HomeMy WebLinkAboutCC Res 1868 1970-06-29
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RESOLUTION NUMBER 1868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, AUTHORIZING THE AMEND-
MENT OF THE EMPLOYMENT AGREEMENT BY AND BETWEEN
THE CITY OF SEAL BEACH AND THE CITY MANAGER,
WHEREAS, The City of Seal Beach desires to promote a stable city
government, to provide for continuity in administration! and
WHEREAS, The City of Seal Beach has determined that an agreement
for the services of a city manager is essential and desirable!
and
WHEREAS, C, Lee Risner, Jr" is the presently duly appointed city
manager of the city of Seal Beach! and
WHEREAS, Mr, Risner has executed an amendment to that certain
agreement dated June 29, 1968, relating to the employment of
said Mr, Risner.
NOW, THEREFORE, The City council of the city of Seal Beach does
resolve that the employment agreement dated June 29, 1968, is
hereby amended to read as shown in "Exhibit A" dated June 29, 1970,
and attached hereto and made a part hereof,
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Seal Beach, California, at a meeting thereof held on the 29th day
of June, 1970, by the following vote:
AYES: Councilmen Anderson, Dreis, Fuhrman, Gummere, Hamilton
NOES: Councilmen None
ABSENT: Councilmen None
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Resolution Number.
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT made and entered into this 29th day of
June, 1970, by and between the
CITY OF SEAL BEACH, a charter city
and a municipal corporation,
211 8th Street, Seal Beach, California,
hereinafter referred to as "CITY"
and
C. LEE RISNER, JR., an individual, with
mailing address at 211 8th street,
Seal Beach, California, City Manager of
the city of Seal Beach, california,
hereinafter referred to as"CITY MANAGER,"
WITNESSETH
WHEREAS, On June 29, 1968, the City and the city Manager did enter
into an agreement to promote stable city government, to provide for
continuity in administration, and to insure the administration of
the City's long-range programs~ and
WHEREAS, Both parties desire to amend said agreement~
NOW, THEREFORE, in consideration of the mutual covenants and con-
ditions herein contained, the parties agree as follows:
1, Paragraph 2(b) relating to termination shall be amended to
read as follows:
(b) city Manager shall not terminate this agreement
or leave the employment of City during the term of this
agreement without the giving of written notice of his
election to terminate his employment and/or this agree-
ment sixty (60) days prior to said termination,
2, Paragraph 5 relating to compensation shall be amended to read
as follows:
City Manager, effective July 1, 1970, shall receive
as compensation the sum of Twenty-Two Thousand,
Four Hundred Dollars ($22,400) annually, payable
semi-monthly. City shall not have the right to
reduce city Manager's salary as provided for herein
unless such reduction is a percentage reduction and
is in accordance with a reduction applied to all
employees of city, All general benefits applicable
to employees of City, including, but not limited to,
insurance, sick leave, and vacation leave shall ap~ly
to City Manager, The City may from time to time.-
during the term of this agreement, by resolution,
modify City Manager's compensation subject only to
the restrictions contained herein,
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Resolution Number.
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3, Paragraph 6 relating to deferred compensation shall be amended
to read as follows:
In addition to the compensation specified to be paid
semi-monthly, City hereby agrees to establish July 1,'
1970, a deferred compensation fund for accumulation
of the deferred compensation of City Manager. Except
as provided herein, City agrees that upon termination
of this agreement or city Manager's full-time employ-
ment by City, which ever is later, the entire balance
of said fund shall be payable to him or his estate in
a lump sum or in installments or other manner as City
Manager or the executor of his estate may determine,
and that until such event said account shall be
invested in any manner intended to increase said
resourceS7 provided, however, that City shall not be
responsible nor replace any loss whatsoever which
may result from such investment,
Said deferred income effective July 1, 1970, and
continuing until the termination of this agreement
or City Manager's employment, whichever occurs later,
shall be the sum of Four Hundred Dollars ($400) per
month, deposited into the deferred compensation fund
monthly,
City shall not have the right to reduce the amount of
deferred income provided for herein unless such reduc-
tion is the same percentage reduction of the City
Manager's salary as provided for in Paragraph 5,
The deferred income account, including increases due
to earned income from said account or the increases
in the value of investments made from the account,
shall not be available to City Manager or his designee
or executor until such time as his full-time employment
by City shall be terminated or this agreement terminated,
whichever date is later,
4. All other provisions not specifically amended in this agreement,
shall remain in full force and effect for the term of that certain
agreement made and entered into the 29th day of June, 1968, by and
between the City of Seal Beach and C. Lee Risner, Jr. Said provisions
that remain in full force and effect include Paragraph 1 relating to
the term of the agreement Paragraph 2(a) relating to termination of
agreement by City, Paragraph 2(c) relating to termination of employ-
ment by termination of agreement, paragraph 3 relating to continuation,
Paragraph 4 relating to duties~
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Resolution Number '
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5. Should any part, paragraph, sentence, clause, phrase, or
section of this agreement be considered as invalid,or contravene
to the city charter, state law, or public policy by a court of
competent jurisdiction, then such part, paragraph, sentence,
clause, phrase, or section shall be considered invalid only as
to the extent of such disagreement, and the remainder of the
agreement shall be considered as valid and in full force and
effect,
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed by their officers or agents thereunto duly autho-
rized, the day and year first above written,
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