HomeMy WebLinkAboutTravis Hopkins - 2019-12-16 Al�paUVED &-o-/
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City of Huntington Beach
File #: 19-1226 MEETING DATE: 12/16/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Oliver Chi, City Manager
Subject:
Approve the appointment of Travis Hopkins to the position of Assistant City Manager and
authorize the City Manager to execute the associated Employment Agreement
Statement of Issue:
Since May 2019, Mr. Hopkins has served the City capably as the Interim Assistant City Manager.
Based on an assessment of his overall job performance, it is recommended that Mr. Hopkins be
officially appointed as the next Assistant City Manager for Huntington Beach.
Financial Impact:
Funding for this position is included in the FY 2019/20 budget.
Recommended Action:
Approve the "Employment Agreement Between the City of Huntington Beach and Travis Hopkins,"
and authorize the City Manager to execute any and all relevant and associated documents.
Alternative Action(s):
Do not approve the employment agreement with Mr. Hopkins to serve as Assistant City Manager, and
provide staff with alternate direction.
Analysis:
In May 2019, Mr. Hopkins was asked to begin serving as Interim Assistant City Manager, a position
he has filled since that time. Previously, Mr. Hopkins served as the City's Public Works Director, a
position he had held since December 2007.
Based on an evaluation of his overall performance, it is now recommended that Mr. Hopkins be
appointed to the permanent role of Assistant City Manager. Of note, Mr. Hopkins has more than 27
years of private sector and public sector professional experience, as follows..
■ 6/1992 - 1/2000: Chicago Bridge and Iron - Field Engineer, Design Engineer, Project Manager
City of Huntington Beach Page 1 of 2 Printed on 12/11/2019
._..-ram Legistar—
File #: 19-1226 MEETING DATE: 12/16/2019
■ 1/2000 - 11/2004: City of Carson - Assistant City Engineer /Associate Civil Engineer/ Senior
Civil Engineer
■ 11/2004 - 6/2006: City of Placentia - Director of Public Works / City Engineer
■ 6/2006 - 12/2007: City of Huntington Beach - City Engineer
■ 12/2007 - Present: City of Huntington Beach - Director of Public Works
Mr. Hopkins also holds a bachelor's degree in civil engineering from the University of Idaho, and a
master's degree in public administration from CSU Long Beach.
Based on an overall assessment of Mr. Hopkins' performance, it is recommended that the City
Council authorize his appointment to the Assistant City Manager position, effective December 17,
2019. The contractual compensation is recommended at Non-Associated / Executive Management
Pay Grade NA 0592, Starting Point Step E ($106.32 / hour).
Environmental Status:
N/A
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Employment Agreement
2. Exhibit 1 - Non-Associated Executive Management Salary Schedule Effective November 04,
2019
City of Huntington Beach Page 2 of 2 Printed on 12/11/2019
poweree34 Legistar
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND TRAVIS HOPKINS
THIS AGREEMENT is entered into this 16th day of December , 2019, between
the City of Huntington Beach, a California municipal corporation, hereinafter "City," and Travis
Hopkins, hereinafter "Hopkins."
WITNESSETH
WHEREAS, the City Manager has been empowered to appoint and remove department
heads; and
WHEREAS,the City,through the City Manager,desires to employ the services of Hopkins
as Assistant City Manager for the City of Huntington Beach; and
WHEREAS, the City seeks to provide certain benefits, establish certain conditions of
employment, and to set working conditions of Hopkins; and
WHEREAS, the City intends to:
(1) Secure, retain and employ the services of Hopkins: and
(2) To provide a means for terminating Hopkins's service; and
(3) Hopkins intends to accept employment as Assistant City Manager;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SECTION 1. DUTIES.
The City agrees to employ Hopkins as Assistant City Manager for the City to perform the
functions and duties of that office as set forth in the Municipal Code of the City of Huntington
Beach and the City Charter, and to perform other duties and functions as the City Manager shall
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Travis Hopkins Employment Agreement-2019
from time to time assign. Hopkins shall devote his full attention and effort to the office and
perform the mentioned duties and functions in a professional manner.
SECTION 2. STATUS AND TERM.
(a) Hopkins shall serve for an indefinite term at the pleasure of the City Manager and
shall be considered an at-will employee of the City.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Manager to terminate the employment of Hopkins at any time, subject only to the
provisions set forth in Section 6, subparagraphs (a), (b)and(c)of this Agreement, and Section 401
of the Charter of the City of Huntington Beach.
(c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right
of Hopkins to resign at any time from his position with the City, subject only to the provisions set
forth in Section 6, subparagraph (d), of this Agreement.
(d) Hopkins agrees to remain in the exclusive employ of City for an indefinite period
of time and shall neither accept other employment or become employed by any other employer
without the prior written approval of the City Manager until notice of Hopkins's resignation is
given.
The term "employed" (and derivations of that term as used in the preceding paragraph)
shall include employment by another legal entity or self-employment, however, shall not be
construed to include occasional teaching,writing,consulting,or military reserve service performed
on Hopkins's time off, and with the advance approval of the City Manager.
SECTION 3. SALARY.
City agrees to pay Hopkins for his services rendered pursuant to this Agreement at Range
NA0592, Starting Point Step E($106.32/hour) of the City's classification and compensation plan
or Resolutions or Ordinances from time to time enacted that govern such compensation.
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Travis Hopkins Employment Agreement-2019
SECTION 4. OTHER BENEFITS.
Hopkins shall also receive all such other benefits that are generally applicable to non-
associated employees (Department Heads) hired after 12/27/97, as set forth in Huntington Beach
City Council Resolution No. 2016-50, entitled "A Resolution Of The City Council Of The City Of
Huntington Beach Modifying Salary And Benefits For Non-Represented Employees Including The
Elected City Attorney, City Clerk, And City Treasurer, " a copy of which is attached hereto as
Exhibit "A" and incorporated by reference as fully set forth herein. Hopkins shall also be eligible
for a cell-phone stipend (Smartphone) in the amount of$50.00 per month, paid bi-weekly. The
benefits provided to Hopkins pursuant to this Section may be modified by the City from time to
time, upon adoption of a successor Resolution.
SECTION 5. ADMINISTRATIVE LEAVE.
The City Manager may place Hopkins on Administrative Leave with full pay and benefits
at any time during the term of this Agreement.
SECTION 6. TERMINATION AND SEVERANCE PAY.
(a) Except as provided in subsection(b), in the event the City Manager.terminates the
employment of Hopkins, and during such time that Hopkins is willing and able to perform his
duties under this Agreement, then City shall pay to Hopkins a severance payment equal to salary
payments which Hopkins would have been receiving over a twelve week period at Hopkins's
current rate of pay in effect on the day prior to the date of termination. In addition, for the lesser
of ninety (90) calendar days after the date of termination or the time Hopkins secures health and
medical insurance through comparable employment, the City shall maintain and pay for health,
medical, disability, the continuation of retirement benefits and life insurance in such amounts and
on such terms as have been received by Hopkins and Hopkins's dependents at the time of such
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Travis Hopkins Employment Agreement-2019
termination; however,no other or additional benefits shall accrue during this ninety(90)calendar-
day period.
(b)(1) Notwithstanding subsection (a) above, the following reasons shall constitute
grounds to terminate the employment of Hopkins without severance pay:
(i) a willful breach of this agreement or the willful and repeated neglect
by Hopkins to perform duties that she is required to perform;
(ii) conviction of any criminal act relating to employment with the City;
(iii) conviction of a felony.
(2) Prior to the time that the City Manager terminates Hopkins without
severance pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the
City Manager shall provide Hopkins with written notice of proposed termination which will
include the reason and factual basis for termination. Within ten days of such notice,Hopkins may
request an opportunity to respond to the reasons and factual basis provided by the City Manager.
If such a request to respond is made, the City Manager shall conduct a meeting, which may be
informal in nature that Hopkins may respond to the notice of proposed termination. At such
meeting, Hopkins may be represented by an attorney of his choice and present evidence or
information relevant to the reasons and factual basis set forth in the notice of proposed termination.
Subsequently, the decision of the City Manager as to whether reasons set forth in Section (b)(1)
exist or do not exist shall be final as between the parties.
(c) In the event the City at any time during the term of this Agreement, reduces the
salary of Hopkins from its current level, except as part of an across-the-board reduction for all
Directors of City, or in the event City refuses, following written notice, to extend to Hopkins any
non-salary benefit customarily available to all Directors, or in the event Hopkins resigns following
a suggestion,whether formal or informal,by the City Manager that she resign,then,Hopkins may,
at his option, be deemed to be "terminated". The termination date will occur then at the date of
reduction or refusal to extend or such suggestion of resignation within the meaning and context of
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Travis Hopkins Employment Agreement-2019
the severance pay provision in subparagraph (a) above; provided that the option to be deemed
terminated is exercised by written notice from Hopkins and delivered to the City Manager within
ten (10) working days of notification of such reduction, refusal to extend, or suggestion of
resignation. In that event, the severance payment shall be calculated from the date Hopkins
exercises the option to be deemed terminated.
(d) In the event Hopkins voluntarily resigns his position, Hopkins shall give City
written notice at least thirty (30) days prior to the last workday, unless the City Manager and
Hopkins otherwise agree.
(e) It is understood that after notice of termination in any form, Hopkins and the City
will cooperate to provide for an orderly transition. Specific responsibilities during such transition
may be specified in a written separation agreement.
SECTION 7. DISABILITY.
If Hopkins is medically, physically disabled or otherwise unable to perform his duties
because of sickness, accident, injury,mental incapacity or ill health, and has provided proof of the
same from a medical professional, she shall be eligible for Disability Leave upon exhausting all
accrued sick leave, general leave and executive leave, and duty injury leave if applicable.
Disability Leave shall be unpaid and shall be approved by the City Manager for a time period of
up to three (3) months. The length of such time period of the Disability Leave shall be dependent
upon the length of the disability as demonstrated by Hopkins. If Hopkins is unable to return to
work at that time, the City shall have the option to terminate the employment of Hopkins, subject
to the requirements imposed on City by Section 6, paragraph(a).
SECTION 8. PERFORMANCE EVALUATION.
The City Manager shall review and evaluate in writing the performance of Hopkins at least
once annually. That review and evaluation shall be in accordance with specific criteria developed
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Travis Hopkins Employment Agreement-2019
in consultation with Hopkins and the City Manager. Those criteria may be added to or subtracted
from as the City Manager may from time to time determine, in consultation with Hopkins.
SECTION 9. GENERAL AND EXECUTIVE LEAVE
Hopkins shall accrue General Leave in accordance with the General Leave accrual
provisions applicable to Department Heads of the City as contained in the Non-Associated
Resolution (Exhibit "A"). Upon executing this agreement, Hopkins shall be credited with an
allocation of 100 hours that will be added to Hopkins' General Leave accrual bank. Hopkins shall
also be credited 80 hours of Executive Leave on January 1 of each calendar year, and shall be pro-
rated upon his first day of employment within the first year. Executive Leave must be used in the
same calendar year it is credited; unused Executive Leave may not be carried forward to the next
calendar year or cashed out at any time. General Leave shall be accrued in accordance with the
appropriate provisions of the Non-Associated Resolution (Exhibit "A"). Hopkins shall provide
the City Manager with reasonable notice prior to taking two (2) or more General Leave or
Executive Leave days off.
SECTION 10. PROFESSIONAL DEVELOPMENT.
The City agrees to budget and pay for Hopkins's professional memberships as normally
accorded to Department Heads. Hopkins shall also receive paid leave,plus registration,travel and
reasonable expenses for short courses, conferences and seminars that are necessary for
professional/personal development and, in the judgment of the City Manager, for the good of the
City, and subject to budget limitations and to established travel policies and procedures.
SECTION 11. FINANCIAL DISCLOSURE.
Hopkins shall report to the City Manager any ownership interest in real property within the
County of Orange, excluding personal residence. Hopkins shall also complete and file annually,
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Travis Hopkins Employment Agreement-2019
Financial Disclosure 700 Forms. Also, Hopkins shall report to the City Manager any financial
interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or
from which City intends to make a purchase. Such reporting shall be made in writing by Hopkins
to the City Manager within ten (10) calendar days of the execution of this agreement and within
ten (10) calendar days of acquisition of that interest in real property. Additionally, Hopkins shall
report in writing to the City Manager any financial interest greater than Ten Thousand Dollars
($10,000) in value in a firm doing work for the City or from whom the City intends to make a
purchase immediately upon notice of the intended work or purchase.
SECTION 12. INDEMNIFICATION.
The City shall defend and indemnify Hopkins against actions, including but not limited to
any: tort, professional liability claim or demand, or other non-criminal legal, equitable or
administrative action, arising out of an alleged act or omission occurring in the performance of
Hopkins during the discharge of his duties as an employee/officer of the City, other than an action
brought by the City against Hopkins, or an action filed against the City by Hopkins. The City shall
pay the reasonable expenses for the travel, lodging, meals, and lost work time of Hopkins should
Hopkins be subject to such, should an action be pending after termination of Hopkins. The City shall
be responsible for and have authority to compromise and settle any action, with prior consultation
with Hopkins, and pay the amount of any settlement or judgment rendered on that action. Hopkins
shall cooperate fully with the City in the settlement, compromise, preparation of the defense, or trial
of any such action.
SECTION 13. GENERAL PROVISIONS.
(a) The text herein shall constitute the entire Agreement between the parties.
(b) This Agreement shall become effective commencing December 17, 2019.
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Travis Hopkins Employment Agreement-2019
(c) If any provision, or any portion of any provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement,
or any portion of it, shall be deemed severable, shall not be affected and shall
remain in full force and effect.
(d) No amendment of this Agreement shall be effective unless in writing and signed by
both parties.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on
its behalf by its City Manager, and Hopkins has signed and executed this Agreement, both in
duplicate, the day and year first above written.
C Y: HOPKINS:
City Manager Travis Hopkins
APPROVED O FORM:
C' Attorney
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Travis Hopkins Employment Agreement-2019
EXHIBIT 1
NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE NOVEMBER 04, 2019
Job No. Description Pay Starting Control High
Grade Point Point Point
EXECUTIVE MANAGEMENT
0591 City Manager NA0591 Per Contract 125.00 128.29
0029 jInterinn City Manager NA0029 NA NA 122.68
DEPARTMENT HEADS
0592 Assistant City Manager NA0592 85.82 95.51 106.32
0009 y ?lA0000 74 64 63-07 92,46
0014 Director of Community Services NA0014 74.64 83.07 92.46
0008 D reGtoF Of EG9R9FRiG Develepm t*140008 7 -64 88- 7- 92.46
8674 D FestoF of +x+aRbeset+ryes NA0674 7464 83:0 02 46
0479 Chief Information Officer NA0479 74.64 83.07 92.46
0007 Director of Library Services NA0007 69.94 77.85 86.66
0589 Community Development Director NA0589 80.82 89.97 100.13
0010 Director of Public Works NA0010 80.82 89.97 100.13
0518 Chief Financial Officer NA0518 80.82 89.97 100.13
0015 Fire Chief NA0015 85.82 95.51 106.31
0011 Police Chief NA0011 85.82 95.52 106.31
Director of Organizational Learning &
0012 Engagement NA0012 74.64 83.07 92.46
ELECTED OFFICIALS
0016 City Attorney NA0016 100.18 111.51 124.10
0017 City Clerk NA0017 1 69.941 1 77.851 1 86.66
ELECTED OFFICIALS PART-TIME
0018 ICity Treasurer- PART-TIME NA0018 1 69.941 1 77.851 1 86.66
CONTRACT NON-DEPARTMENT HEAD
Job No. Description Pay A B C D E
Grade
0593 Chief Assistant City Attorney NA0593 74.64 78.75 83.07 87.64 92.46
0699 Deputy Community Prosecutor NA0699 43.20 45.58 48.08 50.73 53.52
0840 Deputy Director of Community Dev NA0840 66.54 70.21 74.07 78.14 82.44
0650 Assistant Chief of Police NA0650 78.70 83.03 87.60 92.41 97.50
0900 Assistant Chief Financial Officer NA0900 66.54 70.21 74.07 78.14 82.44
'Per Resolution 2019-78 adopted on 11/04/19 the compensation of City Manager was modified,the Director of Organizational Learning&
Engagement was added,and the positions of the Director of Human Resources, Director of Building&Safety and Director of Economic
Development were deleted.
643
Openedt
Work Order: #212385 11/26/2019 Closed:
Th s issue is assigne
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By Anna Plewa
Agenda & Public Hearing Comments Email berTepiincess@aol.com
Phone 555-555-5555
SUB TYPE
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City Council Meeting
STREET ADDRESS
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COMMENTS&ADDITIONAL NOTES
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From:berreprincess@aol.com
Sent:Monday,November 25,2019 7:02 PM
To:CITY COUNCIL;Chi,Oliver
Subject:Concerning the Asst.City Manager Job
Dear Mr.Chi and City Council members,
I strongly suggest looking elsewhere for an Asst.City Manager instead of picking Travis
Hopkins.After what happened with the bench and the shady dealings to remove the bench
because of Kim Kramer,this is the last job that Travis Hopkins should be appointed to.Please
think again about who you are putting into a position like this and what they have done along
the lines of helping a nobody citizen being able to have so much control over things like a
bench in a park being moved without going through proper channels.Why not find someone
else that will do the job without being shady?Or is it that is what is wanted so more dirty
dealings behind closed doors can go on?
Sincerely, 642
Anna Plewa