HomeMy WebLinkAbout2015-01-27; City Council; 21828; Approve City Attorney Employment Agreement with Celia A BrewerCITY OF CARLSBAD - AGENDA BILL
AB# 21,828 ADOPT RESOLUTION APPROVING THE AMENDED AND
RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT
WITH CELIA A. BREWER WITH AN ANNUAL FISCAL IMPACT
OF $24,235 AND APPROPRIATE FUNDS OF $12,118
DEPT. DIRECTOR
MTG 1/27/15
ADOPT RESOLUTION APPROVING THE AMENDED AND
RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT
WITH CELIA A. BREWER WITH AN ANNUAL FISCAL IMPACT
OF $24,235 AND APPROPRIATE FUNDS OF $12,118
CITYAXTY^^"
DEPT. ASD-HR
ADOPT RESOLUTION APPROVING THE AMENDED AND
RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT
WITH CELIA A. BREWER WITH AN ANNUAL FISCAL IMPACT
OF $24,235 AND APPROPRIATE FUNDS OF $12,118 CITY MGR. d^^^
RECOMMENDED ACTION:
Adopt Resolution No. 2015-011 approving the Amended and Restated City Attorney Employment
Agreement with Celia A. Brewer with an annual fiscal impact of $24,235 and appropriate funds of
$12,118.
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. Subsequently the City Council adopted
Resolution No. 2014 - 022 that amended the original agreement effective January 28, 2014. The parties
now desire to enter into an amended and restated agreement that incorporates the changes from the
January 28, 2014 contract amendment to the original agreement and provides the following
enhancements:
1. A four percent (4%) base pay salary increase effective January 1, 2015.
2. A revision to the "Salary/Deferred Compensation" clause (Section III B) increasing the city
contribution on behalf of the City Attorney to a section 457 Deferred Compensation Plan from
five percent (5%) of salary to the maximum amount allowable (currently $24,000), prorated
over the number of pay periods in the calendar year.
3. A revision to the "Separation From Employment" clause (Section IV) to provide that in the
event the City Council terminates this Agreement during which time City Attorney is ready,
willing and able to perform the functions and duties set forth herein, then, in that event. City
Council agrees to continue City Attorney base salary and health benefits (i.e. health, dental and
vision) for a period of twelve months or, upon mutual agreement, pay a single lump sum
payment equal to one (1) year base salary.
4. A revision to the "Other Supplemental Benefits" clause (Section VI) to provide that the City
Attorney shall be credited for twenty years of service credit in calculating accrual rates
(retroactive to January 1, 2015) and shall be permitted to earn and accrue up to three hundred
twenty (320) hours of vacation.
FISCAL IMPACT:
The annual cost ofthe four percent (4%) salary increase and related benefits is $12,100. The total annual
cost for the increase in the city's contribution to the City Attorney's 457 Deferred Compensation Plan is
DEPARTMENT CONTACT: Julie Clark 760-602-2440 Julie.Clark@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED d CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Page 2
$12,135. There is no immediate fiscal impact associated with the other revisions to the City Attorney
Employment Agreement.
The impact to the Fiscal Year 2014-15 budget is $12,118. An appropriation of $12,118 is being requested
from the General Fund Council Contingency account to the City Attorney operations budget in the
General Fund.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonable foreseeable indirect physical change in the environment; and therefore, does not require
environmental review.
EXHIBITS:
1. Resolution No.^^^^"^^^approving the Amended and Restated City Attorney Employment
Agreement with Celia A. Brewer
2. Amended and Restated City Attorney Employment Agreement, effective January 1, 2015
1 RESOLUTION NO. 2015-011
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WHEREAS, the City Council desires to amend and restate the employment agreement of
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE AMENDED AND RESTATED CITY ATTORNEY
EMPLOYMENT AGREEMENT WITH AN ANNUAL FISCAL IMPACT OF
4 $24,235 AND APPROPRIATING $12,118 FROM THE GENERAL FUND
COUNCIL CONTINGENCY ACCOUNT
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y Celia A. Brewer as City Attorney; and
8 WHEREAS, those functions, duties, obligations, benefits and compensation are
9 accurately set forth in the Amended and Restated City Attorney Employment Agreement
identified and attached as Exhibit 2 to the accompanying Agenda Bill.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California
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as follows:
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14 1. That the above recitations are true and correct.
15 2. That the Amended and Restated City Attorney Employment Agreement with Celia
1^ A. Brewer set forth as Exhibit 2 is approved.
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That the City Council authorizes the Administrative Services Director to
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appropriate funds in the amount of $12,118 from the General Fund Council
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Contingency account to the City Attorney operations budget in the General Fund
21 to be used to fund the changes to salary and to the city contribution to a deferred
22 compensation (457) plan that will occur during Fiscal Year 2014-15.
1. That the Mayor of the City of Carlsbad is authorized to execute the Amended and
Restated City Attorney Employment Agreement with Celia A. Brewer on behalf of
the City of Carlsbad.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 27th day of January 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
B^^ARAENGLBONT^
SBA A'''/,
iC f
City of Carlsbad Amended and Restated
City Attorney Employment Agreement
This Amended and Restated City Attorney Agreement is entered into as ofthe date this Amended and Restated
City Attorney Employment Agreement is approved by the Council for the City of Carlsbad, but is effective as of
January 1, 2015, by and between the City of Carlsbad, California, a municipal corporation (the "City"), and Celia
A. Brewer, an individual (the "City Attorney"). The City and the City Attorney are sometimes individually referred
to as a "Party" and collectively as "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 January 8, 2013, the Council adopted Resolution No. 2013-008 establishing an
Employment Agreement with Celia A. Brewer as City Attorney, effective January 22, 2013; and
WHEREAS, on January 28, 2014, the Council adopted Resolution No. 2014-022 that amended the original
employment agreement by authorizing an increase in salary and provided for deferred compensation; and
WHEREAS, the Council continues its desire to employ Celia A. Brewer as City Attorney; and
WHEREAS, it is the desire ofthe Parties hereto to act as a deterrent against malfeasance or dishonesty
for personal gain on her 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 Amended and Restated City Attorney
Employment Agreement on the terms and conditions set forth below; and
NOW, THEREFORE, in consideration ofthe mutual covenants herein contained, the Parties agree as
follows:
SECTION I - DUTIES
The City Council hereby agrees to the continued employment of Celia A. Brewer as City Attorney and to exercise
the powers, duties and responsibilities set forth in Carlsbad Municipal Code Chapter 2.14 and applicable state
law and such other applicable ordinances and resolutions now in effect or hereafter adopted by the City Council.
SECTION II-TERM
Celia A. Brewer was appointed as City Attorney, effective on January 22, 2013 and shall continue in that capacity
and shall continue to fulfill the powers, functions and duties of City Attorney and shall serve in that capacity until
such time as this Amended and Restated City Agreement Employment Agreement ("Agreement") is terminated
pursuant to Section IV below. The term of this Agreement shall commence on the date approved by the City
Council. The purpose of this paragraph is to ensure compliance with Government Code section 53260 et seq.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right ofthe City Attorney to resign
at any time subject only to the provisions set forth in Section IV below. City Attorney agrees to remain in the
exclusive employ of the City and neither to accept other employment nor to become employed by any other
employer without the express written permission of the City Council; provided, nothing contained herein shall
be construed or interpreted to prohibit City Attorney from engaging in such occasional activity such as teaching.
writing or consulting which activity shall only be conducted apart from her normal and regular functions and
duties.
SECTION III - SALARY
A. Base Salary
The annual base salary for the City Attorney shall be $246,792 which shall be paid bi-weekly, $9,492 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 Municipal Water District the Public Financing Authority and or other boards or
commissions that assemble and require the services of General Counsel.
B. Deferred Compensation
Beginning January 1, 2015, the City shall make an annual contribution on behalf of the City Attorney to a
section 457 Deferred Compensation Plan in the maximum amount allowable (currently $24,000),
prorated over the number of pay periods in the calendar year.
SECTION IV - SEPARATION FROM EMPLOYMENT
In the event the City Council terminates this Agreement during which time City Attorney is ready, willing and
able to perform the functions and duties set forth herein, then, in that event. City Council agrees to continue
City Attorney base salary and health benefits (i.e. health, dental and vision) for a period of twelve months or,
upon mutual agreement, pay a single lump sum payment equal to one (1) year base salary.
SECTION V - VEHICLE ALLOWANCE OR PROVISION OF VEHICLE
The City Attorney's functions and duties require her to have use of an automobile during her employment with
the City. The City shall reimburse the City Attorney the monthly sum of $350 for the expense of owning,
operating and maintaining and insuring her personal automobile. City Attorney shall keep and maintain in full
force and effect personal liability and property damage insurance in the minimum amounts of $250,000 per
person and $500,000 per occurrence and property damage of $100,000, and shall name the City of Carlsbad as
additional insured. The amounts received under this section are in addition to the base salary and shall be
considered as part of the total cash compensation discussed in Section III above.
SECTION VI - OTHER SUPPLEMENTAL BENEFITS
The City Attorney shall accrue vacation leave and sick leave as provided for under existing City policy. Beginning
January 1, 2015, City Attorney shall be credited for twenty years of service credit in calculating leave accrual
rates and City Attorney shall be permitted to earn and accrue up to three hundred twenty (320) hours of
vacation. All other actions taken by the City Council relating to fringe benefits for management employees shall
be considered actions granting the same to the City Attorney, except that the City Attorney may decline any
fringe benefits to the extent permitted or authorized by law. City policy, or this agreement. As used herein,
fringe benefits include but are not limited to vacation, sick leave, educational benefits as they existed on the
date ofthe approval of this Agreement, holidays, retirement (PERS), benefits and payments, health insurance,
dental insurance, long-term disability insurance and life insurance as set forth in the Performance Management
and Compensation Plan and elsewhere. The City Attorney may elect to participate in any ofthe medical
insurance programs offered by the City.
SECTION VII - ANNUAL REVIEW
The City Council shall review and evaluate the performance of the City Attorney in January of each year. This
review and evaluation of performance and salary shall be in accordance with the criteria developed jointly by
the City Council and the City Attorney. The Mayor shall provide the City Attorney with a summary written
statement of the findings of the City Council and provide an adequate opportunity for the City Attorney to
discuss her evaluation with the City Council. The Mayor shall report out and authorize the Human Resources
Director to make changes to the salary or other agreed benefits to this or subsequent employment contracts in
accordance with all applicable laws.
SECTION VIII - ANNUAL GOAL SETTING
Annually, the City Council and the City Attorney shall define such goals and performance objectives which they
determine necessary for the proper operation of the City and an attainment of the City Council's policy
objectives. They shall also establish a relative priority among these various goals and objectives and this should
be reduced to writing.
SECTION IX - PROFESSIONAL AND ORGANIZATIONAL DEVELOPMENT
All normal business expenses, such as attendance at the League of California Cities, the League of California
Cities City Attorney Department meetings, IMLA, San Diego City Attorneys' Association meetings and
conferences as well as business lunches, dinners, etc., will be provided for separately in the operating budget of
the City Attorney's office. The City Council continues to support and encourage continuing development and
professionalism of the City organization and its employees. As such, the City Council supports the City Attorney's
organizational development efforts, including but not limited to, employee development, department
development, and organization-wide development. These efforts shall support the City Council Vision and Goals
and provide for the ongoing development of a high-performing organization.
SECTION X - EFFECTIVE DATE
The effective date of this contract is January 1, 2015 and all salary and other compensation benefits shall be paid
retroactive and or in accordance to that date.
SECTION XI - NOTICES
Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service,
postage prepaid, addressed as follow or as such address may be changed from time to time upon written notice
to the other:
CITY:
MAYOR
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
Carlsbad, California 92008
CITY ATTORNEY:
CELIA A. BREWER
2159 ViaTiempo
Cardiff, CA 92007
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
CITY ATTORNEY
By
Matt Hall, Mayor CELIA A. BREWER
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ATTEST:
By:
City Clerk
APPROVED AS TO F
stant City Attorne: