City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: September 16, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-58, a Joint Resolution Approving Amendment No. 1 to the Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Electric Utility Executive Director Services with Carmen Gil
RECOMMENDATION
It is recommended that the City Council/Successor Agency/Successor Housing Agency/Gonzales Electric Authority/Gonzales Municipal Electric Utility consider and adopt Resolution No. 2024-58, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/Board of the Successor Housing Agency/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving Amendment No. 1 to the Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Municipal Electric Utility Executive Director Services with Carmen Gil.
BACKGROUND
After conducting a thorough recruitment in 2023, the City/Successor Agency/Successor Housing Agency/Electric Authority/Municipal Electric Utility (hereafter collectively “City”) entered into an Employment Agreement (“Agreement”) with Carmen Gil in June of 2023 for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Municipal Electric Utility Executive Director (“Manager”) services. Pursuant to Section 9 of the Agreement, the City Council performed and completed a review of the City Manager’s job performance on August 5, 2024, and thereafter considered a proposed change to the Agreement. After tentatively agreeing to the modification, the Council directed the City Attorney to prepare an Agreement Amendment for subsequent consideration and approval this evening.
AGENDA
ITEM
19 REVIEW AND ANALYIS
The proposed Amendment No. 1 to the Agreement addresses only one issue: an increase to the Manager’s administrative spending authority from $5,000 to $50,000. This change is meant to coordinate with the Council’s recent adoption of Ordinance No. 2024-146 which changed the bidding threshold for the purchase of supplies and equipment set forth in Gonzales City Code Chapter 3.16-Purchasing Procedures to $50,000. This change will allow the Manager to purchase needed supplies and equipment costing less than $50,000 without bidding. As was noted at the time of the adoption of Ordinance No. 2024-146, all expenditures in excess of $5,000 will still be reported to the Council and appear on warrant lists considered and approved at Council regular meetings.
With the exception of the change referenced above, all of the other provisions of the Manager’s Agreement, which is now in the second year of a two-year term, will remain in full force and effect.
Staff has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA Guidelines Section 15378) and requires no further analysis.
Explain Recommendation and How it Supports the Vision.
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: Allowing the City Manager to utilize the new $50,000 no-bid spending threshold will assist City Staff and management to ensure that the City’s vision will continue to be supported by efficient and timely purchases of necessary equipment and supplies.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____No ____NA
Explain: See above.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. Yes ___No _X_NA Explain: See above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes ____ No X NA
• Housing Yes ____ No X NA
• Recreation Yes ____ No X NA
• Environment Yes ____ No X NA
• Education Yes ____ No X NA
Explain: NA.
ALTERNATIVES
• Adopt Resolution No. 2024-58.
• Do not adopt the proposed Resolution and provide Staff with direction.
This is not recommended as the Council has already given preliminary approval of the content of Amendment No. 1 to the Agreement and directed that an amendment be prepared to effectuate the above-referenced change.
BUDGET IMPACT
There is no direct financial impact associated with the modification to the Manager’s Agreement. All purchases will still need to be made within approved budgets.
CONCLUSION
It is recommended that City Council consider and thereafter adopt Resolution No. 2024-58, A Joint Resolution of the City Council of the City of Gonzales/City Council as Board to the Successor Agency to the Gonzales Redevelopment Agency/City Council as Board to the Successor Housing Agency/Board of the Gonzales Electric Authority/Board of the Gonzales Municipal Electric Utility Approving Amendment No. 1 to the Employment Agreement for City Manager/Successor Agency Director/Successor Housing Agency Executive Director/Gonzales Electric Authority Executive Director/Gonzales Municipal Electric Utility Executive Director Services with Carmen Gil.
PUBLIC NOTICE
N/A.
Attachments:
1. Resolution No. 2024-58