HomeMy WebLinkAbout2011-94 - Approving Amendment 1 to the City Manager's Employment AgreementRESOLUTION NO. 2011 -94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
APPROVING AMENDMENT NO. ONE
TO THE CITY MANAGER'S EMPLOYMENT AGREEMENT
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 ");
WHEREAS, Mr. Kiff was appointed, and continues to serve, as City Manager
based upon a City Council finding that Mr. Kiff is the best qualified 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;
WHEREAS, 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 David Kiff dated September 28, 2010;
WHEREAS, Mr. Kiff and the City entered into an amended and restated
employment agreement that superseded the Initial Employment Agreement and the
September 28th amendment ( "Employment Agreement ");
WHEREAS, Mr. Kiff and the City desire to amend the Employment Agreement to
reduce the benefits provided under the Employment Agreement to a level that is in
conformity with those benefits received by the City Attorney; and
WHEREAS, benefits are a component of compensation and City Charter Section
503 requires the City Council to establish the City Manager's compensation via
ordinance or resolution.
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 Amendment No. One to the Employment Agreement with David Kiff
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)
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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 27th day of September, 2011.
ATTEST:
Leilani Brown,
City Clerk
Michael F. Henn,
Mayor
Attachment: Exhibit "A ": Amendment No. One
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AMENDMENT RIO. ONE TO
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NEWPORT
BEACH AND DAVID KIFF
THIS AMENDMENT NO. ONE TO EMPLOYMENT AGREEMENT ( "Amendment
No. One "), is entered into as of this 27th day of September, 2011, by and between the
City of Newport Beach, a California Municipal Corporation and Charter City ( "City" or
"Employer "), and David Kiff, an individual ( "Employee ") and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City;
B. Pursuant to the Employment Agreement dated April 12, 2011 ( "Employment
Agreement "), Employer hired Employee to serve as City Manager upon the terms
and conditions contained in the Employment Agreement;
C. Due to current fiscal conditions, Employer desires City employees to contribute to
the cost of employee pension benefits and accept reduced leave allowances; and
D. Employer and Employee mutually desire to reduce Employee's current benefits
to mirror those of the City Attorney.
NOW, THEREFORE, Employer and Employee acknowledge the receipt of
adequate consideration and mutually desire to amend the Employment Agreement and
agree as follows:
1. Section 4(B) of the Employment Agreement shall be amended to read as follows:
B. Flex Leave. Employee shall accumulate Flex Leave
as provided in the City's Key and Management
Compensation Plan, Executive Management category
( "Compensation Plan "), at the current rate of 25 (twenty -five)
days per calendar year. His maximum accrual is limited to
four hundred (400) hours. The right to sell back
accumulated Flex Leave shall be consistent with the
Compensation Plan.
2. Section 4(C) of the Employment Agreement shall be amended to read as follows:
C. Administrative Leave. Employee shall be entitled to
forty (40) hours of administrative leave per calendar year.
Administrative leave will not accrue from calendar year to
calendar year and must be used or lost at the conclusion of
each calendar year. Consistent with the Compensation Plan,
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3.
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there is no right to sell back any accumulated Administrative
Leave.
Section 4(D) of the Employment Agreement shall be amended to read as follows:
D. Additional Benefits. Employee shall receive the same
health insurance and retirement benefits, and be entitled to
participate in plans and programs such as short term and
long term disability plans, life insurance plans, and deferred
compensation plans, as are available under the
Compensation Plan. This Agreement shall be deemed
amended as to these benefits, and these benefits only,
whenever the City Council adopts a resolution or takes
action changing these benefits under the Compensation
Plan.
Section 4(I) is added to the Employment Agreement to read as follows:
I. PERS. Employer shall make no contribution to
Employee's PERS share of retirement costs on behalf of
Employee. Employee shall, in addition to making the full
Employee contribution toward Employee's retirement costs
(eight percent (8 %) of Employee's salary), make a one
percent (1 %) of salary contribution to Employer through
payroll deduction as reimbursement toward Employer's
overall cost of providing retirement benefits.
5. Except as expressly modified herein, all other provisions, terms and covenants
set forth in the Employment Agreement shall remain unchanged and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
One as of the date set forth above.
EMPLOYEE
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David Kiff
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By: 14 w`- C. ff -,-�
Aaron Harp, City Attorney
THE CITY OF NEWPORT BEACH, a Charter
City and Municipal Corporation
M
Michael F. Henn, Mayor
ATTEST:
By:
Leilani Brown, City Clerk
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
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. 2011 -94 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 27th day of
September, 2011, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of September, 2011.
City Clerk
Newport Beach, California
(Seal)
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