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CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF DECEMBER 1, 2009 <br />TO: HONORABLE MAYOR AND CITY COUNCIL <br />FROM: DEAN DERLETH, CITY ATTORNEY <br />SUBJECT: WITH THE HIRING OF OUR NEW CITY MANAGER ROD FOSTER, <br />MUTUAL AGREEMENT TO TRANSFER CITY MANAGER DUTIES <br />FROM POLICE CHIEF MILLER'S EMPLOYMENT AGREEMENT <br />TO MR FOSTER EFFECTIVE ON HIS COMMENCEMENT DATE <br />AS CITY MANAGER <br />DATE: NOVEMBER 17, 2009 <br />BACKGROUND: <br />As you know, on our about May 28, 2009 the City Council approved a Second Amendment to <br />Police Chief Bob Miller to perform Interim City Manager duties. In addition, on November 10, <br />2009 the City Council appointed Rod Foster as its new City Manager and approved an Employment <br />Agreement with him. Mr. Foster currently anticipates taking office on December 7, 2009. <br />DISCUSSION/ANALYSIS: <br />With the appointment of Mr. Foster as your new City Manager, the City Council must take the <br />necessary step of ceasing Mr. Miller's Interim City Manager duties. The effective date of this <br />action should be the same as the effective date of Mr. Foster's commencement as City Manager, <br />which is currently anticipated to be December 7, 2009. <br />FINANCIAL IMPACT: <br />This action will result in a reduction in salary paid to Mr. Miller. <br />ENVIRONMENTAL IMPACT: <br />There is no environmental impact associated with this item. <br />CONFLICT OF INTEREST: <br />None <br />RECOMMENDATION: <br />Staff recommends that the City Council approve the termination of the Second Amendment to the <br />Employment Agreement Between the City of Colton and the Chief of Police to remove Interim City <br />ORANGE\DDERLETH\62918.1 <br />