HomeMy WebLinkAbout2014-01-28; City Council; 21499; Approval Amendment Attorney Employment AgreementCITY OF CARLSBAD - AGENDA BILL 10.1
AB# 21,499 APPROVAL OF AMENDMENT TO THE CITY
ATTORNEY EMPLOYMENT AGREEMENT
DEPT. HEAD "-^TC^
MTG. 01/28/14
APPROVAL OF AMENDMENT TO THE CITY
ATTORNEY EMPLOYMENT AGREEMENT CITY ATTY.
DEPT. Mayor
APPROVAL OF AMENDMENT TO THE CITY
ATTORNEY EMPLOYMENT AGREEMENT
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2014-022 approving Amendment No. 1 to the City Attorney Employment
Agreement.
ITEM EXPLANATION:
On January 8, 2013, the City Council adopted Resolution No. 2013-008, establishing an Employment
Agreement with the City Attorney effective January 22, 2013. This Amendment No. 1 to the
Employment Agreement would adjust the existing salary ofthe City Attorney by an increase of 13%
effective January 28, 2014 and add a provision for the City's contribution to her deferred compensation
plan in an amount equal to 5% of annual salary.
FISCAL IMPACT:
Funding for these compensation changes is available in the City Attorney's operating budget for the
current fiscal year.
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.2014-022 approving Amendment No. 1 of the City Attorney employment
agreement.
2. Amendment No. 1 to the City Attorney Employment Agreement
DEPARTMENT CONTACT: Cheri Abbott 760-602-2496 cheri.abbott@carlsbadca.gov
FO/? C/TY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
1 RESOLUTION NO. 2014-022
^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, APPROVING AMEDMENT NO.l TO THE CITY
ATTORNEY EMPLOYMENT AGREEMENT WITH CELIA A. BREWER
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^ WHEREAS, the parties desire to amend Section III Salary to allow for an increase in
salary and to provide for deferred compensation as set forth in Amendment No. 1 to the
7 Employment Agreement of Celia A. Brewer, City Attorney; and
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WHEREAS, the City Council desires to approve the Amendment No. 1 to the
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employment agreement of Celia A. Brewer as City Attorney; and
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11 WHEREAS, all other terms and conditions of the employment agreement of City
12 Attorney, Celia A. Brewer, as amended, remain in full force and effect.
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20 3. That the funds sufficient to pay for the City Attorney compensation and benefits
21 have been included in the City Attorney's operating budget for the current fiscal
year.
That the Mayor of the City of Carlsbad is authorized to execute Amendment No.
1 on behalf of the City of Carlsbad
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 Amendment No. 1 to the City Attorney's Employment Agreement with Celia
A. Brewer set forth as Exhibit 2 is approved.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 28**^ day of January, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
BARBARA ENGLESON^ty Clerk
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Exhibit 2
AMENDMENT NO.1 TO AMEND EMPLOYMENT AGREEMENT
WITH CELIA A. BREWER, CITY ATTORNEY
This Amendment No. 1 is entered into and effective as of the 28 day of January, 2014,
amending the Gity Attorney Employment Agreement dated December 27, 2012, but effective
January 22, 2013 (the "Agreement") by and between the City of Carlsbad, a municipal
corporation, ("City"), and Celia A. Brewer, ("City Attorney") (collectively, the "Parties").
1. The Parties desire to alter Section III- Salary to read as follows:
SECTION III- SALARY
A. Base Salary
The annual base salary for the City Attorney shall be $237,300 which shall be paid bi-
weekly, $9,126.92 per completed pay cycle. This includes the compensation for the
additional positions of General Counsel for the Housing and Redevelopment
Commission/Community Development Commission, General Counsel of the Carlsbad
Municipai Water District the Public Financing Authority and other boards or commissions
that assemble and require the services of General Counsel.
B. Deferred Compensation
Beginning February 3, 2014, the City shall make, in equal proportionate amounts each
pay period, an annual contribution equal to 5% of base salary to the City Attorney's
Deferred Compensation Plan.
2. All other provisions of the Agreement, as may have been amended from time to time, will
remain in full force and effect.
(Remainder of Page Intentionally Left Blank as Signature Page Follows)
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A
IN WITNESS WHEREOF, the City and the City Attorney have caused this Agreement to be
executed on the day and year first written above.
CITY OF CARLSBAD
A Municipal Corporation
CELIA A. BREWER
By:.
Mayor Celia A. ereWer
ATTEST:
By:
BARBARA ENGELSO^^ity Clerk
APPROVED AS TO FORM:
By:.
Assistant City Attorney
City Attorney Approved Version 1/30/13 5