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HomeMy WebLinkAboutAGENDA REPORT 2023 0621 CCSA REG ITEM 09DCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 21, 2023 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2023- 4187. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. D. Consider Resolution Approving Amendment No. 5 to the Employment Agreement Between the City of Moorpark and City Manager Troy Brown. Staff Recommendation: Prior to a motion to adopt the Resolution approving Amendment No. 5 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. 5 to the Employment Agreement between the City and Troy Brown to make the following changes: Effective retroactively with the pay period beginning February 25, 2023, Mr. Brown shall receive a 5% cost-of- living adjustment, which will increase his annual base salary to $243,963.20 at an hourly rate of $117.29. Mr. Brown will also receive an additional 80 hours of annual leave effective on March 5, 2026, a one-time City Manager Leave balance of 120 hours that is not available for cash-out and must be used by March 5, 2024, and a one-time retention bonus of $15,000 if Mr. Brown remains employed by the City through March 5, 2026." Adopt Resolution No. 2023-4187 approving Amendment No. 5 to the Employment Agreement between the City of Moorpark and City Manager Troy Brown. (Staff: PJ Gagajena, Assistant City Manager) (ROLL CALL VOTE REQUIRED) Item: 9.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: PJ Gagajena, Assistant City Manager Kevin Ennis, City Attorney DATE: 06/21/2023 Regular Meeting SUBJECT: Consider Resolution Approving Amendment No. 5 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. Per the terms of the agreement, the City Council is required to conduct an annual evaluation of Mr. Brown’s performance within thirty (30) days of his anniversary date. The City Council commenced the evaluation process of Mr. Brown’s performance on February 15, 2023, and following a successful evaluation the agreement is hereby amended. Amendment No. 5 to Mr. Brown’s Employment Agreement makes the following changes to salary, leave times, and incentives: • Section 4.A., Base Salary – Base Salary is increased by 5% and amends the subsection to read in its entirety as follows: “Effective retroactively with the pay period beginning February 25, 2023, Employee shall receive an annual base salary of $243,963.20 at an hourly rate for accounting purposes of $117.29.” • Section 4.B.(2), Annual Leave – Eighty hours of additional annual leave time is granted beginning on March 5, 2026, and adds a new sentence at the end of the subsection to read as follows: “Effective March 5, 2026, Employee shall be granted an additional eighty (80) hours of annual leave that will be in addition to the annual leave amount accrued pursuant to other portions of this subpart (2).” • Section 4.B.(20), City Manager Leave – One-time City Manager Leave of 120 hours is granted, which must be used by March 5, 2024, and adds a new subsection to read as follows: “Employee shall be granted a one-time City Manager Leave balance of one hundred and twenty (120) hours to be used by March 5, 2024. This City Manager Leave is not eligible for cash out.” Item: 9.D. 111 Honorable City Council 06/21/2023 Regular Meeting Page 2 • Section 4.B.(21), Retention Bonus – A one-time retention bonus of $15,000 is granted if Mr. Brown remains employed by the City through March 5, 2026, and adds a new subsection to read as follows: “Employee shall be granted a one-time retention bonus of fifteen thousand dollars ($15,000) if Employee remains employed by the City through March 5, 2026.” Attached is the draft Resolution for approval of Amendment No. 5 to the Employment Agreement, which includes the draft of the proposed Amendment No. 5. 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 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. 5 to the Employee Agreement. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no environmental review is required. FISCAL IMPACT The estimated cost of the salary adjustment to the proposed Employment Agreement with the City Manager is $15,140, including benefits. This will be budgeted between Fiscal Years 2022/23 and 2023/24. The $15,000 retention bonus will be budgeted accordingly in Fiscal Year 2025/26 in case Mr. Brown meets those terms in the Employment Agreement. 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. 5 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. 5 to the Employment Agreement between the City and Troy Brown to make the following changes: Effective retroactively with the pay period beginning February 25, 2023, Mr. Brown shall 112 Honorable City Council 06/21/2023 Regular Meeting Page 3 receive a 5% cost-of-living adjustment, which will increase his annual base salary to $243,963.20 at an hourly rate of $117.29. Mr. Brown will also receive an additional 80 hours of annual leave effective on March 5, 2026, a one-time City Manager Leave balance of 120 hours that is not available for cash-out and must be used by March 5, 2024, and a one-time retention bonus of $15,000 if Mr. Brown remains employed by the City through March 5, 2026.” Adopt Resolution No. 2023-____ approving Amendment No. 5 to the Employment Agreement between the City of Moorpark and City Manager Troy Brown. Attachment: Draft Resolution No. 2023-____ including Amendment No. 5 to the Employment Agreement 113 ATTACHMENT RESOLUTION NO. 2023-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AMENDMENT NO. 5 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, on July 7, 2021, the City Council approved Resolution No. 2021-4025 approving Amendment No. 4 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. 5 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. 5 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 a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 21st day of June, 2023. ________________________________ Attest: Chris R. Enegren, Mayor ____________________________________ Ky Spangler, City Clerk Exhibit A: Amendment No. 5 to Employment Agreement between the City of Moorpark and Troy Brown 114 Resolution No. 2023-____ Page 2 AMENDMENT NO. 5 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND TROY BROWN This Amendment No. 5 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 21st day of June, 2023. 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 and EMPLOYEE entered into Amendment No. 4 to the 2018 Employment Agreement on July 7, 2021, for purposes of adjusting salary and compensation commencing July 1, 2021 and July 1, 2022; and WHEREAS, the City Council commenced its evaluation of the City Manager on February 15, 2023, and 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 retroactively with the pay period beginning February 25, 2023, Subsection 4.A, Base Salary is increased by 5% and is amended to read in its entirety as follows: “Base Salary. Effective retroactively with the pay period beginning February 25, 2023, Employee shall receive an annual base salary of $243,963.20 at an hourly rate for accounting purposes of $117.29.” EXHIBIT A 115 Resolution No. 2023-____ Page 3 SECTION 2. Subpart (2) (Annual Leave) of Subsection B of Section 4 is hereby amended to add a new sentence at the end of that subpart to read as follows: “Effective March 5, 2026, Employee shall be granted an additional eighty (80) hours of annual leave that will be in addition to the annual leave amount accrued pursuant to other portions of this subpart (2).” SECTION 3. Subparts (20) and (21) are hereby added to Subsection B of Section 4 to read in their entirety as follows: “(20) City Manager Leave. Employee shall be granted a one-time City Manager Leave balance of one hundred and twenty (120) hours to be used by March 5, 2024. This City Manager Leave is not eligible for cash out.” “(21) Retention Bonus. Employee shall be granted a one-time retention bonus of fifteen thousand dollars ($15,000) if Employee remains employed by the City through March 5, 2026.” SECTION 4. Except as amended by this Amendment No. 5, all of the other provisions of the Employment Agreement, as previously amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, and Amendment No. 4 shall remain in full force and effect. CITY OF MOORPARK EMPLOYEE By:______________________________ By:_______________________________ Chris R. Enegren, Mayor Troy Brown, City Manager Attest: _________________________________ Ky Spangler, City Clerk 116