CITY OF POMONA
COUNCIL REPORT
February 5, 2024
To: Honorable Mayor and Members of the City Council
From: René Anderson, Human Resources/Risk Management Director SUBJECT: APPOINTMENT AND APPROVAL OF EMPLOYMENT AGREEMENT FOR CITY MANAGER RECOMMENDATION:
It is recommended that the City Council:
Approve the attached employment agreement with Anita Gutierrez for the position of City Manager and authorize the Mayor to execute the employment agreement on behalf of the City, subject to any non-substantive changes made by the City Attorney; and Adopt Resolution No. 2024-18 - a resolution of the City Council of the City of Pomona, California, approving the updated Citywide Salary Schedule to amend the City Manager salary.
EXECUTIVE SUMMARY:
Approval of the proposed actions will authorize the hiring of Ms. Anita Gutierrez as City Manager, effective February 6, 2024, and adoption of the attached resolution will amend the salary for the City Manager. The proposed employment agreement sets forth the complete terms and conditions of Ms. Gutierrez’s employment.
FISCAL IMPACT:
There is no fiscal impact associated with this report as the salary and benefits proposed are provided for in the current budget.
DISCUSSION:
Ms. Anita Gutierrez has been serving as the Acting City Manager for several months. The City Council has met in closed session to discuss the appointment of a permanent City Manager. After discussing the qualifications and characteristics of a desired city manager, the City Council decided that Anita Gutierrez is uniquely qualified and is the best choice to serve the City and its residents.
Ms. Gutierrez has over twenty years of experience working at the local, state, and federal levels of government, leading teams and communities in transformative work, development, and growth, including resolving complex planning, real estate development, land use, and regulatory issues. Her work has extended across areas all over Los Angeles County and the Inland Empire.
Ms. Gutierrez holds a Bachelor’s Degree in Political Science from California State University, San Bernardino, and a Master’s in Planning from the University of Southern California (USC). She will complete a Doctorate in Organizational Change and Leadership from USC in May 2024. She is a member of the American Institute of Certified Planners and an active member in the League of California Cities. She is deeply rooted in Southern California, where she has dedicated her career to serving the public and helping the community collectively shape their living environment.
The City Council directed staff to begin contract negotiations with Ms. Gutierrez. Contract negotiations have concluded, and the employment agreement (Attachment No. 1) presented to City Council for approval and appointment of Anita Gutierrez to the position of City Manager.
A summary of some of the key terms of the employment agreement include:
Two year term from February 6, 2024 to February 6, 2026, with automatic extensions for 2 years on each anniversary date; 60 days’ notice if Ms. Gutierrez resigns;
“At-will” employment to allow termination without cause or reason, except there is a six (6) month cooling off period before or after any City Council election where she cannot be terminated except for good cause; Initial salary of $295,000, effective February 6, 2024; An annual salary increase of 5% effective February 2025 and annual increase of 4% effective February 2026; based upon satisfactory performance evaluations; Annual performance evaluations between November or December each year; Automobile allowance of $500 per month;
Employment shall be subject to and governed by the Compensation Plan for Group A and B Employees, excluding salary and a few other terms as defined in the agreement; Accrual of 240 vacation hours annually; and the ability to sell back a maximum of 150 hours annually; The ability to sell back up to 85 hours of executive leave annually and receive payment for 50% of accrued executive leave upon separation; A one-time signing incentive of $6,000.00 paid within 60 days of the effective date of this agreement; and Severance compensation of 12 months salary except if terminated for “Good Cause”, which is defined as material breach of the Agreement; misappropriation of public funds; conviction of a felony or a crime involving moral turpitude as determined by a court of competent jurisdictions, or a nolo contendere plea to any felony which adversely impacts her reputation or that of the City.
In addition to approving the employment agreement, it is also recommended that City Council adopt the attached Resolution 2024-18 (Attachment No. 2), which amends the Citywide Salary Schedule to reflect the change in the City Manager’s salary. If the City Council is prepared to appoint Anita Gutierrez to the position of City Manager, it would become effective the pay period ending on February 10, 2024; which covers January 28 – February 10, 2024.
ATTACHMENT(S):
Attachment No. 1: Employment Agreement
Attachment No. 2: Resolution No. 2024-18
Appointment and Approval of Employment Agreement for City Manager