CC Resolution 13044 - Amending Agreement for City Manager ServicesRESOLUTION NO. 13044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE AMENDMENT OF THE AGREEMENT FOR CITY MANAGER
SERVICES TO ADJUST THE SALARY FOR THE CITY MANAGER AND PROVIDE
FOR COST -OF -LIVING ADJUSTMENTS; AND, AUTHORIZING AN AMENDMENT TO
THE CITY'S ANNUAL SALARY SCHEDULE FOR THE CITY MANAGER
CLASSIFICATION
WHEREAS, the City Council entered into an agreement with Brian Loventhal for City
Manager Services ("Agreement"), 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, California Public Employees' Retirement System ("CalPERS") issued
Circular Letter 200-050-16 dated November 4, 2016, as a reminder to employers of the
requirements for compensation earnable and publicly available salary schedules; and
WHEREAS, all employers must comply with the compensation earnable and publicly
available salary schedules provisions contained within California Government Code
Section 20636(d) and California Code of Regulations 570.5; and
WHEREAS, it is necessary for the City Council to review and duly approve and adopt in
accordance with requirements of applicable public meetings laws a publicly available
salary schedule; and
WHEREAS, on June 20, 2023, the City Council concluded its yearly performance
evaluation of Brian Loventhal ("City Manager"); and
WHEREAS, based on that evaluation, the City Council desires to approve an
amendment to the Agreement that would provide for a four percent (4%) salary
increase, retroactively applied to the first full pay period of July 2023; and
WHEREAS, this increase is consistent with the negotiated cost -of -living adjustment
given to all represented and unrepresented labor groups for Fiscal Year 2024, and
maintains alignment with the compensation of city managers in other comparable
agencies and with prevailing market trends; and
WHEREAS, the City Council further desires to amend the Agreement to provide for
annual cost -of -living adjustments without the need for additional City Council approval;
and
WHEREAS, California Government Code Section 3511.2 sets forth regulations
regarding executive compensation; and
WHEREAS, it is within the City Council's purview to approve language in an executive
contract that allows for an automatic adjustment to the City Manager's compensation
provided it does not exceed a cost -of -living adjustment; and
WHEREAS, the City Council desires to amend the Agreement to provide for an annual
cost -of -living adjustment pursuant to Government Code Section 3511.2 and consistent
with those provided to all unclassified management employees, as long as the
adjustment does not exceed the California Consumer Price Index for Urban Wage
Earners and Clerical Workers., as calculated by the Department of Industrial Relations;
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves an
amendment to the Agreement to adjust the salary of the City Manager to $348,420.80
per year to reflect a four percent (4%) salary increase, retroactively applied to the first
full pay period of July 2023; and
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to
the Agreement to provide for an annual cost -of -living adjustment consistent with that
provided to unclassified management employees, so long as said adjustment does not
exceed the California Consumer Price Index for Urban Wage Earners and Clerical
Workers, as calculated by the Department of Industrial Relations; and
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to
the City's Annual Salary Schedule, as reflected in Exhibit A for the City Manager
Classification.
PASSED AND ADOPTED this 5t" day of September, 2023, by the following roll call
vote:
AYES:
Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None .
APP VED:
Anne Bybee, Mayor
ATTEST:
&
Andrea Sanders, Vt
Clerk
CITY OF CAMPBELL
POSITION CLASSIFICATION - CITY MANAGER
FY 23/24 - SALARY SCHEDULE
LASS CD JOB TITLE STEP RANGES
Range
Step 1
Step 2
Step 3
Step 4
Step 5
1005
CITY MANAGER
UNC01
CMGR
Hourly
167.51
-
-
-
-
Bi-Weekly
13,400.80
-
-
-
-
Monthly
29,035.07
-
-
-
-
Annual
348,420.80
-
-
-
-
Notes:
1) CMGR increase per Resoution
THIRD 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 him as City Manager effective December 5, 2016; and
WHEREAS, City desires to continue to employ the services of City Manager; and
WHEREAS, City Manager desires to accept continued employment as city manager for
the City; and
WHEREAS, the City desires to provide certain benefits, establish certain conditions of
employment, and to set working conditions of the City Manager;
NOW, THEREFORE, for and in consideration of each other's mutual promises, the
undersigned parties agree as follows:
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
Third Amend Agreement for City Manager Services (hereinafter referred to as
"Third Amended Agreement").
2. During his employment, City Manager shall receive the following salary and
benefits:
a. The City Manager shall earn an annual salary of $348,420.80 per year
beginning the first full pay period in July 2023. 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 3 of this Third Amended
Agreement. In addition, the City Manager shall receive an annual cost -of -living
adjustment in an amount equal to that provided to City unclassified management
employees by Resolution of the City Council, or equal to the California Consumer
Price Index for Urban Wage Earners and Clerical Workers, as calculated by the
Department of Industrial Relations, whichever is less;
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 unclassified
management employees as of June 28, 2021, 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
Page 1 of 4 Third Amended Agreement for City Manager Services
September 2023
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.
3. Each year, the City Manager shall work with the City Council to schedule an
evaluation of the City Manager's performance annually to coincide with the fiscal
year. The City Council may also schedule performance evaluations at such other
times as the City Council deems necessary and appropriate. Notwithstanding this
provision, failure of the City Council to conduct an evaluation to coincide with the
fiscal year shall not be deemed to be a breach of this Third Amended Agreement
by the City.
4. This Third Amended Agreement shall remain in effect from year to year until
terminated.
5. Notwithstanding section 4 of this Third Amended 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 City Council except upon a vote of at
least four/fifths of the City Council.
6. 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.
7. Notwithstanding anything contained in paragraph 5 of this Third Amended
Agreement, in the event that the City Manager is terminated by the City while the
City Manager is willing and able to perform his duties under this Third Amended
Agreement, then the City Manager shall be entitled to continue to receive the
salary set forth in paragraph 2a of this Third Amended Agreement, for a period of
six (6) months following his termination, provided that:
a. The City Manager shall make himself reasonably available to the City during
said six (6) month period to consult on City business; and
b. The City Manager's termination is not due to an act of moral turpitude, a fraud
against the 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.
Page 2 of 4 Third Amended Agreement for City Manager Services
September 2023
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 the 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.
8. The 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.
9. This Third Amended Agreement contains the entire agreement between the City
and the City Manager relating to the matters contained herein. Any prior
agreements, promises, negotiations, or representations not expressly set forth in
this Third Amended Agreement are of no force or effect. Subsequent
modifications to this Third Amended Agreement shall be in writing and signed by
both the City and the City Manager.
10. If any term, condition, or covenant of this Third Amended Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remaining
provisions of this Third Amended Agreement shall be valid and binding on the
City and the City Manager.
11. This Third Amended Agreement shall be governed and construed in accordance
with the laws of the State of California.
12. This Third Amended 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 Third Amended Agreement hereby agree to be bound thereby.
Dated:
EMPLOYER
CITY OF CAMPBELL
Page 3 of 4 Third Amended Agreement for City Manager Services
September 2023
Dated:
Anne Bybee
Mayor
IMILY11 190:10
Brian Loventhal
City Manager
Page 4 of 4 Third Amended Agreement for City Manager Services
September 2023