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HomeMy WebLinkAbout2012-101 - Approving the Amended and Restated Employment Agreement for the City ClerkRESOLUTION NO. 2012 -101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR THE CITY CLERK WHEREAS, Ms. Leilani 1. Brown was first appointed by the City of Newport Beach as City Clerk under an Employment Agreement effective from November 22, 2008 through November 22, 2010 ( "Initial Employment Agreement "); and WHEREAS, Ms. Brown was appointed, and continues to serve, as City Clerk based upon a City Council finding that Ms. Brown is the best qualified individual for this position on the basis of her executive and administrative qualifications, with special reference to her experience in, and her knowledge of, accepted practice in respect to the duties of the office as set forth in the City's Charter; and WHEREAS, on March 9, 2010, Ms. Brown's Initial Employment Agreement was subsequently amended pursuant to that certain First Amended Employment Agreement with Leilani Brown; and WHEREAS, on April 12, 2011, Ms. Brown and the City entered into an Amended and Restated Employment Agreement that superseded the Initial Employment Agreement and the March 9' Amendment ( "Agreement "); and WHEREAS, Ms. Brown and the City desire to enter into an Amended and Restated Employment Agreement to increase Ms. Brown's current compensation, provide a one- time merit payment and reduce the benefits provided to a level that is consistent with those benefits received by the City Manager and City Attorney. 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 Deputy City Clerk to execute the Amended and Restated Employment Agreement with Leilani Brown attached hereto as Exhibit "A" and incorporated herein by reference 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 Si! 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 Deputy City Clerk shall certify the vote adopting this resolution. ADOPTED this 13th day of November, 2012. Nancy Gar, r, Mayor Attachment: Exhibit "A ": Amended and Restated Employment Agreement for Leilani Brown -2- STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } i, Leilani 1, 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 -101 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 I&h 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 sea( of said City this 14th day of November, 2012. Pj j ( / City Clerk Newport Beach, California {Seal}