HomeMy WebLinkAbout2025-01-14; City Council; Resolution 2025-001RESOLUTION 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
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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