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HomeMy WebLinkAboutResolution No. 2016-C78RESOLUTION NO. 2016-C78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT WHEREAS, on February 17, 2015, the City entered into the City Manager Employment Agreement with Troy Butzlaff to serve as City Manager for the City of Azusa; and WHEREAS, the City Attorney has prepared the attached First Amendment to the City Manager Employment Agreement which amends the deferred compensation benefit for Mr. Butzlaff s employment as City Manager; and WHEREAS, in accordance with Azusa Municipal Code Chapter 2, Article III, Division 2, the City Council desires to approve the First Amendment to the City Manager Employment Agreement attached to this Resolution as Exhibit "A." THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Approval of First Amendment to the City Manager Employment Agreement. The City Council approves the First Amendment to the City Manager Employment Agreement between the City of Azusa and Mr. Troy Butzlaff, which is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 2. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED, APPROVED and ADOPTED this 21s` day of November 2016. seph ,Romero Rocha Mayor ATTEST 45635.01000\29377035.1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 21" day of November 2016, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CARRILLO �V Best B I! st & Krieger LP City A orney 2 4563 5.01000\29377035.1 EXHIBIT "A" FIRST AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT [SEE ATTACHED] 45635.01000\29377035.1 CITY OF AZUSA FIRST AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT 1. PARTIES AND DATE This First Amendment to the City Manager Employment Agreement ("First Amendment") is made and entered into as of November _, 2016 by and between Troy Butzlaff (hereinafter referred to as "City Manager" or the "Employee") and the City of Azusa, a municipal corporation of the State of California (hereinafter referred to as "City"). City and Employee may sometimes referred to individually as "Party" and collectively as "Parties" throughout this First Amendment. 2. RECITALS 2.1 Employment Agreement. On or about February 17, 2015, City and Employee entered into the City Manager Employment Agreement, setting forth the terms and conditions for City Manager services to be provided by the Employee to the City ("Employment Agreement"). 2.3 First Amendment. City and Employee now desire to amend the Employment Agreement for the first time in order to increase the amount of the deferred compensation benefit. 2.4 . Authority. This First Amendment is authorized pursuant to Section 12.1 of the Employment Agreement. 3. TERMS 3.1 Deferred Compensation. Section 3.2 (Deferred Compensation) of the Employment Agreement is hereby deleted in its entirety and restated to read as follows: "3.2 Deferred Compensation. City agrees to contribute five hundred eighty dollars ($580) per month on Employee's behalf to a qualified deferred compensation plan such as offered by the International City/County Management Association Retirement Corporation. City further agrees to make, in equal proportionate amounts each pay period, an annual contribution of six thousand dollars ($6,000) to an Internal Revenue Code Section deferred compensation account or Roth IRA Plan as determined by Employee. This contribution will be made in accordance with the plan agreement and documents. City and Employee agree that any amount contributed to Employee's deferred compensation or Roth IRA plan are not reportable to the California State Public 45635.01000\29376722.1 Employees Retirement System (CalPERS) and shall not be included in the calculation of Employee's retirement allowance." 3.2 Remaining Provisions. Except as amended by this First Amendment, all provisions of the Employment Agreement shall remain in full force and effect and shall govern the actions of City and Employee under this First Amendment. [SIGNATURES ON FOLLOWING PAGE] 2 45635.01000\29376722.1 IN WITNESS WHEREOF, the Parties have executed this First Amendment to the City Manager Employment Agreement as of the 21" day of November, 2016. EMPLOYEE By: Troy Butzlaff CITY OF AZUSA By: Joseph R. Rocha Mayor Attest By: Jeffrey Lawrence Cornejo, Jr. City Clerk 3 45635.01000129376722.1