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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: July 25, 2006

Subject/Title: Adopt a Resolution approving and authorizing the Mayor to execute Amendment Number One to the Employment Agreement between the City of Brentwood and Donna Landeros

Prepared by: Karen Chew, Assistant City Manager

Submitted by: Brian Swisher, Mayor

RECOMMENDATION

Adopt a Resolution approving and authorizing the Mayor to execute Amendment Number One to the Employment Agreement between the City of Brentwood and Donna Landeros.

PREVIOUS ACTION

On May 27, 2003, the City Council adopted Resolution 2877, ratifying amendments to the Memorandum of Understanding between the City and recognized bargaining units, department heads, Brentwood Police Lieutenants and Mid-Managers for Fiscal Years 2003-2008.These amendments authorized salary adjustments for benchmark classifications based upon the eighty-fifth (85th) percentile of Brentwood’s salary survey cities.

On December 8, 2004, the City of Brentwood and Donna Landeros executed an employment agreement establishing Donna Landeros as the Brentwood City Manager.

BACKGROUND

Pursuant to the terms and conditions of the Employment Agreement between the City of Brentwood and Donna Landeros (hereinafter “Agreement”), the City Council conducted a performance evaluation in February, 2006. As a result of that performance evaluation, Council instructed the Mayor to return with an amendment to the Agreement.

The amendment establishes payment to the City Manager based on the eighty-fifth (85th) percentile of Brentwood’s survey cities. This is consistent with the policy adopted in 2003 applicable to the bargaining units and employee groups.

The amendment also provides that the City Manager is evaluated by the City Council no later than July 1 of each year. If the performance is determined by a majority of the City Council to meet standards then the salary shall be adjusted to meet the eighty-fifth (85th) percentile criteria. If the evaluation is not performed by July 1, the performance shall be deemed to meet standards and the salary shall be adjusted in accordance with the eighty-fifth (85th) percentile policy.

Any amendments to the Citywide eighty-fifth (85th) percentile policy shall also apply to the City Manager.

All other provisions of the Agreement will remain in full force and effect.

FISCAL IMPACT

Adoption of this contract amendment will require a General Fund budget increase that will be included in the mid-year budget.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
APPROVING, AND AUTHORIZING THE MAYOR TO EXECUTE, AMENDMENT NUMBER ONE TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF BRENTWOOD (“CITY”) AND DONNA LANDEROS (“LANDEROS”)

WHEREAS, on December 8, 2004, the City and Landeros executed an employment agreement (the “Agreement”) to provide certain employment services as described in the Agreement, during the period between January 1, 2005 to January 1, 2008; and

WHEREAS, the Agreement, Section 12, requires an annual performance evaluation review and a discussion of the City Manager’s overall compensation package and salary, and,

WHEREAS, in 2003, the City established a policy of paying City employees at the eighty-fifth (85th) percentile of survey cities (“the 85th Percentile Policy”), and

WHEREAS, the parties agree to alter the Agreement to expressly include the City Manager within the provisions of the 85th Percentile Policy.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood approves, and authorizes the Mayor to execute, Amendment One to the Agreement.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on July 25, 2006, by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:
----------------------------
Brian Swisher, Mayor

ATTEST:
------------------------
Margaret Wimberly, City Clerk

AMENDMENT NO. 1
TO EMPLOYMENT AGREEMENT BETWEEN
CITY OF BRENTWOOD AND DONNA LANDEROS

THIS AMENDMENT NO. 1 is entered into and effective on July 25, 2006, and amends the Employment Agreement dated December 8, 2004 (the “Agreement”), by and between the City of Brentwood, a municipal corporation of the State of California (“City” or “Employer”), and Donna Landeros, (“Employee”) (collectively, the “Parties”).

RECITALS

A. On May 27, 2003, the City Council adopted Resolution 2877 ratifying the amendments to the Memorandums of Understanding (“MOU”) between the City and recognized bargaining units, department heads, Police Lieutenants and Mid-Managers for Fiscal Years 2003-2008.
B. The MOU included a policy of paying benchmark classifications of represented employees at the eighty-fifth (85th) percentile of certain survey cities.
C. The Parties desire to alter the Agreement to include the Employee within the provisions of the eighty-fifth (85th) percentile pay policy.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Employee agree as follows:

1. Section 3 A. (Base Salary) is amended in its entirety to read as follows:

“Section 3: Compensation

A. Base Salary
i. Defined Base Salary consists of the Employee’s salary plus deferred compensation.
ii. Payment As of July 25, 2006, Employer shall pay Employee a base salary at the eighty-fifth (85th) percentile for City Managers of the following list of cities: Antioch, Benicia, Livermore, Manteca, Pittsburg, Pleasant Hill, Pleasanton, Tracy, and Vacaville (“Survey Cities”).
iii. Distribution of Base Salary Employee can distribute her Base Salary between salary and deferred compensation as she chooses, so long as such distribution conforms to all applicable State and Federal laws and regulations.”

2. Section 12. (Performance Evaluation) of the Agreement is amended in its entirety to read as follows:

“Section 12: Performance Evaluation

A. Annual Review. City Council shall annually review and complete a performance evaluation of Employee no later than July 1 of each year. Should a majority of the City Council determine that Employee’s performance meets standards then the City’s Human Resource Director is authorized to adjust Employee’s base salary to match the then eighty-fifth (85th) percentile for City Managers of the Survey Cities. Should the City Council not complete an evaluation by July 1 of a given year, then the Employee’s performance for the prior year will be deemed to meet the performance standards for the purposes of this section and the Employee’s base salary will be adjusted as described in this section. In addition to these provisions, the Employer may adjust other elements of Employee’s compensation package following the performance evaluation.

B. City Council Policy Amendments. Any amendments to the Citywide eighty-fifth (85th) percentile policy (the “Policy”) shall also apply to Employee. Should the City Council repeal the Policy for all City employees, then prior to July 1 of the year that the Policy is repealed, the Employee and Employer shall negotiate any adjustments to Employee’s base salary and compensation package.”

3. All other provisions of the Agreement will remain in full force and effect.

CITY OF BRENTWOOD DONNA LANDEROS
_________________ _________________
Brian Swisher, Mayor Donna Landeros

ATTEST:
________________________
Margaret Wimberly, City Clerk

Approved As to Form:
_________________________
Damien Brower, City Attorney
 

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