CR 12-20-04 05
DATE: TO: FROM: COUNCIL AGENDA REPORT December 9, 2004 MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER MEETING DATE: 12/20/04 ITEM NO. 5 SUBJECT: ADOPTRESOLUTIONAMENDINGAGREEMENTBETWEENTHETOWN
OF LOS GATOS ANDTHETOWNATTORNEYANDAUTHORIZINGTHE MAYOR TO SIGN AMENDMENT ON BEHALF OF THE 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 the Town of Los Gatos. DISCUSSION: The Town Council approved
an agreement withthe TownAttorney on April 7, 1997, which provides for annual performance evaluation and possible salary adjustments. Based upon a review of the Town Attorney's performance,
his salary shall be adjusted by 4.75% effective June 20, 2004. ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Funding
for an increase in the Town Attorney's compensation is available in the FY 2004-2005 adopted budget. PREPARED BY: GARY ROGERS Human Resources Director GR:pg N:\MGR\AdminWorkFiles\cnclrpts\12-20
Town Attorney Agr Amendment TC Report.wpd Reviewed by: Assistant Town Manager __Town Attorney Clerk Administrator __Community Development Revised: 12/9/04
10:23 am Reformatted: 5/30/02
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AMENDING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE TOWN ATTORNEY AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF
THE TOWN OF LOS GATOS December 9, 2004 Attachment: Resolution amending agreement between the Town of Los Gatos and the Town Attorney and authorizing the Mayor to sign amendment on behalf
ofTown 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 of the Attorney's performance; and; WHEREAS, after completing a review ofthe Town Attorney's performance between May 25, 2003, and June 19, 2004, the
Town Council has determined the Town Attorney compensation shall be increased by 4.75% effective June 20, 2004. RESOLVED, bJ: the Town Council ofthe Town ofLos Gatos, County of Santa
Clara, State ofCalifornia, that the Town ofLos Gatos enter into an amendment to theAgreement with the Town Attorney (a copy of which is attached and incorporated herein). BE IT FURTHER
RESOLVED, thatthe Mayor is authorized and hereby directed to execute said Amendment to the Agreementin the name and behalf ofthe Town ofLos Gatos. PASSED AND ADOPTED at a meeting ofthe
Town Council of the Town of Los Gatos, California, held on the __day of December, 2004 by the following vote: COUNCIL MEMBERS: AYES: NAYES: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN
OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\MGR\AdminWorkFiles\cncIrpts\12-20 Town Attorney Agr Amendment Reso.wpd
AMENDMENT TO THE TOWN ATTORNEY AGREEMENT This Amendment to Agreement is entered into this _ day of December 200'4, and is effective as of June 20, 2004, 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 the period between May 25, 2003, and June 19,2004, 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: Increase annual base salary to $150,700 effective June 20, 2004. 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\12-12-20 Town Attorney Agr Amendment .wpd