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HomeMy WebLinkAbout2013-11-19; City Council; 21439; Legal Counsel Appointment of Interim City ManagerCITY OF CARLSBAD - AGENDA BILL 1 AB# 21.439 DEPT.DIRECrOR MTG. 11/19/13 APPOINTING AN INTERIM CITY MANAGER CITY ATTY. DEPT. MAYOR APPOINTING AN INTERIM CITY MANAGER CITY MGR. RECOMMENDED ACTION: 2013-274 Adopt Resolution No. appointing Kevin Crawford as the interim City Manager. ITEM EXPLANATION: The City Manager announced his resignation and is unavailable to serve as City Manager. It is recommended that Fire Chief Kevin Crawford be appointed Interim City Manager until a successor City Manager is qualified and appointed. FISCAL IMPACT: The fiscal impact for this action is estimated to be $28,395 annually. The salary for the interim City Manager represents a fifteen percent (15%) increase to the incumbent's current annual compensation. There are sufficient funds available in the City Council contingency to cover this expense. ENVIRONMENTAL IMPACT: The proposed action does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonably foreseeable indirect physical change in the environment. EXHIBITS: 1. Resolution No. 2013-274 2. Interim City Manager Agreement DEPARTMENT CONTACT: Mayor Matt Hall 760/434-2830 fOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • 1 RESOLUTION NO. 2013-274 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ^ CALIFORNIA, APPOINTING AN INTERIM CITY MANAGER 4 5 WHEREAS, the City Manager announced his resignation and is unavailable to serve as ^ City Manager; and y WHEREAS, Fire Chief Kevin Crawford has the skills, knowledge and ability to serve as the g interim City Manager until a successor City Manager is qualified and appointed. 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 Kevin Crawford is appointed interim City Manager until a successor City Manager is qualified and appointed. 3. That Exhibit 2 is the employment agreement for Kevin Crawford's appointment as Interim City Manager and that Mayor Matt Hall is authorized to sign the agreement on behalf of the City Council. 4. That the Administrative Services Director is authorized to transfer $28,395 from the City Council contingency account to cover this expense. // // // // // // 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 19*^ day of November, 2013, by the following vote to wit: AYES: NOES: Council Members Hali, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESONf City Clerk st-y..-'....•••>-<» V. AGREEMENT FOR INTERIM CITY MANAGER FOR THE CITY OF CARLSBAD, INTERIM GENERAL MANAGER FOR THE CARLSBAD MUNICIPAL WATER DISTRICT AND INTERIM EXECUTIVE DIRECTOR FORTHE CARLSBAD PUBLIC FINANCING AUTHORITY This Agreement is effective as of November 1, 2013 but is made and entered into on 2Oth of November , 2013, in Carlsbad, California, by and between the City of Carlsbad, Carlsbad Municipal Water District, Carlsbad Public Financing Authority (collectively "City"), and Kevin Crawford ("Crawford") (collectively "Parties"). RECITALS The City is organized underthe Constitution and laws ofthe State of California as Council-Manager, charter city; and The general powers and duties ofthe City Manager are generally established by Chapter 2.12 ofthe Carlsbad Municipal Code and by other provisions ofthe City's municipal code, other ordinances, resolutions, polices ofthe Council, and state law; and The day-to-day management ofthe City is provided by a city manager; and Crawford has served as City's Fire Chief from June 2002 through close of business on October 31, 2013; and On October 31, 2013, after the close of business, the City named Crawford as City's "Acting City Manager"; and On November 5, 2013, City named Crawford as Interim City Manager until such time a new city manager has been selected and hired because of Crawford's unique knowledge and experience working in and with the City Council, City staff, on-going City projects, and the Community; and The Parties desire, through this Agreement, to determine certain matters relating to the terms and conditions of the employment of Crawford as the Interim City Manager for City; and The City Manager ofthe City also serves as the General Manager ofthe Carlsbad Municipal Water District ("CMWD") and Executive Director of the Carlsbad Public Financing Authority ("CPFA"). The City Council has authorized the City Manager to provide those management services as part ofthe duties ofthe City Manager. AGREEMENT The above recitals are incorporated herein and in consideration of the faithful performance of the provisions and covenants set forth herein, the City and Crawford interim City Manager Employment Agreement 1 agree as follows: A. Duration of Appointment. The intent ofthis Agreement is to provide for the interim appointment of Crawford to the City Manager position pending selection or appointment of a permanent City Manager at a later date. Crawford's appointment as the Interim City Manager is effective November 1, 2013. It is agreed by and between the Parties that Crawford shall hold the appointive office of Interim City Manager at and during the pleasure ofthe City Council. B. Provisions Regarding Compensation. 1. Compensation during Interim Appointment: a. Crawford shall continue to receive his salary of $189,300 ("Base Salary"), which represents his annual salary as Fire Chief on October 31, 2013. Effective November 1, 2013, Crawford will receive an additional fifteen percent (15%) of his Base Salary ($28,395 annualized) as compensation for serving as Interim City Manager, for a combined annual salary of ($217,695). The salary will be paid in increments as established from time to time for City employees and is subject to the same mandatory deductions applicable to all other CalPERS miscellaneous (not safety) class City employees. Crawford shall perform the duties of General Manager for Carlsbad Municipal Water District and Executive Director for Carlsbad Public Financing Authority as a part of the regular duties of his office and shall receive no additional or supplemental compensation from City or from any other entity for the provision of such services. b. Crawford shall receive vacation, sick leave, executive leave, short term disability, long term disability, retirement and health and dental benefits determined in the same manner as for executive/department head management employees according to the City's management compensation plan as may be established from time-to-time by the City Council. Crawford shall receive paid holidays and executive leave in the same manner as other management employees. c. Effective November 1, 2013, Crawford shall be classified as a local miscellaneous member for purposes of CalPERS retirement for the period in which Crawford serves as Interim City Manager. The applicable defined benefit formula is 2% at age 60 with a three (3) year averaging of his highest pensionable compensation. d. The City shall provide Crawford with a vehicle in lieu of a vehicle allowance. If not assigned a City vehicle, the City shall pay Crawford a monthly vehicle allowance equivalent to $350 per month. All costs of operation of the vehicle for Crawford, including but not limited to, fuel, maintenance, and insurance, shall be borne by Crawford. interim City Manager Employment Agreement 2 2. Reinstatement to Prior Position as Carlsbad Fire Chief. a. Crawford will be granted the right to be reinstated to his former position as Fire Chief upon selection and appointment of a permanent City Manager, or termination from the position of Interim City Manager, unless the termination is for cause. Reinstatement would be effective on the date of appointment of a new City Manager or the date of his termination from the position of Interim City Manager, unless that termination is for cause. In the event of a termination for cause, Crawford knowingly and intellectually agrees that he shall not be afforded any rights that he may have been entitled to under the Firefighters Procedural Bill of Rights Act (Gov. Code § § 3250, et seq.) had his termination occurred while holding the position of Fire Chief. b. Upon Crawford's reinstatement to the position of Fire Chief, Crawford will be reinstated to the safety member classification for purposes of CalPERS retirement. The applicable defined benefit formula will be 3% at age 50; single highest year safety salary. C. Performance. Crawford agrees to perform the duties ofthe office of City Manager in a good and professional manner as his full-time employment. Crawford shall function as the Interim City Manager of City and shall be vested with the powers, duties, and responsibilities set forth in the Carlsbad Municipal Code, the terms of which are incorporated by reference herein. In addition, Crawford shall perform other such duties as may be assigned by the City Council, and which are consistent with the position of Interim City Manager, without any additional compensation. Crawford agrees that during his employment as Interim City Manager he will not engage in any other employment in conflict with his employment with the City of Carlsbad. D. Performance Evaluation. 1. The annual establishment of goals, objectives, and priorities for work programs, in conjunction with the City Council, necessary forthe proper operation ofthe City. The evaluation should be obtainable within the time limits and budget appropriations approved by Council. 2. Annual evaluation based on meeting mutual objectives and performance criteria established jointly by the Interim City Manager and City Council. 3. The annual performance review shall be completed in January of each year beginning in the year 2014. Notwithstanding, the City Council shall have the right to schedule a performance review on an "as-needed" and on reasonable notice to Crawford. The performance will be deemed satisfactory if no annual review takes place. interim City Manager Employment Agreement 3 E. Termination. The City Council may terminate this Agreement with or without cause upon ten (10) business days' notice to Crawford. Crawford may terminate this Agreement by giving City thirty (30) days' written notice in advance of termination, at the end of which period this Agreement will terminate, unless City and Crawford otherwise agree. Crawford shall be entitled to be reinstatement to his position as Fire Chief, in accordance with Section B.2.a. above. F. Miscellaneous Provisions. 1. The relationship between the City and Crawford is an employment relationship for a public office and is exempt from the provisions ofthe Fair Labor Standards Act. 2. Neither this Agreement, nor any provision of state statue or local ordinance, rule or resolution create any property right in favor of Crawford in his employment in the office of the City Manager. 3. When used in this Agreement, the term City Council means the legislative body of the City of Carlsbad, including the Mayor and the members of the City Council. 4. In the event of any mediation, arbitration or litigation to enforce any of the provisions ofthis Agreement, each party shall bear its own attorneys' fees and costs. 5. This Agreement is the entire agreement between the parties with respect to the subject matter. No promise, representation, warranty or covenant not included in this Agreement has been or is relied on by any party hereto. This Agreement may be amended only by a writing executed by both parties. 6. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of either party. 7. This Agreement shall be governed by the laws of the State of California; venue shall rest in the Superior Court of California, County of San Diego, North County Judicial District. {Reminder of Page Intentionally Left Blank) Interim City Manager Employment Agreement 4 8. Notices pursuant to this Agreement shall be in writing and sent to: For the City: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attn: City Clerk (with copy to City Attorney) For Crawford: Kevin Crawford 6532 Corintia Street Carlsbad, CA 92009 IN WITNESS hereof, the parties have executed tl^ds Agreem forth below: Dated: November 20, 2013 Dated: November 20, 2013 by their signatures set ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORN interim City Manager Employment Agreement 5