AGENDA ITEM F-6
City Attorney
STAFF REPORT
City Council
Meeting Date:
Staff Report Number:
Consent Calendar:
9/13/2016
16-164-CC
Approval of Third Amendment to Employment
Agreement Between the City of Menlo Park and
Alexander D. McIntyre and Approval of Bonus
Recommendation
Consider approval of (a) the Third Amendment to Employment Agreement Between the City of Menlo Park
and Alexander D. McIntyre (hereinafter, “McIntyre”), (b) bonus in the amount of $15,000.00 to McIntyre, and
(c) direction to review McIntyre’s performance at the end of six (6) months.
Policy Issues
There are no direct policy issues presented by the proposed Third Amendment.
Background
The City entered into an Employment Agreement with McIntyre dated February 6, 2012, which was
subsequently amended, (hereinafter, the “Agreement”). His salary is currently Two Hundred Seventeen
Thousand Five Hundred Dollars ($217,500.00), and the current annual contribution to the 401-A defined
contribution plan fbo McIntyre is Seventeen Thousand Dollars ($17,000.00) plus an additional contribution
equal to the amount of the monthly health insurance premium that the City would have paid for McIntyre’s
health insurance coverage with such amount based on a single person coverage.
Analysis
The proposed Third Amendment: 1) Extends the term of McIntyre’s employment for one year from March 7,
2017, to March 7, 2018; and 2) Increases McIntyre’s annual salary to Two Hundred Twenty-One Thousand
Eight Hundred Dollars ($221,800.00). For comparison purposes, attached is a survey of cities that are
typically included in salary/benefit comparison surveys for Menlo Park employee groups, showing
comparable salary, cash benefits and insurance benefits for city managers in those cities. If the Third
Amendment is approved, McIntyre’s base salary will be below the average and median city manager
salaries for the surveyed cities; his salary/cash benefits combined will be slightly above the average and
median comps for the surveyed cities; and the combined salary, cash benefits and insurance benefits will
be slightly below the average and median comps for the surveyed cities. Note that the major difference
between the salary plus cash benefits and the salary plus cash benefits plus insurance benefits is that
McIntyre elected to convert what would otherwise be paid for health insurance to deferred comp pursuant to
the First Amendment to Employment Agreement.
The City Council directed that an amendment to the Agreement be prepared consistent with the attached
Third Amendment and that the Council desired to approve a cash bonus to McIntyre in the amount of
Fifteen Thousand Dollars ($15,000.00). The bonus is not included in McIntyre’s PERSable compensation.
City of Menlo Park
701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org
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Staff Report #: 16-164-CC
The Council also indicated that it would review McIntyre’s performance after six (6) months to consider an
additional performance bonus based on achieving substantial progress on the Council’s priority projects.
Impact on City Resources
There is sufficient funding to cover McIntyre’s compensation package for the 2016-17 fiscal year.
Environmental Review
No environmental review is required.
Public Notice
Public Notification was achieved by posting the agenda, with the agenda items being listed, at least 72
hours prior to the meeting.
Attachments
A. Third Amendment to Employment Agreement (with copy of Employment Agreement and First and
Second Amendment attached thereto)
B. Salary Study Effective March 2016
Report prepared by:
William L. McClure, City Attorney
City of Menlo Park
701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org
PAGE 32
ATTACHMENT A
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF MENLO PARK AND ALEXANDER D. MCINTYRE
The CITY OF MENLO PARK (“CITY”) and ALEXANDER D. MCINTYRE (“MCINTYRE”) have
previously entered into that certain Employment Agreement dated February 6, 2012, as
previously amended, (“Agreement”) whereby MCINTYRE was employed as the City Manager of
the CITY. The parties agree to modify and amend the Agreement as follows:
1. Paragraph 4 of the Agreement is amended to extend the term of MCINTYRE’s employment
to March 7, 2018.
2. Paragraph 7.1 of the Agreement is amended to increase MCINTYRE’s annual salary from
Two Hundred Seventeen Thousand Five Hundred Dollars ($217,500.00) to Two Hundred
Twenty-One Thousand Eight Hundred Dollars ($221,800.00), payable on the same terms as
outlined in Paragraph 7.1 of the Agreement.
3. The terms and provisions set forth in this Third Amendment shall be effective as of March 7,
2016.
4. Except as modified herein all of the remaining terms and provisions shall remain in effect. If
any conflicts exist between the Agreement and this Third Amendment, the terms of this Third
Amendment shall govern
CITY OF MENLO PARK
Date: _________________
By: ___________________________
Mayor
Date: _________________
By: ___________________________
Alexander D. McIntyre
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ATTACHMENT B
Menlo Park
Title: City Manager
Analysis Date: July 2016
Total Normal Cost
Survey Agency
Comparable Classification
Maximum
Monthly
Salary
457 Contr
401a Contr
Auto
Allowance
(%)
($)
"Classic" EE Contribution
(%)
($)
Insurance Benefits
Wages +
Pension
Medical
Dental
Vision
LTD
Benefits
Total
Total Comp
Rank
Belmont
City Manager
$20,084
$1,004
$0
$500
16.1%
$3,236
7.0%
-$1,406
$23,418
$1,941
$128
$19
$0
$2,088
$25,506
3
Burlingame
City Manager
$18,781
$376
$0
$0
18.6%
$3,489
9.5%
-$1,784
$20,862
$2,486
$308
$88
$24
$2,906
$23,768
9
11
Campbell
City Manager
$16,958
$417
$0
$225
17.6%
$2,977
7.0%
-$1,187.03
$19,390
$2,688
$169
$31
$81
$2,969
$22,359
Cupertino
City Manager
$21,263
$0
$0
$350
18.7%
$3,971
6.3%
-$1,329
$24,255
$802
$78
$15
$63
$958
$25,213
5
Foster City
City Manager
$20,400
$0
$816
$0
17.3%
$3,527
8.0%
-$1,632
$23,111
$2,032
$132
$20
$47
$2,231
$25,342
4
Los Altos
City Manager
$17,420
$0
$0
$300
19.6%
$3,411
8.0%
-$1,394
$19,738
$1,891
$237
$0
$0
$2,128
$21,866
12
Los Gatos
Town Manager
$16,917
$0
$0
$0
18.1%
$3,068
7.0%
-$1,184
$18,800
$1,821
$125
$11
$19
$1,976
$20,776
13
Millbrae
City Manager
$20,436
$833
$0
$0
20.4%
$4,164
2.5%
-$511
$24,923
$1,386
$108
$31
$0
$1,525
$26,448
2
Palo Alto
City Manager
$23,750
$0
$4,417
$600
18.0%
$3,978
8.0%
-$1,767
$30,978
$1,931
$167
$16
$17
$2,130
$33,109
1
Redwood City
City Manager
$20,667
$413
$413
$400
17.1%
$3,534
16.0%
-$3,307
$22,121
$1,634
$118
$13
$8
$1,774
$23,895
8
San Bruno
City Manager
$19,472
$195
$0
$300
18.3%
$3,572
8.0%
-$1,558
$21,981
$1,985
$0
$0
$109
$2,094
$24,075
7
San Carlos
City Manager
$20,027
$0
$0
$550
15.6%
$3,126
7.0%
-$1,402
$22,301
$1,634
$106
$14
$68
$1,822
$24,123
6
Menlo Park
City Manager
$18,125
$0
$2,575
$320
18.0%
$3,262
9.7%
-$1,756
$22,525
$0
$181
$23
$79
$283
$22,808
10
Median (Excluding Menlo Park)
Variance from Median
$20,056
-9.63%
$22,211
1.42%
$24,099
-5.36%
Average (Excluding Menlo Park)
Variance From Average
$19,681
-7.91%
$22,656
-0.58%
$24,707
-7.68%
Notes:
Millbrae: All data, except for Top Step Base and Total Normal Cost, was taken from 2015 survey and is subject to change pending confirmation from Human Resources staff.
Los Altos: Los Altos currently has an Interim City Manager (temporary contract that is not the same in scope). To facilitate comparison, we are reflecting compensation for prior City Manager. Dental reflects maximum reimbursement for Employee + Dependent. Vision is included in dental plan.
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