City Attorney and City
Manager Employment
Agreement Amendments
City Council
June 20, 2023
1 Proposed Amendments to the City
Manager and City Attorney Employment
Agreements to Comply with Government
Code Section 3511.2(a):
Provides that any contract executed or renewed between a local agency and a local agency executive shall not provide for an automatic renewal of a contract that provides for an automatic increase in the level of compensation that exceeds a cost- of-living adjustment (COLA). “Cost-of-living” is defined as the California Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers as calculated by the Department of Industrial Relations (DIR), which is found here:
https://www.dir.ca.gov/oprl/CPI/PresentCCPIchange.PDF The amendments to the City Manager and City Attorney employment agreements confirm Council’s previous action to provide the July 1, 2023 cost-of living adjustment of 5% for the City Manager and City Attorney pursuant to adopted CC Resolution #2022-111.
2 Proposed Additional Amendment to the City
Attorney Employment Agreement:
City Council rated Ms. Stricker extremely favorably during her recent annual performance evaluation
Under the current terms of her employment agreement, Ms. Stricker was not eligible to receive the 5% COLA all other full-time employees received July 1, 2022. Instead, she was eligible to be considered for a salary increase as of her 1yr anniversary date, following her performance review. Proposed Amendment to her employment agreement to increase her salary by 5%, to $262,500 annually, effective April 19, 2023 –1yr anniversary date Ms. Stricker will also receive the July 1, 2023 COLA that City Council previously approved via Resolution 2022-111.
3 Staff Recommendations
(1) Complete Declaration under California Government Code Section 54953(c)(3):
City must orally report a summary of the proposed actions regarding salary, salary schedules or compensation paid in the form of fringe benefits of local agency executives, which includes the City Attorney and City Manager, before approving such actions. Accordingly, before the City Council takes action on this item, the City will need to provide such an oral summary report.
(2) Proceed with Adoption of Resolution Amending Contracts for City Attorney and City Manager
4 Declaration under California Government Code
Section 54953(c)(3):
Government Code section 54953, subsection (c)(3) requires that, before taking final action, the City Council must orally report a summary of the recommendation regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executives, and both the City Attorney and City Manager are local agency executives. Therefore, I am reporting the following summary regarding such items appearing on the agenda.
Item #23-249, pertains to final action by the City Council regarding the recommendation to approve the following changes to compensation for the City Attorney:
(1) The City Attorney will receive a merit-based salary increase of five percent (5%), increasing her annual salary of $250,000 to $262,500, effective April 19, 2023, her one-year anniversary date with the City. The City Attorney will also still receive the 5% COLA increase effective July 1, 2023 that City Council previously approved, through Resolutions 2022-110 and 2022-111, for the City Attorney, City Manager and all other full-time City employees, which will result in the City Attorney’s annual salary increasing to $275,625 on July 1, 2023. 5 Declaration under California Government
Code Section 54953(c)(3) Cont’d:
(2) The City Manager and City Attorney employment agreements are amended to specify that cost of living adjustments provided by automatic renewal of the employment agreements for the City Manager and City Attorney, and Resolution 2022-111, in fiscal years 2024-2026, shall not exceed the California Consumer Price Index for Urban Wage Earners and Clerical Workers as calculated by the Department of Industrial Relations, except as provided by further Council action.
Further COLA adjustments are at the discretion of the City Council. Approval of the recommendations in Item #23-249 will not result in any change to the City Manager’s compensation.
6 Questions?
7