CC Resolution 12599 RESOLUTION NO. 12599
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE CITY COUNCIL TO EXECUTE AN AMENDMENT OF THE
AGREEMENT WITH BRIAN LOVENTHAL FOR HIS EMPLOYMENT AS CITY
MANAGER
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WHEREAS, the City Council has appointed Brian Loventhal as City Manager,
effective December 5, 2016; and
WHEREAS, Section 2.16.020 of the Campbell Municipal Code provides that
compensation for all appointed officers and employees of the City shall be fixed by
Resolution; and
WHEREAS, the City Council desires to have an employment agreement establishing
the salary, benefits and working conditions of the City Manager for the duties and
responsibilities of that position as set forth by the Campbell Municipal Code, Section
2.12, and provides that the salary may be adjusted at any time by Resolution of the
City Council; and
WHEREAS, the City Council desires to amend the employment agreement with Brian
Loventhal;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell
that the City Council hereby approves and authorizes the Mayor to execute an
amendment to the employment agreement with Brian Loventhal, City Manager, a copy
of which is attached hereto.
PASSED AND ADOPTED this 16th day of June 2020, by the following roll call vote:
AYES: Councilmembers: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Susan ndry
Mayor
ATTEST:
Andrea S ders, Acting City Clerk
AMENDED AGREEMENT FOR CITY MANAGER SERVICES
WHEREAS, on or about November 2, 2016, the CITY OF CAMPBELL (hereinafter
referred to as "City") and BRIAN LOVENTHAL (hereinafter referred to as "City Manager")
entered into an Agreement, appointing Employee as City Manager;
WHEREAS, City desires to continue to employ the services of City Manager;
WHEREAS, City Manager desires to accept continued employment as city manager for
the City; and
WHEREAS, While the salary for the City Manager has remained at the 2016 level, City
department heads have continued to receive compensation increases. This has resulted in a
compensation compaction issue between the department heads and the City Manager in
conflict with the Campbell Personnel Rule and Regulations Section 4.3 C1. The compensation
increase contained in this agreement will bring the City Manager salary into compliance with the
Rules and Regulations; and
WHEREAS, the City desires to provide certain benefits, establish certain conditions of
employment, and to set working conditions of City Manager.
NOW, THEREFORE, for and in consideration of each others' mutual promises, the
undersigned parties agree as follows:
1. City Manager agrees to continue to perform the functions and duties of the City
Manager of City as set forth in applicable State or local laws, ordinances,
resolutions and policies, as well as such instructions and assignments as may be
given to him by the Campbell City Council, until terminated as provided by this
Agreement.
2. City shall pay City Manager for lost compensation from the date of City
Manager's initial employment of November 2, 2016 to Present of one hundred
twenty three thousand five hundred forty eight dollars ($123,548) ("Lost
Compensation"), plus interest at the California Local Agency Investment Fund
quarterly rate of return (LAIF) for each period immediately prior to the payment
dates shown below. City shall pay City Manager the Lost Compensation in four
equal installments as follows:
December 16, 2020 $30,886.90 + LAIF
March 16, 2021 $30,886.90 + LAIF
June 16, 2021 $30,886.90 + LAIF
September 16, 2021 $30,886.90 + LAIF
The parties agree that the Lost Compensation shall fully compensate City
Manager for any salary owed before the date of this Agreement. In exchange for
this Lost Compensation, City Manager hereby provides a full and final release of
all compensation owed to City Manager from City, now or in the future, arising
from City Manager's employment with City before the date of this Agreement.
City Manager hereby understands and agrees that City's agreement to pay the
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Lost Compensation shall not bind, obligate, or inure City to consider such a
retrospective payment of lost compensation in the future.
3. During his employment, City Manager shall receive the following salary and
benefits:
a. The City Manager shall earn an annual salary of $282,339 per year
commencing on June 29, 2020. This salary may be adjusted at any time by
Resolution of the City Council. The City Council shall review the City Manager's
Compensation annually, at such time as the City Council reviews the City
Manager's performance pursuant to section 4 of this Agreement. The City
Council shall not be obligated to make any adjustment to the City Manager's
compensation, and the decision of whether or not to make such adjustments
shall be left to the sole discretion of the City Council;
b. In addition to the foregoing salary, the City Manager shall receive an
automobile allowance of $225 per month to compensate him for the use of his
personal vehicle for City business. In addition, the City Manager shall accrue
vacation at the rate of 5.85 hours per pay period; shall accrue sick leave in
accordance with the sick leave accrual schedule for executive employees; and
shall receive all other benefits normally and usually provided to City Department
Heads as of June 29, 2020 unless specified herein or modified by resolution of
the City Council; provided, however that the City shall pay the full premium for
any medical insurance coverage afforded for the City Manager and his family
members;
c. In addition to the foregoing salary, the City will make, in equal
proportionate amounts each pay period, an annual contribution of $5,000 into an
account for the City Manager in the City approved Section 457 Deferred
Compensation Plan. Such contribution is in addition to the City contribution
made on behalf of all management employees;
d. The City Manager shall also be entitled to a monthly allowance of $40 to
be used for a cellular phone service;
e. The City Manager shall also be entitled to such benefits as approved by
Resolution of the City Council.
4. The City Council shall review and evaluate the City Manager upon the
completion of every twelve months of service, and at any other times the City
Council deems necessary and appropriate.
5. This Agreement shall remain in effect from year to year until terminated.
6. Notwithstanding section 5 of this Agreement, because an intimate and
confidential relationship is necessary between the City Manager and the City, the
City Manager understands and agrees that City Manager serves at the pleasure
of City, and may be terminated at the will of City at any time and without prior
notice, and without statement of reasons or grounds therefor. However, the City
Manager shall not be removed during the sixty (60) day period following any
change in membership of the Council except upon a vote of at least four/fifths of
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the City Council.
7. In the event that the City Manager voluntarily chooses to resign his employment,
he shall give the City Council at least thirty (30) days' advance written notice of
his decision, so that the City Council may undertake a reasonable effort to find a
successor.
8. Notwithstanding anything contained in paragraph 5 of this Agreement, in the
event that the City Manager is terminated by City while the City Manager is
willing and able to perform his duties under this Agreement, then he shall be
entitled to continue to receive the salary set forth in paragraph 3a of this
Agreement, for a period of six (6) months following his termination, provided that:
a. City Manager shall make himself reasonably available to City during said six
(6) month period to consult on City business; and
b. City Manager's termination is not due to an act of moral turpitude, a fraud
against City, a conviction of any illegal act involving personal gain to him, or
any other act or omission on the part of the City Manager wholly inconsistent
with his position or responsibilities.
Nothing contained in this section shall apply in the event of a voluntary
resignation of the City Manager. Additionally, the compensation afforded under
this section shall be the exclusive and sole remedy of City Manager for any
termination of his employment. This section provides for a full and final release of
all known and unknown and unanticipated claims, injuries, damages, losses,
demands, costs, liabilities, actions and causes of action that the City Manager
may have against the City, now or in the future, arising out of his termination; and
the City Manager waives all rights or benefits that the City Manager now has or in
the future may have under the terms of Section 1542 of the Civil Code of the
State of California, which section reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT
THE CREDITOR OR RELEASING PARTY DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM
OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
9. City's waiver of any term, condition, or covenant, or breach of any term,
condition, or covenant shall not be construed as the waiver of any term,
condition, or covenant or waiver of the breach of any other term, condition, or
covenant.
10. This Agreement contains the entire Agreement between City and City Manager
relating to the matters contained herein. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of
no force or effect. Subsequent modifications to this Agreement shall be in writing
and signed by both City and City Manager.
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11. If any term, condition, or covenant of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions of this Agreement shall be valid and binding on City and City Manager.
12. This Agreement shall be governed and construed in accordance with the laws of
the State of California.
12. This Agreement may be executed in counterparts and will be binding as so
executed on the date last executed.
The undersigned parties having read and understood the foregoing terms and conditions
of this Agreement hereby agree to be bound thereby.
EMPLOYER
CITY OF CAMPBELL
Dated: g i r2� c
1
Susan . Lance
Mayor
EMPLOYEE
Dated: G/I 05
Brian Loventhal
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