HomeMy WebLinkAboutAgenda Packet - June 28, 2004 - CCLCAT' V,
SPECIAL MEETING
OF THE CITY COUNCIL
AZUSA LIGHT AND WATER
729 NORTH AZUSA AVENUE
1. PRELIMINARY BUSINESS
Call to Order
• Pledge to the Flag
. Roll Call
MONDAY, JUNE 28, 2004
7:30 P.M., or immediately following
the Utility Board Meeting
H. PUBLIC PARTICIPATION - Please note that public comments are welcomed by recognition of
the Mayor.
111. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6).
Agency Negotiators: Mr. Robert Person and Ms. Julie Gutierrez
Organizations/Employee: ACEA, APOA, APMA, AMMA, CAPP, IBEW, LABORERS, EXECUTIVE
IV. AGENDA ITEM
A. Approval of Employment Agreement between the City of Azusa and Julie A. Gutierrez, for the
Position of City Manager,. Recommendation: Approve an employment agreement between
City of Azusa and Julie A. Gutierrez, as City Manager for the City of Azusa.
V. ADIOIIRNMENT
A.. Adjourn.
CITY OF AZUSA
EMPLOYMENT AGREEMENT
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This Employment Agreement ("Agreement") is entered into as of the 1st day of
July, 2004, between the City of Azusa (hereinafter referred to as the "City") and Julie A.
Gutierrez (hereinafter referred to as the "City Manager" or the "Employee"). The above named
parties hereby mutually agree and promise as follows:
1. Term.
This Agreement shall be deemed effective beginning July 1, 2004, through June
30, 2005, unless terminated earlier in accordance with Section 9, or extended in writing after
appioval by both parties.
2. Salary.
City Manager's annual salary shall be $138,000. The fust six (6) months of the
term of this agreement are probationary in accordance with Section 9(e).
3. Performance Evaluation.
On or before January 1, 2005, the City Council shall conduct an evaluation of
Employee in a noticed closed session meeting, to review Employee's performance and
compensation. The evaluation of Employee's performance shall be based on the City Council's
review of Employee's fulfilling her obligations as set forth in all of the following: this
Agreement, a work plan approved by the City Council and any other written directive issued to
Employee by the City Council. For purposes of this Section, a written directive may be in the
form of correspondence from an individual member of the Council authorized to give such
directive by a majority of the City Council or in the form of the official open and closed session
minutes of the City Council. Notwithstanding any provision herein to the contrary, Employee
serves at the will and pleasure of the City Council, as set forth in Section 9.
4. Fringe Benefits.
The City shall provide to Employee only those fringe benefits expressly provided
below in this Agreement. The City shall provide to Employee the same health benefit, PERS
benefits and the same long term disability and life insurance benefits provided to non -sworn
department heads.
ORANGEISRCU 1500.1
I
5. Transportation.
Employee shall provide her own vehicle, including vehicle insurance, gas and
maintenance, to be used in the performance of her duties, and the City shall provide a car
allowance in the amount of $450.00 per month.
6. Sick Leave and Vacation Time
a. Sick Leave
Employee's sick leave benefits shall be as follows:
Employee shall accrue six (6) days of sick leave during the term of this
Agreement. Employee shall not be entitled to cash out or carry over to
any subsequent year any accrued, but unused, sick leave at the end of each
Fiscal year. Sick leave may be taken by Employee when Employee or any
member of her immediate family is ill.
b. Vacation Time
Employee's vacation time benefits shall be as follows:
(1) Upon the effective date of this Agreement, Employee shall be
deemed to have three (3) weeks vacation leave. Employee shall
thereafter accrue three (3) weeks vacation leave during the one
year term of this agreement. Employee shall accrue a maximum
sum of one hundred sixty (160) hours of vacation per Fiscal Year,
accrued at the rate of ten (10) hours per each whole month of
employment during such year. Unused accrued vacation time
exceeding the maximum sum stated herein shall not be reimbursed
or payable to Employee by City. Once the maximum sum of
vacation time has been accrued in a year, Employee shall stop
accruing vacation time for that year.
7. Miscellaneous Benefits.
The City shall provide Employee with a technology allowance of $125.00 per
month to cover DSL service and home telephone service, as well as the following:
a. Cellular Phone
During the term of this Agreement, the City shall provide Employee with
a City issued cellular phone to be used primarily for City related business. The City shall pay for
the cellular phone expenses.
ORANGESRCU 1500.1
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b. Computer
jDuring the term of this Agreement, the City shall provide Employee a
"laptop" computer for remote location access. A desktop computer shall also be provided for use
in Employee's office at city hall.
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8. Duties.
1.
i. Employee shall perform the duties of City Manager as prescribed by Section 2-90,
et seg., of the Azusa Municipal Code. In addition to the powers and duties set forth in the Code,
the ;City Manager shall have such powers and duties which are delegated to her by the City
Council. The City Manager shall execute all powers and duties in accordance with the policies
adopted by the City Council and the State of California Government Code.
I
a. City Manager and City Council Responsibilities.
! The City Manager shall be the Chief Executive Officer of the City, the
Redevelopment Agency, and the Industrial Development Authority and Azusa Public Financing
Authority. As such, the City Manager shall have the responsibility for implementing City
Council policy, whereas the City Council shall retain the responsibility for formulating and
adopting said policy. The City Manager shall only implement that City Council policy which is
approved by a majority vote of the City Council. The City Manager shall not take action to
implement any action or participate in any activity concerning City policy without direction in
the form of a majority vote of the City Council. The City Manager shall keep all members of
the City Council informed of her progress in implementing City policy and shall ensure that all
members of the City Council receive copies of all written work product, information or
correspondence concerning City business requested by any one or more members of the
Council.
i b. Personnel Matters.
1
1 The City Manager shall have the additional responsibility of organizing,
reorganizing and arranging the staff of the City in such a way that in her judgment best serves the
City. The City Manager shall have such responsibility in all personnel matters, including
selection, assignment and transfer of employees in accordance with the Personnel Rules of the
City. City Council Members, individually and collectively, will promptly refer to the City
Manager for study and recommendations all criticisms, complaints and suggestions called to
then attention concerning the foregoing matters. The City Manager shall promptly review such
matters and report back to all members of the City Council within a reasonable period of time.
The: City Manager shall consult with City Council Members, individually or collectively, on any
personnel matter when requested to do so by one or more City Council Members, subject to the
requirements of the Ralph M. Brown Act, Government Code Section 54050, et §eq.
ORANGE\SRC\11500.1
C. Other Duties.
The City Manager (or her designee) shall: (1) review all policies proposed
to the City Council and make appropriate recommendations to the City Council; (2) annually, at
a minimum, evaluate employees as provided for by California law and City policy; (3) advise the
City Council of possible sources of funds that might be available to implement present or
contemplated City programs or services; (4) maintain and improve her professional competence
by available means, including subscribing to and reading of appropriate periodicals, and joining
and! participating in appropriate professional associations and their activities; (5) establish and
maintain an appropriate community relations program; and (6) serve as liaison between the City
Council and as its designated representative with respect to all employer-employee matters, and
make recommendations to the City Council concerning those matters. Notwithstanding that a
designee of the City Manager may perform said duties; the City Manager shall be the person
ultimately responsible to the City Council for the proper implementation of the duties and
responsibilities described herein.
I
9. Termination.
I Employee shall serve at the will and pleasure of the City Council and may be
removed from office (terminated) at any time for any reason or no reason upon the affirmative
vote of at least four members of the City Council at a regularly scheduled, non -adjourned
meeting of the City Council. Nothing in this Agreement shall prevent the City Council from
terminating this Agreement and the services of Employee at its sole discretion.
a. Termination Not for Cause.
If Employee is terminated not for cause, she shall receive as severance the then
base monthly salary rate for the number of months, or portion thereof, remaining on the term of
the Agreement. A severance payment received under this Section 9 shall be Employee's sole and
exclusive remedy for any and all claims for damages related to her employment pursuant to this
Agreement.
b. Termination for Cause.
I
If Employee is terminated for cause, then employee shall not be entitled to any
severance benefits. Termination shall be for "cause", for the purpose of this paragraph, shall
mean if Employee: (i) acts in bad faith and to the detriment of the City; (ii) refuses or fails to act
in accordance with any specific direction or order of the City Council; (iii) exhibits misconduct
or dishonesty in regard to her employment; or (iv) is convicted of a misdemeanor or felony
crime, including but not limited to, crimes involving moral turpitude as defined by relevant case
law! substantially related to the functions and duties of the City Manager. "Cause" shall include,
but !not be limited to, theft, embezzlement, unlawful discrimination, commission of a felony,
gross insubordination to the City Council, willful destruction of property, material dishonesty,
repeated unexcused absences, or any other significant acts or omissions determined by the City
ORANGE\SRC\l 1500.1
Council to render the Employee unfit to continue her Employment with the City; willful
unauthorized taking of City funds or property, failure to carry out the primary duties and
responsibilities of her position for a period in excess of 30 days (but excluding time periods
when Employee is disabled or on authorized leave) death, conviction of a felony, or gross
misconduct.
L Removal for Cause
The following are examples of the causes for which
Employee may be disciplined or discharged:
(a) Immoral or unprofessional conduct.
(b) Terrorism as defined by Penal Code section 11400 et seq.
(c) Dishonesty.
(d) Incompetency.
(e) Evident unfitness for service.
(f) Physical or mental condition unfitting him or her to handle
the affairs of the City.
(g) Persistent violation of or refusal to obey the laws of
the state or the City.
(h) Conviction of a felony or of any crime involving moral
turpitude.
(i) Advocating or knowing membership in any organization
which advocates the overthrow of the government of the
United States or of any state by force or violence.
C. Resignation.
If Employee desires to resign her position, she will provide the City
Council with at least sixty (60) calendar days notice, in writing. In the event Employee resigns
from her employment with City, the Employee shall not be entitled to any severance pay.
d. Termination in Proximity to an Election
The City Council shall not issue notice of termination, reduce Employee's
salary or benefits or actually terminate Employee during or within one hundred twenty (120)
days before or one hundred twenty (120) days after the date of a regularly scheduled municipal
election at which members of the City Council are elected.
C. Probationary Term
Notwithstanding anything herein to the contrary whatsoever, during the
fust six (6) months of the term of this Agreement, Employee shall be on a probationary status.
Employee may be terminated for any reason whatsoever prior to or during the probationary
period. If the City Council terminates Employee during the probationary period, Employee shall
not be entitled to severance pay as provided for herein.
ORANGElSRC111500.1
10. General Provisions.
a. This Agreement supersedes any and all other agreements, either
oral' or written, between the parties hereto with respect to the employment of Employee by the
City; and contains all of the covenants and agreements between the parties with respect to the
employment of Employee by the City.
b. Each party agrees and acknowledges that no representations,
inducements, promises, or agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any parry, which are not embodied herein and that any agreement,
statement, or promise not contained in this Agreement shall not be valid or binding on either
party.
C. Any modification of this Agreement will be effective only if made
in writing and signed by both the Employee and the City after approval by the City Council.
d. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect without being impaired or invalidated in any way.
C. This Agreement shall be governed by and construed in accordance
with the law of the State of California.
f. This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor or against any party. By way of example and not in limitation, this
Agreement shall not be construed in favor of the party receiving a benefit nor against the party
responsible for any particular language in this Agreement.
g. Employee acknowledges that she has had an opportunity to consult
legal counsel in regard to this Agreement, that she has read and understands this Agreement, that
she -is fully aware of its legal effect, and that she has entered into it freely and voluntarily and
based on her own judgment and not on any representations or promises other than those
contained in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
ORANGEISRC\11500.1
1
IN WITNESS WFIEREOF, the parties have executed this Agreement on the
daylof July, 2004.
i
EMPLOYEE/CITY MANAGER
I
i
A. Gutierrez
CITY OF AZUSA
Cri Itina Cruz Madrid
Mayor
I•
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ATTEST:
I
I
City Clerk
ORANGE\SRC\11500.1
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f
CITY OF AZUSA t� /Jp
EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is entered into as of the 1st day of
July, 2004, between the City of Azusa (hereinafter referred to as the "City") and Julie
Gutierrez (hereinafter referred to as the "City Manager" or the "Employee"). The above named
parties hereby mutually agree and promise as follows:
1. Term.
This Agreement shall be deemed effective beginning July 1, 2004, through June
30, 2005, unless terminated earlier in accordance with Section 9, or extended in writing after
appioval by both parties.
2. Salary.
City Manager's annual salary shall be $138,000. The first six (6) months of the
term of this agreement are probationary in accordance with Section 9(e).
3. Performance Evaluation.
On or before January 1, 2005, the City Council shall conduct an evaluation of
Employee in a noticed closed session meeting, to review Employee's performance and
compensation. The evaluation of Employee's performance shall be based on the City Council's
review of Employee's fulfilling her obligations as set forth in all of the following: this
Agreement, a work plan approved by the City Council and any other written directive issued to
Employee by the City Council. For purposes of this Section, a written directive may be in the
form of correspondence from an individual member of the Council authorized to give such
directive by a majority of the City Council or in the form of the official open and closed session
minutes of the City Council. Notwithstanding any provision herein to the contrary, Employee
serves at the will and pleasure of the City Council, as set forth in Section 9.
4. Fringe Benefits.
The City shall provide to Employee only those fringe benefits expressly provided
below in this Agreement. The City shall provide to Employee the same health benefit, PERS
benefits and the same long term disability and life insurance benefits provided to non -sworn
department heads.
I
ORANGEVSRO+44-}1LMJ
5. Transportation.
Employee shall provide her own vehicle, including vehicle insurance, gas and
maintenance, to be used in the performance of her duties, and the City shall provide a car
allowance in the amount of $450.00 per month.
6. Sick Leave and Vacation Time
a. Sick Leave
Employee's sick leave benefits shall be as follows:
Employee shall accrue six (6) days of sick leave during the term of this
Agreement. Employee shall not be entitled to cash out or carry over to
any subsequent year any accrued, but unused, sick leave at the end of each
Fiscal year. Sick leave may be taken by Employee when Employee or any
member of her immediate family is ill.
b. Vacation Time
Employee's vacation time benefits shall be as follows:
(1) Upon the effective date of this Aereement. Employee shalllie
deemed to have three (3) weeks vacation leave. Employee shall
thereafter accrue three (3) weeks vacation leave during the one
year term of this agreement. Employee shall accrue a maximum
sum of one hundred sixty (160) hours of vacation per Fiscal Year,
accrued at the rate of ten (10) hours per each whole month of
employment during such year. Unused accrued vacation time
exceeding the maximum sum stated herein shall not be reimbursed
or payable to Employee by City. Once the maximum sum of
vacation time has been accrued in a year, Employee shall stop
accruing vacation time for that year.
7. Miscellaneous Benefits.
The City shall provide Employee with a technology allowance of $125.00 per
month and the following:
i
a. Cellular Phone
i
During the term of this Agreement, the City shall provide Employee with
a CiI ty issued cellular phone to be used primarily for City related business.
i
0"4GE\SRC44-5ri1L5QU
b. Computer
During the term of this Agreement, the City shall provide Employee a
"laptop" computer for use in her house. The laptop compputer. shall be used by Employee
pn arily for City business.
8. Duties.
Employee shall perform the duties of City Manager as prescribed by Section 2-90,
et seg., of the Azusa Municipal Code. In addition to the powers and duties set forth in the Code,
the !City Manager shall have such powers and duties which are delegated to her by the City
Council. The City Manager shall execute all powers and duties in accordance with the policies
adopted by the City Council and the State of California Government Code.
I
{ a. City Manager and City Council Responsibilities.
I
The City Manager shall be the Chief Executive Officer of the City, the
Redevelopment Agency, and the Industrial Development Authority and Azusa Public Financing
Authority. As such, the City Manager shall have the responsibility for implementing City
Council policy, whereas the City Council shall retain the responsibility for formulating and
adopting said policy. The City Manager shall only implement that City Council policy which is
approved by a majority vote of the City Council. The City Manager shall not take action to
implement any action or participate in any activity concerning City policy without direction in
the form of a majority vote of the City Council. The City Manager shall keep all members of
the ;City Council informed of her progress in implementing City policy and shall ensure that all
members of the City Council receive copies of all written work product, information or
correspondence concerning City business requested by any one or more members of the
Council.
i
b. Personnel Matters
The City Manager shall have the additional responsibility of organizing,
reorganizing and arranging the staff of the City in such a way that in her judgment best serves the
City. The City Manager shall have such responsibility in all personnel matters, including
selebtion, assignment and transfer of employees in accordance with the Personnel Rules of the
City. City Council Members, individually and collectively, will promptly refer to the City
Manager for study and recommendations all criticisms, complaints and suggestions called to
their attention concerning the foregoing matters. The City Manager shall promptly review such
matters and report back to all members of the City Council within a reasonable period of time.
Thei City Manager shall consult with City Council Members, individually or collectively, on any
personnel matter when requested to do so by one or more City Council Members, subject to the
requirements of the Ralph M. Brown Act, Government Code Section 54050, et seg .
ORANGE\SRC444P-41150A
I
C. Other Duties.
The City Manager (or her designee) shall: (1) review all policies proposed
to the City Council and make appropriate recommendations to the City Council; (2) periodici ly
evaluate employees as provided for by California law and City policy; (3) advise the YW�
Council of possible sources of funds that might be available to implement present or
contemplated City programs or services; (4) maintain and improve her professional competence
by available means, including subscribing to and reading of appropriate periodicals, and joining
and: participating in appropriate professional associations and their activities; (5) establish and
maintain an appropriate community relations program; and (6) serve as liaison between the City
Council and as its designated representative with respect to all employer-employee matters, and
make recommendations to the City Council concerning those matters. Notwithstanding that a
designee of the City Manager may perform said duties; the City Manager shall be the person
ultimately responsible to the City Council for the proper implementation of the duties and
responsibilities described herein.
9. Termination.
Employee shall serve at the will and pleasure of the City Council and may be
removed from office (terminated) at any time for any reason or no reason upon the affirmative
vote of at least four members of the City Council at a regularly scheduled, non -adjourned
meeting of the City Council. Nothing in this Agreement shall prevent the City Council from
terminating this Agreement and the services of Employee at its sole discretion.
a. Termination Not for Cause.
If Employee is terminated not for cause, she shall receive as severance the then
base monthly salary rate for the number of months, or portion thereof, remaining on the term of
the Agreement. A severance payment received under this Section 9 shall be Employee's sole and
exclusive remedy for any and all claims for damages related to her employment pursuant to this
Agreement.
b. Termination for Cause.
If Employee is terminated for cause, then employee shall not be entitled to any
severance benefits. Termination shall be for "cause", for the purpose of this paragraph, shall
mean if Employee: (i) acts in bad faith and to the detriment of the City; (ii) refuses or fails to act
in accordance with any specific direction or order of the City Council; (iii) exhibits misconduct
or dishonesty in regard to her employment; or (iv) is convicted of a misdemeanor or felony
cri ,ding but not limited to, crimes involving moral turpitude as defined by relevant case
law substantially related to the functions and duties of the City Manager. "Cause" shall include,
but;not be limited to, theft, embezzlement, unlawful discrimination, commission of a felony,
gross insubordination to the EeardCityCouncil, willful destruction of property, material
dishonesty, repeated unexcused absences, or any other significant acts or omissions determined
ORANGE\SRC 4-- UKU
by the I3eardCity Council to render the Employee unfit to continue her Employment with the
r'��; willful unauthorized taking of Distriet it funds or property, failure to carry out the
primary duties and responsibilities of her position for a period in excess of 30 days (but
excluding time periods when Employee is disabled or on unauthorized leave) death, conviction
of al felony, or gross mi
i Seetien- � 1.- Removal for Cause
The following are examples of the causes for which
Employee may be disciplined or discharged:
tI-�a Immoral or unprofessional conduct.
&i Ubb Terrorism as defined by Penal Code section 11400 et seq.
RhUcc Dishonesty.
iv-(�d Incompetency.
v -.e1 Evident unfitness for service.
vi -.W Physical or mental condition unfitting him or her to instrue
or ate v h st.. l ~`handle the affairs of the City.
vii -.W Persistent violation of or refusal to obey the seheel laws of
the state o reasonable ,...lati.....s preseribed for the g efA of th
of the Distriet
T
the state or the City.
viiiW) Conviction of a felony or of any crime involving moral
turpitude.
i0ii1 Advocating or knowing membership in any organization
which advocates the overthrow of the government of the
United States or of any state by force or violence.
C. Resignation.
If Employee desires to resign her position, she will provide the City
with at least sixty (60) calendar days notice, in writing. In the event Employee resigns
r employment with City, the Employee shall not be entitled to any severance pay. -
d. Termination in Proximity to an Election
The City Council shall not issue notice of termination, reduce Employee's
r benefits or actually terminate Employee during or within one hundred twenty (120)
ore or one hundred twenty (120) days after the date of a regularly scheduled municipal
at which members of the City Council are elected.
e. Probationary Term
Notwithstanding anything herein to the contrary whatsoever, during the
first. six (6) months of the term of this Agreement, Employee shall be on a probationary status.
Employee may be terminated for any reason whatsoever prior to or during the probationary
ORAN, GEISRC�-F115QU
I
i
I
I
period. If the City Council terminates Employee during the probationary period, Employee shall
not be entitled to severance pay as provided for herein.
10. General Provisions.
a. This Agreement supersedes any and all other agreements, either
oral or written, between the parties hereto with respect to the employment of Employee by the
City and contains all of the covenants and agreements between the parties with respect to the
employment of Employee by the City.
I
b. Each parry agrees and acknowledges that no representations,
inducements, promises, or agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied herein and that any agreement,
statement, or promise not contained in this Agreement shall not be valid or binding on either
parY•
I,
C. Any modification of this Agreement will be effective only if made
in writing and signed by both the Employee and the City after approval by the City Council.
I
d. If any provision of this Agreement is held by a court of competent
Jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect without being impaired or invalidated in any way.
jC. This Agreement shall be governed by and construed in accordance
with the law of the State of California.
i
1
f. This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor or against any parry. By way of example and not in limitation, this
Agreement shall not be construed in favor of the party receiving a benefit nor against the parry
responsible for any particular language in this Agreement.
I
g. Employee acknowledges that she has had an opportunity to consult
legal counsel in regard to this Agreement, that she has read and understands this Agreement, that
sheiis fully aware of its legal effect, and that she has entered into it freely and voluntarily and
based on her own judgment and not on any representations or promises other than those
contained in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
I
0"GMSRC414-53- IUQM
• I
I
l
i
I
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dayof July, 2004.
EMPLOYEE/CITY MANAGER
I
i
I
Julie A. Gutierrez
I
i
CITY OF AZUSA
i
I
I .
Cristina Cruz Madrid
Mayor
I
I
ATTEST:
City Clerk
0RANMSRC4+-5-x.'115041
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I
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