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HomeMy WebLinkAbout2023-10-10; City Council; ; City Manager and City Attorney Employment AgreementsCA Review JRT Meeting Date: Oct. 10, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Cindie K. McMahon, City Attorney Staff Contact: Judy Von Kalinowski, Human Resources Director judy.von.kawlinowski@carlsbadca.gov, 442-339-2438 Subject: City Manager and City Attorney Employment Agreements Districts: All Recommended Action 1.Adopt a resolution approving the amended and restated City Manager Employment Agreement with Scott Chadwick 2.Adopt a resolution approving the amended and restated City Attorney Employment Agreement with Cindie K. McMahon and corresponding amendments to the Appointed Officials Salary Range Schedule Executive Summary The City Council is being asked to approve amendments to the city’s employment agreements with the City Manager and City Attorney and corresponding amendments to the Appointed Officials Salary Range Schedule. Explanation & Analysis Background City Manager •June 12, 2018 – The City Council approved an employment agreement with the City Manager, effective Aug. 1, 2018. •Sept. 10, 2019 – The City Manager’s employment agreement was amended and restated; the City Council increased the City Manager’s annual base salary from $295,581 to $306,813, effective July 1, 2019. •2020 – The City Manager did not receive a compensation increase in 2020. •Dec. 14, 2021 – The City Council increased the City Manager’s annual base salary to $326,756, effective July 1, 2021. •July 26, 2022 – The City Council approved an employment agreement with the City Attorney, effective August 2, 2022. •Dec. 6, 2022 – The City Manager’s employment agreement was amended and restated. The City Council authorized the City Manager’s receipt of a one-time stipend of $14,565 and increased the City Manager’s city-provided life insurance benefit to $500,000. Oct. 10, 2023 Item #1 Page 1 of 26 City Attorney • July 26, 2022 – The City Council approved an employment agreement with the City Attorney, effective Aug. 2, 2022, with a base salary of $280,000. New terms of employment The City Council held a closed session meeting on Aug. 29, 2023, to evaluate the performance of the City Manager and City Attorney. The City Council held a second closed session meeting on Sept. 12, 2023, and authorized Mayor Blackburn and Mayor Pro Tem Bhat-Patel to negotiate with the City Manager and City Attorney regarding their terms of employment. City Manager The City Manager agreed to the new terms of his employment, which will not include a change to the City Manager’s base salary, but will include the following: • A one-time stipend of $30,000 • The option to work a 9-day/80-hour work schedule The changes in the City Manager’s terms of employment are reflected in the amended and restated City Manager Employment Agreement included as Attachment A to Exhibit 1. City Attorney The City Attorney agreed to the new terms of her employment, which will include the following: • A 3.6% annual salary increase to $290,080 • A monthly vehicle allowance increase to $1,000 • A city-provided life insurance benefit increase to $500,000 • The option to work a 9-day/80-hour work schedule The new terms of the City Attorney’s agreement also include updates to the Separation from Employment section. The changes in the City Attorney’s terms of employment are reflected in the amended and restated City Attorney Employment Agreement included as Attachment A to Exhibit 2. Options The City Council may either approve the resolutions and authorize the execution of the amended and restated agreements or schedule a closed session meeting to instruct its negotiators as to other terms of employment for the City Manager and City Attorney. Fiscal Analysis The annual cost of the changes in the terms of the City Manager’s employment is $30,585. The fiscal year 2023-24 impact, which includes the one-time stipend, is $30,585 and will be funded by the existing General Fund budget. The annual cost of the changes in the terms of the City Attorney’s employment is $13,100. The fiscal year 2023-24 impact of $13,100 will be funded by the existing General Fund budget. Next Steps Staff will obtain the necessary signatures to finalize the agreement. The amended Appointed Officials Salary Range Schedule will be posted on the city’s website. Oct. 10, 2023 Item #1 Page 2 of 26 Environmental Evaluation The recommended action does not require environmental review because it does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution – City Manager’s agreement 2. City Council resolution – City Attorney’s agreement Oct. 10, 2023 Item #1 Page 3 of 26 RESOLUTION NO. 2023-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT WITH SCOTT CHADWICK WHEREAS, the City Council of the City of Carlsbad, California desires to approve the amended and restated City Manager Employment Agreement with Scott Chadwick {Attachment A); and WHEREAS, the amended and restated City Manager Employment Agreement does not make any changes to the City Manager's base salary; and WHEREAS, the amended and restated City Manager Employment Agreement provides for a one-time stipend of $30,000 to the City Manager and allows the City Manager to work a 9-day/80-hour work schedule in accordance with Administrative Order No. 57. 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 Manager Employment Agreement with Scott Chadwick in Attachment A is approved. 3.That the Mayor of the City of Carlsbad is authorized to execute the amended and restated City Manager Employment Agreement with Scott Chadwick on behalf of the City of Carlsbad. 4.That the fiscal year 2023-2024 impact of $30,000 will be funded by the existing General Fund budget. Exhibit 1 Oct. 10, 2023 Item #1 Page 4 of 26 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of Oct., 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder. None. None. Luna. l� KEITH BLACKBURN, Mayor SHERRY FREISINGER, City Clerk (SEAL) ,,,,11111111111111111 ,,,��CA "1, / o�. Fil.,,,,,,,,/. §L� ..... �· ••. �� i2!;:/ � ··.V'� =(.)i� ... 'V� \ \�)(�)°) % "·• .... '""11:1'"' ....... [ �, 'At( .......... •·'.,.\,'I-� 111111111 IFO{\� ,,,,-:i-� 111111111111111'''' � Oct. 10, 2023 Item #1 Page 5 of 26 ~ Oct. 10, 2023 Item #1 Page 6 of 26 CITY OF CARLSBAD AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT Attachment A This Amended and Restated City Manager Employment Agreement ("Agreement") is entered into as of the date this Agreement is approved by the City Council for the City of Carlsbad, by and between the City of Carlsbad, California, a municipal corporation (the "City"), and Scott Chadwick, an individual (the "City Manager"). The City and City Manager are sometimes individually referred to as a "Party" and collectively as" Parties." RECITALS WHEREAS, Chapter 2.12 of the Carlsbad Municipal Code provides for the Office of the City Manager who shall be appointed and retained by the City Council wholly on his management ability and experience, particularly in the municipal management field, and shall hold that office for and during the pleasure of the City Council; and WHEREAS, on June 12, 2018, the City Council adopted Resolution 2018-101 establishing an employment agreement with Scott Chadwick as City Manager, effective August 1, 2018; and WHEREAS, on July 9, 2019, the City Council conducted a performance review of Scott Chadwick and authorized changes to his employment agreement; and WHEREAS, on September 10, 2019, the City Council adopted Resolution No. 2019-167 that amended and restated the employment agreement by authorizing an increase in salary; and WHEREAS, on November 16, 2021, the City Council conducted a performance review of Scott Chadwick and on December 7, 2021, the City Council authorized changes to his employment agreement; and WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 2021-284 that amended and restated the employment agreement by authorizing an increase in salary; and • WHEREAS, on November 8, 2022, the City Council conducted a performance review of Scott Chadwick and authorized changes to his employment agreement; and WHEREAS, on December 6, 2022, the City Council adopted Resolution No. 2022-274 that amended and restated the employment agreement by authorizing a one-time stipend; and WHEREAS, on August 29, 2023, the City Council conducted a performance review of Scott Chadwick and on September 12, 2023, the City Council authorized changes to his employment agreement; and WHEREAS, it is the desire of the Parties to act as a deterrent against malfeasance or dishonesty for personal gain on City Manager's part; and to provide for terminating his services Oct. 10, 2023 Item #1 Page 7 of 26 at such time as he may be unable to fully discharge his duties or when the City Council may otherwise desire to terminate his employment; and WHEREAS, it is the desire of the Parties to enter into this Agreement on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: SECTION I -DUTIES The City Council agrees to employ Scott Chadwick as City Manager and to exercise the powers, duties and responsibilities set forth in Carlsbad Municipal Code Chapter 2.12 and applicable state law and such other applicable ordinances and resolutions now in effect or subsequently adopted by the City Council. City Manager is subject to and shall comply with the provisions of California Government Code Title 5, Division 2, Part 1, Chapter 2, Article 2.6, entitled "Abuse of Office" (California Government Code Sections 53243-53244). SECTION II -TERM Effective August 1, 2018, Scott Chadwick is appointed as City Manager and shall continue in that capacity and shall continue to fulfill the powers, functions and duties of City Manager and shall serve in that capacity until such time as this Agreement is terminated pursuant to Section IV below. The purpose of this paragraph is to ensure compliance with Government Code Sections 53260-53264. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City Manager to resign at any time subject only to the provisions set forth in Section IV below. City Manager 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 in this Agreement shall be construed or interpreted to prohibit City Manager from engaging in such occasional activity such as teaching, writing or consulting which activity shall only be conducted apart from his normal and regular functions and duties. SECTION Ill -COMPENSATION A. Base Salary Effective as of July 1, 2021, the annual base salary for City Manager shall be $326,756, which shall be paid bi-weekly, $12,567.56 per completed pay cycle. This includes the compensation for the additional positions of Executive Manager of the Carlsbad Water District and/or other boards or commissions that assemble and require the services of City Manager. - 2 - Oct. 10, 2023 Item #1 Page 8 of 26 B. Work Schedule The City Manager may work a 9/80 work schedule as provided for in Administrative Order No. 57. C. Stipend The City will make a one-time stipend payment to City Manager of $30,000. The payment shall be made within 15 days of the City Council's approval of this Agreement. The payment is taxable. The payment is not pensionable compensation. D. Deferred Compensation The City shall make an annual contribution on behalf of City Manager to a Section 457 Deferred Compensation Plan in the maximum amount allowable, prorated over the number of pay periods in the calendar year. E. Retirement City Manager will be enrolled in the miscellaneous CalPERS retirement system under the City's "Tier 2," which consists of a 2% at 60 years of age formula with a three-year final average earnings and pensionable compensation cap. The City Manager will be responsible for the CalPERS employee contribution. SECTION IV -SEPARATION FROM EMPLOYMENT A. Termination of Employment Upon termination of City Manager's employment by the City for any reason other than City Manager's voluntary resignation, the City shall pay City Manager the sum of $3,500 to compensate City Manager for costs incurred by City Manager in obtaining legal review, benefits review, or other professional advisory or personal counseling services which City Manager elects to utilize in connection with the termination, including the review and negotiation of any separation related agreements with the City. B. Resignation /Retirement City Manager may resign at any time and agrees to give the City at least 60 days' advance written notice of the effective date of City Manager's resignation, unless the Parties otherwise agree in writing. If City Manager retires from full-time public service with the City, City Manager may provide six months' advance notice. City Manager's actual retirement date will be mutually established. -3 - Oct. 10, 2023 Item #1 Page 9 of 26 C. Termination & Removal 1. City Manager is an at-will employee serving at the pleasure of the City Council as provided in Government Code Section 36506. 2. The City Council may remove City Manager at any time, with or without cause, by a majority vote of its members. Notice of termination shall be provided to City Manager in writing. Termination, as used in this section, shall also include a request by City Council for City Manager to resign, a reduction in salary or other financial benefits of City Manager, a material reduction in the powers and authority of City Manager, or the elimination of City Manager's position. Any such notice of termination or act constituting termination shall be given at or effectuated at a duly noticed meeting of the City Council. 3. The City Manager shall not be removed during the 120-day period preceding or following any City election for membership on the City Council, or during the 120-day period following any change in membership of the City Council, except upon unanimous vote of the City Council. 4. Given the at-will nature of the position of City Manager, an important element of the employment agreement pertains to termination. It is in both the City's interest and that of City Manager that any separation of City Manager is done in a professional manner. The parties agree that, except as otherwise required by law, any public statement made related to the separation will be made by mutual agreement. No further statements will_be made. Should the City violate this provision, the City shall compensate City Manager in the amount of $5,000 per instance. D. Severance Pay 1. In the event the City Council terminates this Agreement during such time as City Manager is ready, willing and able to perform City Manager's duties under this Agreement, the City agrees either to pay City Manager a lump sum cash payment equal to 12 months' base salary and benefits in effect at the time of separation or to continue the City Manager's base salary and benefits (i.e., health, dental, vision) for a period of 12 months. This decision will be made upon mutual agreement of the parties. 2. The City shall extend to City Manager the right to continue health insurance as may be required by and pursuant to the terms and conditions ofthe Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The City agrees to pay City Manager's COBRA coverage for the same number of months for which City Manager is entitled to a lump sum cash payment or until City Manager either secures full-time employment or obtains other health insurance, whichever of these three events first occurs. City Manager shall notify the City within five days of securing new full-time - 4 - Oct. 10, 2023 Item #1 Page 10 of 26 employment or insurance. 3. In the event the City refuses, following written notice of non-compliance, to comply with any provision in this Agreement benefiting City Manager, or City Manager resigns following a suggestion, whether formal or informal, by a majority of the City Council that City Manager resign, then City Manager may, at City Manager's option, be deemed to be terminated as of the date of such refusal to comply or suggestion to resign and this severance pay provision shall be actuated. 4. All payments required under this agreement are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. 5. The Parties agree that if the City were to fail or refuse to promptly and fully provide and pay to City Manager all of the severance and other benefits due upon termination as provided by this Agreement, City Manager would sustain material damages. These damages could include, among other losses: the loss of the opportunity to transition employment, the loss of alternate employment opportunities, the loss of income, the loss of opportunities for retraining or further education, the erosion of personal investments and savings, the loss of retirement benefits, physical displacement or the loss of a residence,.the loss of insurance and medical benefits, expenses for professional counseling, the loss of standard of living including educational opportunities for children, and the resultant emotional distress to City Manager and City Manager's family. These damages are, and will continue to be, impracticable and extremely difficult to ascertain. Accordingly, in the event that the City shall fail or refuse to promptly and fully provide and pay to City Manager all of the severance benefits or other benefits due upon termination as provided by this Agreement, then the City shall pay to City Manager, as liquidated damages, a lump sum cash payment equal to 18 months' current base salary as provided above in addition to all other severance benefits provided by this Agreement. Any such payments shall constitute liquidated damages only and not additional severance pay or benefits subject to the provisions of Government Code Section 53260. E. Involuntary Resignation 1. In the event that the City Council formally or a majority of the City Council informally asks City Manager to resign, then City Manager shall be entitled to resign and still receive the severance benefits provided above. 2. City Manager has relied upon the provisions of the Carlsbad Municipal Code upon entering into this Agreement, as it pertains to City Manager's role, powers, duties, authority, responsibilities, compensation and benefits. If the City Council adds, deletes or amends the Carlsbad Municipal Code related to City Manager's duties and responsibilities without the consent of City Manager, and such addition, deletion or amendment is inconsistent with the terms of this Agreement and City -5 - Oct. 10, 2023 Item #1 Page 11 of 26 Manager's role, powers, duties, authority, responsibilities, compensation and benefits as currently provided, then City Manager shall have the right, at City Manager's sole discretion, to give the City Council notice that such amendment(s) constitute a request by the City Council for City Manager's involuntary resignation. 3. Upon receipt of such notice the City Council shall have 30 days in which to do one of the following: a. rescind the amendment(s); b. renegotiate this Agreement to City Manager's satisfaction; c. confirm that City Manager is being asked to involuntarily resign; or d. take no action. If either c. or d. occurs, or the City is unable to accomplish b., then City Manager shall be entitled to resign and still receive the severance benefits provided above. F. Separation for Cause 1. Notwithstanding the provisions above, City Manager may be terminated for cause. As used in this section, "cause" shall mean only one or more of the following: a. Conviction of a felony; b. Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the City Manager's duties; or c. Failure or refusal to carry out lawful duties assigned to the City Manager. 2. If the City terminates City Manager for cause, then the City may terminate this Agreement immediately, and City Manager shall be entitled to only the compensation accrued up to the date of termination, payments required by Section G below, and such other termination of benefits and payments as may be required by law. City Manager shall not be entitled to any severance benefits provided above. 3. If the City terminates City Manager for cause, the City and City Manager agree that, except as otherwise required by law, neither Party shall make any written or oral statements to members of the public or the press concerning City Manager's termination except in the form of a joint press release which is mutually agreeable to both Parties. The joint press release shall not contain any text or information that would be disparaging to either Party. Provided, however, that either Party may verbally repeat the substance of any such press release in response to inquiries by members of the press or public. -6 - Oct. 10, 2023 Item #1 Page 12 of 26 G. Payment for Unused Leave Balance On separation from City employment, City Manager shall be entitled to all benefits, rights, and privileges related to the payout of all unused leaves during the course of his employment with the City of Carlsbad. SECTION V -VEHICLE ALLOWANCE OR PROVISION OF VEHICLE City Manager's functions and duties require him to have use of an automobile during his employment with the City. The City shall provide City Manager the monthly sum of $1000 for the expense of owning, operating and maintaining and insuring his personal automobile. City Manager 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 an 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 City Manager shall accrue vacation leave and sick leave as provided for under existing City policy. City Manager shall be credited for twenty years of service credit in calculating leave accrual rates and City Manager shall be permitted to earn and accrue up to 400 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 City Manager, except that City Manager may decline any fringe benefits to the extent permitted or authorized by law, City policy, or this agreement. As used in this Agreement, 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 (CalPERS), 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. City Manager may elect to participate in any of the medical insurance programs offered by the City. The City will provide for a life insurance benefit of $500,000 for the City Manager. SECTION VII -ANNUAL REVIEW The City Council shall review and evaluate the performance of City Manager 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 City Manager. The Mayor shall provide City Manager with a summary written statement of the findings of the City Council and provide an adequate opportunity for City Manager to discuss his 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. - 7 - Oct. 10, 2023 Item #1 Page 13 of 26 SECTION VIII -STRATEGIC PLAN On October 11, 2022, City Council approved its first 5-year strategic plan. It is the duty and responsibility of the City Manager to ensure the City follows the strategic plan. The City Manager shall periodically update City Council on the implementation status of the City's strategic plan. SECTION IX -PROFESSIONAL AND ORGANIZATIONAL DEVELOPMENT All normal business expenses, such as attendance at the League of California Cities, ICMA, or other association or industry association meetings and conferences as well as business lunches, dinners, etc., will be provided for separately in the operating budget of the City Manager'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 City Manager'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 -ICMA CODE OF ETHICS The Parties acknowledge that City Manager is a member of the International City Management Association ("ICMA "). The Parties mutually desire that City Manager be subject to and comply with the ICMA Code of Ethics as follows: Tenet 1-We believe professional management is essential to efficient and democratic local government by elected officials. Tenet 2 -Affirm the dignity and worth of local government services and maintain a deep sense of social responsibility as a trusted public servant. Tenet 3 -Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public. Tenet 4 -Serve the best interests of the people. Tenet 5 -Submit policy proposals to elected officials; provide them with facts, and technical and professional advice about policy options; and collaborate with them in setting goals for the community and organization. Tenet 6 -Recognize that elected representatives are accountable to their community for the decisions they make; members are responsible for implementing those decisions. - 8 - Oct. 10, 2023 Item #1 Page 14 of 26 Tenet 7 -Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. Tenet 8 -Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques. Tenet 9 -Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. Tenet 10 -Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. Tenet 11-Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline. Tenet 12 -Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit. SECTION XI -EFFECTIVE DATE The effective date of this Agreement is the date this Agreement is executed by all parties. SECTION XII -SEVERABILITY If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement, and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties. SECTION XIII -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, CA 92008 -9 - CITY MANAGER Scott Chadwick 1200 Carlsbad Village Drive Carlsbad, CA 92008 IN WITNESS WHEREOF, the City and the City Manager have caused this Agreement to be executed on \ \ t-day of Q c.k . , 2023 CITY OF CARLSBAD : Y Municipal Corp � Keith Blackburn, Mayor ATTEST: By Mvv ,= APPROVED AS TO FORM: Sherry Freisinger City Clerk By:J()QA � ; Ronald Kemp Sr. Assistant City Attorney -10 -Oct. 10, 2023 Item #1 Page 15 of 26 RESOLUTION NO. 2023-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AMENDED AND RESTATED CITY ATTORNEY EMPLOYMENT AGREEMENT WITH CINDIE K. MCMAHON AND CORRESPONDING AMENDMENTS TO THE APPOINTED OFFICIALS SALARY RANGE SCHEDULE WHEREAS, the City Council of the City of Carlsbad, California desires to approve the amended and restated City Attorney Employment Agreement with Cindie K. McMahon (Attachment A); and WHEREAS, the amended and restated City Attorney Employment Agreement adjusts the City Attorney's annual base pay by 3.6% to $290,080, the City Attorney's monthly vehicle allowance to $1,000, and life insurance benefit to $500,000; and WHEREAS, the amended and restated City Attorney Employment Agreement allows the City Attorney to work a 9-day/80-hour work schedule in accordance with Administrative Order No. 57 and revises the Section IV -Separation from Employment provisions to be consistent with Section IV - Separation from Employment provisions in the Amended and Restated City Manager Employment Agreement with Scott Chadwick; and WHEREAS, the City Council desires to amend the Appointed Officials Salary Range Schedule to indicate the City Attorney's revised maximum monthly salary of $24,173.33. 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 Cindie K. McMahon in Attachment A is approved. 3.That the Mayor of the City of Carlsbad is authorized to execute the amended and restated City Attorney Employment Agreement with Cindie K. McMahon on behalf of the City of Carlsbad. 4.That the amended Appointed Officials Salary Range Schedule in Attachment B is approved. 5.That the fiscal year 2023-2024 impact of $13,100 will be funded by the existing General Fund budget. Exhibit 2 Oct. 10, 2023 Item #1 Page 16 of 26 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of Oct., 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder. None. None. Luna. KEITHBLAJ� SHERRY FREISINGER, City Clerk (SEAL) � :\,,,,,,,\\\\\\ 111111 II/ I//;; �of CA/:l,'1,,, �� --��-(\�'l. ��/ �··-.'->�� ic3 /�-...... ,,'% i l..�1 1/...A.1 °} i -....7� ,w_! t% c·· .... :"'11/"' .... ....-f �,�I.. ........... -..\.,,-� 1111,,11 I FO�" \,,-1:--$' l//l///lli\\\\\11111 Oct. 10, 2023 Item #1 Page 17 of 26 Oct. 10, 2023 Item #1 Page 18 of 26 Attachment A CITY OF CARLSBAD CITY ATTORNEY EMPLOYMENT AGREEMENT This Amended and Restated City Attorney Employment Agreement ("Agreement") is entered into as of the date this Agreement is approved by the City Council for the City of Carlsbad, by and between the City of Carlsbad, California, a municipal corporation (the "City"), and Cindie K. McMahon, an individual (the "City Attorney"). The City and the City Attorney are sometimes individually referred to as a "Party" and collectively as the "Parties." REC ITALS 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 July 26, 2022, the City Council adopted Resolution No. 2022-193 establishing an employment agreement with Cindie K. McMahon as City Attorney, effective Augu~2,2022;and WHEREAS, on August 29, 2023, the City Council conducted a performance review of Cindie K. McMahon and on September 12, 2023, the City Council authorized changes to her employment agreement; and WHEREAS, it is the desire of the Parties to act as a deterrent against malfeasance or dishonesty for personal gain on the City Attorney's 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 Agreement on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: SECTION I -DUTIES The City Council agrees to employ Cindie K. McMahon 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 subsequently adopted by the City Council. Cindie K. McMahon as City Attorney is subject to and shall comply with Government Code Sections 53243-53244, which address consequences for conviction of a crime for abuse of office or position. Oct. 10, 2023 Item #1 Page 19 of 26 SECTION II -TERM Cindie K. McMahon is appointed as City Attorney, effective on August 2, 2022, 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 Agreement is terminated pursuant to Section IV below. The purpose of this paragraph is to ensure compliance with California Government Code Sections 53260-53264. 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. The 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 in this Agreement shall be construed or interpreted to prohibit the City Attorney from engaging in such occasional activity as teaching, writing, or consulting, which activity shall only be conducted apart from her normal and regular functions and duties. SECTION Ill -COMPENSATION A. Base Salary Effective as of July 1, 2023, the annual base salary for the City Attorney shall be increased by 3.6% to $290,080, which shall be paid bi-weekly, $11,156.92 per completed pay cycle. This includes the compensation for the additional positions of General Counsel for the Housing Authority/Community Development Commission; General Counsel for the Carlsbad Municipal Water District, Public Financing Authority, and Industrial Development Authority; and all other boards or commissions that assemble and require the services of General Counsel. B. Work Schedule The City Attorney may work a 9/80 work schedule as provided for in Administrative Order No. 57. c. Deferred Compensation The City shall make an annual contribution on behalf of t he 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. D. Retirement City Attorney will be enrolled in the miscellaneous CalP ERS retirement system under the City's "Tier 1," which consists of a 3% at 60 years of age formula with a one-year final highest earnings and pensionable compensation cap. The City Attorney will be responsible for the CalPERS employee contribution. SECTION IV -SEPARATION FROM EMPLOYMENT -2 - Oct. 10, 2023 Item #1 Page 20 of 26 A. Termination of Employment Upon termination of City Attorney's employment by the City for any reason other than City Attorney's voluntary resignation, the City shall pay City Attorney the sum of $3,500 to compensate City Attorney for costs incurred by City Attorney in obtaining legal review, benefits review, or other professional advisory or personal counseling services which City Attorney elects to utilize in connection with the termination, including the review and negotiation of any separation related agreements with the City. B. Resignation /Retirement City Attorney may resign at any time and agrees to give the City at least 60 days' advance written notice of the effective date of City Attorney's resignation, unless the Parties otherwise agree in w riting. If City Attorney retires from full-time public service with t he City, City Attorney may provide six months' advance notice. City Attorney's actual retirement date will be mutually established. C. Termination & Removal 1. City Attorney is an at-will employee serving at the pleasure of the City Council as provided in Government Code Section 36506. 2. The City Council may remove City Attorney at any time, with or without cause, by a majority vote of its members. Notice of termination shall be provided to City Attorney in writing. Termination, as used in this section, shall also include a request by City Council for City Attorney to resign, a reduction in salary or other financial benefits of City Attorney, a material reduction in the powers and authority of City Attorney, or the elimination of City Attorney's position. Any such notice of terminat ion or act constituting termination shall be given at or effectuated at a duly noticed meeting of the City Council. 3. The City Attorney shall not be removed during the 120-day period preceding or following any City election for membership on the City Council, or during the 120-day period following any change in membership of the City Council, except upon unanimous vote of the City Council. 4. Given the at-will nature of the position of City Attorney, an important element of the employment agreement pertains to termination. It is in both the City's interest and that of City Attorney that any separation of City Attorney is done in a professional manner. The part ies agree that, except as otherwise required by law, any public statement made related to the separation will be made by mutual agreement. No further statements will be made. Should the City violate this provision, t he City shall compensate City Attorney in the amount of $5,000 per instance. -3 - Oct. 10, 2023 Item #1 Page 21 of 26 D. Severance Pay 1. In the event the City Council terminates this Agreement during such time as City Attorney is ready, willing and able to perform City Attorney's duties under this Agreement, the City agrees either to pay City Attorney a lump sum cash payment equal to 12 months' base salary and benefits in effect at the time of separation or to continue the City Attorney's base salary and benefits (i.e., health, dental, vision, deferred compensation) for a period of 12 months. This decision will be made upon mutual agreement of the parties. 2. The City shall extend to City Attorney the right to continue health insurance as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The City agrees to pay City Attorney's COBRA coverage for the same number of months for which City Attorney is entitled to a lump sum cash payment or until City Attorney either secures full-time employment or obtains other health insurance, whichever of these events first occurs. City Attorney shall notify the City within five days of securing new full-time employment or insurance. 3. In the event the City refuses, following written notice of non-compliance, to comply with any provision in this Agreement benefiting City Attorney, or City Attorney resigns following a suggestion, whether formal or informal, by a majority of the City Council that City Attorney resign, then City Attorney may, at City Attorney's option, be deemed to be terminated as of the date of such refusal to comply or suggestion to resign and this severance pay provision shall be actuated. 4. All payments required under this agreement are subject to and shall be interpreted to comply with the limitations set forth in Government Code Section 53260. 5. The Parties agree that if the City were to fail or refuse to promptly and fully provide and pay to City Attorney all of the severance and other benefits due upon termination as provided by this Agreement, City Attorney would sustain material damages. These damages could include, among other losses: the loss of the opportunity to transition employment, the loss of alternate employment opportunities, the loss of income, the loss of opportunities for retraining or further education, the erosion of personal investments and savings, the loss of retirement benefits, physical displacement or the loss of a residence, the loss of insurance and medical benefits, expenses for professional counseling, the loss of standard of living including educational opportunities for children, and the resultant emotional distress to City Attorney and City Attorney's family. These damages are, and will continue to be, impracticable and extremely difficult to ascertain. Accordingly, in the event that the City shall fail or refuse to promptly and fully provide and pay to City Attorney all of the severance benefits or other benefits due upon termination as provided by this Agreement, then the City shall pay to City Attorney, as liquidated damages, a lump -4 - Oct. 10, 2023 Item #1 Page 22 of 26 sum cash payment equal to 18 months' current base salary as provided above in addition to all other severance benefits provided by this Agreement. Any such payments shall constitute liquidated damages only and not additional severance pay or benefits subject to the provisions of Government Code Section 53260. E. Involuntary Resignation 1. In the event that the City Council formally or a majority of the City Council informally asks City Attorney to resign, then City Attorney shall be entitled to resign and still receive the severance benefits provided above. 2. City Attorney has relied upon the provisions of the Carlsbad Municipal Code upon entering into this Agreement, as it pertains to City Attorney's role, powers, duties, authority, responsibilities, compensation and benefits. If the City Council adds, deletes or amends the Carlsbad Municipal Code related to City Attorney's duties and responsibilities without the consent of City Attorney, and such addition, deletion or amendment is inconsistent with the terms of this Agreement and City Attorney's role, powers, duties, authority, responsibilities, compensation and benefits as currently provided, then City Attorney shall have the right, at City Attorney's sole discretion, to give the City Council notice that such amendment(s) constitute a request by the City Council for City Attorney's involuntary resignation. 3. Upon receipt of such notice the City Council shall have 30 days in which to do one of the following: a. rescind the amendment(s); b. renegotiate this Agreement to City Attorney's satisfaction; c. confirm that City Attorney is being asked to involuntarily resign; or d. take no action. If either c. or d. occurs, or the City is unable to accomplish b., then City Attorney shall be entitled to resign and still receive the severance benefits provided above. F. Separation for Cause 1. Notwithstanding the provisions above, City Attorney may be terminated for cause. As used in this section, "cause" shall mean only one or more of the following: a. Conviction of a felony; b. Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the City Attorney's duties; or -5 - Oct. 10, 2023 Item #1 Page 23 of 26 c. Failure or refusal to carry out lawful dut ies assigned to t he Ci t y Attorney. 2. If the City terminates City Attorney for cause, then the City may terminate this Agreement immediately, and City Attorney shall be entitled to only the compensation accrued up to the date of termination, payment s required by Section G below, and such other t ermination of benefits and payments as may be required by law. City Attorney shall not be entitled to any severance benefits provided above. 3. If the City terminates City Attorney for cause, the City and City Attorney agree that, except as otherwise required by law, neither Party shall make any written or oral statements to members of the public or the press concerning City Attorney's termination except in the form of a joint press release which is mutually agreeable to both Parties. The joint press release shall not contain any text or information that would be disparaging to either Party. Provided, however, that either Party may verbally repeat the substance of any such press release in response to inquiries by members of the press or public. G. Payment for Unused Leave Balance On separation from City employment, City Attorney shall be entitled to all benefits, rights, and privileges related to the payout of all unused leaves during the course of his employment with the City of Carlsbad . 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 $1,000 for the expense of owning, operating and maintaining and insuring her personal automobile. The 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 an additional insured. The amounts received under t his 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. The City Attorney shall be credited for twenty years of service credit in calculating leave accrual ra tes and City Attorney shall be permitted to earn and accrue up to 400 hours of vacation. All other actions taken by t he 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 in this Agreement, "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 (Cal PERS) benefits and payments, health insurance, -6 - Oct. 10, 2023 Item #1 Page 24 of 26 dental insurance, long-term disability insurance and life insurance as set forth in the Management Compensation and Benefits Plan and elsewhere. The City Attorney may elect to participate in any of the medical insurance programs offered by the City. The City will provide for a life insurance benefit of $500,000 for the City Attorney. 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 -STRATEGIC PLAN On October 11, 2022, the City Council approved its first 5-year strategic plan. It is the duty and responsibility of the City Attorney to provide necessary legal advice to assist the City Manager in ensuring the City follows the strategic plan in compliance with applicable laws and regulations. SECTION IX -PROFESSIONAL AND ORGANIZATIONAL DEVELOPMENT All normal business expenses, such as state and local bar association dues, attendance at League of California Cities conferences and committee meetings, League of California Cities City Attorney Department meetings, International Municipal Lawyers Association events, San Diego City Attorneys' Association meetings and conferences as well as business lunches, dinners, and the like, 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's strategic plan and goals and provide for the ongoing development of a high-performing organization. SECTION X -EFFECTIVE DATE The effective date of this Agreement is the date this Agreement is execu ted by all parties. SECTION XI -SEVERAB ILITV If any clause, sentence, part, section, or portion of t his Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement, and the -7 - remaining parts of this Agreement shall be fully binding and enforceable by the Parties. SECTION XII -NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows 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, CA 92008 CITY ATTORNEY Cindie K. McMahon City Hall 1200 Carlsbad Village Drive Carlsbad, CA 92008 IN WITNESS WHEREOF, the City and the City Attorney have caused this Agreement to be executed on \\�day of Oct. , 2023. CITY OF CARLSBAD A Municipal Corporation By (� Keith Blackburn, Mayor ATTEST: � By: fv Sherry Freisinger, City Clerk CITY ATTORNEY � (L. /vi�By: -----------­Cindie K. McMahon APPROVED AS TO FORM: By WQ)_� Ronald Kemp Sr. Assistant City Attorney - 8 -Oct. 10, 2023 Item #1 Page 25 of 26 Appointed Officials Salary Range Schedule Effective July 1, 2023 Monthly Salary Min Max City Manager --- 27,229.67 City Attorney --- 24,173.33 Attachment B Oct. 10, 2023 Item #1 Page 26 of 26 From: Sent: To: Subject: Follow Up Flag: Flag Status: Mary Real <anewday4me2020@gmail.com> Tuesday, October 10, 2023 12:11 PM City Clerk; Council Internet Email; Scott Chadwick; Geoff Patnoe; Kyle Lancaster; Suzanne Smithson; Mary Real Item 1 comments 10-10-2023 Carlsbad City Council meeting \ All Receive -Agenda Item#_ For the Information of the: Follow up Flagged COUNCIL ✓ Oat ') ✓ CC CM_ACM / DCM(3~ 1. CITY MANAGER AND CITY ATTORNEY EMPLOYMENT AGREEMENTS-1) Adoption of a resolution approving the amended and restated City Manager Employment Agreement with Scott Chadwick; The performance to date by Mr. Scott Chadwick under the direction of the City Council has been mediocre and has impacted the quality of life of people who want to use the Senior Center as Scott Chadwick has allowed department supervisors to make decisions without first evaluating how best to serve the public. The Park & Rec. Director Kyle Lancaster has delegated control of the Senior Center to others with no clear direction to the employees so that employees are doing whatever they can with the training (new young employees are not supervised or well trained so they do the best they can considering). The City manager is intelligent and has some experience in running a city but leaves the decisions to his staff with no review or discussion or supervision. Where is his expertise and skill in reviewing or supervising the Staff based on data? Is he doing his job or is he trying to keep his job by currying favor with the City Council to save money for the City? In any case, this lack of time (too busy with the Atty & Mayor) to do his job and oversee the best way to do something, should be addressed before any contracts are signed sealed and delivered in the interest of getting t he Best that Money can buy and allowing them to actually provide guidance to Staff as it is surely needed by all people. Kyle Lancaster has allowed previous Staff to abuse seniors, cut off services and get rid of equipment (costly mismanagement of money?) and in general not provide or "reflect facility and experience quality" that was the Gold Standard back in the day before "monetizing" or Cost Recovery became the Standard of the City Council. This waste of money and lack of standard supervision or discussion leaves a void at the Senior Center as the Park & Rec people can not even figure out how to respond to the seniors? Or maybe they do not care to talk to Seniors as suggestions have been made about posting responses to the Comment Cards and print the answers and post it on the bulleting board along with any other items of interest to seniors from AARP magazine instead of using the bulletin boards to adverse !). If Kyle Lancaster can not "figure it out" why didn't "Anybody" contact the City Manager for Help? It is Scott Chadwick's job to oversee the Staff isn't it? Please consider all aspects of the job before making a decision or allowing Mr. Scott Chadwick more time to evaluate ALL departments to upgrade the vague comments used as "goals" at the Senior Center. Thank you for your time, Mary Lucid en attachments or click on links unless ou reco nize the sender and know the content i 1 From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Mary Real <anewday4me2020@gmail.com> Tuesday, October 10, 2023 12:44 PM Council Internet Email; City Clerk; Scott Chadwick; Geoff Patnoe; Kyle Lancaster; Mary Real Item 1 Comments, Carlsbad City Council Mtg., 10-10-2023 image001 .jpg Follow up Flagged Attn: Mr Scott Chadwick: This is a copy of a letter sent to me, Mary Lucid Dear Ms. Lucid: I am responding to your Oct. 6, 2023 voicemail to me regarding the kiln and your request for an in-person meeting with me. Per your Fourth Notice of Suspension from the Carlsbad Senior Center Effective Immediately letter dated Aug. 30, 2021: "Effective August 30, 2021, Ms. Lucid shall send all comments, questions and concerns regarding the Parks & Recreation Department in writing to Recreation Services Manager Mike Pacheco [Mick Calarco], available at Mike.Pacheco@carlsbadca.gov [mick.calarco@carlsbadca.gov]. No other city employee will respond to Ms. Lucid's communications regarding the Parks & Recreation Department. Mr. Pacheco [Calarco] will only respond to Ms. Lucid via email or letter. No phone calls will be accepted. Mr. Pacheco [Calarco] will not respond to any communications from Ms. Lucid which violate the Senior Center Rules of Conduct or the City's Respectful Workplace and Non-Discrimination Policy, or for which a response has been previously provided. When Ms. Lucid is present at city facilities, city employees will continue to be courteous and professional. However, if Ms. Lucid has any comments, questions, or concerns about the Parks & Recreation Department, including Senior Center policies or services, employees will not respond, but may refer her to Mr. Pacheco [Calarco]. This protocol does not apply to Ms. Lucid's communications with the City Council, Public Records Act requests, or communications unrelated to the Parks & Recreation Department." 1 For any new issues or questions related to senior services, please send an email directly to me, and if a topic specific response hasn't been provided to you previously, I will respond via email. Thank you for bringing the kiln issue to my attention. While an error code (misfire) does occur, the kiln still works. A repair person has been contacted to address the display, and we expect to resolve this issue next week. Your statements regarding the kiln being non-operational were inaccurate, and a meeting is not needed. Best, Mick ~-L____J Mick Calarco he/him/his Recreation Services Manager Parks & Recreation Administration City of Carlsbad 799 Pine Ave. Suite 200 Carlsbad, CA 92008 www.carlsbadca.gov I mick.calarco@carlsbadca.gov 442-339-2859 (office) I 442-224-2516 (mobile) 2 To all Concerned about getting the Best Service and the Quality that YOU have been accustomed to hearing about or even participating in before Covid and Cost Recovery or Management People were more concerned with looking good than actually Serving Seniors or the Community at large, please evaluate what the City Mgr. and the City Atty., have actually accomplished before renewing the contracts or adjusting the directives the City Council wants for the benefit of the residents and visitors who pay money in property taxes and in buying things in Carlsbad. The problems with the Farmer's building have not been resolved nor has the plan to build a second senior center in the south Carlsbad area and higher pension costs have not been tackled by the Atty. and the City Manager. Do they have to be told how to manage or can they use their expertise and current best practices to make a decision or set goals to be accomplished? This letter shows how the City Atty. operates by extending a Suspension on a graduate of the Citizens Academy with no reasonable 'reason' to act so harshly except that She did not want to hear my comments. What City Manager allows assets to be removed by a Staff member with little experience in serving Seniors. Where was the oversight by Staff? The City Council can see that people talk to me and mention things that bother them that they can not get an 'answer' to from the Senior Staff who are all working on their computers and no One is the point person to answer their questions! Obviously, I listen and comment and bring it up so that others who are IGNORED by Staff who seem confused about who is in charge and what their duties are? This is unacceptable and I hope that the City Council and the Mayor and the City Mgr. and Atty. will correct abusive treatment to all seniors and loss of valuable equipment that has caused chaos will be resolved so that all are well served by the highly paid Staff. Why should the money that is supposedly budgeted for each department be unused so that it can revert to the general fund? Please fix these practices of short-changing the tax-payers and the users of the library and the senior center by upgrading your services not curtailing or ignoring the services to the general public? If you need an outside evaluation of the Library or Senior Center or review of the policy on abusing seniors, please spend some money on getting a professional and unbiased opinion on 3 Serving your People. Please fund a report and "tighten up" or lead by actually responding to seniors at the Senior Center and those who want the Library open on Sunday for more than 6 hours. Thanks for your consideration, Mary Lucid CAUTION: Do not open attachments or click on links unless nize the sender and know the content i safe. 4 From: Sent: To: Subject: Follow Up Flag: Flag Status: -----Original Message----- Council Internet Email Tuesday, October 10, 2023 1 :18 PM City Clerk FW: No for the stipend of $30,000 dollars for the City Councilman!!!!!! Follow up Flagged From: Carol Bechtloff <cbechtloffl@icloud.com> Sent: Tuesday, October 10, 2023 12:47 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: No for the stipend of $30,000 dollars for the City Councilman!!!!!! Carol and George Bechtloff 7056 Whitewater Street Carlsbad Ca 92011 Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 From: Council Internet Email Sent: To: Tuesday, October 10, 2023 1 :19 PM City Clerk Subject: FW: Pay raise for city council Follow Up Flag: Flag Status: -----Original Message----- Follow up Flagged From: Linda Wheeler <elwheeler4525@gmail.com> Sent: Tuesday, October 10, 2023 12:59 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Pay raise for city council I oppose giving any more money to the city manager Scott Chadwick. Enough is enough. His salary is above board and he does not need another pay increase. Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 From: Sent: To: Subject: Council Internet Email Tuesday, October 10, 2023 10:39 AM City Clerk FW: City Manager Salary and "Stipend" From: Susan Brown <susancove@sbcglobal.net> Sent: Tuesday, October 10, 2023 10:23 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: City Manager Salary and "Stipend" You've got to be kidding. l All Receive -Ac~nd.i Item # _ For the lnform.ition of the: I COUNpL /J LD 11 o,✓_ cc -,../-::J ACM _.J_ DCM (3) _ You need to know HOW MANY people are watching you and how you are allowing this. The salary is ALREADY ridiculous (especially compared to like positions and salaries). Shame on you. We're in a social group with over 300 other Carlsbad residents ... we are spreading this ridiculous mess you have created and continue to fuel far and wide. Eyes on each of you. STOP F ING OVER THOSE OF US YOU HAVE PLEDGED TO SERVE. GROW A BACKBONE. Unless you are somehow benefitting as well? Hmmmmm ... Stand up and explain yourselves. Pathetic. This will be a huge issue when you are up for reelection. Make no mistake. Time won't help you squirm out of this one. Your constituents are already so fed up with your monkey business how dare you throw this on top. Very sincerely yours Susan Brown Sent from AT&T Yahoo Mail on Android 1 From: Sent: To: Subject: Mary Real <anewday4me2020@gmail.com> Tuesday, October 10, 2023 11 :45 AM Council Internet Email; City Clerk; Scott Chadwick; Geoff Patnoe; Kyle Lancaster; Suzanne Smithson; Mary Real Item 1 Comments, Carlsbad City Council Mtg., 10-10-2023 1. CITY MANAGER AND CITY ATTORNEY EMPLOYMENT AGREEMENTS-1) Adoption of a resolution approving the amended and restated City Manager Employment Agreement with Scott Chadwick; and 2) Adoption of a resolution approving the amended and restated City Attorney Employment Agreement with Cindie K. McMahon The performance to date by Mr. Scott Chadwick under the direction of the City Council has been mediocre and has impacted the quality of life of people who want to use the library on Sundays as Scott Chadwick has allowed department supervisors to make decisions without first evaluating how best to serve the public.Other cities in the area have managed to serve the public without closing on Sundays. Most are open 6 to 7 hours so that families can enjoy time together. Here, at the convenience of the employees, a decision was made to allow complete closure on Sundays of all library facilities and expanding hours during the morning thru the week due to What data or just the convenience of staff? The City manager is intelligent and has some experience in running a city but leaves the decisions to his staff with no review or discussion or supervision. Where is his expertise and skill in reviewing or supervising the Staff based on data not just wanting banker's hours? Is he doing his job or is he trying to keep his job by currying favor with the City Council to save money for the City? In any case, this lack of time (too busy with the Atty & Mayor) to do his job and oversee the best way to do something, should be addressed before any contracts are signed sealed and delivered in the interest of getting the Best that Money can buy and allowing them to actually provide guidance to Staff as it is surely needed by all people. As I understand it only Jesus walked on water. Thank you for your time and consideration, Mary Lucid 1 From: To: Subject: Date: Manager Internet Email ~ FW: City Council Agenda Item #1 for October 10, 2023 Tuesday, October 10, 2023 10:08:35 AM Hi -This is correspondence related to tonight's Council Meeting. Thank you, Morgen From: jeanwalkerl@roadrunner.com <jeanwalkerl@roadrunner.com> Sent: Monday, October 9, 2023 4:09 PM To: Manager Internet Email <Manager@CarlsbadCA.gov>; Keith Blackburn <Keith.Blackburn@carlsbadca.gov>; Priya Bhat-Patel <Priya .Bhat-Patel@carlsbadca.gov>; Teresa Acosta <Teresa.Acosta@carlsbadca.gov>; Melanie Burkholder <Melanie.Burkholder@carlsbadca.gov>; Carolyn Luna <Carolyn.Luna@carlsbadca.gov> Subject: City Council Agenda Item #1 for October 10, 2023 Hi. My name is Jean Walker. I am a 19 year Carlsbad resident. I was very surprised to see increased compensation for the City Manager and City Attorney on the "consent calendar" for the October 10, 2023 City Council meeting. Any compensation increase is an issue that must be discussed publicly. Placing items other than the most mundane on the consent calendar is inappropriate. The issues involved with this "one time stipend" for $30,000 in increased compensation (not to mention the other benefits included in the item) were apparently discussed in closed session without public input. The City Manager received a salary increase in 2018, 2019 and 2021. The increase in 2021 (a nearly $20,000 raise) was made retroactive for the previous six months, when approved in December 2021. Less than a year later (July 2022}, the City Council approved a "one time" stipend which increased the City Manager's salary by an additional $15,000, for a total increase of nearly $35,000 within one year. Now, this "one time" stipend is becoming a "second time" stipend that covers that same $15,000 and adds on an additional $15,000. Since 2018, the City Manager's salary has increased from $295,581 to $356,321, which is a difference of $60,740 and overall a compensation increase of 20% over the last five years, two of which were Covid years. This is a tremendous increase without public input. The City Manager's office in 2023 decided to decrease the number of Concert in the Park events from nine events in 2018 to six events in 2023, which is a 30% decrease while his personal income increases 20%. The City Manager made no effort to find community partners for the Conce_rt in the Park series, which are wildly popular with residents throughout the city. There were several arguments made for the decrease in events, none of which truly pass muster. At a time when the City Manager is asking for a 20% raise over 5 years, the Cole Library has remained closed on Sundays as a "cost saving" measure. I understand the City Manager's raise would not cover the costs of running the Cole library on Sundays, but you know what would? That $2 million "forgivable loan " given to La Posada to run a "low bar" program that residents did not favor, but was provided at the suggestion of the City Manager. The City Manager insists that he needs additional staff, many of whom have salaries over $100,000 and that the only way to pay for it is with either a half cent sales tax increase or by allowing legal dispensaries in the city. The City Council responded by asking the City Manager to find a different revenue source, at which point the Concerts in the Park suddenly were decreased. Not surprisingly, recently the City hosted an event at the Senior Center regarding the medicinal value of marijuana for seniors, where most of the discussion revolved around the need for dispensaries in Carlsbad. I was very surprised to not see the City Manager at this event. Why the City Manager would promote events in support of dispensaries in Carlsbad after being clearly told dispensaries were not going to be considered as revenue streams is beyond my understanding. The City Manager's compensation package, including "one time" stipends which are now becoming "multiple time" stipends is something that needs public discussion. It should not have been placed on the consent calendar. As a resident, I am frustrated that the City Manager would try to deal with this issue in closed session and through "one time" loopholes. I am even more frustrated that the City Manager would believe he deserves a raise when he decreased the number of Concerts in the Park (likely in retaliation for not receiving the half cent sales tax increase he requested) and when Cole library remains closed on Sundays. The City Manager's decision to endorse a $2 million "forgivable loan" to Catholic Charities also created some of these budget issues. By the way, at the time that "forgivable loan" to Catholic Charities was approved, their Form 990's stated that they had $10 million available. They didn't need the loan anyway. Catholic Charities chose to ask the taxpayers in Carlsbad for a $2 million gift than use their own available funding for the project, and the City Manager agreed. Jean Walker CAUTION. Do not o en attachments or click on links unless sender and know the content is safe. From:Council Internet Email To:City Clerk Subject:FW: salary - Agenda Item #1 Date:Tuesday, October 10, 2023 10:38:13 AM -----Original Message----- From: Teri Freese <carter009@aol.com>Sent: Tuesday, October 10, 2023 9:29 AMTo: Council Internet Email <CityCouncil@carlsbadca.gov>Subject: salary Sent from my iPhonedear council members i am a73 year old women living in carlsbad for over 17 years this year alone my property taxes went up $2000dollars i am retired on fixed income how come you are paying mr chadwick extra money over and above his largesalary ? is this why my taxes are so high? stop and think about it before you give him more money thanks teri CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.