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