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HomeMy WebLinkAboutResolution 19-94 RESOLUTION NO. 19-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT WITH ANDREW J. TAKATA FOR CITY MANAGER SERVICES The City Council of the City of Atascadero, California hereby resolves as follows: 1 . The agreement for City Manager services attached hereto is hereby approved, 2. The Mayor is hereby authorized and directed to sign, on behalf of the City, the Employment Agreement for City Manager Services, attached hereto. Passed and adopted at the regular meeting of the City Council of the City of Atascadero held March 22 ,,1994, by the following vote: AYES: Councilmembers Bewley, Borgeson, Luna and Mayor Nimmo NOES: None ABSENT One Seat Vacant ADOPTED March 22, 1994 CITY OF ATASCADERO V ATTEST: By: ROBERT P. NiMO, Mayor LEE PRICE, City Clerk APPROVED AS TO FORM: ARTHER R. ON NDON, City Attorney RESOLUTION NO. 19-94 EXHIBIT "A" EMPLOYMENT AGREEMENT for CITY MANAGER SERVICES This Agreement is entered into this day of 1994, by and between the City Council of the City of Atascadero, a municipal corporation, hereinafter referred to as "City", and Andrew J. Takata, an individual, hereinafter referred to as "Employee", with reference pursuant to the following recitals: WHEREAS, The City Council of the City of Atascadero has previously appointed Andrew J. Takata as Interim City Manager, effective July 1, 1993; .and WHEREAS, Mr. Takata, has successfully performed the duties of City Manager with competence, enthusiasm and professionalism; and WHEREAS, Based upon this performance, the City Council wishes to appoint Mr. Takata to the permanent position of City Manager of the City of Atascadero, under the following terms and conditions; and WHEREAS, Mr. Takata wishes to be appointed as the City of Atascadero's City Manager with all the rights and appurtances thereto, under the following terms and conditions; WHEREAS, This Agreement will reflect the mutual desire of the City Council and Mr. Takata to provide similar benefits to all City employees in a fair and consistent manner; NOW, THEREFORE, in consideration of the promises, terms and conditions contained in this Agreement, City and Employee agree as follows: 1. EMPLOYMENT City hereby employs Employee, and Employee hereby accepts employment as City Manager for the City of Atascadero. Employee shall assume and discharge the duties and obligations of City Manager in accordance with the provisions of Federal and State law, and the rules and regulations promulgated thereunder, and City's ordinances, resolutions and policies.' 2. EFFECTIVE DATE This agreement shall be effective on 1994, and on that date shall supercede all previous agreements, oral and written, regarding the employment of Employee with the City. Employment Agreement: Andrew J. Takata Page 2 of 4 3. COMPENSATION Employee shall receive a salary within a five-step range, similar to other City employees, starting at $6,397.98 a month. Employee shall be eligible for an increase to the next step in compensation, based upon meritorious performance, as determined by the City Council, commencing on Employee's anniversary date of July 1, 1994, and continuing annually thereafter until the fifth merit increase is awarded. Employee shall receive a cost of living adjustment equal. to the lowest percentage increase received by a bargaining unit of City of Atascadero employees for the calendar year within which Employee's anniversary date falls. Employee reserves the right to refuse any increase in compensation provided for in this section if the City is undergoing times of financial crisis. 4. BENEFITS Employee shall receive vacation, sick leave, retirement, insurance and all other standard benefits payable to the executive Management employees in the competitive service other than those received by safety employees. Employee shall retain those benefits previously accrued due to Employee's employment with the City. S. AUTOMOBILE Employee shall be assigned a City vehicle for his exclusive use in the performance of his duties as City Manager. The City shall pay for the maintenance, repair, insurance and other costs of operation of this vehicle. 6. EQUIPMENT City Manager shall, within financial constraints, receive the allocation of City equipment necessary to perform his City Manager duties in an efficient professional manner, including but not limited to a portable lap-top computer. 7. TERMINATION A. The City Council may terminate this Agreement at any time for "good cause". For purposes of this Agreement, "good cause" shall include,but isnot limited to, any of the following: 1. A material breach of the terms of this Agreement; Employment Agreement: Andrew J. Takata Page 3 of 4 2. The loss by the Employee of legal capacity; 3. Habitual neglect by the Employee of his employment duties; 4. The continued incapacity on the part of the Employee to perform his duties; 5. A failure to perform duties in a professional and responsible manner consistent with generally accepted standards of the profession; 6. Engaging in conduct unbecoming the position of City Manager or likely to bring discredit or embarrassment to the City. "Good cause" shall not mean a mere loss of support or confidence by a majority of the Council. In the event the Employee voluntarily resigns or retires, he shall give the City Council at least two (2) months advance written notice. B. The City Council may terminate this Agreement without cause upon sixty (60) days written notice. The City Council may place Employee on Administrative Leave at any time during this sixty (60) days upon written notice without cause. At the end of this sixty (60) day period, the Employee's service will terminate and he will be entitled to be paid the compensation earned by him prior to the effective date of termination, including unused vacation leave. Also upon termination, the Employee shall be entitled to severance pay equal to ten (10) months pay at the employee's current rate of pay. Employee may elect, in writing, prior to the end of the sixty (60) day period, to continue pay with medical coverage, paid by the City, for these ten (10) months. This continued pay option does not include other benefits or salary increases (e.g., merit or COLA). 8. MODIFICATIONS Modifications may only be made to this Agreement if made in writing and signed by both parties, 9. SEVERABIi.ITY Any term of this Agreement found to be invalidby a court of competent jurisdiction or made invalid by applicable State or Federal legislation is severable and shall not affect any other provision of this Agreement. Employment Agreement: Andrew J. Takata Page 4 of 4 CITY: EMPLOYEE: PLEA''E 'DO 110 SIGN E�QIIBZT p�,Y ROBERT P. NIMMO, Mayor ANDREW J. TAKATA ATTEST: LEE PRICE, City Clerk APPROVED AS TO FORM: �- ARTHER R. MONT DON, City Attorney