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HomeMy WebLinkAboutCC RESO 2009-101RESOLUTION NO. 2009 — 101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER CHRIS ZAPATA TO EXTEND THE TERM OF THE AGREEMENT TO FEBRUARY 8, 2012, AND TO PROVIDE THAT THE CITY MANAGER SHALL PAY 3% OF THE EMPLOYER -PAID CALPERS MEMBER CONTRIBUTION; AND GRANTING A ONE-TIME PERFORMANCE BASED PAYMENT OF $17,500 WHEREAS, the term of the Employment Agreement (the "Agreement") between the City and City Manager Chris Zapata is currently for the period February 9, 2004 to February 8, 2010, subject to early termination provisions; and WHEREAS, the Agreement currently provides at Section 7, that the City will make all CaIPERS contributions on the City Manager's behalf, including the entire member's (employee's) portion of the contribution. On February 17, 2009, the City Council adopted Resolution No. 2009-36, providing that the City Manager shall pay 2% of the employer -paid CaIPERS contribution; and WHEREAS, it has been proposed that Section 1 of the Agreement be amended to extend the term to February 8, 2012, and that Section 7 of the Agreement be amended to provide that the City Manager shall pay a total of 3% of the employer -paid CaIPERS member contribution; and WHEREAS, it has been further proposed that the City Manager be granted a one-time performance based payment of $17,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fifth Amendment to Agreement between the City and City Manager Chris Zapata to extend the term of the Agreement to February 8, 2012, and to provide that the City Manager shall pay 3% of the employer -paid CaIPERS member contribution. BE IT FURTHER RESOLVED that the City Manager is hereby granted a one- time performance based payment of $17,500. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. PASSED and ADOPTED this 5th day of May, ATTEST: c ael R. Dallait Mi , y Clerk on Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 5, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 1W'A) City Jerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-101 of the City of National City, California, passed and adopted by the Council of said City on May 5, 2009. City Clerk of the City of National City, California By: Deputy