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HomeMy WebLinkAboutCC AG PKT 2014-08-11 #C pF SEAS' AGENDA STAFF REPORT DATE: August 11, 2014 TO: Honorable Mayor and City Council FROM: Steven L. Flower, City Attorney SUBJECT: AMENDED AND RESTATED CITY MANAGER AND EXECUTIVE MANAGEMENT EMPLOYMENT AGREEMENTS SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6496 approving amendments to employment agreements with the City Manager, Assistant City Manager, Director of Community Development, Director of Public Works, Director of Finance/City Treasurer, Chief of Police, and Marine Safety Chief. BACKGROUND AND ANALYSIS: Currently, City Council conducts a performance evaluation of the City Manager on an annual basis. Section 6 of the City Manager's employment agreement reads: "6. ANNUAL EVALUATIONS AND SALARY REVIEW. On or before June 30 of each year, the City Council shall conduct an evaluation of Employee's performance. During that evaluation, the City Council and Employee shall mutually establish performance goals and objectives to be met by Employee during the following year. In addition, the City Council shall review Employee's salary and benefits as part of the evaluation process and may do so at any other time." Pursuant to Council direction, we have prepared an amended and restated City Manager employment ayreement which will change the date of the evaluation each year from June 30t to March 1St or such later date as the parties mutually agree. The amended and restated City Manager employment agreement shall state: "6. ANNUAL EVALUATIONS AND SALARY REVIEW. On or before March 1 or each year or such later date as the parties mutually agree, the City Council shall conduct an evaluation of Employee's performance. During that evaluation, the City Council and Employee shall mutually establish performance goals and objectives to be met by Employee during the following year. In addition, the City Council shall Agenda Item C review Employee's salary and benefits as part of the evaluation process and may do so at any other time." Furthermore, Council directed staff to amend the employment agreements for the City Manager, Assistant City Manager, Director of Community Development, Director of Public Works, Director of Finance/City Treasurer, Chief of Police, and Marine Safety Chief. Specifically, the section dealing with employee initiated termination. Presently, Section 9, Paragraph C of the employment agreements reads: .C. Employee Initiated Termination. Employee may terminate this Agreement by providing City 90 days' prior written notice." Pursuant to Council direction, we have prepared an amended and restated the employment agreements which will change the number of days of written notice from 90 days to 30 days. The amended and restated employment agreements shall state: "C. Employee Initiated Termination. Employee may terminate this Agreement by providing City 30 days' prior written notice." All other terms and provisions of the Agreement shall remain in full force and effect. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed the agreements and approved as to form. FINANCIAL IMPACT: There is no impact to the budget. RECOMMENDATION: That the City Council adopt Resolution No. 6496 approving amendments to employment agreements with the City Manager, Assistant City Manager, Director of Community Development, Director of Public Works, Director of Finance/City Treasurer, Chief of Police, and Marine Safety Chief. Attachments: A. Resolution B, Amended & Restated Agreements (7) Page 2 RESOLUTION NUMBER 6496 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENTS TO EMPLOYMENT AGREEMENTS WITH THE CITY MANAGER, ASSISTANT CITY MANAGER, DIRECTOR OF COMMUNITY DEVELOPMENT, DIRECTOR OF PUBLIC WORDS, DIRECTOR OF FINANCE/CITY TREASURER, CHIEF OF POLICE, AND MARINE SAFETY CHIEF THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: SECTION 1. The City Council hereby approves that Amendment No. 1 dated August 11, 2014 to the Amended and Restated Employment Agreement between the City of Seal Beach and Jill R. Ingram. The Mayor shall execute the Amendment on behalf of the City. SECTION 2. The City Council hereby approves that Amendment No. 1 dated August 11, 2014 to the Employment Agreement between the City of Seal Beach and Patrick Gallegos. The City Manager shall execute the Amendment on behalf of the City. SECTION 8. The City Council hereby approves that Amendment No. 1 dated August 11, 2014 to the Employment Agreement between the City of Seal Beach and Jim Basham. The City Manager shall execute the Amendment on behalf of the City. SECTION 4. The City Council hereby approves that Amendment No. 1 dated August 11, 2014 to the Employment Agreement between the City of Seal Beach and Sean Crumby. The City Manager shall execute the Amendment on behalf of the City. SECTION 5. The City Council hereby approves that Amendment No. 1 dated August 11, 2014 to the Amended and Restated Employment Agreement between the City of Seal Beach and Victoria L. Beatley. The City Manager shall execute the Amendment on behalf of the City. SECTION 6. The City Council hereby approves that Amendment No. 1 dated August 11, 2014 to the Employment Agreement between the City of Seal Beach and Joe Stilinovich. The City Manager shall execute the Amendment on behalf of the City. SECTION 7. The City Council hereby approves that Amendment No. 1 dated August 11, 2014 to the Employment Agreement between the City of Seal Beach and Joe Bailey. The City Manager shall execute the Amendment on behalf of the City. SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution. (intentionally Left Blank) Resolution Number 6496 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of August 2014 by the following vote-. AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mayor ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF SEAL BEACH 1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6496 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 11th day of August , 2014. City Clerk AMENDMENT NO. 1 TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT between R 4 A CD cp 2 IVY N City of Seal Beach 211 ® 8th Street Seal Beach, CA 90740 Jill R. Ingram 211® 8th Street Seal Beach, CA 90740 This Amendment No. 1, dated August 11, 2014, amends that certain Amended and Restated Employment Agreement ("Agreement") dated July 1, 2013 between the City of Seal Beach, a California charter city ("City") and Jill R. Ingram, an individual ("Employee"). 1 RECITALS A. City and Employee are parties to the Agreement, pursuant to which Employee serves as City Manager for City. B. City and Employee wish to amend the Agreement to as provided herein. AMENDMENT NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 6 of the Agreement is hereby amended to read as follows: 6. ANNUAL EVALUATIONS AND SALARY REVIEW. On or before March 1 of each year or such later date as the parties mutually agree, the City Council shall conduct an evaluation of Employee's performance. During that evaluation, the City Council and Employee shall mutually establish performance goals and objectives to be met by Employee during the following year. In addition, the City Council shall review Employee's salary and benefits as part of the evaluation process and may do so at any other time. Section 2. Section 8, Paragraph C of the Agreement is hereby amended to read as follows: "C. Employee Initiated Termination. Employee may terminate this Agreement by providing City 30 days' prior written notice." Section 3. All other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested: CITY OF SEAL BEACH EMPLOYEE By: By: Ellery A. Deaton, Mayor I Jill R. Ingram ' Attest: By: Linda Devine, City Clerk Approved as to Form: By: Steven L. Flower, City Attorney 2 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT between OF SEA( B �� \��pRPORgjFFq�y o Q �C` 9 27 C�UNTy GP City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Joe Bailey 211- 8th Street Seal Beach, CA 90740 This Amendment No. 1, dated August 11, 2014, amends that certain Employment Agreement ("Agreement") dated June 24, 2013 between the City of Seal Beach, a California charter city ("City") and Joe Bailey, an individual ("Employee"). 1 RECITALS A. City and Employee are parties to the Agreement, pursuant to which Employee serves as Marine Safety Chief for City. B. City and Employee wish to amend the Agreement as provided herein. AMENDMENT NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 9, Paragraph C of the Agreement is hereby amended to read as follows: "C. Employee Initiated Termination. Employee may terminate this Agreement by providing City 30 days' prior written notice." Section 2. All other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested: CITY OF SEAL BEACH EMPLOYEE By: By: Jill R. Ingram, City Manager Joe Baile Attest: By: Linda Devine, City Clerk Approved as to Form: By: Steven L. Flower, City Attorney 2 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT between � SEAI A;- 27 City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Jim Basham 211- 8th Street Seal Beach, CA 90740 This Amendment No. 1, dated August 11, 2014, amends that certain Employment Agreement ("Agreement") dated June 24, 2013 between the City of Seal Beach, a California charter city ("City") and Jim Basham, an individual ("Employee"). 1 RECITALS A. City and Employee are parties to the Agreement, pursuant to which Employee serves as Community Development Director for City. B. City and Employee wish to amend the Agreement as provided herein. AMENDMENT NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 9, Paragraph C of the Agreement is hereby amended to read as follows: "C. Employee Initiated Termination. Employee may terminate this Agreement by providing City 30 days' prior written notice." Section 2. All other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested: CITY OF SEAL BEACH EMPL Y E By: By: Jill R. Ingram, City Manager Jim Basham Attest: By: Linda Devine, City Clerk Approved as to Form: By: Steven L. Flower, City Attorney 2 AMENDMENT NO. 1 TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT between �F SEAL 9 �y\�cOP0A4;- F Ar CD ¢ 1 o � /lG'�'�9FA 27 CpUNT City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Victoria L. Beatley 211- 8th Street Seal Beach, CA 90740 This Amendment No. 1 , dated August 11 2014, amends that certain Amended and Restated Employment Agreement ("Agreement") dated June 24, 2013 between the City of Seal Beach, a California charter city ("City") and Victoria L. Beatley, an individual ("Employee"). 1 RECITALS A. City and Employee are parties to the Agreement, pursuant to which Employee serves as Director of Finance/City Treasurer for City. B. City and Employee wish to amend the Agreement as provided herein. AMENDMENT NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 9, Paragraph C of the Agreement is hereby amended to read as follows: "C. Employee Initiated Termination. Employee may terminate this Agreement by providing City 30 days' prior written notice." Section 2. All other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested: CITY OF SEAL BEACH EMPLOYEE 1 By: By: lam` Jill R. Ingram, City Manager Victoria L. Beatley Attest: By: Linda Devine, City Clerk Approved as to Form: By: Steven L. Flower, City Attorney 2 AMENDMENT . 1 TO between SEA1 ' RPORgjF U0 City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Sean Crumby 211- 8th Street Seal Beach, CA 90740 This Amendment No. 1, dated August 11, 2014, amends that certain Employment Agreement ("Agreement") dated June 24,,_2013 between the City of Seal Beach, a California charter city ("City") and Sean Crumby, an individual ("Employee"). 1 RECITALS A. City and Employee are parties to the Agreement, pursuant to which Employee serves as Director of Public Works for City. B. City and Employee wish to amend the Agreement as provided herein. AMENDMENT NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 9, Paragraph C (Term) of the Agreement is hereby amended to read as follows: "C. Employee Initiated Termination. Employee may terminate this Agreement by providing City 30 days' prior written notice." Section 2. All other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested: CITY OF SEAL BEACH EMPLOYEE By: By: _ Jill R. Ingram, City Manager Sean Crumby Attest: By: Linda Devine, City Clerk Approved as to Form: By: Steven L. Flower, City Attorney 2 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT between �F S EAI �� \�ooRPOAgTF�q�y o Q F F 9 2 C V NT City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Patrick Gallegos 211- 8th Street Seal Beach, CA 90740 This Amendment No. 1 , dated August 11 , 2014, amends that certain Employment Agreement ("Agreement") dated April 28, 2014 between the City of Seal Beach, a California charter city ("City") and Patrick Gallegos, an individual ("Employee"). 1 RECITALS A. City and Employee are parties to the Agreement, pursuant to which Employee serves as Assistant City Manager for City. B. City and Employee wish to amend the Agreement as provided herein. AMENDMENT NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 9, Paragraph C of the Agreement is hereby amended to read as follows: "C. Employee Initiated Termination. Employee may terminate this Agreement by providing City 30 days' prior written notice." Section 2. All other terms and provisions of the Agreement shall remain in -full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested: CITY OF SEAL EACH EMPLOYEE By: By- PaA��� 4d&tVg_ Jill R. Ingram, City Manager Patrick Gallegos Attest- By: Linda Devine, City Clerk Approved as to Form- By: Steven L. Flower, City Attorney 2 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT between SEAJ 27 U0 City of Seal each 211 - 8th Street Seal Beach, CA 90740 Joe Stilinovich 211- 8th Street Seal Beach, CA 90740 This Amendment No. 1, dated August 11 , 2014, amends that certain Employment Agreement ("Agreement") dated June 24, 2013 between the City of Seal Beach, a California charter city ("City") and Joe Stilinovich, an individual ("Employee"). 1 RECITALS A. City and Employee are parties to the Agreement, pursuant to which Employee serves as Chief of Police for City. B. City and Employee wish to amend the Agreement as provided herein. AMENDMENT NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows: Section 1. Section 9, Paragraph C of the Agreement is hereby amended to read as follows: I.C. Employee Initiated Termination. Employee may terminate this Agreement by providing City 30 days' prior written notice." Section 2. All other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested: CITY OF SEAL BEACH EMPLOYEE By: By: Jill R. Ingram, City Manager Joe Stilinovich Attest: By: Linda Devine, City Clerk Approved as to Form: By: Steven L. Flower, City Attorney 2