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HomeMy WebLinkAbout2023-84 - Adopting a New Salary Range for the City ClerkRESOLUTION NO. 2023-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING A NEW SALARY RANGE FOR THE CITY CLERK WHEREAS, Newport Beach Municipal Code Section 2.28.010 authorizes the City Council of the City of Newport Beach ("City") to establish terms of employment, including compensation and benefits, for City employees; WHEREAS, the City Council previously adopted Resolution No. 2022-52 which established the salary ranges for non -represented Executive Management employees, including the City Clerk; WHEREAS, the City of Newport Beach desires to provide a five percent base salary increase to the City Clerk which requires an adjustment to the salary range for that position; WHEREAS, the City Council wishes to modify the salary ranges for the City Clerk by the amount needed to accommodate the base wage increases set forth in her employment agreements and amendments, as adjusted from year to year; and WHEREAS, by adopting this resolution, the City Council intends to amend the salary schedules as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference, to be in conformance with the City Clerk's employment agreement and amendments. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby approve the salary range for the City Clerk as set forth in Exhibit 'A," which shall prevail over any previously adopted salary range for the City Clerk that conflicts herewith. After December 31, 2025, the salary range for the City Clerk shall adjust with the percentage cost -of -living adjustments approved by the City Council for Key and Management Executive Management Employees as set forth in the City Council -approved Key and Management Compensation Plan and/or amendments. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2023-84 Page 2 of 3 Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2023-84 Page 3of3 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28th day of November, 2023. ATTEST: BrownCity Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ar.e c---- a on C. Harp City Attorney Attachment: Exhibit A - City Clerk Salary Schedule Adjustment AMENDMENT B TO CITY OF NEWPORT BEACH SEVENTH AMENDED AND RESTATED EMPLOYMENT AGREEMENT — CITY CLERK WHEREAS, on May 24, 2022, the City of Newport Beach, a California municipal corporation and Charter City ("Employer" or "City") and LEILANI I. BROWN ("Employee"), an individual (sometimes collectively referred to herein as "the Parties") entered into a Seventh Amended and Restated Employment Agreement ("Agreement") for the period of May 24, 2022 through May 24, 2026; WHEREAS, the City Council wishes to adjust Employee's base pay by 5% effective December 2, 2023; and WHEREAS, this amendment will not be binding until it is approved by the City Council. NOW, THEREFORE, it is mutually agreed between the Parties as follows: 1. Section 3. Compensation and Performance Evaluation, Section A, is amended to read as follows: A. Employer agrees to pay Employee an annual base salary of One Hundred Eighty Thousand, Four Hundred and Nineteen Dollars ($180,419) ("Base Salary"), effective December 2, 2023. 2. Except as expressly modified herein, all other terms and provisions set forth in the Agreement shall remain unchanged and shall be in full force and effect. Signatures on the next page Amendment B To Seventh Amended And Restated Employment Agreement - Brown Page I of 2 EMPLOYER CITY OF NEWPORT BEACH A Municipal Corporation NO Noah Blom, Mayor Date: Date: EMPLOYEE, An Individual Leilani I. Brown APP OVED AS TO FORM: �.�. C. a--- 17- G 2 3 By: Date: 1(6 Aaron C. Harp, City Attorney ATTEST: Date: Leilani Brown, City Clerk Amendment B To Seventh Amended And Restated Employment Agreement - Brown Page 2 of 2 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-84 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 28th day of November, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Pro Tem Will O'Neill, Councilmember Brad Avery Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember Erik Weigand NAYS: Mayor Noah Blom IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of November, 2023. r� Leilani I. Brown City Clerk Newport Beach, California ` FC) R