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HomeMy Public PortalAbout2023.139 (11-07-2023)RESOLUTION NO. 2023.139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING THE SECOND AMENDED AND RESTATED EMPLOYMENT SERVICES AGREEMENT FOR THE POSITION OF CITY MANAGER WHEREAS, the City of Lynwood is a General Law City under California law and is governed by and elected City Council; and WHEREAS, on March 21, 2023, April 4, 2023, and May 2, 2023, the City Council of the City ("City Council") conducted a performance evaluation of City Manager and is satisfied with the quality of his performance to date; and WHEREAS, it is the desire of the City Council to continue to retain the services of City Manager as City Manager of the City, as provided by the City's Municipal Code, and to (i) secure and retain the services of City Manager and provide inducement for him to remain in such employment, and (ii) to make possible full work productivity by assuring City Manager's morale and peace of mind with respect to future security; and WHEREAS, it is further desire of the City Council to provide certain benefits, establish certain conditions of employment, and extend the term of the employment services agreement, as set forth in the Second Amended and Restated Employment Services Agreement; and WHEREAS, City Manager desires to continue employment as City manager of the City. WHEREAS, the City Council has approved the request to hire the City Manager under an "at -will" employment agreement, a copy of which is attached hereto as Exhibit NOW, THEREFORE, THE LYNWOOD CITY COUNCIL DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution. Section 2. The City Council hereby approves the Second Amended and Restated Employment Services Agreement attached hereto as Exhibit A in a form approved by the City Attorney, and authorizes and directs the Mayor to execute the Second Amended and Restated Employment Services Agreement on behalf of the City. The Second Amended and Restated Employment Services Agreement shall be effective retroactive to the anniversary date of the City Manager's employment date with the City. Section 3. That the revised benefits as set forth in the Second Amended and Restated Employment Services Agreement and as authorized by this Resolution will commence accumulating at the anniversary of the City Manager. Section 4. That the City Managers accruals are credited with 100 vacation hours as granted per the annual performance incentive provisions as set forth in the Second Amended and Restated Employment Services Agreement and as authorized by this Resolution. Section 5. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood. Section 6. That this Resolution is to be given effect upon its adoption by the City Council of the City of Lynwood and execution of the same by the appropriate parties. PASSED, APPROVED and ADOPTED this 7th day of November, 2023 Oscar Flores Mayor ATTEST: Maria Quinonez City Clerk Noel Tapia City Attorney APPROVED AS TO FORM: STATE OF CALIFORNIA COUNTY OF LOS ANGELES )§ ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 7th day of November 2023. AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: NONE ABSENT: NONE ABSTAIN: NONE Date: aria Quinone City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES /l/,y/z3 I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2023.139 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 7t" day of November 2023. Date: aria Quinonez, City Clerk /1//.9/3