HomeMy WebLinkAbout10 MANAGER CONTRACT 03-07-05
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AGENDA REPORT
Agenda Item
Reviewed:
City Manager ~
Finance Director N/A
10
MEETING DATE:
TO:
MARCH 7, 2005
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
SUBJECT:
CITY ATTORNEY
AMENDMENT NO.5 TO EMPLOYMENT AGREEMENT WITH THE CITY
MANAGER
SUMMARY:
The City Attorney is recommending that the City Council adopt a resolution approving
Amendment No.5 to the Employment Agreement with the City Manager.
RECOMMENDATION:
Motion to adopt the attached Resolution Approving Amendment No.5 to the
Employment Agreement with the City Manager.
FISCAL IMPACT:
Within budget.
BACKGROUND:
The City Manager's Employment Agreement provides that the City Manager's salary
and benefits shall be reviewed at least every two years. The City Council's authorized
negotiator and Mr. Huston have reached a verbal agreement on a salary increase and
benefit option for the City Manager. The City Manager's salary has not been adjusted
since November of 2002. The Employment Agreement is also proposed to be amended
to allow the City Manager, at his option, to convert his deferred compensation to base
salary. This benefit has been approved for management and executive management
employees effective February 21, 2005. The Employment Agreement needs to be
amended to provide for these changes. In that regard, a resolution approving
Amendment No.5 has been prepared for your consideration.
ATTACHMENT:
Resolution and Agreement.
LOIS ~F~Y ~
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cc: William A. Huston, City Manager
19910'.1
March 2, 2005
RESOLUTION NO. 05-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AMENDMENT NO.5
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 and provide an optional
benefit.
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.5 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 ¡th day of March 2005.
LOU BONE
Mayor
PAMELA STOKER
City Clerk
Resolution No. 05-46
Page 1 of 4
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do 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. 05-46 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of
March, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Resoiution No. 05-46
Page 2 of 4
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AMENDMENT NO.5 TO
EMPLOYMENT AGREEMENT
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This Amendment No.5 is made and entered into by and between the CITY OF
TUSTIN, a municipal corporation ("City"), and WILLIAM A. HUSTON, ("Employee").
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WITNESSETH
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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.
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("the Employment Agreement")
WHEREAS, the parties desire to amend the Employment Agreement to provide for a
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salary increase.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
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other good and valuable consideration, receipt of which is hereby acknowledged, it is hereby
agreed by and between City and Employee as follows:
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AGREEMENT
1.
A sentence added to Section 5A of the Employment Agreement, as amended,
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to read as follows:
"Effective December 27, 2004, Employee's salary shall be
increased by five and one quarter percent (5.25%).
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Effective January 1, 2006, and January 1, 2007,
Employee's salary shall be increased by five percent (5%).
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2.
A sentence is added to Section 6 of the Employment Agreement, as amended,
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to read as follows:
"At Employee's option, the City's contribution on behalf of
Employee to the City's Deferred Compensation Plan
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investment fund may be converted to salary."
Except as expressly amended herein, all other terms and conditions of the
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3.
Employment Agreement shall remain in full force and effect.
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Executed this - day of
, 2005, at Tustin, California.
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"City"
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CITY OF TUSTIN, a municipal corporation
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By:
Lou Bone, Mayor
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ATTEST:
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Pamela Stoker
City Clerk
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APPROVED AS TO FORM:
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Lois E. Jeffrey
City Attorney
"Employee"
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William A. Huston
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