HomeMy WebLinkAboutResolution 2017-134 N.C.S. 09/11/2017Resolution No. 2017 -134 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
APPROVING THE FIFTH AMENDMENT TO THE AT -WILL AGREEMENT
FOR EMPLOYMENT OF CITY MANAGER AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, CITY and City Manager (the Parties) entered an At -Will Agreement for
Employment of City Manager dated February 7, 2008 and effective April 1, 2008; and,
WHEREAS, the Agreement has been amended four times, to: correct and clarify certain
provisions; implement a temporary 18 -month pay cut; specify all benefits rather than reference
the Unit 8 Compensation Plan; increase annual Compensation; modify Administrative Leave,
Vacation Leave, and Health Benefits provisions to provide certain compensatory cost reductions;
and to extend the term of the Agreement; and
WHEREAS, the Parties desire to amend the Agreement to require the City Manager to
pick -up a three (3) percent share of the City's cost of his PERS retirement benefits, and to
increase the Manager's base wage by three (3) percent, to $222,810; and
WHEREAS, the PERS pick -up and base wage adjustment shall only be effective upon
adoption of a contract amendment with CalPERS; and
WHEREAS, the Parties further desire to increase to 112 hours annually the City
Manager's Administrative Leave accrual, and to provide the Manager with the same Disability
and Vision coverages as is available for all other city employees;
WHEREAS, the City Council and City Manager John C. Brown agree to the changes in
the terms of Employment, Compensation, and Benefits relating to the position of City Manager
as set forth in the Fifth Amendment to the At -Will Agreement for Employment of City Manager
attached and incorporated herein as Exhibit A.
Resolution No. 2017 -134 N.C.S. Page 1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby approves the Fifth Amendment to the At -Will Agreement for Employment of
City Manager, attached as Exhibit A and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council of the City of Petaluma hereby
authorizes the Mayor to execute said Agreement.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the - Approved a to °w
Council of the City of Petaluma at a Regular meeting on the 1 11h day of September, form:.
2017, by the following vote:
City Attorne z
AYES: Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
it), Clerk
Mayor
Resolution No, 2017 -134 N.C.S. Page 2
EXHIBIT A
FIFTH AMENDMENT TO THE AT -WILL
AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
This Amendment is made and entered into this day of September 2017, by and between
the City of Petaluma, California, a charter city, ( "the CITY ") and John C, Brown ( "City
Manager "). The City and the City Manager do hereby agree to amend the Agreement as
provided:
Section 9, "Compensation," paragraph (a), is amended to read as follows:
Compensation:
a. Base Salary. City agrees to pay City Manager an annual base salary of $216,320,
payable in installments at the same time that the other employees of the CITY are paid.
Effective the first payroll following the adoption of a contract amendment with CalPERS
and concurrent with City Manager paying an additional three percent (3 %) towards
PERS retirement, City Manager shall receive a 3% base wage increase and shall be paid
an annual base salary of $222,810.
The introductory paragraph in Section 15, "Administrative Leave," and paragraph (a) in
that same section, are amended to read as follows:
15. Administrative Leave,
City Manager shall be credited with one hundred twelve (112) hours of administrative
leave each fiscal year.
a. Carry Forward of Leave. City Manager may carry forward up to forty (40) hours of
unused administrative leave into the next fiscal year. City Manager may not maintain
balances of more than one hundred and fifty -two (152) hours in any fiscal year. Carry
forward administrative leave may only be taken as paid time off, has no cash value, and
shall not be included in the totals subject to payment under Section 5 (d).
Section 18, Disability, Health, and Life Insurance, paragraph (c), is amended to read as
follows:
18. Disability Health and Life Insurance:
C. CITY agrees to have in force and make required premium payments for City
Manager's participation in the CITY's current group disability plan. Currently that Plan is
provided through CIGNA, and replaces 60% of annual earnings, to a maximum of $5,000
per month after being disabled for sixty (60) days.
4. Section 19, "Retirement," paragraph (f), is added to read as follows:
19. Retirement:
f. Effective the first payroll following the adoption of a contract amendment with
CaIPERS, City Manager shall pay an additional three percent (3 %) towards PERS
retirement. The City Manager is a "Classic" employee, and this three percent (3 %) is
added to the current seven percent (7 %) employee share, for a total contribution of ten
percent (10 %). The parties shall work collaboratively to expedite formal adoption of a
Resolution No, 2017 -134 N.C.S. Page 3
contract amendment with CalPERS to reflect this cost - sharing agreement under which
the employee is paying a portion of the employer contribution to PERS.
EXHIBIT 1, "HEALTH- RELATED BENEFITS," Item 11, "Vision Insurance" is amended to read as
follows:
11. Vision Insurance
CITY shall provide a vision plan for City Manager and eligible dependents, The cost shall
be paid for by the City. City Manager and his eligible dependents are eligible for eye
exams every twelve (12) months with a twenty -five ($25.00) deductible. Frames are
available every twelve (12) months with a maximum benefit of one - hundred - eighty
dollars ($180.00), standard lenses are available every twelve months at 100 percent of
cost; progressive lenses are available every 12 months with a $55 -175 co -pay, medically
necessary contact lenses are available every 12 months at 100 percent of cost, and
cosmetic contact lenses are available every twelve (12) months up to a maximum
allowance of one hundred -eight dollars ($180).
Except as otherwise stated herein, all other terms of the Agreement remain in full force and
effect.
CITY MANAGER
CITY
By: By
John C. Brown, City Manager David Glass, Mayor
DATED: DATED:
ATTEST:
Claire Cooper, City Clerk
APPROVED AS TO FORM:
Eric W. Danly, City Attorney
Resolution No. 2017 -134 N.C.S. Page 4