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RESOLUTION NO. 89-164
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
5 The City Council of the City of Tustin hereby apDroves
the Employment Contract attached hereto and authorizes and
6 directs the Mayor and City Clerk to execute same.
7 Passed and adopted at a regular meeting of the
Council of the City of Tustin, California, held on the
8 day, of November, 1989.
ATTEST'
Ci~- Clerk~
Mayor
JGR'cas-D- 11/6/89(A102)
EMPLOYMENT AGREEMENT
THIS AGREEMENT, is made and entered into, to be effective
on the ~ 7~
day of _..~~~~~ , 1989, by and between'
_
AND
THE CITY OF TUSTIN, a municipal
corporation (hereinafter "Ci.ty")
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 attrac't 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 the long term City objectives, t~e 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 City for a period of three (3) years, 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 mutually agreeable terlns of such an extension before November
5, 1991, the employment term shall terminate on December 6, 1991
and Employee shall receive one (1) years salary, accumulated
general and administrative leave and continuation of medical
benefits to December 6, 1992.
Section 2' Emplovment Term Defined.
As used herein, the phrase "Employment Term" refers t'o the
entire period of employment of Employee by City hereunder,
whether for the periods Drovided above, or whether terminated
earlier as hereinafter provided, or extended by mutual agreement
between City 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 ~erms of
this Employment Agreement.
Section 4- Devotion to City's Business.
A. Employee shall devote Employee's en%ire productive
time, ability and attention to the business of City durin~ the
term of this Employment Agreement;
B. Employee shall not en~age in any other business
duties..'0r pursuits wha%soever, 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 actiVities
not materially interfere with the 'services required under this
Employment Agreement, and shall not require the prior written
consent of the City Council.
C. This Employment A~reement shall not be interpreted
to Drohibit Employee from making passive personal investments or
conducting private business affairs, if those activities are not
deemed to be a conflict of interest by state law, or materially
interfere with the services required under this Employment
A~reement.
Section 5' Uniqueness of Employee's_ Services.
Employee has many years of public, service devoted to
municipal administration. Additionally, he possesses many years
of administrative experience in dealing with employees, the
general public, other governmental agencies and legislative
officials. These unique qualities provide valuable benefits to
City that are not readily replaced.
Section 6' Annual Salary.
A. · As compensation for the services to be performed
hereunder, Employee shall receive the salary he is presently
receiving, to wi~' Nine%y five thousand six hundred seventy five
dollars and eighty-five cents ($95,675.85) per annum, payable not
less than bi-weekly during the Employment Term°
B. Employee shall receive such annual increases
salary in an amount equal to five percent (5%-) of the 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 employees.
Section 7' Deferred Compensation.
Employee shall be entitled to contribute a portion of his
annual salary into the City's Deferred Compensation Plan
investment fund. Such contribution shall be in the permissible
amounts and other requirements of said Plan.
Section 8' EmD10¥ee Benefits.
City shall provide Employee with all benefits provided all
other management empl0yees, including, but not limited to, City
paid deferred compensation, health and den~l benefits, Long-Term
Disability (LTD), Public Employees Retirement System (PERS),
general and adminstrative-~eave and life insurance.
'Section 9' Use of City Automobile.
City shall provide Employee with the use of a vehicl'e and
..
..
shall pa~ for all costs and expenses of the maintenance and
operation of said vehicle. Employee shall have unrestricted use
said Vehicle..
Section 10' Tax Withholding.
City shall have the obligation 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 may be enacted and become
applicable in the future.
Section 11- Termination b_~ City.
Upon any discharge of Employee by the City Council prior to
the end of the term of employment provided in this a~reement,
Employee shall be entitled payment of the salary and benef,its,
· -includin~ accumulated ~eneral and administrative leave and
medical benefits provided herein for the unexpired term of
employment prescribed herein.
Section 12 Termination By EmDloyee.
Emplosfee may terminate Emplosfee' s obligations under this
Employment Agreement by givin~ City at least three (3) months'
written noti'ce 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, registered or certi/ied, 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
, 5
delivered personally shall 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 Agreement.
This Employment Agreement supersedes any and all other
agreements, either oral or in writing, between the parties hereto
with respect to the employment of Employee by City and contains
all of the covenants and agreements 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 agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party,
· ~hich are not embodied herein, and that no other agreement,
statement or promise not contained in this Employment Agreement
shall be Valid or binding on either party.
Section 15'. Modifications.
Any modifications of this Employment Agreement will b~ ef-
fective only if it is in writing and signed 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 Agreement by the other party shall not ]De deemed a waiver of
tha~. term, covenant or condition, nor shal~ 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 Invalidit?].
If any provision in this Emplc. yment Agreement is held by a
·
court of.competent jurisdiction to
forceable, th~ remainin~ provisions
be invalid, void or unen-
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 of the State of California, in force
and effect as of the date of execution.
Executed on this ~.~~ day of
1989 at Tustin, California.
ATTEST '
MARY
wY !.
City C
CITY OF TUSTIN
URSULA KENNEDY
Mayor
WILLIAM A. HUSTON a
JGR' cas' R' 11/2/89(A99 )
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 89-164
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. 89-164 was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 6th day of November, 1989, by the following
vote-
COUNCILMEMBER AYES: Edgar, Kennedy, Hoesterey
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED- None
COUNCILMEMBER ABSENT: Kelly, Prescott
Valerie Whiteman, Acting Chief Deputy City Cler-~
for Mary E. Wynn, City Clerk