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HomeMy WebLinkAboutAGENDA REPORT 2018 0502 CCSA REG ITEM 09B MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Deborah Traffenstedt, Assistant City Manager Kevin G. Ennis, City Attorney DATE: April 26, 2018 (CC Regular Meeting of 5/2/2018) SUBJECT: Consider Adoption of a Resolution Approving Amendment No. 1 to Employment Agreement between the City of Moorpark and Troy Brown, Clarifying Relocation/Temporary Housing/Travel Expenses BACKGROUND On February 7, 2018 the City entered into an Employment Agreement (the “Agreement”) with Troy Brown (“Employee”) for the position of City Manager. The Effective Date of the Agreement was March 3, 2018, and Employee’s first day of work was March 5, 2018. The City and Employee have determined that the provisions in the Agreement regarding relocation and temporary housing expenses did not accurately reflect the intent of the parties, and now desire to have those provisions clarified through approval of the proposed Amendment No. 1 (“Amendment”) to the Agreement. The total amount of salary and compensation will not change as a result of the proposed amended language in one subsection of the Agreement. DISCUSSION Subsection 4.B(11), Relocation/Temporary Housing/Travel Expenses, of the Agreement provides, in relevant part, that the City will reimburse Employee for the actual and reasonable cost of: (i) travel expenses incurred following full execution of this Agreement to visit Moorpark for Employee to prepare for and commence employment and for Employee to investigate housing options; (ii) moving Employee (including his family) and personal property from Northern California to a location within the corporate limits of the City of Moorpark and (iii) temporary housing for Employee and his family within the corporate limits of the City of Moorpark. Additionally, subsection 4.B(11) includes time limits for incurring expenses and submitting reimbursement requests. The City and Employee desire that the Agreement reflect the true intent of the parties that expenses under subpart (i) above include travel expenses of his immediate family, that subpart (ii) be clarified to include moving expenses only of Employee and his immediate family, and that subpart (iii) be clarified to permit reimbursement for temporary housing expenses incurred outside the City of Moorpark. As an example of Item: 9.B. CITY OF MOORPARK, CALIFORNIA City Council Meeting of May 2, 2018 ACTION Approved staff recommendation. Adopted Reso. No. 2018-3698 BY M. Benson 13 Honorable City Council May 2, 2018, Regular Meeting Page 2 the need for a temporary housing expense to occur outside of the City of Moorpark, there is currently no hotel in Moorpark. The City and Employee also desire that the language in subsection 4.B(11) pertaining to the time periods for incurring and submitting reimbursement requests be revised, including changing the time for submitting reimbursement requests from sixty (60) days to one hundred twenty (120) days of the close of the month in which they are incurred, to allow all eligible reimbursement requests to be submitted following execution of the proposed Amendment to the Agreement. A resolution to approve the Amendment to the Agreement is attached to this agenda report, including the proposed Amendment as Exhibit A. Legislative format is included in Exhibit A to show the text revisions to subsection 4.B(11) that are summarized in this report. An oral report consistent with Section 54953(c)(3) of the Government Code and Section 2.5 of the City Council Rules of Procedure pertaining to a recommendation for a final action on the salary or compensation paid in the form of fringe benefits of a local agency executive is not required prior to a motion to approve, because the benefits and compensation in the City Manager’s Employment Agreement will not increase with the proposed Amendment. The “not to exceed $20,000” compensation amount in subsection 4.B(11), Relocation/Temporary Housing/Travel Expenses, has not been changed. FISCAL IMPACT The proposed Amendment would have no fiscal impact, because the total amount to which Employee is entitled under the Agreement for relocation, temporary housing, and travel expenses would not change. The proposed Amendment does not increase Employee’s total salary and compensation. STAFF RECOMMENDATION Adopt Resolution No. 2018-____, and authorize the Mayor to sign Amendment No. 1 to the Employment Agreement. Attachment: Resolution No. 2018-___ approving Amendment No. 1 to the Employment Agreement between the City of Moorpark and Troy Brown (includes Exhibit A: Amendment No. 1 to the Employment Agreement between the City of Moorpark and Troy Brown) 14 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING AMENDMENT NO. 1 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, Subsection 4.B(11) of the Employment Agreement currently provides, in relevant part, that the City will reimburse Employee for the “actual and reasonable cost, not to exceed $20,000, of (i) travel expenses incurred following full execution of this Agreement to visit Moorpark for Employee to prepare for and commence employment and for Employee to investigate housing options; (ii) moving Employee (including his family) and personal property from Northern California to a location within the corporate limits of the City of Moorpark and (iii) temporary housing for Employee and his family within the corporate limits of the City of Moorpark”; and WHEREAS, the City and Employee have determined that the provisions in the Employment Agreement regarding relocation and temporary housing expenses do not accurately reflect the intent of the parties, and that the time periods for eligible expenses and reimbursement should be revised, and now desire to have those provisions clarified through an amendment to the Employment Agreement; and WHEREAS, the City and Employee desire that Subsection 4.B(11) of the Employment Agreement reflect the true intent of the parties that expenses under subpart (i) include expenses of Employee’s immediate family, that subpart (ii) be clarified to include moving expenses only of Employee and his immediate family, that subpart (iii) be clarified to include temporary housing expenses incurred outside the City of Moorpark, and that the time periods for incurring and submitting reimbursement requests be revised, as shown in Amendment No. 1 to Employment Agreement, attached hereto as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves Amendment No. 1 to Employment Agreement between the City of Moorpark and Troy Brown, attached hereto as Exhibit A. 15 Resolution No. 2018- Page 2 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 2nd day of May, 2018. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A: Amendment No. 1 to Employment Agreement between the City of Moorpark and Troy Brown 16 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND TROY BROWN This Amendment No. 1 to the February 7, 2018 Employment Agreement (“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 _____ day of May, 2018. 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 have determined that the provisions in the Employment Agreement regarding relocation and temporary housing expenses do not accurately reflect the intent of the parties, and now desire to have those provisions clarified through an amendment to the Employment Agreement; WHEREAS, Subsection 4.B(11), Relocation/Temporary Housing/Travel Expenses, of the Employment Agreement is proposed to be amended; and WHEREAS, this Amendment No. 1 to the 2018 Employment Agreement does not increase EMPLOYEE’s total salary and/or compensation. NOW, THEREFORE, it is mutually agreed by and between the parties to amend the Employment Agreement as follows: Section 1. Subsection 4.B(11), Relocation/Temporary Housing/Travel Expenses, of the Employment Agreement is replaced in its entirety as follows, with the approved changes shown through the use of legislative format: “(11) Relocation/Temporary Housing/Travel Expenses. Employer will reimburse Employee for the actual and reasonable cost, not to exceed $20,000.00, of: (i) travel expenses incurred following full execution of this Agreement to visit Moorpark for Employee to prepare for and commence employment and for Employee and his immediate family to investigate housing options; (ii) moving Employee (including his immediate family) and personal property from Northern California to a location within the corporate limits of the City of Moorpark and (iii) temporary housing for Employee and his immediate family within the corporate limits of the City of Moorpark. Moving expenses include packing, moving, temporary storage costs (if necessary), travel, unpacking and insurance charges. To be eligible for reimbursement, expenses must be incurred and submitted withinno later than six (6) months of the Effective Date and supported by documentation meeting Employer’s normal requirements. Reimbursable temporary housing expenses will not include utilities or refundable deposits. In addition to other requirements, all reimbursement requests must be madesubmitted to the Finance 05/__/2018 Amendment No. 1 to Employment Agreement between City of Moorpark and Troy Brown Page 1 17 Director within sixtyone hundred twenty (6120) days of the close of the month in which they are incurred.” Section 2. Except as revised by this Amendment No. 1, all of the other provisions of the Employment Agreement shall remain in full force and effect. CITY OF MOORPARK TROY BROWN By:_______________________________ By:_______________________________ Janice Parvin, Mayor Troy Brown, City Manager Attest: __________________________________ Maureen Benson, City Clerk 05_/2018 Amendment No. 1 to Employment Agreement between City of Moorpark and Troy Brown Page 2 18