HomeMy WebLinkAbout07 AMEND 4 AG C.M. 11-18-02 NO. 13
AGENDA REPORT ,
i 11.18-02
MEETING DATE: NOVEMBER 18, 2002
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS Of THE CITY COUNCIL
CITY ATTORNEY
AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENT WITH THE CITY
MANAGER
SUMMARY:
The City Attorney is recommending that the City Council adopt a resolution approving
Amendment No. 4 to the Employment Agreement with the City Manager.
RECOMMENDATION:
Motion to adopt the attached Resolution Approving Amendment No. 4 to the Employment.
Agreement with the City Manager.
FISCAL IMPACT:
Within budget.
BACKGROUND:
The City Council's authorized negotiator and Mr. Huston have reached a verbal
agreement on a salary increase for the City Manager. The amount is 3% for 2002/03
and 2003/04. The City Manager's salary has not been adjusted since November of
2000. The City Manager's Employment Agreement provides that the City Manager's
salary and benefits shall be reviewed at least every two years. The salary adjustments
set forth in the attached resolution will fix the City Manager's salary through November
2004, unless otherwise agreed upon. The Employment Agreement needs to be
amended to provide for the change in salary. In that regard, a resolution approving
Amendment No. 4 has been prepared for your consideration.
ATTACHMENTS:
Resolution and Agreement.
160440.1
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
.21
22
23
24
25
26
27
28
RESOLUTION NO.- 02-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO
THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER
WHEREAS, the City Council approved an Employment Agreement with the City
Manager in November of 1996 (the "Employment Agreement"); and
WHEREAS, the Employment Agreement calls for periodic reviews of the City
Manager's salary and benefits; and
WHEREAS, after a favorable evaluation of the City Manager's performance, the City
Council desires to increase the City Manager's salary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
finds, determines and orders as follows:
SECTION 1. The City Council hereby approves the Employment Agreement as
amended by Amendment No. 4 attached hereto and incorporated by this reference.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
on the __ day of November, 2002.
ATTEST:
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER
CITY CLERK
160444.1
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
RESOLUTION NO.
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution was passed and adopted at
a regular meeting of the City Council held on the day of November, 2002, by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
WOODRUFF, SPRADLIN
& SMART
ATTORNEYS AT LAW
ORANGE
AMENDMENT NO. 4 TO
EMPLOYMENT AGREEMENT
This Amendment No. 4 is made and entered into by and between the CITY OF
TUSTIN, a municipal corporation ("City"), and WILLIAM A. HUSTON, ("Employee").
WITNESSETH
WHEREAS, the City and Employee have entered into the Employment Agreement
dated November 1, 1996, between the City of Tustin and William A. Huston, as amended.
("the Employment Agreement")
WHEREAS, the parties desire to amend the Employment Agreement to provide for a
salary increase.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration, receipt of which is hereby acknowledged, it is hereby
agreed by and between City and Employee as follows:
AGREEMENT
1. Section 5A of the Employment Agreement is amended to read as follows:
A. As compensation for the services to be performed
hereunder, effective November 1, 2002, Employee shall
receive the salary of One Hundred Sixty-Seven Thousand,
Three Hundred Seventy-Seven Dollars ($167,377),
payable not less often than bi-weekly. Effective November
1, 2003, Employee shall receive the salary of One Hundred
Seventy-Two Thousand Three Hundred Ninety-Eight
Dollars ($172,398), payable not less than bi-weekly.
2. Except as expressly amended herein, all other terms and conditions of the
Employment Agreement shall remain in full force and effect.
160445.1
1
2
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
WOODRUFF, SPRADLIN
& SMART
ATTORNEYS AT LAW
ORANGE
Executed this
ATTEST
Pamela Stoker
City Clerk
APPROVED AS TO FORM
Lois E. Jeffrey
City Attorney
day of
., 2002, at Tustin, California.
"City"
CITY OF TUSTIN
a municipal corporation
By.
Mayor
"Employee"
William A. Huston
-2-