HomeMy WebLinkAboutReso 17-2002RESOLUTION NO. 17-2002
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AMENDMENT NO. 8 TO
THE EMPLOYMENT AGREEMENT BETV~EEN THE CITY
OF SOUTH SAN FRANCISCO AND MICHAEL A. WILSON
WHEREAS, on December 14, 1994, the City of South San Francisco and Michael A.
Wilson entered into an Employment Agreement related to the positions of City Manager and
Redevelopment Agency Executive Director; and,
WHEREAS, said Employment Agreement was revised by Amendment No. 1 approved by
the City Council on December 13, 1995; and,
WHEREAS, said Employment Agreement was further revised by Amendment No. 2,
approved by the City Council on May 22, 1996; and,
WHEREAS, said Employment Agreement was further revised by Amendment No. 3,
approved by the City Council on November 27, 1996; and,
WHEREAS, said Employment Agreement was further revised by Amendment No. 4,
approved by the City Council on March 11, 1998; and,
WHEREAS, said Employment Agreement was further revised by Amendment No. 5,
approved by the City Council on March, 1999; and,
WHEREAS, said Employment Agreement was further revised by Amendment No. 6,
approved by the City Council on April 12, 2000; and,
WHEREAS, said Employment Agreement was further revised by Amendment No. 7,
approved by the City Council on March 28,2001, and,
WHEREAS, the parties hereto desire to further amend the Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that Amendment No. 8 to the Employment Agreement, attached hereto as Exhibit A
and dated March 27, 2002, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute
Amendment No. 8 on behalf of the City of South San Francisco.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the 27th day of March
2002 by the following vote:
AYES: Councilmembers Joseph A. Femekes, Raymond L. Green and Karyl Matsumoto
Mayor Pro Tem Pedro Gonzalez and Mayor Eugene R. Mullin
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
ty Clerk
2
EXHIBIT A
AMENDMENT NO. 8 TO THE EMPLOYMENT AGREEMENT
BETV~EEN MICHAEL A. WILSON AND THE CITY OF
SOUTH SAN FRANCISCO DATED DECEMBER 14, 1994
RECITALS
WHEREAS, on December 14, 1994, the City of South San Francisco and Michael A.
Wilson entered into an Employment Agreement related to the positions of City Manager and
Redevelopment Agency Executive Director; and
WHEREAS, said Employment Agreement was revised by Amendment No. 1 dated
December 13, 1995; Amendment No. 2 dated May 22, 1996; Amendment No. 3 dated November
27, 1996; Amendment No. 4 dated March 11, 1998; Amendment No. 5, dated March 1999;
Amendment No. 6 dated April 12, 2000; and Amendment No. 7, dated March 28, 2001.
WHEREAS, the parties desire to further amend the Agreement to extend the term of the
Agreement and to increase the base salary amount.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2(A) is hereby amended to read as follows:
The term of this Agreement shall be from January 23, 2002 through
January 22, 2004. WILSON agrees to remain in the exclusive employ of
the CITY until the termination date set forth herein, and neither to accept
other employment nor to become employed by any other employer until
said termination date.
2. Section 3(A), subdivision 1 is hereby amended to read as follows:
A(1)
CITY agrees to pay WILSON for his services rendered pursuant hereto, an
annual salary of One Hundred Seventy Eight Thousand Eight Hundred
Ninety Six Dollars ($178,896) payable in installments at the same time
other employees of the City are paid.
°
Said increase in salary, as set forth in Section 2 above, shall be effective as of
January 23, 2002.
°
CITY shall also implement and provide to WILSON a retirement benefit
consistent with the following criteria:
a. The program shall be a PARS "0.5% at age 55 Stackable Supplement
for Total City and Prior CALPERS Service" benefit as shown in
Attachment A hereto.
bo
The vesting period for the benefit amount shall be between six and
eight years of City of South San Francisco service as an employee,
with credit for service calculated in the following manner:
For every three years of employment prior to January 23, 2002
with the City, WILSON shall receive one year of service credit
towards vesting up to a maximum of five years of vested
service. These five years of vested service shall result in a
retirement benefit of 0.25 percent for Total City and Prior
CALPERS Service.
For prospective service, beginning as of January 24, 2002,
WILSON shall receive one year of vesting service credit for
each full year of employment with the City of South San
Francisco. For each full year of vesting service credit earned
pursuant to this subparagraph (2) WILSON shall receive an
additional 0.0833 percent for Total City and Prior CALPERS
Service. For any portion of a full year in years 2 and 3 of the
prospective vesting period, WILSON shall receive
proportionate credits for each full month of employment during
the 12 month time periods between January 24, 2003 and
January 23, 2004 and between January 24, 2004 and January
23, 2005. (Under this formula, WILSON shall be fully vested
at the 0.5 percent retirement benefit as of January 23, 2005.
o
To receive the benefit of this program, WILSON must be
employed by the CITY through at least January 23, 2003. In
the event WILSON's employment with the CITY terminates
prior to January 23, 2003, WILSON shall be entitled to receive
the amount of funds he paid between January 24, 2002 through
January 23, 2003 for the benefit as taxable income.
WILSON shall only be entitled to receive the retirement benefit
provided herein if he elects to enroll in the PARS Supplement Program
set forth herein within thirty (30) after it is established by the City and
if he agrees to pay from his compensation set forth in Section 3A of
the Employment Agreement the annual cost to the City to fund the
benefit for WILSON as determined by PARS during the term of
WILSON's employment with the CITY. The parties agree that the
estimated costs, as established by PARS, for the time period January
2
24, 2002 through January 23, 2003 is $24,866. This amount may be
modified if the City elects to expand the program to include other
participants.
o
All other terms of the December 14, 1994 Employment Agreement, as amended
by Amendments No. 1, 2, 3, 4, 5, 6, and 7 shall remain in full force and effect.
Mayor and Chairperson
City of South San Francisco/Redevelopment
Agency of South San Francisco
Michael A. Wilson
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
F:\wpd\Mnrsw\405\001\AGREE\2002LMarch\wilson agt 3-21-02.doc
3