HomeMy WebLinkAbout2004-17 - City Manager Compensation• RESOLUTION NO. 2004 -1L
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADJUSTING
THE COMPENSATION PAID TO THE
CITY MANAGER
WHEREAS, the City Council has evaluated the performance of the City
Manager during the preceding (12) months;
WHEREAS, an adjustment to the base salary and term modifications to
the current employment agreement are appropriate given the performance of the
City Manager and the compensation paid to other City Managers within Orange
County; and
WHEREAS, the proposed modifications to compensation and benefits are
reflected in the Fourth Amended Employment Agreement that is attached to this
Resolution as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach that the salary and benefits of the City Manager shall be as
• specified in Exhibit A and that the Mayor is authorized to execute Exhibit A on
behalf of the City Council.
ADOPTED this 24th day of February 2004.
Mayor
ATTEST:
City Clerk
•
EXHIBIT A
• FOURTH AMENDED EMPLOYMENT AGREEMENT
This Fourth Amended Employment Agreement (Fourth Amended
Agreement), which is effective as of the 3r1 of January, 2004, between the City
of Newport Beach ("City") and Homer Bludau ( "BLUDAU') is made in light of the
following:
RECITALS
A. City and BLUDAU entered into an agreement on March 8, 1999 pursuant
to which City employed BLUDAU as the City Manager of City of Newport
Beach (Original Agreement),
B. The Original Agreement was amended first on February 28, 2000 (First
Amended Agreement) and both the Original Agreement and the following
three Amended Agreements required periodic evaluation of BLUDAU's
performance as City Manager to determine if his "base salary or benefits
should be modified."
C. The Newport Beach City Council has conducted an evaluation of BLUDAU's
• performance over the past twelve months and has determined that his
performance warrants an increase in salary and modification of other
benefits as specified in this Fourth Amended Agreement.
Now, Therefore, the Parties agree as follows:
SECTION 1 Employment as City Manager
City shall continue to employ BLUDAU as City Manager of the City of
Newport Beach to perform the functions and duties of that position as specified
in the City Charter and Municipal Code of the City of Newport Beach. BLUDAU
shall also perform other duties by the City Council, without additional
compensation, so long as those duties are related to matters of concern to the
City of Newport Beach or cites generally and are performed by management
employees of other municipalities.
SECTION 2 Effective Date/Term
This Fourth Amended Agreement shall take effect January 3,
2004 and remain in effect until January 3, 2006 or until amended by
• the Parties or terminated pursuant to Section 4.
•
•
SECTION 3 Base Compensation
City shall pay BLUDAU an annual base salary of $186,645.00,
effective January 3, 2004, in twenty-six (26) equal installments paid at
the same time other management employees of the City are paid. This
Fourth Amended Agreement shall be deemed modified to be consistent with any
subsequent resolution adopted by the City Council changing the base salary of
the City Manager or the manner (but not the amount) in which management
employees are paid. City shall have the right to deduct or withhold from
BLUDAU's base salary any and all sum required for federal or state income tax,
social security tax and all other taxes, deductions or withholdings required by
then current state, federal or local law. City shall also deduct sums BLUDAU is
obligated to pay because of BLUDAU's participation in plans or programs
generally described in Section 5 of this Fourth Amended Agreement.
SECTION 4 Termination and Severance Pay
A. BLUDAU may terminate this Fourth Amended Agreement by giving the
City at least forty-five (45) days prior written notice of termination.
B. City may terminate this Fourth Amended Agreement, without cause, upon
the affirmative votes of a majority of the members of the City Council at
any regular or special meeting of the City Council. However, consistent
with provisions of the City Charter, this Fourth Amended Agreement may
not be terminated within ninety (90) days after any municipal election for
the selection or recall of one or more members of the City Council.
BLUDAU shall be furnished with written notice stating the Council's
intention to terminate this Fourth Amended Agreement, and any reasons
for termination, if deemed appropriate by the City Council, at least forty-
five (45) days prior to the effective date of termination.
C. In the event this Fourth Amended Agreement is terminated by the City,
BLUDAU shall, as of the effective date of termination, receive severance
pay equal to one -half (1/2) of his then current annual base salary.
However, BLUDAU shall not be entitled to any severance pay if this Fourth
Amended Agreement is terminated because of BLUDAU's criminal conduct,
malfeasance in office, or gross abuse of discretion.
SECTION 5 Employee Benefits
A. BLUDAU shall accumulate flex leave at the rate of twenty-six (26) days
• per year, commending on the effective date of this Fourth Amended
Agreement. BLUDAU shall also be entitled to eighty hours of
administrative leave per year. BLUDAU shall not be entitled to any
2
• compensation, or compensatory time off, for overtime. BLUDAU shall not
be entitled to flex leave spill -over pay and shall not be subject to any flex
leave accrual threshold.
B. BLUDAU shall be entitled to the same health insurance and retirement
benefits on the same terms and conditions as are available to other non -
safety management employees of the City.
C. BLUDAU shall be entitled to participate in plans and programs available to
other non -safety management employees of the City such as short term
and long term disability plans, life insurance plans, and deferred
compensation plans.
D. BLUDAU shall undergo an annual physical examination. City shall
reimburse BLUDAU for the actual costs of the annual physical examination
up to a maximum of $1,000.00.
E. The then current City personnel ordinances, resolutions, rules and policies
shall apply to BLUDAU in the same manner as applied to other
management employees, provided, however, in the event of a conflict
between the provisions of this Fourth Amended Agreement and the City
• Charter, the City Charter shall prevail.
F. This Fourth Amended Agreement shall be deemed modified whenever the
City Council adopts a resolution or takes action changing the benefits,
plans or other terms and conditions of employment generally applicable to
other non -safety management employees of the City.
SECTION 6 Business Expenses
City shall reimburse BLUDAU for all reasonable business expenses (except
automobile expenses) actually incurred by BLUDAU in the performance of
services pursuant to this Fourth Amended Agreement. BLUDAU shall, to the
extent possible, use a credit card issued in the name of the City of Newport
Beach to pay for business expenses.
SECTION 7 Meetings and Conferences
BLUDAU shall, at City expense, be entitled to attend a reasonable number
of local, state and national conferences relevant to the performance of duties
required of a City Manager and pursuant to the City Charter, the Newport Beach
• Municipal Code and this Fourth Amended Agreement.
3
• SECTION 8 Housing
As required by the City Charter and the Original Agreement, BLUDAU has
established residency in, and become an elector of, the City of Newport Beach.
To facilitate BLUDAU's purchase of housing in Newport Beach, City has loaned
BLUDAU the sum of $50,000 (Loan). The Loan has been, and shall be, used
solely to purchase housing in Newport Beach. BLUDAU shall pay simple interest
on the unpaid balance of the Loan during each fiscal year (or portion) in which
the Loan, or any portion of the Loan, remains unpaid. The interest payment for
all or a portion of any fiscal year shall be due on or before September 15th of the
following fiscal year. The interest rate on the Loan for each fiscal year shall be
the average rate of return on all City investments during that fiscal year.
BLUDAU may, but is not required to, make payments to reduce the principal
amount of the Loan at any time and payments to reduce the principal shall not
be subject to any pre - payment penalty. BLUDAU shall pay the entire unpaid
balance of the Loan upon the expiration of ten (10) years from the effective date
of this Fourth Amended Agreement or BLUDAU's separation from City
employment.
In the event all or any portion of the Loan remains unpaid at the time of
BLUDAU's separation, City shall have the right to withhold, from value of any
• accumulated paid leave for which BLUDAU would otherwise be paid upon
separation, a sum equal to the amount of the then current unpaid balance.
SECTION 9 Evaluation
The City Council shall conduct regular evaluations of BLUDAU's
performance during the term of this Fourth Amended Agreement. The City
Council may, as part of the evaluation, discuss if BLUDAU's performance warrant
any modification of his base salary and /or benefits. However, any decision to
modify BLUDAU's base salary or benefits shall be made by the City Council only
at a duly noticed public meeting held in compliance with the Ralph M. Brown Act.
SECTION 10 General Provisions
A. BLUDAU shall serve at the pleasure of the City Council as specified in the
Newport Beach City Charter and may be terminated "at will" and without
specification of cause, subject only to the procedural requirements
specified in this Fourth Amended Agreement and /or relevant provisions of
the City Charter of City ordinance.
• B. This Fourth Amended Agreement shall be binding on, and inure to the
benefit of, the heirs, executors, and assigns of BLUDAU.
0
•
•
•
C. Any notice required by this Fourth Amended Agreement shall be in writing
and deemed given when personally delivered (to the City Clerk in the case
of the City), or when properly addressed and deposited in the United
States mail, registered or certified, with postage prepaid and return
receipt requested.
D. This Fourth Amended Agreement represents the entire understanding of
the Parties and any modification is effective only if it is in writing and
signed by the Party to be charged.
Dated: 02/24 /2004
Dated: 025
D AS TO FORM:
Robert H. Burnham
City Attorney
A
Tod W. Ridgeway J
Mayor of Newport Beach
Homer L. Bluclau
City Manager of Newport Beach
•
is
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2004 -17 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
24th day of February, 2004, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols
Noes: None
Absent: Mayor Ridgeway
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of February, 2004.
(Seal)
City Clerk
Newport Beach, California