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2007-009 - Overruling Objections And Ordering Abatement Of Hazardous Vegetation(Weeds) As A Public NuisanceRESOLUTION 2007 -009 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE WHEREAS, on November 20, 2006, the Town Council of the Town of Los Gatos adopted Resolution 2006 -118 entitled, "A RESOLUTION DECLARING HAZARDOUS VEGETATION (WEEDS) A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT," directing the giving of notice that hazardous vegetation (weeds) will be abated by the Town and the cost thereof made a lien upon the private properties from which they are removed if the owners thereof fail to do so, and establishing the January 16, 2007 meeting, as the time for a public hearing by the Town Council, during which all property owners having any objections to the proposed destruction or removal of such hazardous vegetation (weeds) might be heard and given due consideration; and WHEREAS, that the Director of Parks and Public Works of the Town of Los Gatos gave notice of the passage of said Resolution No. 2006 -118 by causing copies of the NOTICE TO DESTROY WEEDS (Exhibit A) in the same form as annexed to said Resolution No. 2006 -118 to be published in the Los Gatos Weekly Times, a newspaper of general circulation published in the Town of Los Gatos on December 13, 2006 and December 20, 2006 respectively, and causing said notice to be posted on December 6, 2006, in three (3) prominent places in the Town of Los Gatos; and WHEREAS, pursuant to said resolution and notice, the Town Council conducted a public hearing this date with respect thereto, at which time all property owners having any objections to the proposed destruction or removal of such hazardous vegetation (weeds) were heard. NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that all objections, if any, to the proposed destruction or removal of such hazardous vegetation (weeds) are hereby overruled, and the Director of Parks and Public Works, or his representative, is hereby ordered to abate such nuisance, or cause the same to be abated, by having the hazardous vegetation (weeds) referred to destroyed or removed by cutting, dicing, chemical spraying, or any other method which may hereafter be determined by the Town Council. FINALLY RESOLVED, that the Director of Parks and Public Works of the Town of Los Gatos, or his authorized agent or representative, and the Clerk Administrator are directed to proceed with the matters set forth in Section J1.20.020 through Section 11.20.045 of the Los Gatos Town Code. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 16th day of January, 2007 by the following vote: COUNCIL MEMBERS: AYES: Steve Glickman, Diane NcMutt, Barbara Spector, Mike Wasserman, and Joe Pirzynski NAYS: None ABSENT: ABSTAIN: 4 SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOR OF THE TOWN OF LOS GATOS LOS CLERK DEPARTMENT AGR IHH AMENDMENT-TO THE TOWN MANAGER AGREEMENT _ REC RESO_ This Amendment to Town Agreement AGR is entered into this _ day of January 2007, and is effective as of November 5, 2006, by and between the Town of Los Gatos, a municipal corporation ( "Town ") and Debra Figone. RECITALS: WHEREAS, Town and Debra Figone executed an Agreement approved on October 16, 2000; and WHEREAS, the Town Council evaluated Debra Figone's performance for the period between November 6, 2005 and November 5, 2006, and determined the Town Manager compensation shall be adjusted. WHEREAS, a recent audit conducted by the Public Employees Retirement System ( "PERS ") recommended that the Town Manager's contract specify that any bonus or incentive award be paid for superior performance in accordance with a structure evaluation plan with identified performance goals and objectives to ensure that a bonus awarded to the Town Manager be treated for retirement purposes consistent with bonuses awarded to all other management staff. IT IS THEREFORE AGREED by the parties as follows: Item 4 subsection (a) of the Agreement is amended to read as follows: 4. Compensation. (a) Effective November 5, 2006, Town shall pay Figone the annual base salary of one hundred ninety thousand five hundred and ninety dollars . ($190,590.00) ( "Base Salary "), in installments at the same time as other employees of Town are paid. 2. Item 9 of the Agreement is amended to read as follows: 9. Performance Review. (c) Any bonus or incentive award paid for superior performance shall be awarded in accordance with a structured evaluation plan with identified performance goals and objectives. N:\MGR\AdminWorkFiles\2007 Council ReportslTown Manager Agreement Amendment 2006- 07.doc Page 1 of 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 Manager Agreement on the date written above. TOWN OF LOS GATOS B }� J e irzynnjski, Myor Debra Figon o Manager ATTEST FOR THE TOWN OF LOS GATOS �erk A strator N:\MGR\AdminWorkFiles\2007 Council Reports \Town Manager Agreement Amendment 2006- 07.doc Page 2 of 2 CLERK DEPARTMENT AMENDMEN - .'O THE TOWN ATTORNEY AGREE NT AGR 1 r7 . 00 This Amendment to Agreement is entered into this J�L day of 200Q, aJR - ffktiue_ b and between the Town of Los Gatos, a municipal corporation ( "Town ") and - Orry P. Korb. ORD RECITALS: RESO WHEREAS, Town and Orry P. Korb executed an Agreement approved on April 7, 1997; and WHEREAS, the Town Council evaluated Ony P. Korb's performance for 2005 -06, and determined the Town Attorney compensation shall be increased. WHEREAS, a recent audit conducted by the Public Employees Retirement System ( "PERS ") recommended that the Town Attorney's contract specify that any bonus or incentive award be paid for superior performance in accordance with a structure evaluation plan with identified performance goals and objectives to ensure that a bonus awarded to the Town Attorney be treated for retirement purposes consistent with bonuses awarded to all other management staff. 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 $158,235, to $166,147 retroactive to June 18, 2006; and a performance bonus of $3,500 is awarded, payable as a lump sum in cash or as a deposit to the employee deferred compensation account. 2. Item 4 (b) of the agreement is amended to read as follows: Performance Review. The Town Council shall evaluate Attorney's performance annually and may adjust the base salary or provide one -time, lump sum payment or some combination of both at the sole discretion of Council, based upon its assessment of Attorney's performance. Any bonus or incentive award paid for superior performance shall be awarded in accordance with a structured evaluation plan with identified performance goals and objectives. 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. ATTEST FOR THE TOWN OF LOS - GATOS erk A�prinistt6t�r � TOWN OF LOS GATOS BY: I� Lci Jo P' zynski, M r BY: Orry P. herb, own Attorney NWOMADMINWORKFILEM2007 COUNCIL REPORMTOWN ATTORNEY AGR AMENDMENT .DOC