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HomeMy WebLinkAbout4.8 - 2820 CM Contract Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 3, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Ratification of City Manager’s Employment Agreement & City’s Salary Plan Prepared by: Lauren Quint, Assistant City Attorney EXECUTIVE SUMMARY: The Council will consider ratification of the Fifth Amendment to City Manager’s Employment Agreement and the City’s Salary Plan. STAFF RECOMMENDATION: Ratify Fifth Amendment to City Manager’s Employment Agreement and ratify the Resolution Amending the Salary Plan. FINANCIAL IMPACT: Sufficient funding is available in the Fiscal Year 2019 -2020 Budget. DESCRIPTION: On March 19, 2019, the City Council appointed an Agency Negotiating Team, consisting of Councilmembers Arun Goel and Jean Josey to meet with the City Manager to discuss terms and conditions of employment. Since that time, the Committee discussed with the City Manager terms and conditions of employment. As a result of those discussions, the City’s Agency Negotiating Team recommended that the Council approve an employment agreement with the City Manager that is the same as the current agreement with the exception of the following provisions: 1. Increase the City Manager’s base salary from $2 5,261 per month to $25,514 per month; The revision in base pay would be effective May 1, 2019 2. Lump Sum General Leave Advance of 70 hours; 3. Increasing the General Leave Cap from 600 to 700 hours. Included in the City’s personnel system are Resolutio ns that address salary ranges for full-time and part-time personnel. The attached Resolution (Attachment 3) is the amendment to the City’s Salary Plan for full-time personnel establishing a flat monthly Page 2 of 2 salary for the position of City Manager effective May 1, 2019, in conformity with the contract amendment. On August 20, 2019, the City Council voted to approve and authorize the Mayor to execute the Fifth Amendment to City Manager’s Employment Agreement and adopt the Resolution Amending the Salary Plan. California Government Code section 54953 requires every legislative body of a local agency to orally report a summary of proposed actions on salaries, salary schedules, or fringe benefits of executive-level employees before approval. To assure compliance with state law, the City Council will be asked to ratify the City Manager’s contract amendment and City’s Salary Plan after receiving the required report. STRATEGIC PLAN INITIATIVE: N/A NOTICING REQUIREMENTS/PUBLIC OUTREACH: Noticing not required. ATTACHMENTS: 1. August 20, 2019 Staff Report w/out Attachments 2. City Manager Agreement Amendment 5 3. Reso 84-19 Amending City Manager Salary Plan Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: August 20, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: City Manager’s Employment Agreement Prepared by: Agency Negotiating Team (City Councilmembers Arun Goel and Jean Josey) EXECUTIVE SUMMARY: The City Council will consider the Fifth Amendment to City Manager’s Employment Agreement. STAFF RECOMMENDATION: Approve and authorize the Mayor to execute the Fifth Amendment to City Manager’s Employment Agreement and Adopt the Resolution Amending Salary Plan. FINANCIAL IMPACT: Sufficient funding is available in the Fiscal Year 2019-2020 Budget. DESCRIPTION: On March 19, 2019, the City Council appointed an Agency Negotiating Team, consisting of Councilmembers Arun Goel and Jean Josey to meet with the City Manager to discuss terms and conditions of employment. Since that time, the Committee has discussed with the City Manager terms and conditions of employment. As a result of those discussions, the City’s Agency Negotiating Team is recommending that the City Council approve an employment agreement with the City Manager that is the same as the current agreement with the exception of the following provisions: 1. Increase the City Manager’s base salary from $25,261 per month to $25,514 per month; The revision in base pay would be effective May 1, 2019; 2. Lump Sum General Leave Advance of 70 hours; 3. Increasing the General Leave Cap from 600 to 700 hours. Salary Plan Amendment Included in the City’s personnel system are Resolutions that address salary ranges for full-time and part-time personnel. The attached Resolution (Attachment 3) is a proposed amendment to the City’s Salary Plan for full-time personnel which would establish a flat 4.8 Packet Pg. 106 Page 2 of 2 monthly salary for the position of City Manager effective May 1, 2019, in conformity with the proposed contract amendment. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Fifth Amendment to City Manager's Employment Agreem ent 2. City Manager's Employment Agreement (including previous Amendments) 3. Resolution Amending Salary Plan 4.8 Packet Pg. 107 ATTACHMENT 1 FIFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND CHRISTOPHER L. FOSS FOR EMPLOYMENT AS CITY MANAGER This FIFTH AMENDMENT is made and entered into this 1st day of May, 2019, by and between the CITY OF DUBLIN, a Municipal Corporation, and hereinafter referred to as the “CITY”, and CHRISTOPHER L. FOSS, hereinafter referred to as “CITY MANAGER”. Recitals A. CITY and CITY MANAGER are parties to an Employment Agreement, dated February 18, 2014, as amended on June 2, 2015, August 16, 2016, September 5, 2017, and November 20, 2018 (the “AGREEMENT”). B. Following the 2019 Annual Performance Evaluation of CITY MANAGER, the parties desire to amend the AGREEMENT to increase the City Manager’s base salary by one percent (1%). C. The parties also wish to adjust the CITY MANAGER’S leave allowance. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree to amend The Agreement as follows: 1. Section III.A.1. (a) of the Agreement is amended to read as follows: “(a) Commencing on May 1, 2019 the salary for the position of City Manager shall be $25,514 per month. The City agrees to reevaluate the salary following the performance evaluation described in Section II.D.2 (a) above.” 2. Section III.B.2 (a) of the Agreement is amended to read as follows: “(a) City Manager shall receive thirty-eight (38) days of general leave on May 1, 2017 and each May 1 thereafter so long as the Agreement remains in effect. Such leave shall be subject to the same rules applicable to the miscellaneous general City employees, except that City Manager maximum general leave accrual limit shall be seven-hundred (700) hours. Annually on April 26 each year, City Manager may elect to be compensated for any unused general leave granted the previous year not to exceed 184 hours.” 4.8.a Packet Pg. 108 Attachment: 1. Fifth Amendment to City Manager's Employment Agreement (Amendment to City Manager’s Employment Agreement) ATTACHMENT 1 3. Section III.B.2 (d) of the Agreement is added to read as follows: “(d) One-Time Grant of Leave “City Manager shall receive seventy (70) hours of general leave on May 1, 2019.” 4. Except as amended herein, the Agreement shall remain in full force and effect, as amended. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By: _________________________ _________________________ Mayor David Haubert Christopher L. Foss ATTEST: ______________________________ Caroline Soto, City Clerk 4.8.a Packet Pg. 109 Attachment: 1. Fifth Amendment to City Manager's Employment Agreement (Amendment to City Manager’s Employment Agreement) 4.8.b Packet Pg. 110 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 111 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 112 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 113 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 114 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 115 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 116 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 117 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 118 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 119 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 120 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 121 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 122 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 123 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 124 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 125 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 126 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 127 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment 4.8.b Packet Pg. 128 Attachment: 2. City Manager's Employment Agreement (including previous Amendments) (Amendment to City Manager’s Employment RESOLUTION NO. 84— 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE SALARY PLAN WHEREAS, in accordance with the City's Personnel System Rules, the City Council adopted Resolution No. 86-01 and subsequent Resolutions which comprise the Salary Plan. NOW, THEREFORE, BE IT RESOLVED that the position of City Manager shall be covered under Article I, Section A of the Plan: BE IT FURTHER RESOLVED that said position shall be paid a flat monthly rate within the salary plan as follows: City Manager(Contract): $25,514 (flat rate) BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for the City of Dublin; and that the changes contained herein shall be effective May 1, 2019. PASSED, APPROVED AND ADOPTED this 20th day of August 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert NOES: ABSENT: ABSTAIN: 4/ Mayor ATTEST: Z‘ gif4/ City Clerk Reso 84-19, Adopted 8/20/2019, Item 4.8 Page 1 of 1