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Home My WebLink About2025-01-14; City Council; 02; City Attorney Employment AgreementMeeting Date: Jan. 14, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Judy Von Kalinowski, Human Resources Director judy.von.kawlinowski@carlsbadca.gov, 442-339-2438 Subject: City Attorney Employment Agreement Districts: All Recommended Action Adopt a resolution approving the amended and restated City Attorney Employment Agreement with Cindie K. McMahon and corresponding amendments to the Appointed Officials Salary Range Schedule Executive Summary The City Council is being asked to approve amendments to the city’s employment agreement with the City Attorney and corresponding amendments to the Appointed Officials Salary Range Schedule. Explanation & Analysis Background •July 26, 2022 – The City Council approved an employment agreement with the City Attorney, effective Aug. 2, 2022, with a base salary of $280,000. •Oct. 10, 2023 – The City Attorney’s employment agreement was amended and restated; the City Council increased the City Attorney’s annual base salary from $280,000 to $290,080, effective July 1, 2023. New terms of employment The City Council conducted a performance evaluation of the City Attorney in October and November 2024. The City Council held a closed session meeting on Dec. 3, 2024, to negotiate the City Attorney’s terms of employment. The City Attorney agreed to the new terms of their employment, which will include the following: •A 2.5% annual salary increase to $297,332 Fiscal Analysis The annual cost of the changes in the terms of the City Attorney’s employment is $8,300. The fiscal year 2024-25 impact of $8,300 will be funded by the existing General Fund budget. Jan. 14, 2025 Item #2 Page 1 of 13 CA Review JRT Next Steps Staff will obtain the necessary signatures to finalize the agreement. The amended Appointed Officials Salary Range Schedule will be posted on the city’s website. Environmental Evaluation The recommended action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution Jan. 14, 2025 Item #2 Page 2 of 13 RESOLUTION NO. 2025-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AMENDED AND RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT WITH CINDIE K. MCMAHON AND CORRESPONDING AMENDMENTS TO THE APPOINTED OFFICIALS SALARY RANGE SCHEDULE WHEREAS, the City Council of the City of Carlsbad, California desires to approve the amended and restated City Attorney Employment Agreement with Cindie K. McMahon (Attachment A); and WHEREAS, the amended and restated City Attorney Employment Agreement adjusts the City Attorney's annual base pay by 2.5% to $297,332; and WHEREAS, the City Council desires to amend the Appointed Officials Salary Range Schedule to indicate the City Attorney's revised maximum annual salary of $297,332. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the amended and restated City Attorney Employment Agreement with Cindie K. McMahon in Attachment A is approved. 3. That the Mayor of the City of Carlsbad is authorized to execute the amended and restated City Attorney Employment Agreement with Cindie K. McMahon on behalf of the City of Carlsbad. 4. That the amended Appointed Officials Salary Range Schedule in Attachment B is approved. 5. That the fiscal year 2024-2025 impact of $8,300 will be funded by the existing General Fund budget. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of January 2025, by the following vote, to wit: AYES: NAYS : ABSTAIN : ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, SHIN. BURKHOLDER. NONE. NONE. KEITH BLACKBURN, Mayor ~Jvt?tl~ ~ SHERRY FREISINGER, City Clerk 0"' (SEAL) CITY OF CARLSBAD AMENDED AND RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT This Amended and Restated City Attorney Employment Agreement ("Agreement") is entered into as of the date this Agreement is approved by the City Council for the City of Carlsbad, by and between the City of Carlsbad, California, a municipal corporation ("City"}, and Cindie K. McMahon, an individual ("City Attorney"). City and City Attorney are sometimes individually referred to as a "Party" and collectively as the "Parties." RECITALS WHEREAS, Chapter 2.14 of the Carlsbad Municipal Code provides for the Office of the City Attorney who shall be appointed and retained by the City Council wholly on the basis of her legal ability and experience, particularly in the municipal law field, and shall hold that office for and during the pleasure of the City Council; and WHEREAS, on July 26, 2022, the City Council adopted Resolution No. 2022-193, establishing an employment agreement with Cindie I<. McMahon as City Attorney, effective August 2, 2022; and WHEREAS, on August 29, 2023, the City Council conducted a performance review of Cindie K. McMahon and on September 12, 2023, the City Council authorized amendments to her employment agreement; and WHEREAS, on October 10, 2023, the City Council adopted Resolution No. 2023-256, amending and restating the employment agreement with Cindie K. McMahon as City Attorney and making corresponding amendments to the Appointed Officials Salary Schedule, effective July 1, 2023; and WHEREAS, in October and November 2024, the City Council conducted a performance review of Cindie I<. McMahon and, on December 3, 2024, the City Council authorized amendments to her employment agreement and corresponding amendments to the Appointed Officials Salary Schedule, effective July 1, 2024; and WHEREAS, it is the desire of the Parties to act as a deterrent against malfeasance or dishonesty for personal gain on the City Attorney's part and to provide for terminating her services at such time as she may be unable to fully discharge her duties or when the City Council may otherwise desire to terminate her employment; and WHEREAS, it is the desire of the Parties to enter into this Agreement on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 60135.00063\43016832.1 Attachment A Jan. 14, 2025 Item #2 Page 5 of 13 Jan. 14, 2025 Item #2 Page 6 of 13 Jan. 14, 2025 Item #2 Page 7 of 13 Jan. 14, 2025 Item #2 Page 8 of 13 Jan. 14, 2025 Item #2 Page 9 of 13 Jan. 14, 2025 Item #2 Page 10 of 13 Jan. 14, 2025 Item #2 Page 11 of 13 SECTION XII -NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows or as such address may be changed from time to time upon written notice to the other: CITY City of Carlsbad Mayor City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 CITY ATTORNEY Cindie K. McMahon City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 IN WITNESS WHEREOF, the City and the City Attorney have caused this Agreement to be executed on J!/!!!. day of 0 Qn~iJ..025 [YEAR]. CITY OF CARLSBAD CITY ATTORNEY :YMunicii ~ By ~IC.~ Keith Blackburn Mayor ATTEST: By:~ Wwlh~-; Sherry Freisinger ~ityClerk 60135.00063\43016832. l Cindie K. McMahon APPROVED AS TO FORM: ~ By ,a J-..---a Alison D. Alpert -8 - Partner, Best Best & Krieger LLP Special Counsel Appointed Officials Salary Range Schedule Annual Salary Min Max Effective December 19, 2024 City Manager --- 293,135.00 Effective July 1, 2024 City Attorney --- 297,332.00 Jan. 14, 2025 Item #2 Page 13 of 13 Attachment B