HomeMy WebLinkAboutReso - CC - 015-2013RESOLUTION NO. 1 5-2 013
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPOINTING KATHLEEN KANE AS CITY ATTORNEY AND APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KATHLEEN
KANE TO SRERVE AS BURLINGAME CITY ATTORNEY
COMMENCING APRIL 1, 2013
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City Council has completed its recruitment and interviews to replace
retiring City Attorney Gus Guinan; and
WHEREAS, the City Council wishes to appoint Kathleen Kane who has been a lawyer for
more than twelve years, has been a municipal attorney in San Mateo County for several years and
most recently has been City Attorney of East Palo Alto; and
WHEREAS, Ms. Kane possesses the required qualifications and skills to be Burlingame's
City Attorney and Ms. Kane has accepted the appointment;
NOW, THEREFORE, IT IS DETERMINED AND ORDERED that:
1. The City Council hereby appoints Kathleen Kane as the City Attorney for the City of
Burlingame with the authority provided by law and by Chapter 3.05 of the Burlingame Municipal
Code, effective April 1, 2013.
2. The City Council approves and authorizes the Mayor to execute an agreement with
Kathleen Kane to serve as Burlingame City Attorney in the form attachednhereto as Exhibit "A".
Ann Ke(gVan, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was adopted at a regular meeting of the City Council held on the 4th day of
March, 2013, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Mary len Kearney, City Clrk
AGREEMENT BETWEEN THE CITY OF BURLINGAME
AND KATHLEEN KANE FOR EMPLOYMENT AS CITY ATTORNEY
OF THE CITY OF BURLINGAME
THIS AGREEMENT is entered into this � day of March 2013, by and between the
City of Burlingame, a Municipal Corporation existing under the laws of the State of California, herein
called the "City", and Kathleen Kane ("Ms. Kane").
RECITALS
A. The City is seeking a new City Attorney and desires to employ Ms. Kane in that position pursuant
to the terms and conditions of this Agreement and consistent with Chapter 3.05 of the Burlingame
Municipal Code.
B. Ms. Kane has the education and experience for the position of City Attorney and is willing and
able to assume the duties and responsibilities of that position pursuant to the terms and conditions
of this Agreement.
AGREEMENT
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Employment and Duties. Ms. Kane shall serve as City Attorney of the City and as an employee
of the City for all purposes as provided in Burlingame Municipal Code, Chapter 3.05, the
California Government Code, and other applicable ordinances, resolutions, and laws. Ms. Kane
shall also serve as Agency Attorney of the Burlingame Financing Authority. Ms. Kane shall
perform such further duties as the City may direct.
2. Time of Performance. Ms. Kane shall begin employment with the City no later than April 1,
2013.
3. Devotion to Duties. During such time as Ms. Kane is employed pursuant to this Agreement, Ms.
Kane shall not accept or undertake any employment which would interfere with, conflict with, or
be inconsistent with her duties and obligations under this Agreement or which would interfere
with, conflict with or be inconsistent with her duties under any State, Federal or City laws or
regulations.
4. Nonassi agn bility. The services to be performed under this Agreement are unique and personal to
Ms. Kane, and she is being employed solely because of her personal qualifications, qualities, and
character. No portion of these services shall be assigned or subcontracted in any way.
5. Monthly Compensation. Upon beginning employment with the City, City shall payMs. Kane a
salary of $14,791.67 per month. This compensation shall be paid on the same payment schedule
as City Department Heads, which is currently biweekly.
6. Deferred Compensation Contribution. City shall contribute the same amount per year to Ms.
Kane's 457 deferred compensation account as for the City Department Heads; however, the City's
contribution shall not be less than $97.50 per month.
Employment Benefits. Except as expressly amended by this Agreement, City shall provide Ms.
Kane with the same benefits, including retirement, holidays, medical, dental, long -tern disability,
vision, life insurance, professional development, umeimbursed health, and administrative leave
benefits, as provided in the Compensation and Benefit Plan for department Heads, attached hereto
as Exhibit "A". In the event that a subsequently negotiated Department Head Compensation and
Benefit Plan provides greater benefits than those in the attached Exhibit A, Ms. Kane shall be
extended those benefits as well.
8. Vacation Accrual. Upon commencement of her employment pursuant to this Agreement, Ms.
Kane shall accrue fifteen (15) vacation days per year. Additionally, upon commencement of her
employment, forty (40) hours of vacation shall be credited to Ms. Kane's vacation leave balance.
Except as provided in this paragraph, Ms. Kane's vacation leave shall be subject to the same rules
as for the City Department Heads.
9. Professional Memberships and Training. In addition to the benefits provided by the Professional
Development/Unreimbursed Health Account benefit should such benefits be reinstated, City shall
pay for Ms. Kane's membership in the California State Bar Association and in the San Mateo
County Bar Association. It is the intention of the parties that the City Attorney department
budget shall include Ms. Kane's attendance at professional training, and that Ms. Kane's
expenses in connection with those training sessions shall be paid for or reimbursed pursuant to
that budget and City policies governing travel and reimbursement.
10. Performance Review. At least once per year, the City Council shall meet with Ms. Kane and
review her performance. During this performance review, the City Council and Ms. Kane may
agree on performance objectives and priorities for the coming year for Ms. Kane. During or
subsequent to the performance review, the Council may also consider performance or market-
based compensation adjustments.
11. Termination of Agreement by Ms. Kane. Ms. Kane may terminate this Agreement at any time
upon giving at least sixty (60) days written notice to the City.
12. Termination of Agreement by City.
a. Pursuant to the Burlingame Municipal Code, the City may terminate this Agreement at any
time, with or without cause, pursuant to the provisions of the Burlingame Municipal Code.
b. Except as required by State or Federal law, no further payment to Ms. Kane shall be required
pursuant to this Agreement if the City terminates this Agreement for the following reasons:
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KANE-City Attomey Agreement-FINAL.doex
i. If Ms. Kane dies.
ii. If Ms. Kane is convicted of a felony or misdemeanor involving moral turpitude or
personal gain from public employment.
iii. If the City Council determines that Ms. Kane has violated City policy regarding sexual
harassment or drug or alcohol usage, or has violated State or Federal law with regard to
civil rights, and the City Council determines that termination from City employment is
the appropriate sanction.
iv. If the City Council determines that Ms. Kane has stolen public monies.
c. In the event that the City terminates this Agreement for a reason not stated in subparagraph
(b) above and Ms. Kane is still willing and able to perform her duties under this Agreement,
City shall pay to Ms. Kane upon termination of the Agreement an amount equal to six (6)
months of then -current monthly compensation, in addition to the payment of the accrued
benefits as provided to the City Department Heads upon resignation or termination.
13. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed
postage prepaid, and addressed to:
To City: City Clerk
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
To Ms. Kane: Ms. Kathleen Kane
501 Primrose Road
Burlingame, CA 94010
14. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall
operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver
of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach
of the same or any other provision of this Agreement.
15. Binding Effect. This Agreement was negotiated and drafted by both parties. This Agreement is
binding on the heirs and executors, administrators, and conservators of Ms. Kane.
16. Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed according to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior or Municipal Court of the County of San Mateo or Santa
Clara.
17. Non -Liability of Officials and Employees. No official or employee of the City shall be
personally liable for any default or liability under this Agreement except Ms. Kane.
18. No Rights in Third Parties. Nothing contained in this Agreement is intended to nor shall it be
construed to create any right of action of any kind in any third party.
19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is
effective unless made in writing and signed by the City and Ms. Kane.
20. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the
Agreement between the City and Ms. Kane. No terms, conditions, understandings or agreements
purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the
party to be bound, shall be binding on either party.
IN WITNESS WIIEREOF, the City and Ms. Kane have executed this Agreement as of the date indicated
on page one (1).
CITY OF BURLINGAME
Ann Keighran, M o
AT ST:
6 ary Ellen Barney, CiTy Clerk
City Attorney
KAT EN KANE
City Attorney (desi ate)
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KANE-City Attomey Agreement-FNAL.doex
ATTACHMENT A
COMPENSATION & BENEFIT PLAN
FOR
THE CITY OF BURLINGAME
DEPARTMENT HEAD &
UNREPRESENTED CLASSIFICATIONS
December 1, 2011
This Compensation and Benefit Plan covers the City of Burlingame (City) Department Head and
Unrepresented Group (DH/UR). The parties have entered into this agreement after meeting and
conferring in good faith and agree to the following terms:
1. RECOGNITION
1.1 Positions Covered
The positions covered by this agreement include all department head and unrepresented
classifications that work under the direction and at the will of the City Manager or are considered
"confidential" classifications based on the nature of their work. The classifications that are
covered by this compensation and benefit plan are as follows:
Department Head Classifications:
City Librarian
Community Development Director
Finance Director
Human Resources Director
Parks & Recreation Director
Police Chief
Public Works Director
Unrepresented Classifications:
City Clerk
Executive Assistant
Human Resources Assistant
Human Resources Specialist
The City Manager and City Attorney are not included as part of this agreement.
2. SALARY
2.1 Salary Adjustments
In order to maintain consistency with the other miscellaneous employee units, the Department
Head/Unrepresented group will receive a general increase equal to what BAMM receives:
3% increase effective November 21, 2011
■ 1% increase effective January 1, 2014
2.2 Deferred Compensation
The City will maintain a matching contribution to deferred compensation of $45 per pay period.
Deferred compensation is part of the total salary and will be included as such for future salary
market analysis.
3. BENEFITS
3.1.1 Health Plans
Contributions for medical will be based on enrollment levels and will be as follows:
No Plan - Any employee that demonstrates they have medical insurance through another source
will receive $200 per month in lieu of medical benefits. The $200 per month allowance may be
put in deferred compensation, section 125 plans or taken in cash. Any cash payout is subject to
normal taxation.
Department Head Classifications:
• Employee 0& -The City will contribute a maximum amount equal to 95% of the Blue
Shield HMO rate for employee only.
• Employee Plus One -The City will contribute a maximum amount equal to 95% of the Blue
Shield HMO rate for employee plus one.
• Employee Plus Two or more -The City will contribute a maximum amount equal to 95% of
the Kaiser Rate for employee plus two or more.
Unrepresented Classifications:
• Employee Only -The City will contribute an amount equal to the Blue Shield HMO rate for
employee only.
• Employee Plus One - The City will contribute an amount equal to the Blue Shield HMO rate
for employee plus one:
• Employee Plus Two or more - The City will contribute an amount equal to the Kaiser Rata'
for employee plus two or more.
An employee that enrolls in a medical plan that has a higher premium than the City's
contribution as stated above will pay the difference via pre-tax payroll deductions.
3.1.2 Effective January 1, 2014 for Department Head and Unrepresented Classifications
The City shall contribute the below -listed amount per month toward each employee's Section
125 Plan benefit allowance components. All contributions listed below include the PERS
required Minimum Employer Contribution (MEC).
• Employee Only: 95% of the selected medical plan premium up to a maximum of 95% of
the Blue Shield HMO rate for Employee only
• Employee1p us one: 92.5% of the selected medical plan premium up to a maximum of
92.5% of the Blue Shield HMO rate for Employee plus one
• Employee plus two or more: 90% of the selected medical plan premium up to a maximum
of 90% of the Blue Shield HMO rate for family coverage
An employee that enrolls in a medical plan that has a higher premium than the City's
contribution as stated above will pay the difference via pre-tax payroll deductions.
3.2 Retiree Medical
3.2.1
Employees hired prior to March 31, 2008 who retire prior to January 1, 2012 with a minimum of
five (5) years of service with the City will receive a retiree medical benefit equivalent to the
amount necessary for actual enrollment in single, two-party, or family coverage, up to a
maximum dollar amount of the Kaiser family premium rate.
3.2.2 Retiree Medical for Employees Hired Prior to 03/31/08 who Retire on or after 01/01/12
Employees hired prior to March 31, 2008 who retire on or after January 1, 2012 with a minimum
of five (5) years of service with the City will receive the following medical benefits upon
retirement from the City:
• For eligible retirees who are under the age of 65, the City contribution will be equivalent
to the premium for the Kaiser Bay Area Region Single, Two -Party, or Family coverage as
applicable.
For eligible retirees who are 65 years of age or older and enrolled in Medicare, the City
contribution will be equivalent to the Medicare premium for the average of Kaiser, Blue
Shield HMO and PERS Choice for the Bay Area Region Single, Two -Party, or Family
coverage as applicable.
3.2.3 Retiree Medical for Employees Hired Between March 31, 2008 and October 31, 2011
Employees hired between March 31, 2008 and October 31, 2011 who retire with a minimum of
five (5) years of service with the City will receive a retiree medical benefit based upon years of
service as follows:
Years of City Service
Monthly Contribution
0 to the end of 9th year of
Minimum monthly amount as governed by the CaI PERS Health
service
System.
10 years to the end of the
100% of the lowest medical premium provided through
14" year of service
Ca1PERS approved medical providers for employee only.
15 years to the end of the
75% of the lowest medical premium provided through Ca1PERS
19th year of service
approved medical providers for employee +1 dependent.
20 years of service or
100% of the lowest medical premium provided through
more
CaIPERS approved medical providers for employee +1
dependent.
3.2.4 Retiree Medical for Employees Hired On or After November 1, 2011
Employees hired on or after November 1, 2011 will receive the following contributions to a
Retirement Health Savings Account, based on years of service with the City,
Years of Service
Monthly Contribution
0- to the end of the 5th year of
service
0.0%
6 years of service to the end of
the 19a' year of service
2.0%
20 years of service or more
2.5%
11
3.3 Dental and Vision PIans
Employees will receive up to $1700 of reimbursable dental expenses per year. Dependents will
receive a cumulative amount of $1800 of reimbursable dental expenses per year. Employees will
receive reimbursement for vision care expenses through the City's vision care reimbursement
program.
In the event the BAMM and/or the American Federation of State, County and Municipal
Employees (AFSCME) units receive higher benefit levels than those offered to the members
covered by this compensation and benefit plan, the members can request that the compensation
and benefit plan be reopened relative to dental and vision benefits.
3.4 Lone Term Disability (LTD)
The City agrees to provide Long -Term Disability (LTD) coverage to department heads and
unrepresented classifications. Such coverage will be 60% of covered earnings with a maximum
monthly benefit of $8,000. If the Police Chief elects to obtain LTD coverage through their
respective professional organizations, the City agrees to pay the premium of such LTD coverage.
3.5 Life Insurance
The City agrees to provide a term life -insurance policy in an amount equal to annual salary for
the Department Head group, and $100,000 for the Unrepresented group.
4. RETIREMENT
4.1 Retirement Formula
• Effective 05/26/47, the City amended its contract with CalPERS to provide for the 2% @ 55
retirement formula for miscellaneous employees.
• Effective 03/31/2008, the City will amend its contract with CalPERS to provide for the 2.5%
at 55 retirement formula for all miscellaneous employees.
• Effective as soon as possible after ratification of agreements with all miscellaneous employee
groups, the City will implement the 2% at 60 CalPERS retirement formula with three year
average compensation for new hires.
4.1.1 Retirement Contribution
• Effective the first pay period in March 2012, employees will contribute 1.25% of the
employer's contribution to PERS retirement.
• Effective the first pay period in January 2014, employees will contribute an additional
0.25%, for a total of 1.50% of the employer's contribution to PERS retirement.
4.2 One -Year Final Compensation
• Effective 01/01/02, the City amended its contract with CalPERS to provide for the One -Year
Final Compensation Benefit (GC Section 20042)
4.3 Sick Leave for Service Credit
Effective 01/01/02, the City amended its contract with CalPERS to provide for the service credit
for accrued sick leave at time of retirement (GC Section 20965).
4.4 Military Buy Back for Creditable Service
• Effective 01/01/02, the City amended its contract with Ca1PERS to provide for Military
Service Credit (GC 21024).
4.5 -Pre-Retirement Optional Settlement 2 Death Benefit
• Effective 04/30/07, the City amended its contract with Ca1PERS to provide the Pre -
Retirement Optional Settlement 2 Death Benefit (GC 21548). This contract option provides
for the surviving spouse of a retirement -eligible active employee to receive the highest
possible retirement benefit as though the employee had retired the day before death and
selected such option.
5. VACATION
5.1 Vacation Accrual
Vacation Accrual rates will change on an employee's anniversary date as follows:
Note: The maximum vacation accrual for the Police Chief is 448 hours.
5.2 Vacation Accrual Maximum
An employee shall not be allowed to have an accumulation of more than two (2) years` credit at any
time. .
6. SICK LEAVE
6.1 Sick Leave Accrual
Employees will accrue 3.69 hours of sick leave per pay period.
6.2 Sick Leave Conversion
Upon retirement, employees will have all sick leave hours converted to CalPERS credible
service per GC Section 20965.
0
Biweekly Additive
Maximum
Leneth of Service
Accrual Rate Amount
Accrual
0-4 years
3.07
160
5
4.62 +40
240
11
4.93 +8
256
12
5.24 +8
272
13
5.54 +8
288
14
5.85 +8
304
15
6.16 +8
320
16
6.47 +8
336
1.7
6.78 +8
352
18
7.09 +8
368
25
7.39 +8
384
Note: The maximum vacation accrual for the Police Chief is 448 hours.
5.2 Vacation Accrual Maximum
An employee shall not be allowed to have an accumulation of more than two (2) years` credit at any
time. .
6. SICK LEAVE
6.1 Sick Leave Accrual
Employees will accrue 3.69 hours of sick leave per pay period.
6.2 Sick Leave Conversion
Upon retirement, employees will have all sick leave hours converted to CalPERS credible
service per GC Section 20965.
0
6.3 Maximum Accrual
The maximum sick leave accrual is 2,000 hours, except that the maximum accrual for the Police
Chief is 2,080 hours.
7. ADMINISTRATIVE LEAVE
7.1. Department Head Classifications
Effective July 1 of each year, all Department Head classifications shall be granted 80 hours of
administrative leave per year. A maximum of 80 hours of administrative leave can be paid out in
a fiscal year. The payout can occur in the first pay period of December and/or the last pay period
of June. An employee shall not be allowed to have an accumulation of more than two (2) times
the annual accrual. Administrative leave will be paid out upon separation of service with the
City of Burlingame, prorated based upon the effective date of separation.
7.2. Unrepresented Classifications
Effective July 1 of each year, Unrepresented Classifications shall receive administrative leave as
follows:
• Human Resources Specialist shall be granted 60 hours of administrative leave per year.
• City Clerk shall be granted 80 hours of administrative leave per year.
• Other unrepresented classifications covered by the compensation and benefit plan are
considered FLSA non-exempt positions and are not eligible for administrative leave.
A maximum 1 -year allotment of administrative leave can be paid out in a fiscal year. The payout
can occur in the fust pay period of December and/or the last pay period of June. An employee
shall not be allowed to have an accumulation of more than two (2) times the annual accrual.
Administrative leave will be paid out upon separation of service with the City of Burlingame,
prorated based upon the effective date of separation.
8. 'PROFESSIONAL DEVELOPMENT & ALLOWANCES
8.1. Professional Development
Department Head Classifications are eligible to receive up to $2,500 per fiscal year for
professional development and unreimbursed healthcare costs. This includes reimbursement for
such things as: civic and professional association memberships, unbudgeted conference
participation — including travel expenses, health programs, and job-related computer equipment.
The Professional Development Expense Reimbursement program is suspended for the duration
of this agreement.
8.2 Auto Allowance
Department Head and Unrepresented Classifications are eligible to receive auto allowance as
enumerated below. Department Heads can elect to waive their monthly auto allowance and defer
an equivalent amount into their Section 457 — Deferred Compensation Account. Such elections
can be changed annually with an effective date of January 1.
Classification
Finance Director
City Clerk
Community Development Director
Human Resources Director
City Librarian
Parks & Recreation Director
Public Works Director
Monthly Amount
$200
$200
$200
$200
$200
$350
$350
8.3. Uniform Allowance
The Police Chief will receive an annual uniform allowance the same as granted to the
Association of Police Administrators.
9. 'PERM
This agreement shall be effective on December 1, 2011 and will remain in effect through
December 31, 2014.
The City agrees not to alter, amend, or reduce any existing benefit included in this document
without meeting and conferring regarding such change.
For the City:
For the DIVUR: