26, 2018 Page 4
REPORTS AND PRESENTATIONS FROM STAFF: Verbal report regarding telecommunications outages at Public Works Department (Interim Public Works Director Shaw) CITY COUNCIL MATTERS: City Council comments
CLOSED SESSION:
Continuation of Closed Session if necessary ADJOURNMENT: CERTIFICATION: I, Don Hyler III, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________ DON HYLER III, CITY CLERK SB 343 NOTICE In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 750 Bellevue Road. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road.
In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6205. You may also send the request by email to [email protected].
SUBJECT: Approving Agreement for lnterim Gity Attorney Services withChurchwell White, LLP, Sacramento, California
RECOMMENDED COUNCIL ACTION:
It is recommended that the City Council:
1. Approve an Agreement for lnterim City Attorney Services with Churchwell White,LLP, Sacramento, California, for lnterim City Attorney Services; and
2. Authorize and direct the Mayor to execute the Agreement on behalf of the City.
I. BACKGROUND:
ln October 2012, the City retained Thomas H. Terpstra to serve as City Attorney. OnFebruary 14, 2018, Terpstra Henderson provided a written notice tendering the firm'sresignation as the City of Atwater's City Attorney effective the earlier of (a) 30 days from thedate of the resignation notice, (b) the date the City formally retains a new City Attorney, or(c) upon written request of the City Council.
II. ANALYSIS:
In response to the termination options provided in Terpstra Henderson's resignation letter,the lnterim City Manager reached out to the lawfirm of Churchwell White, LLP to providethe City with continued legal guidance on an interim basis until which time the City Councilcan determine the appointment of its permanent City Attorney.
As indicated on the Closed Session agenda for the February 26, 2018 City Councilmeeting, the City Council will consíder the appointment of an lnterim City Attorney. ln the
event the City Council desires to contract its City Attorney services with the firm ofChurchwell White, LLP, the attached Agreement for lnterim City Attorney Services(EXHIBIT "4") has been prepared for City Council action.
Churchwell White, LLP qualifications include Municipal Law, Ethics (Public Records Act,Brown Act, Conflicts of lnteresUCampaign Reform), Ordinances and Resolutions, RealEstate, Land Use & Planning, General Plans, Low and Moderate-lncome Housing, CodeEnforcement, Eminent Domain, Employment and Personnel Matters, Litigation, Acquiring,Protecting, and Adminístering Water Rights, Water Quality and Wastewater, Environmentaland Natural Resources, Election Law, Capitol Lobbying Services, and In-Services Trainingand Development.
The proposal (EXHIBIT "8") provided by Churchwell White, LLP offers a fee structure thatwill fulfill the City's needs, and includes two (2) possible fee structure options as outlinedbelow:
rate of $155.00 per hourfor all attorneys, paralegals, and law clerks. Underthis rate, the Firm would bill the City for attorney travel time and mileage,when out of the office working on General Municipal matters.
blended rate of $225 per hour for all attorney, paralegals, and law clerks.Attorney travel time and mileage reímbursement would be waived under thisfee arrangement for all General Municipal legal work.
III. FISCAL IMPACTS
Funding for legal services is provided in the 2017118 Fiscal Year Budget in various fundsand departments.
This item has been reviewed by the Finance Director
IV. POLICY ALTERNATIVES:
Alternative options include, but are not limited to:
Continue to retain Terpstra Henderson until the City Council can release and solicit aRequest for Proposals (RFQ) for the regular appointment of City Attorney services.lnitiate the employment recruitment process to fill, in whole or in part, the position ofCity Attorney as a City employee.
V. STEPS FOLLOWING APPROVAL:
Following Approval, the City Clerk Department will finalize and circulate the Agreement forlnterim City Attorney Services for execution.
a
a
Council
Approved by
Prepared by
reement for lnterim City Attorney Services
Art deWerk, lnterim City Manager
Page 3
9ørr,r.l@Lori Waterman, lnterim Community Development Director
Attachments
Jea lReal, Human Resources Director
1. Agreement2. Proposal
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AGREEMENT FOR INTERIM CITY ATTORNEY SERVICES
THIS AGREEMENT FOR INTERIM CITY ATTORNEY SERVICES (“Agreement”) is made and entered into this 26
th day of February 2018, by and between the City
of Atwater, a California Municipal Corporation (“City”), and the law firm of Churchwell White
LLP, a California limited liability partnership (“Firm”). City and Firm may be referred to herein
individually as a “Party” or collectively as the “Parties.” There are no other parties to this
Agreement.
RECITALS
A. Firm has submitted a proposal for services to City to provide city attorney
services and to act as City’s designated city attorney (“City Attorney”).
B. At a regular meeting held on February 26, 2018, the City Council for City (“City
Council”) considered and approved this Agreement with Firm to have Firm provide interim City
Attorney legal services.
C. The Parties seek to enter into this Agreement to authorize Firm to provide City
Attorney legal services to City.
NOW, THEREFORE, in consideration of the mutual covenants entered into between
the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:
AGREEMENT
Section 1. Recitals. The recitals set forth above are incorporated herein by this reference
and made part of this Agreement. In the event of any inconsistencies between the recitals and
Sections 1 through 23 of this Agreement, Sections 1 through 23 will prevail.
Section 2. Appointment. City hereby retains Firm to provide all legal services required by
City (including such other public agencies or entities selected or appointed by City), and Firm
hereby agrees to perform such legal services (“Legal Services”) on an interim basis. The City
Manager for City (“City Manager”) is authorized and charged with executing this Agreement.
Douglas L. White is hereby appointed City Attorney for City, and Thomas P. Hallinan and Kerry
A. Fuller are hereby appointed Assistant City Attorneys for City. City Attorney shall be solely
responsible for the appointment of any Assistant City Attorney following execution of this
Agreement. City Attorney may from time to time assign alternate attorneys employed by Firm to
perform the Legal Services set forth in this Agreement.
Section 3. Effective Date. This Agreement shall become effective and Firm shall
commence performance under the terms of this Agreement on February 27, 2018 (“Effective
Date”) and Firm shall continue such performance unless either City or Firm terminate this
Agreement sooner in accordance with Section 7 of this Agreement.
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Section 4. Integrated Agreement. This Agreement contains all of the agreements of the
Parties and all previous understandings and negotiations are integrated into this Agreement.
Section 5. Amendment. This Agreement may be amended at any time by the mutual
consent of the Parties by an instrument in writing signed by both Parties, except as otherwise
stated herein. Any non-material change to the Agreement may become effective thirty (30) days
following approval of such change in writing by the City Manager and Firm, and shall not
require the approval of the City Council.
Section 6. Compensation and Services.
6.1. Standard of Performance. Firm shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Firm is engaged in the geographical area in which Firm
practices its profession. Firm shall prepare all work product required by this Agreement in a
substantial, first-class manner and shall conform to the standards of quality normally observed by
a person practicing in Firm’s profession.
6.2 Time. Firm shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided in
Section 6.1 of this Agreement and to satisfy Firm’s obligations hereunder.
6.3. Hourly Rate for Legal Services. All Legal Services provided by Firm for City
shall be billed at a blended hourly rate as follows:
6.3.1. General Counsel Legal Services. City shall pay Firm One Hundred
Ninety-Five Dollars ($195.00) for all legal professionals (partners, of counsel, associates,
paralegals, project assistants, and law clerks) for all General Counsel Legal Services. Firm shall
not bill City for travel time to and from City for General Counsel Legal Services.
6.3.2. Special Counsel Legal Services. City shall pay Firm Two Hundred Fifty
Dollars ($250.00) for all legal professionals (partners, of counsel, associates, paralegals, project
assistants, and law clerks) for all Special Counsel Legal Services which include, but are not
limited to, litigation, water, complex real estate transactions, enterprise funds, complex
environmental, and labor and employment services. Special Counsel Legal Services will be
provided in addition to, and billed separately from, the General Counsel Legal Services and are
subject to prior approval from the City Manager before Firm will commence such services.
6.3.3. Reimbursable Services. City shall pay Firm Three Hundred Fifty Dollars
($350.00) for all legal professionals, including, but not limited to, partners, of counsel,
associates, paralegals, project assistants, and law clerks, that provide cost recovery legal services
for City. Reimbursable Services include, but are not limited to, developer funded land use
projects or bond financing. Reimbursable Legal Services will be provided in addition to, and
billed separately from, General Counsel and Special Counsel Legal Services and are subject to
prior approval from the City Manager before Firm will commence such services.
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6.3.4. CPI Increase. The rates herein will be adjusted annually in accordance
with an increase in the All Urban Consumer Price Index for the San Francisco-Oakland-San Jose
Area (“CPI”), but will not be decreased in the event there is any year-to-year or cumulative
decrease in the CPI during the Term (as defined below) of this Agreement. Any increase in rates
herein as a result of an increase to the CPI will be rounded up to the nearest dollar. Any changes
in Firm’s rates shall be based on the October CPI, released every year in November, and shall
become effective on January 1st of each year, following a thirty (30) day notice to City.
Notwithstanding the aforementioned, at no time shall Firm’s rates be increased more than five
percent (5%) per year.
6.4. Outside Counsel. If Firm requires assistance from attorneys not associated or
affiliated with Firm who specialize in a specific field, such as tax or bankruptcy, Firm will
charge and City agrees to pay the billing rates for those attorneys. Firm shall obtain the consent
of the City Manager prior to engaging any attorney not affiliated or associated with Firm to
provide legal services to City.
6.5. Costs, Expenses & Advances. City shall pay for costs, expenses, and advances
incurred by Firm on behalf of City, and services provided by or obtained through Firm on behalf
of City (“Costs & Advances”). Such Costs & Advances shall be the actual cost of the service
obtained and there shall be no mark-up of the Costs by Firm. Costs & Advances include, but are
not limited to: outside courier services, court runner services, court reporter services, and
transportation costs. The Parties agree that City shall pay the Costs & Advances of copying and
printing at a rate of twenty cents (0.20 cents) per page, as adjusted annually by the CPI.
Automobile mileage will be calculated at the rate per mile that is provided by the Internal
Revenue Service at the time the expense is incurred. All Costs & Advances shall be itemized on
Firm’s monthly invoice to City and shall be due pursuant to Section 6.8 of this Agreement.
6.6. Legislative/Lobbying Services. City authorizes Firm to provide legislative and
governmental relation services to City as its registered lobbyist in the State of California. Firm
shall not charge or invoice City for legislative services under the compensation structure set forth
in this Agreement.
6.7. Included Services. Notwithstanding any other provision in this Agreement to the
contrary, City will not be required to pay any separate or additional charge for the following:
a. Secretarial, word processing, or clerical services which are included in the
hourly rates of Firm’s legal professionals;
b. Charges associated with telephone or facsimile services.
6.8. Invoices and Statements.
a. Firm shall provide City with an itemized statement or invoice for fees,
costs, expenses, and advances incurred on a monthly basis. All statements and invoices shall
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indicate the basis for all charges, including the hours worked or cost incurred, the hourly rate,
and a brief description of the work performed. Firm will establish separate billing projects for
specific matters and funding categories as City may direct.
b. Payments shall be made by City to Firm within thirty (30) days of receipt
of any statement or invoice, except for those specific items on an invoice that are contested or
questioned and are returned by City with a written explanation of the question or contest, within
thirty (30) days of receipt of the statement or invoice. Payments made to Firm more than thirty
(30) days after the due date shall draw interest at ten percent (10%) per annum, except as
otherwise set forth herein.
6.9. Payment of Taxes. Firm is solely responsible for the payment of employment
taxes incurred under this Agreement and any similar federal or state taxes.
6.10. Authorization to Perform Services. Firm is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from City.
Section 7. Term and Termination.
7.1. Term. This Agreement shall begin on the Effective Date and shall continue until
terminated by City or Firm upon sixty (60) days advance written notice to the non-terminating
party. Upon termination, Firm shall be entitled to and City shall immediately pay all amounts
owed to Firm. City, however, may condition payment of such compensation upon Firm
delivering to City copies of any or all reports, data, maps, models, charts, studies, surveys,
photographs, memoranda, plans, specifications, records, files, or any other documents or
materials, in electronic or any other form, that Firm prepares or obtains pursuant to this
Agreement and that relate to the matters covered hereunder. Originals of attorney work product
shall remain the property of Firm.
7.2. Options Upon Breach of Agreement by Firm. If Firm materially breaches any
of the terms of this Agreement, City’s remedies shall include, but not be limited to, the
following:
a. Immediate termination of the Agreement;
b. Retention of the plans, reports, documents, and any other work product
prepared by Firm pursuant to this Agreement; or
c. Retention of a different law firm to complete any work described in
Section 6 of this Agreement.
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Section 8. Independent Contractor and Assignment.
8.1. Independent Contractor. Firm shall perform all Legal Services required under
this Agreement as an independent contractor of City, and shall remain, at all times as to City, a
wholly independent contractor with only such obligations as are required under this Agreement.
Neither City, nor any of its employees, shall have any control over the manner, mode, or means
by which Firm, its agents or employees, render the Legal Services required under this
Agreement, except as otherwise set forth. City shall have no voice in the selection, discharge,
supervision, or control of Firm employees, servants, representatives, or agents, or in fixing their
number, compensation, or hours of service.
8.2. Assignment and Subcontracting. City and Firm recognize and agree that this
Agreement contemplates personal performance by Firm and is based upon a determination of
Firm’s unique personal competence, experience, and specialized personal knowledge. Moreover,
a substantial inducement to City for entering into this Agreement was and is the professional
reputation and competence of Firm. Firm may not assign this Agreement or any interest therein
without the prior written approval of the City Manager. Firm shall not subcontract any portion
of the performance contemplated and provided for herein, other than to outside counsel as
described in Section 6.4 of this Agreement, without prior written approval of City.
Section 9. Conflicts.
9.1. No Present Conflicts. Firm has no present or contemplated employment that is
adverse to City. Firm agrees that it shall not represent clients in matters, either litigation or non-
litigation, against City. However, Firm may have past and present clients or may have future
clients, who, from time to time, may have interests adverse to City, and Firm reserves the right to
represent such clients in matters not connected with its representation of City.
9.2. Duty to Disclose Future Conflicts. If a potential conflict of interest arises in
Firm’s representation of two clients, if such conflict is only speculative or minor, Firm shall
inform City and seek waivers from each client with regards to such representation. However, if
real conflicts exist, Firm would withdraw from representing either client in the matter, and assist
them in obtaining special counsel.
9.3. No Conflict in Violation of Government Code Section 1090. Firm may serve
other clients, but none whose activities within the corporate limits of City or whose business,
regardless of location, would place Firm in a “conflict of interest,” as that term is defined in the
rules of professional responsibility governing Firm’s profession, unless such conflict may be
waived by City and City chooses to waive such conflict in writing.
Section 10. Errors and Omissions Insurance Coverage.
10.1. Insurance Coverage. During the Term of this Agreement, Firm shall at all times
maintain insurance coverage for Errors and Omissions with a limit not less than Two Million
Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) in the
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aggregate. During the Term of this Agreement, Firm shall at all times maintain automobile
liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) per accident.
Firm shall name City as a Certificate Holder for the foregoing insurance coverage
policies and City shall also be named as an Additional Insured. All insurance coverage shall be
provided by an insurance company with a rating of A-VII or greater in the latest edition of Best’s
Insurance Guide that is authorized to do business in the State of California. A certificate of
insurance shall be provided to City within thirty (30) days of execution of this Agreement. In the
event that any coverage required by this section is reduced, limited, or materially affected in any
manner, Firm shall provide written notice to City at Firm’s earliest possible opportunity, and in
no case later than thirty (30) days after Firm is notified of the change in coverage.
10.2. Remedies. In addition to any other remedies City may have, if Firm fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the
time herein required, City may, at its sole option, exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for Firm’s
breach:
a. Order Firm to stop work under this Agreement or withhold any payment
that becomes due to Firm hereunder, or both stop work and withhold any payment, until Firm
demonstrates compliance with the requirements hereof; or
b. Terminate this Agreement.
Section 11. Legal Requirements.
11.1. Governing Law. The laws of the State of California shall govern this
Agreement.
11.2. Compliance with Applicable Laws. Firm and any subcontractors shall comply
with all laws applicable to the performance of the work hereunder.
11.3. Other Governmental Regulations. To the extent that this Agreement may be
funded by fiscal assistance from another governmental entity, Firm and any subcontractors shall
comply with all applicable rules and regulations to which City is bound by the terms of such
fiscal assistance program.
11.4. Licenses and Permits. Firm represents and warrants to City that Firm and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature legally required to practice their respective professions. Firm
represents and warrants to City that Firm and its employees, agents, and any outside counsel
shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement
any licenses, permits, and approvals legally required to practice their respective professions. In
addition to the foregoing, Firm and any outside counsel shall obtain and maintain during the term
of this Agreement any required business licenses from City.
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Section 12. Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement are declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the Parties herein.
Section 13. Counterparts. This Agreement may be executed simultaneously and in several
counterparts, each of which shall be deemed an original, but which together shall be deemed one
and the same instrument.
Section 14. Work Product.
14.1. Records Created as Part of Firm’s Performance. Firm hereby agrees to
deliver copies of all reports, data, maps, models, charts, studies, surveys, photographs,
memoranda, plans, studies, specifications, records, files, or any other documents or materials, in
electronic or any other form, that Firm prepares or obtains pursuant to this Agreement to City
upon termination of the Agreement. It is understood and agreed that the documents and other
materials, including, but not limited to, those described above, prepared pursuant to this
Agreement are prepared specifically for City and are not necessarily suitable for any future or
other use.
14.2. Firm’s Books and Records. Firm shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents evidencing or
relating to charges for services or expenditures and disbursements charged to City under this
Agreement for a minimum of three (3) years, or for any longer period required by law, from the
date of final payment to Firm pursuant to this Agreement.
14.3 Inspection and Audit of Records. Any records or documents that Section 14.2
of this Agreement requires Firm to maintain shall be made available for inspection, audit, or
copying at any time during regular business hours, upon oral or written request of City.
Section 15. Notices. Any notice or communication required hereunder between City and
Firm must be in writing, and may be given either personally, by facsimile (with original
forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by
Federal Express, UPS, or other similar couriers providing overnight delivery. If personally
delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is
addressed. If given by facsimile transmission, a notice or communication shall be deemed to
have been given and received upon actual physical receipt of the entire document by the
receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a
normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given
and received on the next normal business day. If given by registered or certified mail, such
notice or communication shall be deemed to have been given and received on the first to occur of
(a) actual receipt by any of the addressees designated below as the party to whom notices are to
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be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly
addressed, with postage prepaid, is deposited in the United States mail. If given by Federal
Express or similar courier, a notice or communication shall be deemed to have been given and
received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may
at any time, by giving ten (10) days written notice to the other Party hereto, designate any other
address in substitution of the address to which such notice or communication shall be given.
Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Atwater
750 Bellevue Road
Atwater, California 95301
Attention: Art de Werk, City Manager
Tel: (209) 357-6300
If to Firm: Churchwell White, LLP
1414 K Street, 3rd
Floor
Sacramento, California 95814
Attention: Douglas L. White, Esq.
Tel: (916) 468-0950
Fax: (916) 468-0951
Section 16. Venue. Venue for all legal proceedings shall be in the Superior Court of
California in and for the County of Merced.
Section 17. Entire Agreement. This Agreement, together with its specific references,
attachments, and exhibits, constitute all of the agreements, understandings, representations,
conditions, warranties, and covenants made by and between the Parties hereto with respect to the
subject matter of this Agreement. Unless set forth herein, neither Party shall be liable for any
representations made, express or implied, not specifically set forth herein.
Section 18. Authority. All Parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement and the names, titles and capacities herein
stated on behalf of any entities, persons, states, or firms represented or purported to be
represented by such entities, persons, states, or firms and that all former requirements necessary
or required by state or federal law in order to enter into this Agreement had been fully complied
with.
Section 19. Document Preparation. This Agreement will not be construed against the Party
preparing it, but will be construed as if prepared by all Parties.
Section 20. Advice of Legal Counsel. Each Party acknowledges that it has reviewed this
Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered
into this Agreement.
{CW053046.2} City of Atwater
Agreement for Interim City Attorney Services
Page 9 of 10
Section 21. No Implied Waiver of Breach. The waiver of any breach of a specific provision
of this Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
Section 22. Successors and Assigns. The provisions of this Agreement shall inure to the
benefit of and shall apply to and bind the successors and assigns of the Parties.
Section 23. Attorney’s Fees and Costs. If any action at law or in equity, including action for
declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing
Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in
the same action or in a separate action brought for that purpose, in addition to any other relief to
which such Party may be entitled.
SIGNATURE PAGE TO IMMEDIATELY FOLLOW
{CW053046.2} City of Atwater
Agreement for Interim City Attorney Services
Page 10 of 10
IN WITNESS WHEREOF, this Agreement has been entered into by and between City
and Firm as of the date of execution by City.
CITY OF ATWATER,
a California Municipal Corporation
By:___________________________________
Its: ___________________________________
Date Signed:___________________________
Attest:
By:___________________________________
Don Hyler III, City Clerk
Date Signed:___________________________
CHURCHWELL WHITE LLP
a California Limited Liability Partnership
By:___________________________________
Douglas L. White, Managing Partner
Date Signed:___________________________
luou$
È-<-t
aCOUNCIL AGENDA REPORT Jim Price, Mayor
Jim Vineyard Paul CreightonBrian Raymond Cindy Vierra
CITY COUNCIL
MEETING DATE: February 26,2018
Mayor and City Council
FROM Art de Werk, lnterim City Manager
PREPARED BY Art de Werk, Interim City Manager andJulie Krebs, Administrative Analyst
SUBJECTS: Gity of Atwater Organizational Restructure Project, Positioningthe Gity for Financial Solvency: Phase One of Two.
Fiscal Year 2017-18 Mid Year Budget Review and Resolutionapproving Budget Amendment to Amend Fiscal year 2017-18Budget.
TO
RECOMMENDED COUNCIL ACTION:
It is recommended that the City Council
Approve the City of Atwater Organizational Restructure Project for Administration,Community Development and Finance Department;
Review the information presented on Fiscal Year 2017-18 revenues andexpenditures;
Authorize and direct the Interim City Manager to take the necessary actions toimplement Phase One of the City of Atwater Organizational Restructure Project; and
Adopt Resolution No. 3016-18, amending the City of Atwater Classification Plan andadopting Salary Schedule B-18, effective March 1,2018.
Page I of6
1
2
3.
4.
5
I. BACKGROUND:
Organizational Restructure: For several years, the City of Atwater has been struggling torecover from the "Great Recession" along with other factors that led to the current financialsolvency crisis. The City has continued to experience complex financial challenges, themajority of which are manifested in the General Fund. As the economy stalled, the City'srevenues declined while costs for conducting the business of the City have increased.
The strongest leadership role for tackling the financial crisis is provided by the position ofcity manager which has lacked continuity with five (5) city managers since 2012, the lastthree (3) serving in an interim role.
For a number of reasons, it is anticipated that there will be difficulty in attracting andretaining suitable "permanent" city manager incumbents for the foreseeable future, and forthis reason, it is proposed to create a deputy city manager to back-up the city managerposition and to provide much-needed continuity in the office of the city manager. A seconddeputy city manager position is proposed to provide the critically-needed strength andauthority over budgetary matters.
At the top of the City Council's stated priorities is financial solvency and stability in itsleadership roles. The City for the time being is holding the line in the context of plannedrevenues verses expenditures, but the current situation will be short-lived because of asignificant future increase in CaIPERS expenses.
The last three fiscal year budgets have technically balanced, but this balance was achievedby having borrowed from the sewer fund and keeping staffing levels and employeecompensation at artificially low levels. There has been a resultant adverse impact on Cityservices and its ability to adequately deal with the financial crisis that will only becomemore critical as we begin to pay the increased costs associated with CaIPERS. And itshould not be forgotten that the City has no General Fund reserves, which leaves itextremely vulnerable in the event of major emergencies or the breakdown of criticalequipment. The City is operating within its available resources; however, it has notincreased its human capital and thus services have suffered. ln addition to the interim citymanager position, other key executive positions are currently being filled by interims (publicworks director, community development director, and police chief).
As part of Fiscal Year 2017-18, the City Council approved a restructure of the city clerkfunctions, removing the duties from the Human Resources Department and adding them tothe Administration Department. ln theory this is a good restructure as both the city managerand city clerk work closely with the City Council. Fiscal Year 2017-18 added the position ofassistant city clerUexecutive assistant to the city manager. Since adoption of the budget,staff has found that it is not feasible for one person to hold the position of assistant cityclerk/executive assistant to the city manager, in that it is in fact a one-person job forassistant city clerk and one additional person to provide executive support to the citymanager position.
Page 2 of 6
Regarding the Mid-Year Adjustment - the City Council adopted the current fiscal yearbudget on July 24, 2017. An update on the status of the City's revenues and expendituresas of the end of the second quarter of the fiscal year was presented to the City Council onFebruary 13,2017. An analysis of revenues and expenditures through December 31 ,2017has been completed. Based upon that review, several budget adjustments arerecommended.
II. ANALYSIS:
ln order to focus on the City's fiscal solvency, specifically as it immediately relates to theGeneral Fund, a fiscally responsible and stable executive management team is paramount.As lnterim City Manager, my first order of business was to examine the structure of the Cityas it relates to human capital as well as its functionality of pertinent operations. Theexecutive management team has been a weak spot for the City, owing to the unusuallyhigh turnover rate in the city manager's position. Without consistent and strong leadership,the problems facing the city will be exceedingly difficult to solve.
Phase One proposes the below restructuring and necessitates amendments to the City'sClassification Plan and Salary Schedule as follows:
A) RestructureCityAdministrationDepartment
1) Amend and fund the existing assistant city manager position classification title(deputy city manager) and contents providing continuity. The title "Assistant"is outdated, antiquated and potentially pejorative. This will provide stability tothe organization even if and/or when the city manager position incumbentchanges. This also allows the current interim city manager to focus muchneeded attention/solutions to areas contributing to the General Fund deficitand other critical functions of the City that are not meeting expectations.
Reclassify the finance director position to deputy city manager/financedirector. This will give the incumbent direct authority over departmentdirectors to effectively manage all aspects of the City's budget. One of thesignificant weaknesses of the organization is that the finance director positionhas not been accorded the authority to control budget expenditures. Ofcourse, the city manager has final say over matters such as this one, butsince the city manager position has been subject to frequent turnover, now isthe time to build in this proposed organizational safeguard.
Restructure the currently vacant assistant city clerk/executive assistant to thecity manager posítion (which is currently funded in the budget) to the positionsof deputy city clerk and operations analyst. The title "Assistant" is outdated,antiquated and potentially pejorative. An Amendment to the City'sClassification Plan is required for both positions. Staff is not recommendingany amendments to the Salary Schedule at this time.
2)
Page 3 of 6
B) Create a fiscally responsible and stable executive management team by makingpermanent appointments:
1) Public works director. Staff is currently recruiting for a permanent appointment.No changes to job description or salary schedule are recommended at thistime. Additional structure changes may be recommended during Phase Two ofthe Restructure Project.
2) Deputy city manager/general services director. This is a new position and themajority of the costs associated with it will be derived from the communitydevelopment director position which will remain unfilled into the foreseeablefuture. By keeping the Community development director vacant, the City willsave approximately $150,000 for the current fiscal year. Staff had previouslyrecruited for this position but no qualified applicants were received.Development and growth should be a priority to the City; therefore structurechanges are evident. As the executive team relates to this position, staff isrecommending a new job classification and associated salary range for ageneral services director. This addition will, under administrative direction ofthe city manager, oversee and direct and coordinate the functions, operationsand services of the Community Development Department, and will includecontract management, Planning, Engineering, Grants, Public Works, alongwith Recreation, and the general day-to-day duties.
3) The department reportíng relationships to the deputy city manager may varydepending on organizational needs and priorities. Staff is not recommendingdeleting the community development director classification or salary scheduleat this time. Additional structure changes will be recommended during PhaseTwo of the Restructure Project.
4) The police department is currently under review. Structure changes may berecommended during Phase Two of the Restructure Project.
III. FISCAL IMPACTS:
Resolution No. 3012-18 approving Budget Amendment No. 7 details all the necessarymid-year adjustments, including the organizational restructure project, phase one. Thebelow highlights some of the adjustments for the various funds.
General Fund
Higher than anticipated revenue projections for Merced Union High School DistricUAtwater Elementary School District Reimbursement ($98,757), State Cops Funding($95,000), Live Scan ($1,000), Engineering lnspection Fees ($10,000) and EngineeringAdmin Fees ($13,000) will be partially offset by lower revenue than budgeted fromBuilding Permits ($100,000), Planning Fees ($5,OOO¡ and Recreation Fees ($68,000).Due to an adjustment to administration fees and one time revenue from real property
Page 4 of 6
sale under other revenue, the net impact of these adjustments is an overall increase of$395,977 in General Fund projected revenue this fiscal year.
Some adjustments to the City Administration, Finance, Community Development, andPolice expenditure budgets are also recommended:
- Increase for City Administration Salaries and wages, regular ($62,168) for addingdeputy city managers' positions (4 months) and modifying assistant cityclerk/executive assistant to the city manager position which was originallybudgeted to add operations analyst, and deputy city clerk positions, Non-departmental ($172,000) for professional services, Police Department ($t00,000)to cover overtime and ($50,000) for Management review, and various otheraccounts (see exhibit A for details).
- The total General Fund mid-year budget adjustments to cover over-expendituresand revenue shortfalls are 8526,524.
- The total for General Fund mid-year savings coupled with higher-than-predictedrevenues is $389,708.
- The net impact from the above changes on the General Fund budget is$136,816.
Other Funds
Measure H FundMachinery & Equipment expenditures are increased by ($30,000) because funds werebudgeted for the equipment to have police vehicles outfitted for operations under lastfiscal year but the purchase did not occur until this fiscal year. Those funds were nevertransferred from last year to the current year.
Employee Benefits FundAn increase to budget correct amount of ($424,400) to cover the Retirementcosts.
Inter-fund transfersFunds from the Water Fund Capital Replacement to the Water Enterprise Fund forthe Capital lmprovement Projects. (See Resolution No. 3012-18 approving BudgetAmendment No. 7 for details).
IV. LEGAL REVIEW:
This item has not been reviewed by the City Attorney's office as Phase One RestructureProject and Mid-Year adjustments are operational in nature and do not require legal review.
V. POLICY ALTERNATIVES:
Staff has presented a plan that reflects an extensive review of existing organizationalissues, deficiencies and needs. The primary focus centers on creating an organization that
Page 5 of 6
has the strength, structure and resources needed to get the City through the next severalyears. The priorities are financial survival, organizational continuity and functionality,customer service, employee morale and addressing employee compensation deficiencies.
The City Council, of course, has the option of rejecting the plan we have put forth, it canmodify the structure or it can maintain the status quo. Staff strongly recommends that theorganizational structure plan is, at minimum, what is required to deal with the currentchallenges for the City to be able to meet the impending budget crisis head-on.
vl. INTERDEPARTME AL COORDINATION:
Key members of the City's existing management team collaborated on the Phase OneRestructure Project over several meetings on the nature and contents of what should beincluded in Phase One.
VII. STEPS FOLLOWING APPROVAL:
Several more positions require review to include reclassifications. For example, finance,human resources, building, and public works. Staff will bring fonryard recommendations withthe upcoming Fiscal Year 2018 Budget.
Staff intends to meet with Council during the month of March in a study session setting tooutline a variety of options to pursue in effort to eliminate inter-fund debt(s), to prepare formajor [new] budget threats and to build a viable fund balance (general fund reserve).
Attached as Exhibit A, Future City Council Study Session Topics, is a list of potential areasfor savings and inc¡easing revenues. lt is the aforementioned list that we will be discussingwith the Counçil.
Prepared by: ll',wI \prréU's, Adìl i n istràlve Analyst
Art Oe Werk, I m City Manager
A. Organizational Chart - Option 1
B. Organizational Chart - Option 2C. Future City Council Study Session Topics - Exhibít AD. Resolution No. 3012-18E. Resolution No. 3016-18
City Manager:
Exhibits:
Page 6 of 6
Attachment A
City of Atwater
Organizational Chart, Option 1
CITY MANAGER
Deputy City Manager / Finance Director
Deputy City Manager / General Services Director
Operations Analyst
Deputy City Clerk
Minutes Clerk
Fire Department
HR Department
Police Department
Information Technology
Community Development
Public Works
Recreation
Grants
Contract Management
Planning
Building
Engineering
Attachment B
City of Atwater
Organizational Chart, Option 2
CITY MANAGER
Finance Director
Deputy City Manager / General Services Director
Operations Analyst
Deputy City Clerk
Minutes Clerk
Fire Department
HR Department
Police Department
Information Technology
Community Development
Public Works
Recreation
Grants
Contract Management
Planning
Engineering
Building
Exhibit A
1
City of Atwater
Future City Council Study Session Topics
CAL FIRE SAVINGS
CITY MANAGER SAVINGS
FURLOUGH ELIMINATION PLAN
ATWATER EMERGENCY COMMUNICATIONS CENTER
MARIJUANA ORDINANCE
PHONE SYSTEM & I.T. SERVICES
ADVERSE CONSIDERATION RE: PARTNERING WITH NEIGHBORING
GOVERNMENTS
PRIVATIZING PLANNING AND COMMUNITY DEVELOPMENT
EMPLOYEE SALARIES
UPDATING ALL FEES SCHEDULES
POLICE DEPARTMENT RESTRUCTURING/SAVINGS
SELL CITY OWNED PROPERTIES AND ASSETS TO PAY DOWN SEWER
FUND DEBT
POLICE TOW YARD
REVIEW OF SOLAR CONTRACT
ANIMAL CONTROL AND SHELTER EXPENSES
PARKS MAINTENANCE & STREET CLEANING
FLEET FUEL PURCHASE
FIRE APPARATUS MAINTENANCE
FINANCIAL CONDITION OF LANDSCAPE, LIGHTING AND DRAINAGE
DISTRICTS
CITY ATTORNEY SERVICES/SAVINGS MEASURES
COLLECT FIRE MARSHAL SERVICE FEES
IMPACT FEES
FERRARI RANCH FEES
EMPLOYEE BENEFITS
RESOLUTION NO. 3012-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATWATER APPROVING BUDGET AMENDMENT NO. 7 AMENDING FISCAL YEAR 2017-18 BUDGET REGARDING REVENUE AND EXPENDITURE ADJUSTMENTS BASED ON MID-YEAR ANALYSIS
WHEREAS, the City of Atwater Annual Budget for Fiscal Year 2017-18 was adopted by the City Council and the Board of Directors of the Atwater Fire Protection District and Successor Agency to the Former Atwater Redevelopment Agency on August 14, 2017; and WHEREAS, further review of projected revenue, expenditures and transfers for each City fund indicates the need to amend the approved budget; and WHEREAS, the City Manager has submitted to the City Council of the City Atwater proposed amendments to the Fiscal Year 2017-18 Budget; and WHEREAS, it is the intention of the City Council of the City of Atwater to adopt the proposed budget amendments as submitted by the City Manager. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 7 as outlined in EXHIBIT A, attached hereto and made a part thereof. BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.
CITY COUNCIL
OF THE CITY OF ATWATER
Resolution No. 3012-18 Page 2
The foregoing resolution is hereby adopted this 26thday of February, 2018. AYES: NOES: ABSENT: APPROVED: ________________________________ JAMES E. PRICE, MAYOR
ATTEST: _________________________________ DON HYLER III, CITY CLERK
Exhibt A
Fund Description Revenue Expenditures
General FundAdministration Fee - revised projections
Streets 7,705
Water 83,887
Sanitation 52,922
Sewer 83,887
Other Revenue - sale of property 120,000
Community Development DepartmentWell Permits - revised projections 550
Building Permits - revised projections (100,000)
Planning Fees (5,000)
Engineering Admin Fees 13000Plan Check Fees - Building (5,000)
Engineering Inspection Fees 10,000
Reimbursable Plan Check 1,000
Plan Check Fees - revised projections (5,000)
Parks & Community ServicesRecreation Fees (68,000)
Overtime - revised projections 3,000
Youth Flag Football (807)
Adult Slo-Pitch Softball 263
Adult Co-Ed Softball (2,898)
Men Fall Slo-Pitch Ball (2,975)
Mens Basketball - revised projections (2,334)
Summer League Basketball (1,433)
Summer Co-Ed Softball League (2,150)
City AdministrationSalaries & Wages, Regular - Salary adjustments for 4 months
Deputy City Manager / General Services Director - salary difference 35,330
Operations Analyst - difference between positions 17,705
Deputy City Clerk - difference between positions 14,133
Community RDVLPMNT Prop TrustProject Extension Fees 1,400
Interest Earned 40
Rents & Leases 935
Sale of Real Property 43,219
Sw Quad Storm Drainage Fees 6,000
Transfer to RORF 43,219
Employee Benefits FundRetirement 478,800
TOTAL OTHER FUNDS ADJUSTMENTS 55,035 552,019
Inter-fund TransfersFrom:
Water Fund Capital Replacement to Water Enterprise Fund
Special Departmental Expense 5,000
Machinery & Equipment 30,000
DBCP Settlement to Water Enterprise Fund
Professional Services 30,000
CITY COUNCIL OF THE
CITY OF ATWATER
RESOLUTION NO. 3016-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATWATER AMENDING THE CITY OF ATWATER CLASSIFICATION PLAN AND ADOPTING SALARY SCHEDULE B-18, EFFECTIVE MARCH 1, 2018
WHEREAS, the City Council adopted Resolution No. 2088-05 adopting the City of Atwater Classification Plan; and WHEREAS, Salary Schedule A-18, effective January 1, 2018 was adopted by Resolution No. 3009-18 on January 8, 2018; and WHEREAS, the City Council approves and adopts the Salary Schedule for the Classification Plan and/or directs the City Manager to prepare and/or update said Schedule to reflect City Council direction; and WHEREAS, staff is recommending certain amendments to existing job classifications and adding new job classifications to the City’s Classification Plan, and modifying the salary schedule accordingly. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby amend the City of Atwater Classification Plan to amend certain job classifications and to add job classifications as described in EXHIBIT “A,” attached hereto and made a part herein. BE IT FURTHER RESOLVED, that the City Council of the City of Atwater does hereby adopt City of Atwater Salary Schedule B-18, EXHIBIT "B," attached hereto and made a part herein. The foregoing resolution is hereby adopted this 26th day of February, 2018. AYES: NOES: ABSENT:
Resolution No. 3016-18 Page 2
APPROVED:
________________________________ JAMES E. PRICE, MAYOR ATTEST: _________________________________ DON HYLER III, CITY CLERK
DEPUTY ASSISTANT CITY MANAGER/FINANCE DIRECTOR DEFINITION Assists the City Manager to plan, organize, direct, manage, and direct the overall activities and operations of the City government; to represent City policies and programs with City staff, community organizations, other agencies, and the public; to coordinate activities among and with other departments; to provide staff assistance to the City Manager and City Council as directed by the City Manager; to review City department’s annual budget requests and develop final expenditure recommendations for presentation to the City Manager; to assist the City Manager in employer-employee relations; and to do related work as required under general direction of the City Manager. Serves as Disaster Service Worker. FLSA Status: Exempt. Bargaining Group: Unrepresented. DISTINGUISHING CHARACTERISTICS This is a single position class that serves as chief deputy to the Chief Executive Officer on operations and the administration of the overall activities of City government and in providing of public services. This is a specialized advanced administrative, fiscal, and management analysis classification for providing direct assistance to the City Manager. The incumbent must have premier skills in effectively managing multiple projects and priorities. The DeputyAssistant City Manager/Finance Director may serves as acting City Manager in his/her absence. When delegated by the City Manager, the DeputyAssistant City Manager/Finance Director will have the authority to sign necessary documents in the absence of the City Manager. The incumbent serves at the pleasure of the City Manager. REPORTS TO The City Manager. CLASSIFICATIONS SUPERVISED Exercises direct supervision over management, professional, clerical, technical personnel, and other City staff as assigned. Supervision may include department heads when designated by the City Manager. ESSENTIAL FUNCTIONS Serves as assistant to the Chief Executive Officer; provides the City Manager and management with advice and consultation on the development of City services and policies; assists the City Manager to coordinate the agenda for City Council meetings;
DEPUTYASSISTANT CITY MANAGER/FINANCE DIRECTOR Page 2 directs special studies to determine the effectiveness of City operations and activities; when designated by the City Manager may represent City Council policies with employees, other government agencies, the public, and community organizations; reviews department budget requests and proposals, overseeing formulation of the annual budget, long-range financial plan, and strategic planning and visioning; develops recommendations on final expenditure levels for presentation to the City Council; oversees expenditure controls for the adopted budget; and maintains a continued awareness of administrative practices and recommends changes to the City Manager. Assists the City Manager in developing, planning, implementing and administering City-wide goals and objectives as well as policies and procedures necessary to provide City services; and approves new or modified programs, systems, policies, and procedures. Provides direction and advice to City department management; and coordinates interdepartmental activities as well as City activities with outside agencies and organizations. Performs or supervises comprehensive management analyses in a wide range of municipal policies, organization, procedures, budgetary, and finance areas; and prepares and presents staff reports and other necessary correspondence. Oversees the Finance Department which encompasses budget, payroll, accounts receivable/payable, utilities, business licenses, and investments; supervises the purchasing of materials and supplies; manages the day-to-day banking and investment program; in conjunction with the City Treasurer, manages the City’s investment portfolio; directs and oversees the preparation of a wide variety of reports and financial statements required by City management and other agencies; works with external auditors of City financial records and procedures; oversees the maintenance of cash flow and revenue records; invests City funds; monitors and reviews City investments, cash balances, and treasurer reports; and reviews various financial and administrative functions including payroll, debt management, grants, purchasing, leases, and insurance. Oversees the Human Resources function which encompasses personnel, labor relations, organizational development, and risk management; reviews and recommends to the City Manager changes in City-wide personnel policies, procedures, and practices; assists the City Manager in the City’s labor relations activities; and assists in developing labor relations objectives and strategies. Oversees the Information Technology function; conducts research and develops recommendations to the City Manager on City-wide operations, policy, procedures, programs, services, and other administrative issues; directs the procurement and utilization of computers and software; reviews management information systems questions, issues, problems, and planning; and has responsibility for the development of centralized computer and information systems. Represents the City Manager at meetings, as needed, by making presentations to explain program or project status to the City Council or other formal groups and to
DEPUTYASSISTANT CITY MANAGER/FINANCE DIRECTOR Page 3 answer questions or arrange for compilation of data to assist in the decision making process. Prepares and presents reports to the City Council and other legislative boards relative to areas of responsibility. Provides highly responsible administrative staff assistance including conducting specific and comprehensive analysis of a wide range of municipal policies involving organization, procedures, finance, and services. Provides a wide range of assistance to the City Manager including special projects, administrative functions, enforcement of all laws and ordinances, and performs related work and other duties as assigned by the City Manager. Represents City functions and activities with citizens, community organizations, and other government agencies; and performs related duties as assigned. TYPICAL PHYSICAL REQUIREMENTS Sit for extended periods; frequently stand and walk; normal manual dexterity and eye-hand coordination; lift and move objects weighing up to 25 pounds; corrected hearing and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, and FAX. TYPICAL WORKING CONDITIONS Work is normally performed in an office environment; frequent driving to different locations throughout the City; continuous contact with other staff and the public. MINIMUM QUALIFICATIONS Knowledge of: • Principles and practices of public administration including administrative analysis,
fiscal planning, and control, policy, and program development. • Laws, rules, ordinances, and legislative processes controlling municipal government
services and operations. • Organization, problems, and functions of municipal government. • Research and evaluation methods. • Human Resources, personnel, employer-employee relations, risk management, and
equal employment opportunity programs, procedures, and requirements. • Principles of management, supervision, training, and employee evaluation. • Information systems, personal computers, and software applications related to City
management and administration. Ability to:
DEPUTYASSISTANT CITY MANAGER/FINANCE DIRECTOR Page 4 • Plan, organize, manage, coordinate, and supervise the functions and services of the
City to achieve efficient operations and achieve program goals. • Prepare and administer the City budget and oversee fiscal records. • Coordinate the preparation of the City Council agenda. • Direct the gathering, organization, analysis, and presentation of a variety of data and
information. • Prepare clear, concise, and accurate records and reports. • Evaluate, formulate, and develop recommendations on improvements to City
operations, programs, and services. • Provide advice and consultation to the City Council on the development of
ordinances, regulations, programs, and policies. • Communicate well during public presentations. • Exercise supervisory and management authority tactfully and effectively. • Effectively represent the City’s policies, programs, and services with the public,
community organizations, City staff, and other government agencies. • Establish and maintain cooperative working relationships. Training and Experience: • Six (6) years of broad and extensive management, supervisory, and administrative
experience, preferably including work in a public agency involving development and administration of programs, budgets, and public services.
SPECIAL REQUIREMENTS • None. Education: • Graduation from an accredited college or university with a Bachelor’s degree in
public administration, business administration, or a closely related field. • A Master’s degree in public administration, business administration, or a closely
related field is highly desirable.
License: • Possession of a valid California driver’s license.
The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice. Terms and conditions of employment are determined through a meet and confer process and are subject to the Memorandum of Understanding currently in effect. Rev. 02-26-1808-31-09
DEPUTY CITY MANAGER DEFINITION Assists the City Manager to plan, organize, manage, and direct the overall activities and operations of the City government; to represent City policies and programs with City staff, community organizations, other agencies, and the public; to coordinate activities among and with other departments; to provide staff assistance to the City Manager and City Council as directed by the City Manager; and to do related work as required under general direction of the City Manager. Serves as Disaster Service Worker. FLSA Status: Exempt. Bargaining Unit: Unrepresented. DISTINGUISHING CHARACTERISTICS The incumbent serves as chief deputy to the Chief Executive Officer on general operations and the administration of the overall activities of City government and in providing of public services. Must have premier skills in effectively managing multiple projects and priorities. The Deputy City Manager may serve as acting City Manager in his/her absence. When delegated by the City Manager, the Deputy City Manager will have the authority to sign necessary documents in the absence of the City Manager. The incumbent serves at the pleasure of the City Manager. REPORTS TO The City Manager. CLASSIFICATIONS SUPERVISED Exercises direct supervision over management, professional, clerical, technical personnel, and other City staff as assigned. May serve as department director to a designated department while serving as Deputy City Manager, and other departments and/or divisions may report directly to the Deputy City Manager when designated by the City Manager. ESSENTIAL FUNCTIONS Serves as assistant to the Chief Executive Officer; provides the City Manager and management with advice and consultation on the development of City services and policies; directs special studies to determine the effectiveness of City operations and activities; when designated by the City Manager may represent City Council policies with employees, other government agencies, the public, and community organizations; and maintains a continued awareness of administrative practices and recommends changes to the City Manager.
DEPUTY CITY MANAGER Page 2
Assists the City Manager in developing, planning, implementing and administering City-wide goals and objectives as well as policies and procedures necessary to provide City services; and approves new or modified programs, systems, policies, and procedures. Provides direction and advice to City department management; and coordinates interdepartmental activities as well as City activities with outside agencies and organizations. Performs or supervises comprehensive management analyses in a wide range of municipal policies, organization, and procedures; and prepares and presents staff reports and other necessary correspondence. Represents the City Manager at meetings, as needed, by making presentations to explain program or project status to the City Council or other formal groups and to answer questions or arrange for compilation of data to assist in the decision making process. Prepares and presents reports to the City Council and other legislative boards relative to areas of responsibility. Provides highly responsible administrative staff assistance including conducting specific and comprehensive analysis of a wide range of municipal policies involving organization, procedures, and general services. Provides a wide range of assistance to the City Manager including special projects, administrative functions, enforcement of all laws and ordinances, and performs related work and other duties as assigned by the City Manager. Represents City functions and activities with citizens, community organizations, and other government agencies; and performs related duties as assigned. TYPICAL PHYSICAL REQUIREMENTS Sit for extended periods; frequently stand and walk; normal manual dexterity and eye-hand coordination; lift and move objects weighing up to 25 pounds; corrected hearing and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, and FAX. TYPICAL WORKING CONDITIONS Work is normally performed in an office environment; frequent driving to different locations throughout the City; continuous contact with other staff and the public. MINIMUM QUALIFICATIONS Knowledge of:
Principles and practices of public administration including administrative analysis, policy, and program development.
DEPUTY CITY MANAGER Page 3
Laws, rules, ordinances, and legislative processes controlling municipal government services and operations.
Organization, problems, and functions of municipal government.
Research and evaluation methods.
Principles of management, supervision, training, and employee evaluation.
Principles and practices of leadership, motivation, team building, and conflict resolution.
Ability to:
Plan, organize, manage, coordinate, and supervise the functions and services of the City to achieve efficient operations and achieve program goals.
Direct the gathering, organization, analysis, and presentation of a variety of data and information.
Prepare clear, concise, and accurate records and reports.
Evaluate, formulate, and develop recommendations on improvements to City operations, programs, and services.
Provide advice and consultation to the City Council on the development of ordinances, regulations, programs, and policies.
Communicate well during public presentations.
Exercise supervisory and management authority tactfully and effectively.
Effectively represent the City’s policies, programs, and services with the public, community organizations, City staff, and other government agencies.
Establish and maintain cooperative working relationships. Training and Experience:
Six (6) years of broad and extensive management, supervisory, and administrative experience, preferably including work in a public agency involving development and administration of programs and public services.
SPECIAL REQUIREMENTS
None Education:
Graduation from an accredited college or university with a Bachelor’s degree or a Master’s degree in public administration, business administration, or a closely related field is highly desirable.
License:
Possession of a valid California driver’s license.
DEPUTY CITY MANAGER Page 4
The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice. 02-26-18
GENERAL SERVICES DIRECTOR
DEFINITION Under direction of the City Manager, to plan, organize, direct, and manage the activities and programs of the City’s general services such as, but not limited to, Planning Division, Engineering Division, Building Division, Grant Administration, Economic Development, and Recreation Division; to provide responsible advice and support to the Community Development and Resources Commission; to manage and negotiate terms and conditions of professional services contracts; to supervise, train, and evaluate the work of assigned staff; and to perform other related work as required. Serves as Disaster Service Worker. FLSA status: Exempt. Bargaining Group: Unrepresented. DISTINGUISHING CHARACTERISTICS This is a top level executive management classification for the position which has responsibility for managing and directing contracts for planning, engineering, building, public works projects, and economic development functions, as well as managing and directing the services of the recreation department and grant administration. REPORTS TO City Manager, or as assigned. CLASSIFICATIONS SUPERVISED Contract City Engineer, Economic Development Coordinator, Senior Planner, Planning Technician, Chief Building Official, Chief Building Inspector, Building Inspector, Building Permit Technician, Project Accountant, Recreation Supervisor, and other assigned support staff. ESSENTIAL FUNCTIONS Plans, organizes, directs and coordinates the functions, operations, and services of the General Services Department; develops and implements goals, objectives, and priorities; develops, coordinates, and participates in current and advanced planning functions; formulates division procedures and policies; and ensures proper staffing for the Community Development and Resources Commission. Directs the preparation of and develops, prepares, and presents a variety of complex reports and recommendations for assigned boards, commissions, and committees; has oversight responsibility of the City’s development review process; provides consultation and advice on issues for the City Manager and City Council; and represents the Department functions with the public, community organizations, and other governmental agencies. Provides advice and support for Departmental staff.
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Confers with City staff, the public, private officials, citizens, and civic groups. Directs and participates in the preparation of planning studies, including analysis, review, and presentation of narrative and statistical findings and recommendations. Serves as Secretary to the Community Development and Resources Commission and provides staff leadership and technical assistance to other boards and commissions. Maintains effective relations with a variety of community organizations, groups, and other individuals; and works closely with other department directors and City staff to provide comprehensive services to City residents and to solve a broad range of service delivery, community, and administrative problems. Assigns, directs, and evaluates professional and administrative support staff; and makes recommendations for appointments, promotions, and disciplinary actions. Coordinates, delegates, and follows up on the work of assigned staff; sets work priorities, coordinates and schedules assignments, and establishes goals and objectives. Directs the preparation of and prepares a variety of written material, including staff reports, memoranda, administrative and technical interpretations, and recommendations and correspondence. TYPICAL PHYSICAL REQUIREMENTS Sit for extended periods; frequently stand and walk; normal manual dexterity and eye hand coordination; lift and move objects weighting up to 25 lbs; corrected hearing and vision to normal range; verbal communications; use of office equipment, including computer, telephone, calculator, copiers and FAX. TYPICAL WORKING CONDITIONS Work is normally performed in an office environment; continuous contact with staff. MINIMUM QUALIFICATIONS Knowledge of: • General accounting theory, principles, and practices and their application to a
variety of accounting transactions and problems. • Computerized spreadsheet, database, and word processing software. • Auditing theory, principles, and techniques and their application to
Redevelopment and Grant administration. • Principles of work direction and work coordination. • Budget development and control. Ability to: • Establish and maintain cooperative working relationships. • Effectively plan, manage, and oversee a variety of projects, programs, and
Professional Services Contracts. • Provide supervision, training, and work evaluation for assigned staff. • Budget development and control. • Provide a variety of consultation to City electred officials, managements, and
staff.
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• Develop and administer grants. • Collect, compile, and analyze technical, statistical, and other infformation. • Perform special assignments or boards and commissions. • Direct the preparation of specialized studies and reports. • Make effective oral and written presentations. • Effectively represent the functions of City general services in responding to
inquiries, providng assistance, and dealing with the public and community organization concerns.
Training and Experience: • Five (5) years of increasingly responsible work experience with the City of
Atwater. • Five (5) years of experience in an administrative management or supervisory
capacity in public planning and development, public redevelopment, urban planning, business administration, economic development, or in private sector development or redevelopment and improvement programs is highly desirable.
SPECIAL REQUIREMENTS • None. Education: • Combination of graduation from an accredited college or university with an
Associate’s degree in public or business administration. Education requirement may be substituted with equivalent years of experience.
License: • Possession of a valid California driver’s license. The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice. 02/26/18
DEPUTY CITY CLERK
DEFINITION Under general supervision, and in the absence of an on-staff City Clerk, to perform technical work related to all City Clerk functions. Serves as primary custodian of the City’s historical, legal, and other official records; and provides information services to the public, City Council, and City staff in a professional manner, with impartiality, courtesy, and tact. To prepare, process, and distribute agendas, minutes, ordinances, and resolutions; and to serve as the City’s election official and filing officer for the Fair Political Practices Commission. Administers Oath of Office; updates the City’s Conflict of Interest Code; receives claims and suits on behalf of the City; serves as Financial Disclosure Officer and as a California Public Records coordinator; maintains compliance with State law regarding the Brown Act; and performs related work as required. Serves as Disaster Service Worker. FLSA Status: Exempt. Bargaining Group: Mid-Management (Confidential), Unrepresented. DISTINGUISHING CHARACTERISTICS In the absence of an on-staff City Clerk, this is the experienced working level Deputy City Clerk classification. This classification may assist the City Manager, City Council, and City Attorney. An incumbent must be willing to attend meetings outside normal working hours and be available to work unusual hours, as necessary. The position allocated to this class exercises a considerable degree of initiative, tact, and mature judgment in the performance of a variety of administrative duties. Duties are performed under minimal supervision and require comprehensive knowledge of City policies and procedures. REPORTS TO City Manager, or as assigned. CLASSIFICATIONS SUPERVISED Minutes Clerk and other support staff as assigned. ESSENTIAL FUNCTIONS Attends City Council meetings and other such meetings where the City Council is designated as the authority; takes notes, records proceedings and prepares and/or reviews official minutes; coordinates and performs agenda follow-up including preparation of official resolutions, ordinances, minutes, official letters, and codification of the municipal code; performs official publication of notices and ordinances and other legal documents; maintains legislative history of City Council meetings through indexing including minutes, ordinances, resolutions, contracts, deeds/easements, and other
DEPUTY CITY CLERK Page 2
documents; directs upkeep and maintenance of official records and assists with developing and maintaining accurate documentation on the indexing, storage, and destruction of City records according to City policy; assists with processing and making arrangements for municipal elections; accepts and processes petitions for referendums and initiatives and registers voters; maintains City Seal; assists with the administration of legal requirements and filings related to conflict of interest statements, campaign disclosure statements, and designated employee economic interest statements; develops and maintains logs of all statements on file; compiles materials and prepares and assists with the preparation of reports, manuals, and publications; prepares and issues notices of meetings; prepares notices and releases of liens and files for recording; attests to ordinances, resolutions, agreements and other official records; certifies official documents and files documents for recording; attends bid openings and opens sealed bids, and checks bonds; serves as the California Public Records Act (CPRA) coordinator; and provides complex research and retrieval of records and documents for the public and City departments. The position may be required to provide confidential, highly responsible, technical, and administrative support to the City Council, City Attorney, and other City staff as needed including drafting, composing, and typing correspondence. Gathers information and composes correspondence in reply to various requests, inquiries, and questionnaires; maintains a calendar and schedules appointments for the City Council; makes arrangements for conferences; prepares agenda and agenda materials for City Council meetings; prepares and presents staff reports and correspondence; oversees staffing City boards and commissions, ensuring proper posting of vacancies and appointments; establishes and maintains filing systems; composes general correspondence for Mayor and City Council such as letters of congratulation or commendation; types and publishes news releases; maintains a filing and recall system for the City Council and staff; notifies members and the press for a variety of City Council appointed committees; and operates a variety of office equipment including personal computers and word processing equipment. Will be required to attend night and weekend meetings. TYPICAL PHYSICAL REQUIREMENTS Sit for extended periods; frequently stand and walk; normal manual dexterity and eye-hand coordination; lift and move objects weighing up to 25 lbs.; corrected hearing and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, postage machine, and FAX. TYPICAL WORKING CONDITIONS Work is performed in an office environment; continuous contact with other staff and the public.
DEPUTY CITY CLERK Page 3
MINIMUM QUALIFICATIONS Knowledge of:
• Correct English usage, spelling, grammar, and punctuation. • Principles and practices of records management systems. • Modern office management practices and procedures including correspondence,
filing systems including confidential records management, and the operation of standard office equipment and computers.
• Basic functions and organization of municipal government. • Legislative duties and responsibilities of the office of the City Clerk. • California Public Records Act (CPRA).
Ability to:
• Establish and maintain effective relationships with the elected City Clerk and with those contacted in the course of work.
• Maintain confidentiality. • Employ good judgment and make sound decisions in accordance to established
procedures and policies. • Organize, research, and maintain complex and extensive files and records. • Learn municipal laws and procedures, election laws, and fair political practices
requirements. • Operate a computer accurately and efficiently and work with various computer
software including database and records management programs used in the office of the City Clerk.
• Pay particular attention to detail (detail-oriented). • Maintain complex records, take accurate notes, and summarize actions from
meetings. • Organize duties and determine priorities in order to meet assigned deadlines. • Deal effectively with a wide variety of personalities and situations requiring tact,
judgment, and poise. • Understand and carry out oral and written instructions. • Type at a net speed of 60 words per minute. • Take notes and transcribe accurate official minutes.
Increased Responsibility/Added Duties:
• FPPC Conflict of Interest compliance and Secretary of State filings. • Staff report preparation and finalization for departments. • Resolution and ordinance preparation and finalization. • Prepare, publish, and post public hearing and other legal notices. • Involvement in preparation of agreements for finalization. • Records destruction; coordinate with all departments for scheduled destruction. • Research documents for City Council as well as staff and public. • Increased interaction and support of City Council members. • Handle (file/process) confidential documents. • Process documents for recordation. • Respond to title company request for release of liens for escrow.
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• Track department expenses for City Clerk and City Council to monitor expenses against budget allotments.
• Plan and coordinate ceremonial matters and special events. • Work closely with City Attorney as needed on City Council agenda packet,
research, responses to complaints, or public records act requests, etc.
Training and Experience: Any combination equivalent to experience and education that could likely provide the required knowledge, skills, and abilities would be qualifying. A typical way would be:
• Four (4) years of increasingly responsible office experience including considerable public contact.
• Experience in a City Clerk's office or other public agency is highly desirable. SPECIAL REQUIREMENTS
• Must be willing to attend meetings outside normal working hours and be available to work weekends and evenings as necessary. Education:
• Equivalent to graduation from high school including or supplemented by specialized clerical or records management courses. Possession of a Bachelor’s degree in public or business administration, or a closely related field, is highly desirable.
• Designation of a Certified Municipal Clerk (CMC) is highly desirable.
License: • Possession of a valid California driver's license.
The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice. Rev. 02-26-18
ASSISTANT CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER
DEFINITION Under general supervision, to perform technical work in the preparation, distribution, maintenance, custody, and preservation of official City documents and records; to take and record the proceedings and prepare minutes of meetings; to assist with the daily administration of City Clerk and Administration Department operations and functions; to perform responsible and confidential administrative duties for the City Manager; to relieve the City Manager of a variety of administrative details; and to perform related work as required. Serves as Disaster Service Worker. FLSA Status: Exempt. Bargaining Group: Unrepresented/Confidential. DISTINGUISHING CHARACTERISTICS This is the experienced working level Assistant City Clerk classification. This classification assists the City Manager, City Council, City Attorney, and City Clerk. An incumbent must be willing to attend meetings outside normal working hours and be available to work unusual hours, as necessary. The position allocated to this class exercises a considerable degree of initiative, tact, and mature judgment in the performance of a variety of administrative duties. Duties are performed under minimal supervision and require comprehensive knowledge of City policies and procedures. REPORTS TO City Manager. CLASSIFICATIONS SUPERVISED None. ESSENTIAL FUNCTIONS Attends City Council meetings and other such meetings where the City Council is designated as the authority; takes dictation, records proceedings, and prepares official minutes; coordinates and performs agenda follow-up including preparation of official resolutions, ordinances, minutes, official letters, and codification of the municipal code; performs official publication of notices and ordinances; maintains legislative history of City Council meetings through indexing including minutes, ordinances, resolutions, contracts, deeds/easements, and other documents; assists with developing and maintaining accurate documentation on the indexing, storage, and destruction of City records; assists with processing and making arrangements for municipal elections; accepts and processes petitions for referendums and initiatives and registers voters; assists with the administration of legal requirements and filings related to conflict of interest statements, campaign statements, and designated employee economic interest
ASSISTANT CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER Page 2 statements; develops and maintains logs of all statements on file; compiles materials and prepares and assists with the preparation of reports, manuals, and publications; prepares and issues notices of meetings; prepares notices and releases of liens and files for recording; attests to ordinances, resolutions, agreements and other official records; certifies official documents and files documents for recording; attends bid openings and opens and checks bidders' bonds; and provides complex research and retrieval of records and documents for the public and City departments. The position may be required to provide administrative assistance to the City Council, City Attorney, and to members of the City Manager’s immediate staff as needed including drafting, composing, and typing correspondence. Acts as confidential executive assistant to the City Manager and relieves him/her of a variety of administrative and analytical details; takes and transcribes dictation for letters, reports, and memoranda; types a variety of materials including correspondence, reports, resolutions, and ordinances; opens, scans, and sorts executive office mail for importance, urgency, and distribution; gathers information and composes correspondence in reply to various requests, inquiries, and questionnaires; answers the telephone and interviews callers, exercising considerable independent judgment in providing information and referring to appropriate parties; maintains a calendar and schedules appointments for the City Manager, the City Council, and immediate staff; makes arrangements for conferences; prepares agenda and agenda materials for City Council meetings; establishes and maintains filing systems; coordinates office; composes general correspondence for Mayor and City Council such as letters of congratulation or commendation; types and publishes news releases; maintains a filing and recall system for the City Manager, City Council, and staff; notifies members and the press for a variety of City Council appointed committees; and operates a variety of office equipment including personal computers and word processing equipment. May be required to attend night and weekend meetings. TYPICAL PHYSICAL REQUIREMENTS Sit for extended periods; frequently stand and walk; normal manual dexterity and eye-hand coordination; lift and move objects weighing up to 25 lbs.; corrected hearing and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, postage machine, and FAX. TYPICAL WORKING CONDITIONS Work is performed in an office environment; continuous contact with other staff and the public. MINIMUM QUALIFICATIONS Knowledge of:
• Correct English usage, spelling, grammar, and punctuation. • Principles and practices of records management systems.
ASSISTANT CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER Page 3
• Modern office management practices and procedures including correspondence, filing systems including confidential records management, and the operation of standard office equipment and computers.
• Basic functions and organization of municipal government. Ability to:
• Perform difficult, complex, and responsible administrative work. • Employ good judgment and make sound decisions in accordance to established
procedures and policies. • Organize, research, and maintain complex and extensive files and records. • Learn municipal laws and procedures, election laws, and fair political practices
requirements. • Operate a computer accurately and efficiently and work with various computer
software including database and records management programs used in the office of the City Clerk and City Administration.
• Maintain complex records, take accurate notes, and summarize actions from meetings.
• Organize duties and determine priorities in order to meet assigned deadlines. • Establish and maintain effective relationships with those contacted in the course
of work. • Deal effectively with a wide variety of personalities and situations requiring tact,
judgment, and poise. • Understand and carry out oral and written instructions. • Type at a net speed of 60 words per minute. • Take dictation and transcribe accurate official minutes.
Increased Responsibility/Added Duties:
• Assist the City Clerk by maintaining responsibilities of the City Clerk. • FPPC Conflict of Interest compliance and Secretary of State filings. • Staff report preparation and finalization for department. • Resolution and ordinance preparation and finalization. • Prepare, publish, and post public hearing notices. • Greater involvement in preparation of agreements for finalization. • Continue compiling list and packing documents for records destruction;
coordinate with all departments for scheduled destruction. • Research documents for City Council as well as staff and public. • Increased interaction and support of City Council members. • Handle (file/process) confidential documents to assist City Clerk and City
Manager. • Process documents for recordation. • Respond to title company request for release of liens for escrow. • Make and track reservations for conferences/seminars (Clerk, Council,
Treasurer). • Track department expenses for Administration, City Clerk, and City Council to
monitor expenses against budget allotments. • Election preparation and coordination with county.
ASSISTANT CITY CLERK/EXECUTIVE ASSISTANT TO THE CITY MANAGER Page 4
• Plan and coordinate ceremonial matters and special events. • Work closely with City Attorney as needed on City Council agenda packet,
research, responses to complaints, or public records act requests, etc.
Training and Experience: • Four (4) years of increasingly responsible executive administrative office
experience including considerable public contact. • Experience in a City Clerk's office or other public agency is highly desirable.
SPECIAL REQUIREMENTS
• Must be willing to attend meetings outside normal working hours and be available to work weekends and evenings as necessary. Education:
• Equivalent to graduation from high school including or supplemented by specialized clerical or records management courses. License:
• Possession of a valid California driver's license.
The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice. Rev. 08-14-17
OPERATIONS ANALYST DEFINITION Under the general supervision of the City Manager, Deputy City manager or designated department director, to perform a wide variety of difficult, routine, and complex administrative, technical, and professional work in analyzing and administering a variety of functional areas. Such areas may include, but are not limited to, budget development; administration and fiscal reporting; citizen engagement and community outreach; development and administration of contractual agreements, leases, and grants; evaluation and development of management policies and procedures; and management of department specific programs and functions. To perform a wide variety of responsible, complex, technical, and confidential administrative duties in support of the City Manager, Deputy City Manager, and City Council; to perform duties that require considerable confidentiality, initiative, tact, mature and independent judgment; to possess strong interpersonal and organizational skills; and to coordinate meetings and activities with other departments and outside agencies. This position assists with the coordination of the City’s Public Information activities and performs a vast array of projects, including press releases. Serves as Disaster Service Worker. FLSA Status: Exempt. Bargaining Group: Mid-Management (Confidential), Unrepresented. DISTINGUISHING CHARACTERISTICS This classification is distinguished from other administrative and analyst positions due to the professional support provided to the City Manager’s office and the City Council. The advanced analytical and project management nature of the position requires a complete knowledge of city-wide policies, legal and legislative impacts, and an ability to function effectively with people at all levels of the organization, as well as external contacts. This is a professional-level position in which the incumbent performs routine, difficult, and complex administrative and technical work under general supervision, where assignments are subject to infrequent review while work is in progress and upon completion. This position uses independent judgment and analytical abilities, which require sound grounding in municipal government and/or assigned program area fundamentals, as well as the ability to independently solve problems of moderate difficulty. Strong written, verbal, interpersonal, and human relations skills are essential for incumbents assigned to this classification. This position regularly performs routine and specialized day-to-day department office support work. This position may be responsible for supervising and providing direction to support staff and various other positions as assigned. This position may represent the city at various external governmental meetings, the incumbent may meet with vendors, citizen groups or engage in other meeting-related activities as assigned.
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REPORTS TO The City Manager or as assigned. CLASSIFICATIONS SUPERVISED Manages the delivery of services and accountability of consultants and other external contractors within the scope of duties. May exercise direct supervision over professional, clerical, and technical personnel as assigned by the City Manager. ESSENTIAL FUNCTIONS Assists and supports the City Manager, Deputy City Manager, and City Council by carrying out administrative assignments; initiates and responds to written and verbal correspondence; composes, edits, and distributes correspondence and provides excellent customer service; provides information to other City departments, community organizations, committees, and the public involving specialized and technical subject matter; policies, records, reports, reference materials, codes, ordinances, and communications; arranges and coordinates conferences; researches information; makes travel arrangements for department director and/or City personnel; operates and assists staff on the proper use of computers and other technological devices; develops recommendations for improving departmental operations and procedures; prepares requisitions and purchase orders; assists with staff reports, resolutions, routine documents, and other forms of communications; and prepares complex statistical, financial, administrative, and budget reports. Conducts organizational, administrative, fiscal, and other related studies; conducts surveys and collects information on operational and administrative problems; develops recommendations for problem resolution; coordinates and participates in special projects; compiles and prepares reports, memoranda, policies, manuals, and newsletters; prepares tables, charts, and graphs to illustrate distribution and trends of statistical data; assists in the preparation of the annual budget by obtaining, compiling, entering data, and monitoring expenditures; explains City ordinances, policies, and procedures to other staff and the public; develops public relations publications and materials; participates in the development and installation of new or revised programs, systems, procedures, and methods of operation; responds to inquiries and complaints; tracks legislation, provides legislative analysis, and responds to legislators and internal staff regarding implications; provides project management of contractual services; assists in the coordination of intra-departmental and departmental activities with other City departments and outside agencies; represents the City in inter-departmental, community, and professional meetings; and confers with other departments on a variety of administrative matters.
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TYPICAL PHYSICAL REQUIREMENTS Sit for extended periods; frequently stand and walk; normal manual dexterity and eye-hand coordination; lift and move objects weighing up to 25 lbs.; corrected hearing and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, and FAX. TYPICAL WORKING CONDITIONS Work is performed in an office environment; continuous contact with other staff and the public. MINIMUM QUALIFICATIONS Knowledge of:
The organization and structure of municipal governments.
Letter and report composition, grammar, and punctuation.
Computer software applications including word processing, spreadsheets, and database programs.
Ability to:
Demonstrate tact and discretion in preparing, disclosing, and handling information of a confidential, controversial, and sensitive nature.
Establish work priorities and remain flexible.
Efficiently respond in a calm and effective manner to a variety of demands and projects.
Demonstrate effective verbal and written communication skills.
Meet established deadlines.
Understand and interpret laws, procedures, codes, policies, and guidelines.
Coordinate information, arrangements, and correspondence with minimum review.
Establish and maintain good working relationships with all levels of the organization and the public.
Communicate clearly and distinctly with visitors and telephone callers.
Provide courteous information and service to the public and other City staff.
Organize and maintain complex record and filing systems.
Type accurately at a speed necessary for completing documents as needed.
Prepare a variety of documents, reports, and records.
Work independently and make sound decisions.
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Training and Experience: Any combination equivalent to experience and education that could likely provide the required knowledge, skills, and abilities would be qualifying. A typical way would be:
Six (6) years of broad, increasingly responsible administrative experience involving at least one (1) year of administrative office support services to a manager at an executive, division, or department director level, preferably including work in a public agency involving development and administration of programs, budgets, and public services.
Public relations/information experience is highly desirable. SPECIAL REQUIREMENTS
Ability to learn, retain, and use technical terminology, equipment, and computer applications.
Ability to remain calm in difficult situations and maintain mental alertness and stamina to perform routine and specialized duties for long periods of time.
Education:
Possession of a Bachelor’s degree from an accredited college or university in public or business administration, or a closely related field.
License:
Possession of a valid California driver’s license.
The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice. Terms and conditions of employment are determined through a meet and confer process and are subject to the Memorandum of Understanding currently in effect. 02-26-18
OPERATIONS ANALYST DEFINITION Under general supervision, this position participates in the analysis of operational functions within an assigned department. The position also performs a variety of the most complex, technical, and specialized statistical record keeping work in connection with the development, maintenance, statistical records, and processing of City functions; to provide customer service; to perform general office support assignments; and to do related work as required. Serves as Disaster Service Worker. FLSA Status: Exempt. DISTINGUISHING CHARACTERISTICS The Operations Analyst is a professional level class in which the incumbent is expected to independently perform the full scope of administrative analysis for an assigned department. This is a higher level analyst position that also independently performs complex and advanced financial and statistical record keeping and accounting work. REPORTS TO Management or Department Head as assigned. CLASSIFICATIONS SUPERVISED As assigned. ESSENTIAL FUNCTIONS Depending on assignment, duties may include, but are not limited to, the following: researches, compiles, tabulates, and assembles data; conducts and completes complex surveys and studies; prepares technical staff reports and presentations; assists with the development and evaluation of existing and proposed programs; consults with and advises department staff; prepares and presents recommendations to department director; performs research and records retrieval; assists in compilation and preparation of reports and other materials as requested; works with assigned Department Head and managers to establish and implement departmental operational policies; assists in the development and implementation of City-wide goals, objectives, policies, and procedures; maintains records and files of the assigned department; performs administrative duties for projects and programs; coordinates activities with other staff members and other departments and/or agencies as needed; prepares and monitors contracts; assists management and administrators with various special projects as directed; provides an advanced level of professionalism in dealing with citizens and other private and public agencies and employees; and assists in preparation, analysis, and administration of budget as assigned.
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TYPICAL PHYSICAL REQUIREMENTS Sit for extended periods; frequently stand and walk; normal manual dexterity and eye-hand coordination; lift and move objects weighing up to 25 lbs.; corrected hearing and vision to normal range; verbal communication; use of office equipment including computer, telephone, calculator, copiers, and FAX. TYPICAL WORKING CONDITIONS Work is performed in an office environment; continuous contact with other staff and the public. MINIMUM QUALIFICATIONS Knowledge of:
Principles and practices of financial management and generally accepted accounting practices.
Principles and practices of computerized financial systems.
Practices, procedures, and policies of the City Finance Department.
Good public relations techniques.
Maintenance of files and information retrieval systems.
In-depth knowledge of assigned areas of the City’s financial record keeping system.
Modern office methods and procedures. Ability to:
Supervise effectively.
Plan, organize, and direct a variety of accounting functions.
Examine and verify financial documents and reports.
Operate a variety of office machines including ten-key calculator and computer equipment.
Interpret appropriate rules, regulations, and contracts.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Perform a variety of the more complex, technical financial and statistical record keeping work.
Effectively analyze specialized areas of the City’s financial record keeping system.
Follow oral and written directions.
Read and understand codes, statutes, and information related to financial and statistical record keeping work.
Gather and organize data and information.
Make mathematical calculations quickly and accurately.
Work with computerized financial information systems and use a computer for financial and statistical record keeping work.
OPERATIONS ANALYST Page 3
Deal tactfully and courteously with the public and other staff when explaining the functions and policies of the work area where assigned.
Establish and maintain cooperative working relationships. Training and Experience:
Six (6) years of increasingly responsible work experience in performing fiscal support work and accounting; or,
Four (4) years of increasingly responsible work experience as an Account Technician with the City of Atwater.
Two (2) years of supervisory experience. SPECIAL REQUIREMENTS
None. Education:
Graduation from an accredited college or university with a Bachelor’s degree in accounting, business administration, public administration, or closely related field. Education requirement may be substituted with equivalent years of experience.
License:
Possession of a valid California driver’s license.
The contents of this class specification shall not be construed to constitute any expressed or implied warranty or guarantee, nor shall it constitute a contract of employment. The City of Atwater assumes no responsibility beyond the general accuracy of the document, nor does it assume responsibility for any errors or omissions in the information contained herein. The contents of this specification may be modified or revoked without notice. Terms and conditions of employment are determined through a meet and confer process and are subject to the Memorandum of Understanding currently in effect. Rev. 06-28-10
SALARY SCHEDULE BY MONTHLY/ANNUAL/HOURLY RATES PER STEP
