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HomeMy WebLinkAbout2019-09-10; City Council; ; Agreement with Celia A. Brewer, City AttorneyQ S~~fi R~port Meeting Date: To: From: Staff Contact: Subject: September 10, 2019 Mayor and City Council Scott Chadwick, City Manager Walter Chung, Assistant City Attorney walter.chung@carlsbadca.gov or 760.434.2891 Agreement with Celia A. Brewer, City Attorney Recommended Action CA Review {;VC--- Adopt a Resolution authorizing the execution of the Amended and Restated City Attorney Emp loyment Agreement with Celia A. Brewer with an annual fiscal impact of $14,400. Executive Summary On January 8, 2013, the City Council adopted Resolution No. 2013-008 establishing an Emp loyment Agreement with the City Attorney effective January 22, 2013. The parties desire to continue their employment relationship and hereby enter this new Amended and Restated City Attorney Employment Agreement, which includes an increase in City Attorney's base salary, from $288,002 to $298,947, effective January 1, 2019. The City Attorney's vehicle allowance will also increase from $350 to $625 per month. Discussion On January 8, 2013, the City Council adopted Resolution No. 2013-008 establishing an Emp loyment Agreement with the City Attorney effective January 22, 2013. Subsequently the City Counci l adopted Resolution No. 2014 -022 that amended the original agreement effective January 28, 2014. Thereafter, on January 27, 2015 the City Council adopted Resolution No. 2015-011 that amended and restated original agreement. On January 22, 2017, the Council · adopted Resolution No. 2017-080 that amended and restated the as amended employment agreement which authorized an increase in salary for the City Attorney. The parties now desire to enter this Amended and Restated City Attorney Employment Agreement to provide for an increase in City Attorney's Base Sa lary, from $288,002 to $298,947, effective January 1, 2019. The Amended and Restated City Attorney Employment Agreement also provides for an increase in the City Attorney's vehicle allowance from $350 to $625 pe r month. Fiscal Analysis The an nual cost of the salary increase, including associated retirement benefits, is $14,400. The Fiscal Year 2019-20 impact is $14,400 and will be paid for out of the existing City Attorney budget in the General Fund. Sept. 10, 2019 Item #7 Page 1 of 8 Next Steps Execute the Amended and Restated City Attorney Employment Agreement with Celia A. Brewer. Environmental Evaluation (CEQA) 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. City Council Resolution. 2. Amended and Restated City Attorney Employment Agreement with Celia A. Brewer. Sept. 10, 2019 Item #7 Page 2 of 8 Exhibit 1 RESOLUTION NO. 2019-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AMENDED AND RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT WITH CELIA A. BREWER WITH AN ANNUAL FISCAL IMPACT OF $14,400 WHEREAS, the City Council desires to approve the Amended and Restated City Attorney Employment Agreement with Celia A. Brewer; WHEREAS, this Amended and Restated City Attorney Employment Agreement increases the City Attorney's base salary from $288,002 to $298,947 per year, as further set forth in Exhibit 2 to the accompanying staff report and attached hereto; and WHEREAS, this Amended and Restated City Attorney Employment Agreement increases the City Attorney's vehicle allowance from $350 to $625 per month, as further set forth in Exhibit 2 and attached hereto. 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 Celia A. Brewer set forth in the attached Exhibit 2 is approved. 3. That the Fiscal Year 2019-20 impact is $14,400, and will be paid for out of the existing City Attorney budget in the General Fund. 4. 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. Sept. 10, 2019 Item #7 Page 3 of 8 Exhibit 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of September 2019, by the following vote, to wit: AYES: NAYS: ABSENT: Blackburn, Bhat-Patel, Schumacher, Hamilton. Hall. None. 2 ~•< ·~ /kctor G11me z, BARBARA ENGLESON, City Clerk DtplMj (SEAL) c,v Cleo( Sept. 10, 2019 Item #7 Page 4 of 8 CITY OF CARLSBAD AMENDED AND RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT This Amended and Restated City Attorney Employment Agreement is entered into as of the date this Amended and Restated City Attorney Employment Agreement is approved by the Council for the City of Carlsbad, 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, on January 27, 2015, the Council adopted Resolution No. 2015-011 that amended and restated the employment agreement by authorizing an increase in salary; and WHEREAS, on January 26, 2016, the Council adopted Resolution No. 2016-017 that amended and restated the employment agreement by authorizing an increase in salary; and WHEREAS, on January 22, 2017, the Council adopted Resolution No. 2017-080 that amended and restated the employment agreement by authorizing an increase in salary; and WHEREAS, the Council continues its desire to employ Celia A. Brewer as City Attorney; and WHEREAS, it is the desire of the 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 of the mutual covenants herein contained, the Parties agree as follows: II I II I 1 Sept. 10, 2019 Item #7 Page 5 of 8 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 Attorney Employment Agreement ("Agreement") is terminated pursuant to Section IV below. 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 of the 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 Ill -SALARY A. Base Salary The annual base salary for the City Attorney shall be $298,947 which shall be paid bi-weekly, $11,498 per completed pay cycle. This includes the compensation for the additional positions of General Counsel for the Housing Commission/Community Development Commission, General Counsel of the Carlsbad Municipal Water District, Public Financing Authority, Industrial Development Authority, and all 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, 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. 2 Sept. 10, 2019 Item #7 Page 6 of 8 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 provide the City Attorney the monthly sum of $625 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 Ill 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 of the 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 of the 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 July 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 3 Sept. 10, 2019 Item #7 Page 7 of 8 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 Agreement is January 1, 2019 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: City of Carlsbad Mayor, City Hall 1200 Carlsbad Village Drive Carlsbad, California 92008 CITY ATTORNEY: Celia A. Brewer 2159 Via Tiempo Cardiff, CA 92007 IN WITNESS WHEREOF, the City and the City Attorney have caused this Agreement to be executed on l(Jfh day of St,pumbe, 2019. CITY OF CARLSBAD A Municipal Corporation By: __ ~ __ ,_r_l_~-----~~~r ATTEST: CITY ATTORNEY Celia A. Brewer APPRO:r :Po/iORM: __.__. __ '-=--L~-~H_._.._e ..... ct~P~'-Ga~'(Y}~e~z...-. By: _F_(I !_ ~'_L __ ~-------- DelJj c 1) c Jet.I/ Assistant City Attorney 4 Sept. 10, 2019 Item #7 Page 8 of 8