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HomeMy WebLinkAboutAGENDA REPORT 2024 0403 CCSA REG ITEM 09DCITY OF MOORPARK, CALIFORNIA City Council Meeting of April 3, 2024 ACTION ADOPTED RESOLUTION NO. 2024-4230. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. D. Consider Resolution Approving Amendment No. 6 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. 6 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. 6 to the Employment Agreement between the City and Troy Brown that effective retroactively with the paycheck dated March 15, 2024, Mr. Brown shall receive an annual base salary of $263,972.80 at an hourly rate of $126.91." Adopt Resolution No. 2024-4230 approving Amendment No. 6 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: 04/03/2024 Regular Meeting SUBJECT: Consider Resolution Approving Amendment No. 6 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 21, 2024, and following a successful evaluation and completion of negotiations over the terms of a proposed amendment of the Agreement, Amendment No. 6 to Mr. Brown’s Employment Agreement is presented for approval by the City Council. Amendment No. 6 makes the following change to salary provisions in his Agreement: •Section 4.A., Base Salary – Mr. Brown’s Base Salary is increased through an amendment to this subsection so that it to reads in its entirety as follows: “Effective retroactively with the paycheck dated March 15, 2024, Employee shall receive an annual base salary of $263,972.80 at an hourly rate for accounting purposes of $126.91.” Note that Mr. Brown’s employment anniversary date with the City of Moorpark is annually on March 3. However, the City processes salary increases during the pay period where the anniversary date falls, which in this case is retroactive to the pay period beginning February 23, 2024, and with the paycheck dated March 15, 2024. Attached is the draft Resolution for approval of Amendment No. 6 to the Employment Agreement, which includes the draft of the proposed Amendment No. 6. 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 Item: 9.D. 55 Honorable City Council 04/03/2024 Regular Meeting Page 2 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. 6 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 $20,009.60, not including benefits. This will be budgeted between Fiscal Years 2023/24 and 2024/25. Note the original terms of the salary adjustment was $20,000 but the hourly rate required to be rounded up to $126.91. This resulted in an additional $9.60 to the final annual salary. 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. 6 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. 6 to the Employment Agreement between the City and Troy Brown that effective retroactively with the paycheck dated March 15, 2024, Mr. Brown shall receive an annual base salary of $263,972.80 at an hourly rate of $126.91.” Adopt Resolution No. 2024-____ approving Amendment No. 6 to the Employment Agreement between the City of Moorpark and City Manager Troy Brown. Attachment: Draft Resolution No. 2024-____ including Amendment No. 6 to the Employment Agreement 56 ATTACHMENT RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AMENDMENT NO. 6 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, on June 21, 2023, the City Council approved Resolution No. 2023- 4187 approving Amendment No. 5 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. 6 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. 6 to the Employment Agreement between the City of Moorpark and Troy Brown, attached hereto as Exhibit A. 57 Resolution No. 2024-____ Page 2 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 3rd day of April, 2024. ________________________________ Attest: Chris R. Enegren, Mayor ____________________________________ Ky Spangler, City Clerk Exhibit A: Amendment No. 6 to Employment Agreement between the City of Moorpark and Troy Brown 58 Resolution No. 2024-____ Page 3 AMENDMENT NO. 6 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND TROY BROWN This Amendment No. 6 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 3rd day of April, 2024. 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 and EMPLOYEE entered into Amendment No. 5 to the 2018 Employment Agreement on June 21, 2023, for purposes of adjusting salary, benefits and incentives commencing February 25, 2023; and WHEREAS, the City Council commenced its evaluation of the City Manager on February 21, 2024, and has completed its annual review of EMPLOYEE’s performance on March 6, 2024, 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 paycheck dated March 15, 2024 period beginning February 24, 2024, Subsection 4.A, Base Salary is increased and is amended to read in its entirety as follows: Exhibit A 59 Resolution No. 2024-____ Page 4 “Base Salary. Effective retroactively with the paycheck dated March 15, 2024 period beginning February 24, 2024, Employee shall receive an annual base salary of $263,972.80 at an hourly rate for accounting purposes of $126.91.” SECTION 2. Except as amended by this Amendment No. 6, all of the other provisions of the Employment Agreement, as previously amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5 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 60