DATE:
APRIL 4, 2001
TO:
CITY COUNCIL
FROM:
JULIE OAKES and J. R. REVICZKY
RE:
RENEWAL OF CITY MANAGER'S EMPLOYMENT
AGREEMENT
RECOMMENDATION:
Approve amendment to employment agreement effective January
1, 2001 to December 31, 2002.
BACKGROUND:
A committee of the City Council was appointed to review the
employment agreement and performance of the City Manager. The
attached amendment to the employment agreement reflects the
changes agreed to as a result of the negotiations.
SIXTH AMENDMENT TO CITY
MANAGER EMPLOYMENT AGREEMENT
This Sixth Amendment to City
Manager Employment Agreement ("Amendment") is entered into as
of the 1st day of January, 2001, by and between the City of
Hermosa Beach, California, a municipal corporation ("City"),
and Stephen R. Burrell ("Manager").
R E C I T A L S
A. Manager is employed by City as its City Manager pursuant
to a City Manager Employment Agreement ("Agreement") dated
October 26, 1993, as revised on January 1, 1995, and as amended
by a First Amendment to City Manager Employment Agreement dated
January 1, 1996, a Second Amendment to City Manager Employment
Agreement dated January 1, 1997, a Third Amendment to City
Manager Employment Agreement dated January 1, 1998, a Fourth
Amendment to City Manager Employment Agreement dated January 1,
1999, and a Fifth Amendment to City Manager Employment
Agreement dated January 1, 2000.
B. The parties now wish to amend the Agreement to modify
certain portions of the Agreement to reflect the results of
Manager's performance evaluation.
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants herein contained, the parties agree as
follows:
1. Section Two (a) of the Agreement is amended to read as
follows:
"City agrees to pay Manager for his services rendered
pursuant hereto an annual salary of One Hundred
Thirty-seven Thousand Five Hundred Dollars and No Cents
($137,500.00), payable in equal installments at the same
time as other employees of City are paid."
2. Section Three (a) of the
Agreement is amended to read as follows:
"a) This Agreement shall become effective as of January
1, 2001, and shall expire on December 31, 2002, unless
extended by mutual agreement of the parties. Seven (7)
months prior to the expiration date of this agreement to
any succeeding Agreement, Manager shall notify the City
Council in writing of the expiration date. In the event
City determines not to renew this agreement, it shall
provide Manager written notice of nonrenewal not less than
six (6) calendar months prior to December 31, 2002, or any
succeeding expiration date. Should City not provide six (6)
month's notice of nonrenewal, then this agreement shall be
automatically extended for an additional two year term.
Should Manager be terminated from his employment during
the term of this Agreement for any reason except as
expressly provided below, or should this Agreement not be
renewed in accordance with the procedure set forth above,
the Manager shall be entitled to severance pay in the
amount of six (6) months' salary (computed exclusively from
the monthly salary set forth in Section Two, Paragraph (a),
excluding the monetary value of all other benefits).
Notwithstanding the foregoing, Manager shall not be
entitled to severance pay in that event that Manager is
terminated as a result of a conviction of a felony or for a
crime involving moral turpitude. For the purpose of
resolving any dispute whether the severance payment has
been properly denied, City shall have the burden of
establishing by a preponderance of the evidence that
Manager was convicted of a felony or a crime involving
moral turpitude."
In all other respects, the Agreement, as amended, is hereby
reaffirmed and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Amendment to Employment Agreement to be executed as of the date
first written above.
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