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07 Staff Report - Mayor Sign on Behalf of TownDATE: TO: FROM: SUBJECT: MEETING DATE:9/19/05 ITEM NO.~ COUNCIL AGENDA REPORT SEPTEMBER 9,2005 ,ADOPT RESOLUTION AMENDING THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE TOWN ATTORNEY AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF TOWN OF LOS GATOS RECOMMENDATION: Adopt resolution of the Town Council ofthe Town of Los Gatos amending agreement between the Town of Los Gatos and the Town Attorney and authorizing the Mayor to sign amendment on behalf of Town of Los Gatos. DISCUSSION: The Town Council approved an agreement with the Town Attoniey on April 7,1997,which provides for an annual performance evaluation and possible salary adjustments.A review of the Town Attorney's performance has been completed and the following salary adjustments are deemed appropriate: •the annual base salary shall be increased by 5%,from $150,700 to $158,235,retroactive to June 19,2005; • a performance bonus of $5,000 is awarded,payable as a lump sum in cash or as a deposit to the employee deferred compensation account;'and . •the auto allowance shall be increased from $300 per month to $400 per month,retroactive to June 19,2005. PREPARED BY: RP:pg N:\MGR\AdminWorkFiles\cnc ts\9-19-05 Attorney Contract.w d Reviewed by:~Finance ~Assistant Town Manager 9,2005 (3:14pm) Revised:September PAGE 2 MAYORANDTOWNCOUNC~ SUBJECT:ADOPT RESOLUTION AMENDING THE AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE TOWN ATTORNEY AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF TOWN OF LOS GATOS SEPTEMBER 9,2005 ENVIRONMENTAL ASSESSMENTS: Is not a project defmed under CEQA,and no further action is required. FISCAL IMPACT: Sufficient funds are anticipated to be available in the FY 2005/06 adopted budget to provide for the increase in the Town Attorney's compensation. Attachment:Resolution of the Town Council of the Town of Los Gatos amending agreement between the Town of Los Gatos and the Town Attorney and authorizing the Mayor to sign amendment on behalf of Town of Los Gatos RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN ATTORNEY AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF THE TOWN OF LOS GATOS WHEREAS,an Agreement between the Town of Los Gatos and the Town Attorney,Orry P. Korb,was approved by the Town Council on April 7,1997;and WHEREAS,the Agreement provides that the Town Council shall evaluate the Attorney's performance annually and may adjust the base salary or provide a one-time,lump sum payment or some combination of both,based upon an assessment ofthe Attorney's performance;and; WHEREAS,after completing a review of the Town Attorney's performance for 2004-05,the Town Council has determined the Town Attorney agreement shall be amended as follows: •the annual base salary shall be increased by 5%,from $150,700 to $158,235,retroactive to June 19,2005; • a performance bonus of$5,000 is awarded,payable as a lump sum in cash or as a deposit to the employee deferred compensation account;and •the auto allowance shall be increased from $300 per month to $400 per month,retroactive to June 19,2005. RESOLVED,by the Town Council ofthe Town of Los Gatos,County of Santa Clara,State of California,that the Town of Los Gatos enter into an amendment to the Agreement with the Town Attorney (a copy of which is attached and incorporated herein). BE IT FURTHER RESOLVED,that the Mayor is authorized and hereby directed to execute said Amendment to the Agreement in the name and behalf of the Town of Los Gatos. I I I ! ! N:\MGR\AdminWorkFiles\cncIrpts\9-19 Attorney Agr Amendment Reso.wpd Page 1 of 2 PASSED AND ADOPTED at a __meeting ofthe Town Council oftheTown of Los Gatos, California,held on the __day of ,2005 by the following vote: COUNCIL MEMBERS: AYES: NAYES: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS,CALIFORNIA ATTEST: CLElU<.ADMINISTRATOR LOS GATOS,CALIFORNIA I I I ! J I N:\MGR\AdminWorkFiles\cnclrpts\9-19 Attorney Agr Amendment Reso.wpd Page 2 of 2 I \ 1 AMENDMENT TO THE TOWN ATTORNEY AGREEMENT This Amendment to Agreement is entered into this _._day of 2005,and is effective as of ,by and between the Town of Los Gatos,a municipal corporation ("Town")and Orry P.Korb. RECITALS: WHEREAS,Town and Orry P.Korb executed an Agreement approved on April 7;1997; and WHEREAS,the Town Council evaluated Orry P.Korb's performance for 2004-05,and determined the Town Attorney compensation shall be increased. IT IS THEREFORE AGREED by the parties as follows: 1.The Agreement is amended to read as follows: the annual base salary shall be increased by 5%,from $150,700 to $158,235, retroactive to "June 19,2005; a performance bonus of $5,000 is awarded,payable as a lump sum in cash or as a deposit to the employee deferred compensation account;and the auto allowance shall be increased from $300 per month to $400 per month, retroactive to June 19,2005. 2.·The terms and conditions of the Agreement,except as herein amended,shall remain in full force and effect. IN WITNESS WHEREOF,the parties have executed this Amendment to the Town Attorney Agreement on the date written above. TOWN OF LOS GATOS BY: .Mike Wasserman,Mayor BY: Orry P.Korb,Town Attorney N:\MGR\AdminWorkFiles\cnclrpts\9-19 Town Attorney Age Amendment .wpd