Published in the Star News, Friday, August 25, 2023
AGENDA REPORT
Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, September 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:
Verbal Report-Out of Salary and Benefits in the Employment Agreement of the Interim City Manager as Required by the Brown Act
RECOMMENDATION:
Consider Adoption of the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Appointing Benjamin Martinez as Interim City Manager and Authorizing the Mayor to Execute an Employment Agreement between the City of National City and Benjamin Martinez with the Effective Date of August 2, 2023”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Brown Act requires that the salary and benefits of Executive Employees are read aloud prior to the Adoption of the Resolution Appointing Interim City Manager and Approving the Employment Agreement pursuant to Government Code Section 54953 (c)(3).
FINANCIAL STATEMENT:
Account No. 001-403-000-1 (Personnel Services)
Funding for this position is included in the fiscal year City Manager Personnel Services budget.
No additional appropriations are required.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Report Out of Salary and Benefits of Interim City Manager Exhibit B – Interim City Manager Agreement - 2023 Martinez Exhibit C - Resolution
[To be read aloud prior to Adoption of Resolution Approving Employment Agreement] Report Out of Salary and Benefits of
Interim City Manager
Government Code Section 54953 (c)(3)
The following is a summary of the salary and benefits to be received by the Interim City Manager:
Effective August 2, 2023 until City appoints a permanent City Manager.
$ 240, 204 annual salary.
$750.00 per month for Vehicle Allowance.
10 paid fixed holidays per year.
9 days of Administrative Leave per year.
Vacation accrued at the rate of 13.33 hours per month. Employee life insurance of $150,000.
Availability of Health and Dental Insurance.
Participation in CalPERS Retirement System.
Retiree health benefit of $20 per month for each year of service. Right to return to prior permanent position.
RESOLUTION NO. 2023 –
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPOINTING BENJAMIN MARTINEZ AS INTERIM CITY MANAGER AND AUTHORIZING
THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF
NATIONAL CITY AND BENJAMIN MARTINEZ WITH THE EFFECTIVE DATE OF AUGUST 2, 2023.
WHEREAS, Benjamin Martinez was working in the capacity of Acting Director of Community Development and was selected as Interim City Manager for the City of National City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows:
SECTION 1. Benjamin Martinez is hereby appointed to the position of Interim City Manager for the City of National City effective
SECTION 2. In consideration of Mr. Martinez acceptance of the appointment made hereinabove, the City Council hereby approves the following employment terms and conditions:
A. Commencement of Employment
August 2, 2023 is hereby designated as the date of commencement of Benjamin Martinez duties to serve as Interim City Manager.
B. Salary / Compensation
The base salary to be paid to Benjamin Martinez for his services as Interim City Manager shall be $ 240,204 annually and $750.00 per month for vehicle allowance payable in accordance with the City’s customary payroll practices.
C. Benefits
In addition to base salary, Benjamin Martinez shall receive such other benefits as are provided to the Executive Group of the City, including holidays, vacation leave, executive leave, sick leave, and insurance and retirement benefits.
SECTION 3. The Mayor is hereby authorized to execute an Employment Agreement between the City of National City and Benjamin Martinez, attached to the Agenda Report as Exhibit B, until the City appoints a permanent City Manager or unless sooner terminated by the Employer or Employee as provided in Section 9, 10 or 11 of the Agreement. Said Agreement is on file in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of September, 2023
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney