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CC RES 2024-004 RESOLUTION NO. 2024-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO CITY MANAGER EMPLOYMENT AGREEMENT WHEREAS, Ara Michael Mihranian, AICP ("City Manager") commenced services as the city manager of the City effective February 19, 2020 pursuant to the City Manager Employment Agreement Between City of Rancho Palos Verdes & Ara Michael Mihranian, AICP ("Employment Agreement"); and WHEREAS, on January 2, 2021, the City Council and City Manager entered into Amendment No. 1 to the Employment Agreement; and WHEREAS, on February 1, 2022, the City Council and Employee entered into Amendment No. 2 to the Employment Agreement; and WHEREAS, on February 21, 2023, the City Council and Employee entered into Amendment No. 3 to the Employment Agreement; and WHEREAS, following a performance review of the City Manager, the City Council now desires to approve Amendment No. 4 to the Employment Agreement, a copy of which is attached hereto. NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes, California, does hereby resolve as follows: Section 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. The City Council hereby approves Amendment No. 4 to the City Manager Employment Agreement Between City of Rancho Palos Verdes &Ara Michael Mihranian, AICP, attached hereto as Exhibit "A". The Mayor is authorized to execute Amendment No. 4 on behalf of the City, the Successor Agency to the Dissolved Rancho Palos Verdes Redevelopment Agency and the Rancho Palos Verdes Improvement Authority subject to City Attorney approval as to form. Section 3. This Resolution shall be effective as of the date of its adoption. PASSED, APPROVED and ADOPTED this 6th day of ebruary 2024. Jo n 3 uikshank, Mayor Attest: I 4L ere T kaoka, City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2024-04 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on February 6, 2024. rI'44Q esa akaoka, City Clerk 01203 0004/956610 2 111 Resolution No 2024-04 Page 2 of 2 01203.0004/956180.2 1 AMENDMENT NO. 4 TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN CITY OF RANCHO PALOS VERDES & ARA MICHAEL MIHRANIAN, AICP This AMENDMENT NO. 4 TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN CITY OF RANCHO PALOS VERDES & ARA MICHAEL MIHRANIAN, AICP Amendment No. 4”) is made and entered into February 6, 2024 by and between the CITY OF RANCHO PALOS VERDES, a general law city & municipal corporation (“City”) and Mr. ARA MICHAEL MIHRANIAN, AICP, an individual (hereinafter referred as the “City Manager”). RECITALS A. On February 19, 2020, City and City Manager entered into the CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN CITY OF RANCHO PALOS VERDES & ARA MICHAEL MIHRANIAN, AICP (“Employment Agreement”) whereby City’s City Council employed City Manager to serve in the position of city manager as prescribed by state law and as codified in Title 2, Chapter 2.08, of City’s Municipal Code. B. City and City Manager have previously entered into Amendment No. 1 to the Employment Agreement (“Amendment No. 1”), the same being effective January 2, 2021. C. City and City Manager have previously entered into Amendment No. 2 to the Employment Agreement (“Amendment No. 2”), the same being effective February 1, 2022. D. City and City Manager have previously entered into Amendment No. 3 to the Employment Agreement (“Amendment No. 3”), the same being effective February 21, 2023. D. Pursuant to Section 5.2 of the Employment Agreement, City and City Manager agreed to conduct an annual salary review concurrently with the City Manager’s annual performance evaluation pursuant to Section 6.2 of the Employment Agreement. E. On December 19, 2023 and January 16, 2024, City’s City Council undertook the annual performance evaluation and the salary review required by the Section 5.2 of the Employment Agreement during a lawfully convened closed session. F. Based on that review, City’s City Council and City Manager now desire to further amend the Employment Agreement, as amended, as follows: AGREEMENT 1. The above recitals are incorporated by reference as if set forth in full herein. 2. Section 2.5 of the Employment Agreement, as amended, is further amended to read as follows (deleted text is indicated in strikethrough & added text in bold & italics): 2.5 Term. The term of this Agreement shall be for three (3) five (5) years commencing from and after the Effective Date, February 19, 2023 February 6, 2024, and ending at midnight Pacific standard time on February 186, 2026 2029, unless termination of this Agreement is effected as provided herein. The term of the Agreement may be extended by mutual DocuSign Envelope ID: 40CC96C8-CF09-4CED-A4A9-7F0BDC9450C6 Resolution No. 2024-04 Exhibit A Page 1 of 8 01203.0004/956180.2 2 agreement of the parties in the manner as provided in Section 13.0 of this Agreement.” 3. Section 5.1 of the Employment Agreement, as amended, is further amended to read as follows (deleted text is indicated in strikethrough & added text in bold & italics): 5.1 Annual Compensation. Effective February 19, 2023 for the pay period upon approval, City agrees to compensate City Manager for his services rendered hereunder at an annual salary of TWO HUNDRED THIRTY-TWO THOUSAND EIGHT HUNDRED DOLLARS ($232,800) TWO HUNDRED FIFTY FIVE THOUSAND DOLLARS ($255,000) as may be adjusted, from time-to-time, in accordance with Section 5.3 hereinafter, or as this Agreement may be amended. Such salary shall be payable in installments at the same time as other Department Head employees of City are paid. City Manager shall pay his contribution to MediCare and SDI.” 4. Section 5.1.1 of the Employment Agreement, as amended, is further amended to read as follows (deleted text is indicated in strikethrough & added text in bold & italics): 5.1.1 Retention Payment. Pursuant to Amendment No. 3 to the Employment Agreement, City hereby affords previously provided City Manager a one-time retention payment of TEN THOUSAND FIVE HUNDRED DOLLARS ($10,500) in recognition of his exemplary service to City. Effective for the pay period upon approval, City shall provide City Manager a one-time retention payment of FIVE THOUSAND DOLLARS 5,000.00) in recognition of his exemplary service to the City. Such retention payment shall be paid directly to City Manager.” 5. Continuing Effect of Employment Agreement. Except as amended by this Amendment No. 4, all other provisions of the Employment Agreement, as amended, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Employment Agreement” appears in the Employment Agreement, it shall mean the Employment Agreement, as amended by this Amendment No. 4, and previously amended by Amendment No. 3, Amendment No. 2, and Amendment No. 1. 6. Affirmation of Employment Agreement; Warranty Re Absence of Breaches or Defaults. City and City Manager each ratify and reaffirm each and every one of the respective rights and obligations arising under the Employment Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Employment Agreement other than as provided herein or in Amendment No. 3, Amendment No. 2, and Amendment No. 1. Each party represents and warrants to the other that the Employment Agreement is currently an effective, valid, and binding obligation. City Manager represents and warrants to City that, as of the date of this Amendment No. 4, City is not in breach or default of any material term of the Employment Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material breach or default under the Employment Agreement. DocuSign Envelope ID: 40CC96C8-CF09-4CED-A4A9-7F0BDC9450C6 Resolution No. 2024-04 Exhibit A Page 2 of 8 01203.0004/956180.2 3 City represents and warrants to City Manager that, as of the date of this Amendment No. 4, City Manager is not in breach or default of any material term of the Employment Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material breach or default under the Employment Agreement. 7. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4. 8. Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this amendment, and (iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 on the date and year written below. CITY OF RANCHO PALOS VERDES John Cruikshank, Mayor Dated: ________________________ ATTEST: Teresa Takaoka, City Clerk APPROVED AS TO FORM: Elena Gerli, City Attorney CITY MANAGER Ara Michael Mihranian, AICP Dated: ________________________ END OF SIGNATURES] DocuSign Envelope ID: 40CC96C8-CF09-4CED-A4A9-7F0BDC9450C6 2/8/2024 2/8/2024 Resolution No. 2024-04 Exhibit A Page 3 of 8 Certificate Of Completion Envelope Id: 40CC96C8CF094CEDA4A97F0BDC9450C6 Status: Completed Subject: Complete with DocuSign: Attachment A - Amendment No 4 to City Manager's Contract(956180.2) (003... Source Envelope: Document Pages: 3 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Rudy Carbajal AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 rcarbajal@rpvca.gov IP Address: 72. 34.97.146 Record Tracking Status: Original 2/8/2024 12:08:23 PM Holder: Rudy Carbajal rcarbajal@rpvca.gov Location: DocuSign Signer Events Signature Timestamp ARA MIHRANIAN ARAM@RPVCA.GOV City Manager City of Rancho Palos Verdes Security Level: Email, Account Authentication None) Signature Adoption: Uploaded Signature Image Using IP Address: 104.34.113.36 Sent: 2/8/2024 12:14:06 PM Viewed: 2/8/2024 5:18:41 PM Signed: 2/8/2024 5:22:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ELENA Q. GERLI egerli@awattorneys.com Security Level: Email, Account Authentication None) Signature Adoption: Pre-selected Style Using IP Address: 50.112.162.3 Sent: 2/8/2024 12:14:07 PM Viewed: 2/8/2024 12:23:25 PM Signed: 2/8/2024 12:23:49 PM Electronic Record and Signature Disclosure: Accepted: 2/8/2024 12:23:25 PM ID: 50b03a02-c629-42cd-a553-3320e924e10e John Cruikshank john.cruikshank@rpvca.gov Mayor Pro Tem Security Level: Email, Account Authentication None)Signature Adoption: Pre-selected Style Using IP Address: 172.119.57.203 Sent: 2/8/2024 12:14:08 PM Viewed: 2/8/2024 5:07:16 PM Signed: 2/8/2024 5:07:22 PM Electronic Record and Signature Disclosure: Accepted: 2/8/2024 5:07:16 PM ID: e7922f4a-658b-4d0e-875c-351a9606b2b9 Teresa Takaoka TERIT@RPVCA.GOV Security Level: Email, Account Authentication None) Signature Adoption: Drawn on Device Using IP Address: 72.34.97.146 Sent: 2/8/2024 12:14:09 PM Viewed: 2/8/2024 12:26:16 PM Signed: 2/8/2024 12:26:30 PM Electronic Record and Signature Disclosure: Accepted: 2/8/2024 12:26:16 PM ID: de48f72d-c13d-4a6c-bf2f-e2947309ee39 Resolution No. 2024-04 Exhibit A Page 4 of 8 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp CITY CLERK'S OFFICE CITYCLERK@RPVCA.GOV Security Level: Email, Account Authentication None) Sent: 2/8/2024 12:14:07 PM Viewed: 2/8/2024 12:26:43 PM Electronic Record and Signature Disclosure: Accepted: 2/1/2023 3:10:58 PM ID: 505eed45-7ed0-4db8-aae6-ef6eedfef03d VINA RAMOS VRAMOS@RPVCA.GOV Deputy Director of Finance City of Rancho Palos Verdes Security Level: Email, Account Authentication None) Sent: 2/8/2024 12:14:08 PM Viewed: 2/8/2024 10:23:00 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/8/2024 12:14:09 PM Certified Delivered Security Checked 2/8/2024 12:26:16 PM Signing Complete Security Checked 2/8/2024 12:26:30 PM Completed Security Checked 2/8/2024 5:22:55 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Resolution No. 2024-04 Exhibit A Page 5 of 8 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Palos Verdes (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronicall y through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a 0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 6/15/2021 5:55:39 PM Parties agreed to: ELENA Q. GERLI, John Cruikshank, Teresa Takaoka, CITY CLERK'S OFFICE Resolution No. 2024-04 Exhibit A Page 6 of 8 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Rancho Palos Verdes: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: terit@rpvca.gov To advise City of Rancho Palos Verdes of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at terit@rpvca.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Rancho Palos Verdes To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to terit@rpvca.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Rancho Palos Verdes To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: Resolution No. 2024-04 Exhibit A Page 7 of 8 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to terit@rpvca.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Rancho Palos Verdes as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Rancho Palos Verdes during the course of your relationship with City of Rancho Palos Verdes. Resolution No. 2024-04 Exhibit A Page 8 of 8