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06 Staff Report - Mayor Sign AmendmentMEETING DATE: 1/3/05 pow N of ITEM NO. COUNCIL AGENDA REPORT ~g GN DATE: . December 21, 2004 TO: MAYOR AND TOWN COUNCIL FROM: GARY ROGERS, HUMAN RESOURCES DIRECTOR SUBJECT: ADOPT RESOLUTION AMENDING AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE TOWN MANAGER AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF TOWN OF LOS GATOS RECOMMENDATION: Adopt resolution of the Town Council of the Town of Los Gatos amending agreement between the Town of Los Gatos and the Town Manager and authorizing the Mayor to sign amendment on behalf of Town of Los Gatos. DISCUSSION: The Town Council agreement with the Town Manager provides for an annual performance evaluation and possible salary adjustments. Based upon a review of the Town Manager's performance between November 9, 2003 and November 6, 2004, a one-time non-reoccurring bonus of $5,000 shall be made effective January 7, 2005. All other terms and conditions of the agreement between the Town Manager and the Town of Los Gatos shall remain in full force and effect. In an effort to set an example and help address the budgetary shortfall, the Town Manager voluntarily declined a salary adjustment in 2003. Further, the Town Manager has not received any increase in the Town-paid health insurance since 2002. A one-time bonus does not increase base salary, yet reflects the Council's desire to recognize the performance of the Town Manager. The bonus is in recognition of the positive impact the Town Manager has made on the Town operations. It is similar in nature to the Exceptional Contribution Pay Program provided to other Town management personnel. PREPARED BY: GARY ROGERS Human Resources Director N:\MGR\AdminWorkFiles\cnclrpts\1-3 Town Manager Agreement.wpd Reviewed by: Assistant Town Manager ,,'own Attorney Clerk Administrator 4~~ Finance Community Development Revised: 12/21/04 9:23 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 MANAGER AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF TOWN OF LOS GATOS December 21, 2004 ENVIRONMENTAL ASSESSMENT: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Funding for the Town Manager's compensation is included in the FY 2004-2005 adopted budget. Attachment: Resolution amending agreement between the Town of Los Gatos and the Town Manager 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 MANAGER 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 Manager, Debra Figone, was approved by the Town Council on October 16, 2000; and WHEREAS, the Agreement provides that the Town Council shall evaluate the Manager'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 Manager's performance; and; WHEREAS, after completing a review of the Town Manager's performance between November 9, 2003 and November 6, 2004, the Town Council has determined the Town Manager shall receive a one-time non-reoccurring bonus of $5,000, effective January 7; 2005. RESOLVED, by the Town Council of the 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 Manager (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. PASSED AND ADOPTED at a meeting of the Town Council of the Town of Los Gatos, California, held on the day of January, 2005 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\cnclrpts\1-3 Town Manager Agreement Resolution.wpd i AMENDMENT TO THE TOWN MANAGER AGREEMENT This Amendment to Agreement is entered into this _ day of January 2005, and is effective as of January 7, 2005, 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 9, 2003 and November 6, 2004, and determined the Town Manager compensation shall be adjusted. IT IS THEREFORE AGREED by the parties as follows: 1. The Agreement is amended to read as follows: Provide a one-time non-reoccurring bonus of $5,000 effective January 7, 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 Manager Agreement on the date written above. TOWN OF LOS GATOS BY: Mike Wasserman, Mayor BY: Debra Figone, Town Manager N:\MGR\AdminWorkFi1es\cnc1rpts\1-3 Town Manager Agreement Amendment.wpd