HomeMy WebLinkAbout2012-03-27; City Council; 20848; Approval of Amendments to the City Manager and City Attorney Employment AgreementsCITY OF CARLSBAD - AGENDA BILL
AB# 20,848 APPROVAL OF AMENDMENTS TO THE
CITY MANAGER AND CITY ATTORNEY
EMPLOYMENT AGREEMENTS
DEPT. HEAD ^
MTG. 3127 IM
APPROVAL OF AMENDMENTS TO THE
CITY MANAGER AND CITY ATTORNEY
EMPLOYMENT AGREEMENTS
CITY ATTY.
DEPT. Mayor
APPROVAL OF AMENDMENTS TO THE
CITY MANAGER AND CITY ATTORNEY
EMPLOYMENT AGREEMENTS CITY MGR.
RECOMMENDED ACTION:
4dopt Resolufion No. 2012-072 approving adjustments and adding required statutory language
to City Manager and City Attorney employment agreements.
ITEM EXPLANATION:
On October 9, 2011, the Governor signed AB 1344 which became effective on January 1, 2012 (2011
Stats Chap. 692). Among other things, that Assembly Bill amended Government Code secfions 53243
et seq. requiring contracts between the City Council and the City Manager and City Attorney to provide
for repayment of any salary to the City if convicted of a crime involving an abuse of office. In addition,
the Assembly Bill limits any contract with automafic increases to no greater than the annual increase in
the Califomia Consumer Price Index for Urban Wage Earners and Clerical Workers as calculated by the
Department of Industrial Relafions.
Those provisions have been added to the respective contracts and the sections have been updated to
reflect current salary levels based upon a survey of other agencies in San Diego County. This acfion will
also adjust the City attorney's compensation based on a salary survey of the salaries paid to other city
attorneys in San Diego County.
FISCAL IMPACT:
There is no current fiscal impact as a result of changes to the City Manager employment agreement.
Future impacts would be to limit the amount that the salary can increase in any one year to no greater
than the increase in the consumer price index.
The City Attorney's contract has not been increased since January 2008. The cost of the increase to the
City Attorney contract is $8346 for fiscal year 2011-12 and no addifional funds are required. The impact
for fiscal year 2012-13 will be included as part ofthe annual budget adopfion process for fiscal year
2012-13.
ENVIRONMENTAL IMPACT:
This amendment is statutorily exempt from CEQA pursuant to Public Resources Code Section
21080(b)(1).
DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891 rball(S)ci.carisbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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•
•
•
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER-SEE MINUTES •
Page 2
EXHIBITS:
1. Resolufion No. 2012-072 amending the employment agreements of the City Manager and the
City Attorney
2. Amendment No. 2 to the Employment Agreement with the City Manager
3. Amendment No. 7 to the Letter of Understanding with the City Attorney
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1 RESOLUTION NO. 2012-072
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE
3 EMPLOYMENT AGREEMENTS OF THE CITY MANAGER
AND THE CITY ATTORNEY
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WHEREAS, the City Council determines based on the Employment Agreement
with the City Manager dated July 1, 2008 and subsequently amended, and the Letter of
Understanding with the City Attorney dated November 21, 1996 and subsequently
amended, that it is necessary and appropriate to amend the contracts of the City
10 Manager and the City Attorney.
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
12 Carlsbad, California, as follows:
1^ 1. That the above recitations are true and correct.
2. That the employment agreement with the City Manager shall be amended
as set forth in Exhibit 2.
3. That the employment agreement with the City Attorney shall be amended
as set forth in Exhibit 3.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meefing of the City Council
2 of the City of Carisbad on the 27th day of March 2012, by the following vote to wit:
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AYES: Council Members Hall, Kulchin, Blackburn, Packard.
NOES: Council Member Douglas.
ABSENT: None.
TRRAINE M. WOOD, City Clerk
(SEAL)
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Exiiibit 2
AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT
WITH THE CITY MANAGER
This Amendment is entered into and effective as of January 1, 2012, amending the
Employment Agreement dated July 1, 2008, as amended on October 22, 2009 by and between
the City Council of the City of Carlsbad, (hereinafter "Council") and Lisa Hildabrand, City
Manager (hereinafter "City Manager") as follows:
RECITALS
WHEREAS, the inifial agreement dated July 1, 2008 identified with particularity the
Employment Agreement between the Council and the City Manager; and
WHEREAS, the parties to this Agreement desire to amend its provisions pertaining to
compensation and to include those provisions now statutorily required; and
WHEREAS, those sections are amended to read as shown on Attachment "A" to this
amendment.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, the City Council and the City Manager agree as follows:
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Exhibit 2
ATTACHMENT"A"
TO THE EMPLOYMENT AGREEMENT BETWEEN
THE CITY COUNCIL AND THE CITY MANAGER
SECTION I - DUTIES
The City Council hereby agrees to continue the employment of Lisa Hildabrand as City
Manager and to exercise the powers, dufies and responsibilities set forth in Carisbad
Municipal Code Chapter 2.12 and applicable state law and such other applicable
ordinances and resolutions now in effect or hereafter adopted by the City Council. The
City Manager shall comply with the provisions of Article 2.6 entitled "Abuse of Office",
Government Code section 53243 et seq.
SECTION III - SALARIES
The annual base salary of the City Manager shall be $230,492. This includes the
compensation for the additional positions of Executive Director of the Redevelopment
Commission and Executive Manager of the Carisbad Municipal Water District.
Beginning on January 1, 2011, the total cash compensafion ofthe City Manager shall be
determined by formula and established at $100 below the second highest paid city
manager in San Diego County with the exclusion of the City of San Diego but in no event
shall the total cash compensation be set lower than the previous year. Any increase in
compensation shall be further limited to no more than the annual increase in the
California Consumer Price Index for Urban Wage Earners and Clerical Workers as
calculated by the Department of Industrial Relations. In the event that economic
considerations indicate that no salary increases for employees are appropriate, the City
Manager shall not receive a future salary adjustment until such time as employees are
receiving salary or benefit adjustments.
Exhibit 3
AMENDMENT NO. 7 TO THE LETTER OF UNDERSTANDING
WITH THE CITY ATTORNEY
This Amendment is entered into and effective as of January 1, 2012, amending the Letter of
Understanding dated November 21, 1996 and as amended on October 22, 2009 by and
between the City Council ofthe City of Carisbad (hereinafter "Council") and Ronald R. Ball, City
Attorney (hereinafter "City Attorney") as follows:
RECITALS
WHEREAS, the inifial Agreement, dated November 21, 1996 identified with particularity
the Employment Agreement between Council and City Attorney; and
WHEREAS, the parties to this Agreement desire to amend its provisions pertaining to
compensation and to include those provisions now statutorily required; and
WHEREAS, those sections are amended to read as shown on Attachment "A" to this
amendment.
NOW, THEREFORE, in consideration of these recitals and mutual covenants contained
herein, the City Council and the City Attorney agree as follows:
1. That the Letter of Understanding dated November 21, 1996 approved by the City
Council Resolufion No. 96-395 and amended by Resolufion No. 99-279 dated
August 10 1999, Resolufion No. 200-319 dated October 17, 2000, Resolution No.
2001-83 dated March 13, 2001, Resolufion No. 2002-148 dated May 21, 2002,
Resolufion No. 2002-246 dated August 13, 2002 and Resolufion No. 2009-259 dated
October 22, 2009 is further amended as shown on Attachment A.
2. Except for this amendment, all other terms and condifions of said Letter of
Understanding remain unchanged and in full force and effect.
Exhibit 3
"City"
CITY OF CARLSBAD
A Municipal Corporation
By:
Ms^or
"City Attorney"
RONALD R. BALL
Signature yajs/;^.
ATTEST:
City Clerk
APPROVED AS TO FORM
City Attorney
't, * ,o
Exhibit 3
ATTACHMENT"A"
TO AGREEMENT LETTER OF UNDERSTANDING BETWEEN
THE CITY COUNCIL AND THE CITY ATTORNEY
SECTION I - DUTIES
The City Council hereby agrees to continue the employment of Ronald R. Ball as City Attorney
and to exercise the powers, duties and responsibilifies set forth in Carisbad Municipal Code
Chapter 2.14 and applicable state law and such other applicable ordinances and resolufions
now in effect or hereafter adopted by the City Council. The City Attorney shall comply with the
provisions of Article 2.6 entitled "Abuse of Office" in Government Code section 53243 et seq.
SECTION IV - SALARY
The annual base salary of the City Attorney shall be $252,992 as of January 1, 2012. This
includes the compensation for the additional positions of General Counsel for the Housing and
Redevelopment Commission and General Counsel of the Carisbad Municipal Water District.
The base compensation of the City Attorney shall be established at no less than 95% of the City
Manager's base compensation by adjustments effective January 1^* of each year or by such
other addifional amounts as determined by a resolufion of the City Council. Any increase in
compensafion shall be further limited to no more than the annual increase in the California
Consumer Price Index for Urban Wage Earners and Clerical Workers as calculated by the
Department of Industrial Relafions.
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K'S^ CITY OF
^CARLSBAD
Memorandum
rylarch 27,2012
Date:_
Distribution:
City Clerk
Asst. City Clerk
Deputy Clerk
Book
To:
From:
Re:
To the members of the:
ITY COUNCIL ^ / ACMUACM:^CA xcc^
Date^Sp>Clty Manager j^Zl
Cynthia Haas, Deputy City Manager 1 ^
Julie Clark, Human Resources Director -^v^—
History of Salary increases and Employee Retirement Contributions for All
Employee Groups - 2008 to present
The chart below summarizes the salary Increases and employee contributions to retirement that have
been negotiated with each of the City's employee groups since 2008. This informafion reflects any
salary Increases given and the total percentage of the employee share of retirement (EE PERS) paid by
the employee during each calendar year.
EiTipioyee Group 2008 2009 2010 2011 2012
POLICE 5%
EE PERS = 1%
5%
EE PERS=1%
2%
EE PERS = 5%
2%
EE PERS = 9%
0%*
EE PERS = 9%
FIRE 3%
EE PERS = 1%
3,4%
EE PERS = 1%
0%
EE PERS = 9%
0%
EE PERS = 9%
4%
EE PERS = 9%
GENERAL (CCEA) 3.2%
EE PERS = 1%
3.2%
EE PERS=1%
3.2%
EE PERS = 1%
0%
EE PERS = 4.5%
0%
EE PERS = 8%
MANAGEMENT
Base Pay (Average)
Incentive Pay
2%
5%
EE PERS = 1%
0%
0%
EE PERS = 1%
0%
0%
EE PERS = 1%
3%
0%
EE PERS =4.5%
POUCE MGMT. (CPMA)
Base Pay (Average)
Incentive Pay
2.4%
5.0%
EE PERS = 1%
0%
0%
EE PERS = 1%
0%
0%
EE PERS = 1%
3%
0%
EE PERS = 5.5%
cmr MANAGER N/A**
EE PERS=1% EE PERS = 1%
6%
EE PERS = 4.5%
CITY ATTORNEY 2%
EE PERS = 1% EE PERS = 1% EE PERS = 1% EE PERS = 4.5%
7%
(proposed)
Notes: * Police employees r«ceived increase In education incentive in January 2012 that approximated 2% of salary
** City Manager was appointed to current position in 2008
Please let me know If you have any questions regarding this Information.
Human Resources
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2440 I 760-602-8554 fax I www.carisbadca.gov
John Coates
Subject: FW: Additional media interest in salary information
Attachments: Salary hlstory.pdf
To the members of the;
^CITY COUNCIL /
ACM^CM±ijCA±Z.CC-i;^
DateJ[^^City Manager
From: Kristina Ray
Sent: Friday, March 23, 2012 12:11 PM
To: John Coates
Cc: Julie Clark
Subject: Additional media Interest in salary information
As a follow up to my email a couple of days ago, our UT reporter had some additional questions about the city
manager's raise and next week's agenda item regarding changes to the city manager and city attorney contracts.
The reporter also contacted Pam Drew, the head ofthe CCEA, for a comment.
Given the recent coverage of raises in Escondido, I expect we could get additional questions from the media and our
employees. Here are the points I shared with the UT reporter (including the attached summary)
Different city employee groups have gone without salary increases at different times during the past several years (I
provided the chart attached). First managers went without an increase for two years (2009 and 2010). CCEA received
increases during this time based on their existing contract. After the CCEA contract expired in 2010, they received no
increase in 2011. Managers received a 3 percent raise in 2011.
The city manager's contract includes a provision for an annual increase based on an agreed upon formula. The City
Council approved the contract, and does not, under the contract, need to approve each year's increase. Since being
appointed in 2008, the city manager has been eligible to receive an increase each year, but she declined to take an
increase until December 2011. She could have taken this increase (6 percent) in January 2011 but instead took it during
the same pay period that other managers received an increase.
Under the city attorney's contract, the City Council must approve an increase in salary. Next week's agenda includes an
increase of approximately 7 percent.
Next week's agenda item also includes two new provisions in the city manager and city attorney contracts required by
state law. One requires repayment of any salary to the city if convicted of a crime involving an abuse of office. The
other limits any contract with automatic increases to no greater than the annual increase in the CPI.
I expect the UT story could come out online as soon as Friday end of day.
^^'••
^ C I TV OJ
CARLSBAD
Kristina Ray
Date: 3/433//a^
DMributkNi:
City Clerk
Asst. City Clerk
OsputyClsrk
Book
History of Salary Increases - all groups
2008 to present
Employee Group 2008 2009 2010 2011 2012
GENERAL (CCEA) 3.2% 3.2% 3.2% 0% 0%
MANAGEIVIENT
Base Pay (Average)
Incentive Pay
2%
5%
0%
0%
0%
0%
3%
0%
POLICE MGMT. (CPMA)
Base Pay (Average)
Incentive Pay
2.4%
5%
0%
0%
0%
0%
3%
0%
CITY MANAGER N/A* --6%
•. li^. i
-a^ -».>
•J7 Jr - ' -•
CITY ATTORNEY 2% ---•m ' •
(propiecl) ,
City Manager was appointed to current position in 2008.