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HomeMy WebLinkAboutCC RES 05-46 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. -f!- ðf /Af LOU BONE Mayor ~N')1~~ PAMELA STOKE City Clerk Resolution No. 05-46 Page 1014 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: COUNCILMEMBERAYES: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONF. COUNCILMEMBER ABSENT: NONE (5) (0) (0) (0) ~)(Y.~~ PAMELA STOKER City Clerk Resolution No. 05-46 Page 2 of 4 '000',"".""='" ",o:.fvf:ru<w O,.....G' ,.\mhuizBr\LOcal 2 AMENDMENT NO.5 TO EMPLOYMENT AGREEMENT 3 4 5 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"). 6 7 WITNESSETH 8 9 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. 10 11 ("the Employment Agreement") WHEREAS, the parties desire to amend the Employment Agreement to provide for a 12 13 salary increase. NOW, THEREFORE, in consideration of the mutual promises contained herein and 14 15 other good and valuable consideration, receipt of which is hereby acknowledged. it is hereby agreed by and between City and Employee as follows: 16 17 18 19 AGREEMENT 1. A sentence added to Section 5A of the Employment Agreement, as amended. 20 21 to read as follows: "Effective December 27, 2004, Employee's salary shall be increased by five and one quarter percent (5.25%). 22 23 Effective January 1, 2006, and January 1, 2007, Employee's salary shall be increased by five percent (5%). 24 25 III 26 11/ 27 11/ 28 11/ Resolution No. 05-46 Page3.of 4 2. 2 3 to read as follows: A sentence is added to Section 6 of the Employment Agreement, as amended, 4 5 6 7 3. "At Employee's option, the City's contribution on behalf of Employee to the City's Deferred Compensation Plan investment fund may be converted to salary." Except as expressly amended herein, all other terms and conditions of the Employment Agreement shall remain in full force and effect. Lois E. Jeffrey City Attorney JS\mhuizBrlLOcal Res ution No. 05-46 Page 4 of 4 8 9 Executed this - day of 10 11 12 13 14 15 16 17 ATTEST: 18 19 , 2005, at Tustin, California. "City" CITY OF TUSTIN, a municipal corporation By: Lou Bone, Mayor Pamela Stoker City Clerk 20 21 APPROVED AS TO FORM: 22 23 24 25 26 27 28 '00","".""=,, UM"" ATTORN'" AT U<W ORANG' "Employee" William A. Huston -2.