HomeMy WebLinkAbout2012-99 - Amended and Restated Employment Agreement for City ManagerRESOLUTION NO. 2012 -99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
APPROVING THE AMENDED AND RESTATED
EMPLOYMENT AGREEMENT FOR THE
CITY MANAGER
WHEREAS, Mr. David Kiff was first appointed by the City of Newport Beach as City
Manager under an Employment Agreement effective from September 12, 2009 through
September 11, 2011 ( "Initial Employment Agreement "); and
WHEREAS, on September 28, 2010, Mr. Kiff's Initial Employment Agreement was
subsequently amended pursuant to that certain Amendment No. One to Employment
Agreement between the City of Newport Beach and Mr. Kiff; and
WHEREAS, on April 12, 2011, Mr. Kiff and the City entered into an Amended and
Restated Employment Agreement that superseded the Initial Employment Agreement
and the Amendment No. One ( "Employment Agreement "); and
WHEREAS, on September 27, 2011, Mr. Kiff's Employment Agreement was amended
pursuant to that certain Amendment No. One to the Employment Agreement between
the City of Newport Beach and Mr. Kiff; and
WHEREAS, Mr. Kiff continues to serve as City Manager based upon a City Council
finding that Mr. Kiff is the best qualified individual for this position and on the basis of his
executive and administrative qualifications, with special reference to his experience in,
and his knowledge of, accepted practice in respect to the duties of the office as set forth
in the City's Charter; and
WHEREAS, City Charter Section 503 requires the City Council to establish the City
Manager's compensation by ordinance or resolution; and
WHEREAS, Mr. Kiff and the City desire to enter into an Amended and Restated
Employment Agreement to increase Mr. Kiff's current compensation and provide a one-
time merit payment.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
1. The City Council hereby approves and authorizes the Mayor and City
Clerk to execute the Amended and Restated Employment Agreement with Mr. David
Kiff attached hereto as Exhibit "A" and incorporated herein by reference.
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2. The City Council finds this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
3. This resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 13th day of November, 2012.
Nancy Garda "e ,
Mayor
ATT��E^^STT: 6TIVU
Leilani Brown,
City Clerk
Attachment: Exhibit "A ": Amended and Restated Employment Agreement for Dave Kiff
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2012 -99 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 13'' day of November, 2012, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
Noes: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 14`" day of November, 2012.
City Clerk '
Newport Beach, California
(Seal)