HomeMy WebLinkAbout2021-12-14; City Council; Resolution 2021-283RESOLUTION NO. 2021-283
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 $22,172, AND MAKING CORRESPONDING AMENDMENTS
TO THE APPOINTED OFFICIALS SALARY SCHEDULE
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California, desires to approve the Amended
and Restated City Attorney Employment Agreement with Celia A. Brewer in Attachment A; and
· WHEREAS, the Amended and Restated City Attorney Employment Agreement increases the City
Attorney's annual base salary from $298,947 to $318,379 per year, as further set forth in Attachment
A;anq
. WHEREAS, the City Council desires to amend the Appointed Officials Salary Range Schedule to
indicate the City Attorney's new maximum monthly salary.
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 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 Celia A. Brewer on behalf of the
City of Carlsbad.
4. That, effective July 1, 2021, the Appointed Officials Salary Range Schedule is amended
to indicate the maximum monthly salary for the City Attorney is $26,531.58.
5. That the fiscal year 2021-22 impact of $22,172 will be funded by the existing Genera[
Fund budget.
Dec. 14, 2021 Item #8 Page 3 of 9
CITY OF CARLSBAD AMENDED AND RESTATED
CITY ATTORNEY EMPLOYMENT AGREEMENT
Attachment A
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
City 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 City Council adopted Resolution No. 2013-008
e,stablishing an Employment Agreement with Celia A. Brewer as City Attorney, effective
January 22, 2013; and
WHEREAS, on January 28, 2014, the City 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 City 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 City 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 City Council adopted Resolution 2017-080 that
amended and restated the employment agreement by authorizing an increase in salary; and
WHEREAS, on September 10, 2019, the City Council adopted Resolution 2019-168 that
a.mended and restated the employment agreement by authorizing an increase in salary and an
increase in the amount of vehicle allowance; and
I
WHEREAS, the City 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
Dec. 14,2021 Item #8 Page 5 of 9
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.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
Parties agree as follows:
SECTION I -DUTIES
The City Council hereby agrees to the continued employment of Celia A. Brewer as City ·
Attorney and to exercise the powers, duties and responsibilities set forth in Carlsbad Municipal
Cpde 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
ehiployment 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 -COMPENSATION
A. Base Salary
Effective as of July 1, 2021, the annual base salary for the City Attorney shall be $318,379,
which shall be paid bi-weekly, $12,245.35 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
b:oards or commissions that assemble and require the services of General Counsel.
B. Deferred Comp·ensation
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.
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Dec.14,2021 Item #8 Page 6 of 9
SECTION IV -SEPARATION FROM EMPLOYMENT
111 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 arid health benefits (i.e. health, dental
and vision) for a period of twelve months or, upon mutual agreement, pay a single lump sum
payment equal to one (1) year base salary.
SECTION V -VEHICLE ALLOWANCE OR PROVISION OF VEHICLE
The City Attorney's functions and duties require her to have use of an automobile during her
er,ployment 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
r¢lating 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 approvaf of this Agreement, holidays, retirement (Cal 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.
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Dec.14,2021 Item #8 Page 7 of 9
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.
S!:CTION IX -PROFESSIONAL AND ORGANIZATIONAL DEVELOPMENT
All normal business expenses, such as attendance at the League of California Cities, the League
of California Cities City Attorney Department meetings, IMLA, San Diego City Attorneys'
Association meetings and conferences as well as business lunches, dinners, etc., will be
provided for separately in the operating budget of the City Attorney's Office. The City Council
continues to support and encourage continuing development and professionalism of the City
organization and its employees. As such, the City Council supports the City Attorney's
organizational development efforts, including but not limited to, employee development,
department development, and organization-wide development. These efforts shall support the
City Council Vision and Goals and provide for the ongoing development of a high-performing
organization.
SECTION X -EFFECTIVE DATE
The effective date of this Agreement is July 1, 2021, 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 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
0ec.14,2021
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CITY ATTORNEY
Celia A. Brewer
City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
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