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Home My WebLink AboutCC RES 89-164ARESOLUTION N0. 89-164A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A CITY MANAGER EMPLOYMENT CONTRACT AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE The City Council of the City of Tustin hereby approves the Employment Contract attached hereto and authorizes and directs the Mayor and City Clerk to execute same. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20th day of November, 1989. ATTEST: /~ ary E. Wynn, City Clerk // _ ,; ~ Ursula E. Kennedy, Mayor ~r'~ C~ EMPLOYMENT AGREEMENT THIS AGREEMENT, is made and entered into, to be effective on the 7yh day of November , 1989, by and between: THE CITY OF TUSTIN, a municipal corporation (hereinafter "City" ) AND WILLIAM A. HUSTON, (hereinafter referred to as "Employee"). -. WI TNE S SETH- WHEREAS, in order for City to insure that its responsi- bilities for the health, welfare and safety of the public are met at all times, City must attract and retain in its employment management personnel who exhibit the highest degree of knowledge, experience, technical ability, professionalism, and qualities of leadership necessary to meet City objectives; and WHEREAS, in order to attract and retain in its employment employees exhibiting qualities and experience necessary to ful- fill ~he. long term City objectives~ the City Council has determined that it is advisable to enter into an Employment Agreement with the City Ma.nager of City (Employee). NOW, THEREFORE, the parties agree as follows- Section 1' Term of Employment. City hereby employs Employee and Employee hereby accepts employment with C±t~ for a period of three (3) ~ears, beginning on November 6, 1989 and terminating on November 5, 1992. Provided, however, that sixty. (60) days prior to November 5, 1991, City and Employee shall negotiate the terms and conditions of an extension of this employment contract for the period following .November 5, 1992. If the parties are unable to arrive · · at mutuaIly agreeable terms of such an extension before November 5, 1991, the employment term shall terminate on December 6, 1991 and Empl'oyee shall receive one (1) years salary, accumulated general and administrative leave and continuation of medical benefits to December 6, 1992. Section 2- EmDlovment Term Defined. As used herein, the phrase "Employment Term" refers to the ., .entire period of employment of Employee by City hereunder, whether for %he periods provided above, or whether terminated earlier as hereinafte~ provided, or extended by mutual agreement between Cit-~'and Employee. Section 3' General Duties. ,. Employee shall serve as the City Manager of the City. In the capacity of City Manager of City, Employee shall perform each and every duty prescribed by law pertaining to the position of City Manager of the City of Tustin or prescribed by the City Council and all services, acts, or things necessary or advisable to manage and conduct the business and affairs of the City, . subject at all times to the policies set by the City Council and to the consent of the City Council when required by the terms of this Employment Agreement. Section 4' Devotion to Citv's Business. A. Employee shall devote 'Employee's entire productive time, ability and attention ~o the business of City durin~ the term of this Employment A~reement; B. Employee shall not en~age in any other business duties or pursuits whatsoever, or directly or indirectly render any service of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, without the prior written consent of the City Council. However, the expenditure of reasonable amounts of time for educational, charitable, or professional activities shall not be deemed a breach of this Employment Agreement if those activit'ies · do not 'materially interfere with the services required under this .,wEmployment .Agreement, -and shall not require the prior written consent of the City Council. Co This Employment A~reement shall not be interpreted to prohibit Employee from makin~ passive personal investments or conducting private business affairs, if those activities are not deemed to be a conflict of interest by state la~, or materially interfere with the services re.quired ,'under this Employment Agreement. Section 5' .Uniqueness of Emplovee's Services. ,, Employee has many years of public service devoted to municipal administration° Additionally, he possesses many years of administrative experi.ence in dealin~ with employees, the ~eneral public, other governmental a~encies and legislative officials. These unique qualities provide valuable benefits to City that are not readily replaced. Section 6' Annual Salarv. A. As compensation for the services to be performed hereunder, Employee shall receive the salary he is presently receiving~ to wit' Ninety five thousand six hundred seventy five dollars and eighty-five cents ($95,675.85) per annum, payable not less than bi-weekly durin~ the Employment Term. B. Employee shall receive such' annual increases in salary in an amount equal to five percent (5%) of ~he base pay set forth in subparagraph A above effective January 1, 1990, and additional annual increases of five percent (5%) on January 1, 1991, and January 1, 1992. Employee's salary shall be further increased, as necessary to the median (or other standard used for -'-other management ~'employees) of survey cities used 'for other ..... management .4emp 1 oyees. section 7- Deferred Compensation. Employee shall be entitled to contribute a portion of his annual salary into the Cit~' s Deferred Compensation Plan investment fund. Such contribution shall be in the permissible amounts and other requirements of said Plan. Section 8'. EmploYee Benefits. Cit~ shall provide Employee with all benefits provided all other management employees, including, but not limited to, City paid deferred compensation, health and dental benefits, Long-Term · Disability (LTD), Public Employees Retirement System (PERS), ~eneral and adminstrative-~eave and life insurance. Section 9' Use of Citv Automobile. City shall provide Employee with the use of a vehicle and shall pay for all costs and expenses of the maintenance and operation of said vehicle. Employee shall have unrestricted use said vehicle. Section 10: Tax Withholdin~. Cit~ shall have the obl±gation to deduct or withhold from the compensation due to Employee hereunder any and all sums required for federal income and other payroll taxes and all state . or local taxes now applicable or that ma~ be enacted and become applicable in the future. Section 11' Termination b_,y Citv. Upon any discharge of Employee by the City Council prior to the end of the term of employment provided in this agreement, Employee shall be ent±~led payment of the salary and benefits, includin9 accumulated '"general --and administrative leave and ..medical .benefits .... provided ..herein for the unexpired term. of employment prescribed herein. Section 12 Termination BM EmDlovee. Employee may terminate Employee's obl±gations under this Employment Agreement by giving City at least three (3) months' ~- wr±tten notice in advance. Section 13 ' Notices. Any notices to be given hereunder by either party to the other shall be in writing and may be transmitted by personal delivery or by mail, re~is%ered or certified, postage prepaid with return receipt requested~ Mailed notices shall be addressed to the parties at the addresses maintained in the personnel records of City, but each party may change that address by written notice in accordance with this Section. Notices delivered personally shalI be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing. Section 14' Entire A~qreement. This Employment A~reemen~ supersedes any and all other a~reements, either oral or in writing, between the parties hereto wi~h respec% to the employment of Employee by Cit~ and contains all of the covonants and a~reements between the' parties with respect to that employment in any manner whatsoever. Each party to this Employment Agreement acknowledges that no 'representation, inducements, promises or a~reements, orally or otherwise, have been made by any party, or .anyone acting on behalf of any party, which, are not · embodied herein, and" that no other agreement, .,.statement .or promise .not contained in this Employment .A~reement shall be valid or binding on either party. Section 15' Modifications. Any modifications of this Employment A~reement will be el- fective only if it is in writing and si~ned by the parties. Section 16' Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Employ- ment A~reement by the other party shall not be deemed a waiver of that term, covenant or condition, ~or shall any waiver or relin- quishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. Section 17' Partial Invaliditv. .. If any provision in this Employment Agreement is held by a i ,. court of competent jurisdiction to be invalid, void or unen- forceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. Section 18' Governing Law. _ This Employment Agreement shall be governed by and construed in accordance with the laws and effect as of the date of of the State of execution. California, in force Executed on this 20th day of November, 1989 at Tustin, California. , CITY OF TUSTIN URSULA KENNEDY Mayor ,, ATTEST - .... M~tYy WYNN e Clerk APPROVED AS TO FORM' By jAMES G. ROURKE City Attorney WILLIAM A. HUSTON JGR- cas' R' 11/2/89 (A99) City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 89-164A MARY E. WYNN, 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 No. 89-164A was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 20th day of November, 1989, by the following vote: COUNCILMEMBER AYES: Kennedy, Edgar, Hoesterey COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: Kelly, Prescott Valerie Whiteman, Acting Chief Deguty City Clerk for Mary E. Wynn, City Clerk