Staff Report – First Amendment to Employment Contract with Daniel Barros Page 1 of 2
STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Christopher J. Diaz, City Attorney
MEETING DATE: October 23, 2024
SUBJECT: First Amendment to Employment Contract for City Manager
RECOMMENDATION
Staff recommends that the City Council adopt the following:
RESOLUTION APPROVING FIRST AMENDMENT TO EMPLOYMENT CONTRACT WITH
DANIEL BARROS TO PROVIDE FOR A SALARY ADJUSTMENT PURSUANT TO CEQA GUIDELINE 15378
COUNCIL ADOPTED VALUES
T
he City Council’s action in considering a salary adjustment for the City Manager is consistent with the value of fairness as the City Council recently provided raises to all Town employees and providing a similar salary adjustment for the City Manager is a fair thing to do.
BA
CKGROUND
On October 9, 2024, the City Council met in closed session to negotiate a salary adjustment for the City Manager. At the conclusion of those negotiations, the City Council directed staff to return with a contract amendment to increase the City Manager’s salary by 3.8% consistent with the initial increase recently provided to all other Town employees. The City Council asked that this number be rounded to $250,000 for their consideration.
ANALYSIS
On April 26 2023, the Town of Colma retained the firm of Ralph Andersen & Associates (“Ralph Andersen”) to recruit candidates for the position of City Manager. Ralph Andersen conducted a nationwide search and presented over two dozen applications to the City Council for its consideration. The City Council interviewed a short list of candidates and after evaluating the applications and conducting two interviews, the City Council expressed a desire to appoint Daniel Barros as City Manager, subject to formal appointment and approval of an employment agreement.
ITEM #9
Staff Report – First Amendment to Employment Contract with Daniel Barros Page 2 of 2 Shortly thereafter, on July 26, 2023, the City Council adopted a resolution appointing Daniel Barros as City Manager and approving an employment agreement to be effective on August 21, 2023. The City Manager has been serving in that role since that time without any adjustment in salary.
More recently, the City Council approved salary increases for all Town employees, with some exceptions, with an initial increase in salary of 3.8%. Consistent with other Town employees, the City Council has also asked to consider an increase in salary for the City Manager of 3.8%. The City Manager’s current annual salary is $240,000 and a 3.8% increase would adjust the salary by $9,120 to $249,120. The City Council asked that this number be rounded to $250,000 for their consideration.
Consistent with the City Council’s recent direction to staff in closed session, a first amendment to the City Manager’s employment contract has been prepared adjusting the salary from $240,000 per year to $250,000 per year. If the City Council desires to adjust the City Manager’s salary to $250,000 then it should proceed with adoption of the resolution approving the first amendment to the City Manager’s employment contract. This change would be effective upon adoption of the resolution and execution of the first amendment.
FISCAL IMPACT
Adjusting the City Manager’s salary will have a financial impact on the Town of $10,000 per year.
However, sufficient funds are included in the FY 2024-2025 budget to allow for this adjustment.
ENVIRONMENTAL
The City Council’s action in adjusting the City Manager’s salary is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378 as this action is a government al fiscal activity without any commitment to any specific project which may result in a potentially significant impact on the environment.
ALTERNATIVES
The City Council could choose not to adopt the resolution adjusting the City Manager’s salary.
However, the City Council specifically provided direction to staff seeking the preparation of the first amendment adjusting the City Manager’s salary, so if the City Council is inclined to change course, an additional closed session to negotiate those changes may be warranted.
CONCLUSION
The City Council should adopt the resolution approving the first amendment to the City Manager’s employment contract to provide a salary adjustment.
ATTACHMENTS
A. Resolution
B. First Amendment
C. Employment Contract
Res. 2024-__, First Amendment to Employment Contract with Dan Barros Page 1 of 1 RESOLUTION NO.
OF THE CITY COUNCIL OF THE TOWN OF COLMA
RE
SOLUTION APPROVING FIRST AMENDMENT TO
EMPLOYMENT CONTRACT WITH DANIEL BARROS TO PROVIDE FOR A SALARY ADJUSTMENT PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby resolve as follows:
1. Background
(a) On July 26, 2023, the City Council adopted a resolution appointing Daniel Barros as City Manager and approving an employment agreement to be effective on August 21, 2023. (b) The City Council now seeks to amend the City Manager’s contract to adjust his base salary by $10,000 subject to approval of an amendment to the employment contract.
2. Order
(a) The First Amendment to the employment contract between the Town of Colma and Dan Barros, a copy of which is on file with the City Clerk, shall be and hereby is approved by the City Council of the Town of Colma.
(b) The Mayor shall be, and hereby is, authorized to execute this First Amendment on behalf of the Town of Colma, with such technical amendments as may be deemed appropriate by the Mayor and the City Attorney.
Certification of Adoption
I certify that the foregoing Resolution No. 2024-___ was duly adopted at a regular meeting of the City Council of the Town of Colma held on October 23, 2024, by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
John Irish Goodwin, Mayor
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
Joanne F. del Rosario
Voting Tally
D
ated ______________________ ___________________________________ John Irish Goodwin, Mayor
At
test: ____________________________
Michelle Estabillo, City Clerk
ATTACHMENT A
25977.00100\42811428.1
First Amendment to Employment Contract with Daniel Barros Page 1 of 1
FIRST AMENDMENT TO
EMPLOYMENT CONTRACT WITH DANIEL BARROS
This First Amendment is made and entered into on October 23, 2024 by and between the Town of Colma, a municipal corporation and general law city (“Employer”), and Daniel Barros (“Employee”), who are sometimes individually referred to as a "Party" and collectively as "Parties" in this First Amendment.
(a) On July 26, 2023, the City Council adopted a resolution appointing Daniel Barros as City Manager and approving an employment agreement to be effective on August 21, 2023.
(b) The City Council now seeks to amend the City Manager’s contract to adjust his base salary by $10,000.
NOW, THEREFORE, BASED ON THE MUTUAL PROMISES AND CONSIDERATION S
CONTAINED IN THIS FIRST AMENDMENT AND THE CONTRACT, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. Subsection (a) of Section 4, “Salary and Benefits,” of the Contract is hereby modified as follows:
(a)
Salary. Employer shall pay Employee a salary of $250,000 per year, which shall be s
ubject to all appropriate deductions and withholdings, and which shall be paid at the same time and in the same manner as salaries are usually paid to Miscellaneous Employees of the Town.
Execution. In Witness thereof, the parties hereto have signed this First Amendment on the respective dates shown below and this First Amendment and the Contract constitutes the entire Agreement between the Parties.
D
ated: ___________________ _________________________________ Dan Barros, Employee
D
ated: __________________ TOWN OF COLMA (Employer)
By
_______________________________
John Irish Goodwin, Mayor
ATTACHMENT B
ATTACHMENT C