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Home My WebLink AboutAGENDA REPORT 2021 0707 CCSA REG ITEM 09FCITY OF MOORPARK,  CALIFORNIA City Council Meeting of July 7, 2021 ACTION THE MAYOR MADE AN ORAL SUMMARY REPORT. ADOPTED RESOLUTION NO. 2021-4025. (ROLL CALL VOTE: UNANIMOUS. BY B. Garza. F. Consider Resolution Approving Amendment No. 4 to the Employment Agreement Between the City of Moorpark and City Manager Troy Brown. Staff Recommendation: 1) Adopt Resolution No. 2021-4025 approving Amendment No. 4 to the Employment Agreement between the City of Moorpark and City Manager Troy Brown. (ROLL CALL VOTE REQUIRED) (Staff: PJ Gagajena) Item: 9.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: PJ Gagajena, Assistant City Manager Kevin Ennis, City Attorney DATE: 07/07/2021 Regular Meeting SUBJECT: Consider Resolution Approving Amendment No. 4 to the Employment Agreement Between the City of Moorpark and City Manager Troy Brown BACKGROUND AND DISCUSSION On February 7, 2018, the City of Moorpark and City Manager Troy Brown entered into an Employment Agreement that set forth employment terms. Amendment No. 4 to Mr. Brown’s Employment Agreement will amend Section 4.A. related to base salary so that Mr. Brown receives the same salary adjustments granted to the City’s Non-Competitive Service management employees. Amendment No. 4 makes the following changes to Mr. Brown’s base salary: a) Effective with the first full pay period commencing on or after July 1, 2021, Mr. Brown shall receive a 2% cost-of-living allowance, which will result in an annual base salary of $227,780.80 and increase his hourly rate to $109.51. He will also receive a 2% one-time payment of $4,555.62. b) Effective with the first full pay period commencing on or after July 1, 2022, Mr. Brown shall receive a 2% cost-of-living allowance, which will result in an annual base salary of $232,336.00 and increase his hourly rate to $111.70. Attached is the draft Resolution for approval of Amendment No. 4 to the Employment Agreement, which includes the draft of the proposed Amendment No. 4. GOVERNMENT CODE SECTION 54953(c)(3) ANNOUNCEMENT Consistent with Section 54953(c)(3) of the Government Code, the Mayor, Mayor Pro Tempore, or other presiding officer shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in Section 3511.1(d) of the Government Code, during the open regular meeting in which the final action is to be taken and prior to the motion to approve. The City Manager is considered a local agency executive per the Item: 9.F. 310 Honorable City Council 07/07/2021 Regular Meeting Page 2 State law definition (which includes a chief executive officer, a deputy and assistant chief executive officer, a department head, and a position held by an employment contract), therefore an oral report is required prior to approval of the attached Resolution approving Amendment No. 4 to the Employee Agreement. FISCAL IMPACT The fiscal impact of the salary adjustment and one-time payment to the proposed Employment Agreement with the City Manager is $9,027.62 in Fiscal Year 2021/22 and $4,555.20 for the salary adjustment in Fiscal Year 2022/23. These will be incorporated into the budget for this fiscal year and next fiscal year. COUNCIL GOAL COMPLIANCE This action does not support a current strategic objective. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Prior to a motion to adopt the Resolution approving Amendment No. 4 to the Employment Agreement between the City of Moorpark and Troy Brown, the Mayor shall make an oral summary report for compliance with Section 54953(c)(3) of the Government Code as follows: “Staff is recommending the City Council approve Amendment No. 4 to the Employment Agreement between the City and Troy Brown to make the following changes to Mr. Brown’s base salary: Effective with the first full pay period commencing on or after July 1, 2021, Mr. Brown shall receive a 2% cost-of-living allowance, which will result in an annual base salary of $227,780.80 and increase his hourly rate to $109.51. He will also receive a 2% one-time payment of $4,555.62; and effective with the first full pay period commencing on or after July 1, 2022, Mr. Brown shall receive a 2% cost-of-living allowance, which will result in an annual base salary of $232,336.00 and increase his hourly rate to $111.70.” Adopt Resolution No. 2021-____ approving Amendment No. 4 to the Employment Agreement between the City of Moorpark and City Manager Troy Brown. Attachment: Draft Resolution No. 2021-____ including Amendment No. 4 to the Employment Agreement 311 ATTACHMENT RESOLUTION NO. 2021-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND TROY BROWN WHEREAS, on February 7, 2018, the City Council approved Resolution No. 2018- 3669, which appointed Troy Brown as Moorpark City Manager effective March 3, 2018, and approved an Employment Agreement in connection therewith; and WHEREAS, on May 2, 2018, the City Council approved Resolution No. 2018-3698 approving Amendment No. 1 to the Employment Agreement between the City of Moorpark and Troy Brown; and WHEREAS, on June 6, 2019, the City Council approved Resolution No. 2019-3817 approving Amendment No. 2 to the Employment Agreement between the City of Moorpark and Troy Brown; and WHEREAS, on June 3, 2020, the City Council approved Resolution No. 2020-3921 approving Amendment No. 3 to the Employment Agreement between the City of Moorpark and Troy Brown; and WHEREAS, pursuant to this Resolution, the City Council intends to approve Amendment No. 4 to the Employment Agreement between the City of Moorpark and Troy Brown. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves Amendment No. 4 to the Employment Agreement between the City of Moorpark and Troy Brown, attached hereto as Exhibit A. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause it to be filed in the book of original resolutions. PASSED AND ADOPTED this 7th day of July, 2021. _______________________________ Janice S. Parvin, Mayor Attest: _________________________________ Ky Spangler, City Clerk Exhibit A: Amendment No. 4 to Employment Agreement between the City of Moorpark and Troy Brown 312 Resolution No. 2021-____ Page 2 AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND TROY BROWN This Amendment No. 4 to the February 7, 2018 Employment Agreement, as previously amended, (“Employment Agreement”) between the CITY OF MOORPARK, a California municipal corporation and general law city (“the CITY”), and TROY BROWN (“EMPLOYEE”), an individual, is made and entered into this 7th day of July, 2021. RECITALS WHEREAS, on February 7, 2018, the CITY and EMPLOYEE entered into an Employment Agreement for the Non-Competitive Service, at-will position of City Manager; and WHEREAS, the CITY and EMPLOYEE entered into Amendment No. 1 to the 2018 Employment Agreement on May 3, 2018; and WHEREAS, the CITY and EMPLOYEE entered into Amendment No. 2 to the 2018 Employment Agreement on June 6, 2019, for purposes of adjusting salary and making other adjustments; and WHEREAS, the CITY and EMPLOYEE entered into Amendment No. 3 to the 2018 Employment Agreement on June 3, 2020, to remove the fixed term of the Agreement; and WHEREAS, the City Council has completed its annual review of EMPLOYEE’s performance and the parties desire to make certain changes to the Employment Agreement; and NOW, THEREFORE, it is mutually agreed by and between the parties to amend the Employment Agreement as follows: SECTION 1. Effective July 7, 2021, Subsection 4.A, Base Salary is amended to read in its entirety as follows: “Base Salary. Effective with the first full pay period commencing on or after July 1, 2021, Employee shall receive the same 2% cost-of-living allowance and 2% one-time payment granted to the City’s Non-Competitive Service management employees. This will result in an annual base salary of $227,780.80 and an hourly rate for accounting purposes of $109.51, along with a one-time payment of $4,555.62. Effective with the first full pay period commencing on or after July 1, 2022, Employee shall also receive the same 2% cost- of-living allowance granted to the City's Non-Competitive Service management employees. This will result in an annual base salary of $232,336.00 and an hourly rate for accounting purposes of $111.70.” EXHIBIT A 313 Resolution No. 2021-____ Page 3 SECTION 2. Except as revised by this Amendment No. 4, all of the other provisions of the Employment Agreement, as previously amended by Amendment No. 1, Amendment No. 2, and Amendment No. 3 shall remain in full force and effect. CITY OF MOORPARK EMPLOYEE By:______________________________ By:_______________________________ Janice S. Parvin, Mayor Troy Brown, City Manager Attest: _________________________________ Ky Spangler, City Clerk 314