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10-23-2018 CC Rpt 10COUNCIL AGENDA STAFF REPORT Chino I IiEI TO: HONORABLE MAYOR AND CITY COUNCIL DATE: OCTOBER 23, 2018 MEMBERS FROM: CITY ATTORNEY ITEM NO: 10 SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO CITY MANAGER CONTRACT WITH KONRADT BARTLAM RECOMMENDATION: Authorize execution of Amendment No. 3 to the City Manager's employment Agreement No. A2014-03 in a form approved by the City Attorney which will increase his annual base salary from $243,519 to $253,260 effective September 1, 2018, and increase his base salary to $260,858 effective September 1, 2019. Additionally, the amendment will provide that the City Manager can cash out 50% of his unused sick time at the time he separates from the City. 2. Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR 2018-19 INCREASING THE GENERAL FUND BUDGET BY $2,004 FOR THE CITY MANAGER EMPLOYMENT AGREEMENT AMENDMENT NO. 3 41i(elffe111"I h / W&16111 The Council met in closed session in September to negotiate potential amendments to Mr. Bartlam's contract. The result is that Council directed that this matter be placed on the public agenda for discussion and possible actions. The proposed amendment includes proposed increases from Mr. Bartlam's current salary of $243,519 to $253,260 (a 4% increase) effective September 1, 2018, and increase to $260,858 (a 3% increase) effective September 1, 2019. Additionally, it is being proposed that Mr. Bartlam be permitted to cash out 50% of his unused sick leave time when he separates from the City. The salary increases represents the cost of living increases being given to all City employees. ENVIRONMENTAL (CEQA) REVIEW: This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.; "CEQA") and CEQA regulations (14 California Code Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this action does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)). FISCAL IMPACT: The proposed budget amendment will increase the expenditure budget in the Fiscal Year 2018-19 General Fund by $2,004 and decrease the projected ending fund balance by 101/454 $2,004. Future costs will be budgeted for in the appropriate fiscal year. REVIEWED BY OTHERS: This item was reviewed by the Finance Department. Respectfully Submitted, Elizabeth M. Calciano Asst. City Attorney for Mark D. Hensley City Attorney Attachments Amendment No. 3 Resolution Exhibit No. 1 - Budget Amendment 102/454 CITY OF CHINO HILLS AMENDMENT NO. 3 TO AGREEMENT NO. A2014-03 BETWEEN THE CITY OF CHINO HILLS AND KONRADT BARTLAM THIS AMENDMENT NO. 3 to Agreement No. A2014-03 dated January 9, 2014 is entered into in the State of California by and between the CITY OF CHINO HILLS, a California general law municipal corporation, hereinafter called "City', and KONRADT BARTLAM, hereinafter called "Manager", both of whom covenant and agree as follows: WITNESSETH WHEREAS, City and Manager entered into an Employment Agreement on or about January 9, 2014 (unless otherwise set forth herein, the defined terms set forth in the Employment Agreement shall have the same meanings when used in this Amendment), for purposes of having Manager serve as City Manager of the City of Chino Hills, as provided by the Chino Hills Municipal Code ("City Code"); and WHEREAS, City and Manager entered into Amendment No. 1 to the Employment Agreement on or about February 23, 2016; and Amendment No. 2 on or about March 14, 2017; and WHEREAS, City and Manager desire to amend certain provisions of the Agreement for the mutual benefit of the parties. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. The entire Section 3 of the Agreement and Amendment Nos. 1 and 2 ("Salary'), is hereby amended and replaced with the following language: "Effective as of September 1, 2018, City will pay Manager for his services rendered pursuant hereto an annual base salary of two hundred fifty three thousand two hundred sixty dollars ($253,260) payable in installments at the same time as other employees of City are paid. Effective September 1, 2019, this annual base salary shall be adjusted to two hundred sixty thousand eight hundred fifty eight dollars ($260,858). Additionally, Manager may cash out 50% of unused sick time at the time Manager separates from the City. City may increase said base salary and/or other benefits of Manager in such amounts and to such extent and at such times as the Council may determine that it is desirable to do so by a written amendment to this Agreement." 2. Except as specifically amended above by this Amendment, all other provisions of the Agreement shall remain in full force and effect. 103/454 IN WITNESS WHEREOF, the City of Chino Hills has caused this Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its City Clerk, and Manager has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY OF CHINO HILLS KONRADT BARTLAM Peter J. Rogers Mayor ATTEST: Cheryl Balz City Clerk (Date) APPROVED AS TO FORM: Mark D. Hensley City Attorney (Signature) DATE: 104/454 RESOLUTION NO. 2018R - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR 2018-19 INCREASING THE GENERAL FUND BUDGET BY $2,004 FOR THE CITY MANAGER EMPLOYMENT AGREEMENT NO. A2014-03 AMENDMENT NO. 3 WHEREAS, the City Manager has presented to the City Council a proposed budget for Fiscal Year 2018-19; and WHEREAS, the City Council of the City of Chino Hills conducted a public meeting on June 12, 2018, to consider the Fiscal Year 2018-19 budget document, and adopted a budget for the fiscal year commencing July 1, 2018, and ending July 30, 2019; and WHEREAS, amendments must periodically be made to the budget to conform to changed circumstances following adoption of the budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Budget Amendment No. 19B014 is hereby approved as reflected on Exhibit No. 1, attached hereto. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 23rd day of October, 2018. PETER J. ROGERS, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 105/454 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) § CITY OF CHINO HILLS 1 I, Cheryl Balz, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Resolution No. 2018R- was duly adopted at a regular meeting of the City Council of the City of Chino Hills held on the 23rd day of October, 2018, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CHERYL BALZ, CITY CLERK The foregoing is the original of Resolution No. 2018R- duly passed and adopted by the Chino Hills City Council at their regular meeting held October 23, 2018. CHERYL BALZ, CITY CLERK 106/454 Date: Requested by: Dept/Div: EXPENDITURES Account Number 001-0300-888-1010 REVENUES Account Number CITY OF CHINO HILLS BUDGET AMENDMENT 10/23/2018 City Attorney City Manager's Office Project Number Account Description (General Fund - Regular Salaries Project Number Account Description BA # 19BO14 Fiscal Year: 2018-19 Amount: $2,004.00 Description: Amendment No. 3 to City Manager Employment Agreement Current Proposed Amended Budget Amendment I Budget 440,700.00 I $ 2,004.00 I $ 442,704.00 Current Budget REASON/JUSTIFICATION To increase the salary and benefit budget for Amendment No. 3 to the City Manager's Employment Agreement. Proposed Amendment Amended Budget 107/454 Meeting date: awl i v C4 -1114a REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium indicates your time has elapsed NOTE — THIS IS A PUBLIC DOCUMENT SUBJECT TO POSTING ON THE CITY'S WEBSITE. YOU ARE NOT REQUIRED TO PROVIDE PERSONAL INFORMATION IN ORDER TO SPEAK, EXCEPT TO THE EXTENT NECESSARY FOR THE CITY CLERK TO CALL UPON YOU. PLEASE PRINT /j Name: ��� �� /'� Company/Association/Organization (if any): Address or Area of Residence (Optional): G 'U " )4 7 LL S I wish to speak under: 1. PUBLIC COMMENTS SECTION Subject: 2. AGENDA ITEM NO. / l✓ FAVOR OPPOSE The City Council is interested in your comments. You may address the City Council regarding any item within the subject matter jurisdiction of the City Council, provided no action or discussion may be taken on items not appearing on the agenda unless authorized by law, except the City Council may briefly respond to statements made or questions posed. PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING F