HomeMy WebLinkAboutRES 89-35RESOLUTION NO. 89-35
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR APPOINTING A CITY MANAGER
AND APPROVING AN AGREEMENT WITH ROBERT L. VAN NORT
WHEREAS, the City of Diamond Bar was incorporated on April 18,
1989 as a general law City of the State of California; and
WHEREAS, it is necessary that a permanent City
Manager be appointed immediately in order that the affairs of
the City may be properly administered;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Diamond Bar does resolve, determine and order as
follows:
SECTION 1. ROBERT L. VAN NORT is hereby appointed
City Manager of the City of Diamond Bar
to serve at the pleasure of the City
Council.
SECTION 2. Subject to the approval as to form of
the City Attorney, the City Council
approves and the Mayor is authorized
to execute an employment agreement
with ROBERT L. VAN NORT in
substantially the form of Exhibit A,
attached hereto.
SECTION 3. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of
June, 1989.
IROBERT L VAN NnRT City Clerk of the City
of Diamond Bar, do hereby certify that the foregoing Resolution
was introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 6th , day of June ,
1989, and was finally passed at a regular meeting of the City
Council of the City of Diamond Bar held on the _6th day of
.'luny_, 1989, by the following vote:
Forbing, Miller, Werner,
AYES: COUNCIL MEMBERS: Mayor Pro Tem Horcher and
NOES: COUNCIL MEMBERS: NONE Mayor Papen
ABSENT: COUNCIL MEMBERS: NONE
ABSTAINED: COUNCIL MEMBERS: NONE
ATTEST:
Cit Clerk of _t:ie City
of Diamond Bar
EMPLOYMENT AGREEMENT
This Employment Agreement is made and entered into this
first day of June, 1989, by and between the CITY OF DIAMOND BAR,
a municipal corporation, hereinafter referred to as "City," and
ROBERT L. VAN NORT, hereinafter referred to as "Manager."
W I T N E S S E T H:
A. Recitals.
(i) City desires to employ Manager as City Manager of
City.
(ii) It is the desire of City's City Council to provide
certain benefits, establish certain conditions of employment, and
to set working conditions of Manager.
(iii) It is the desire of City's City Council (1) to
.provide a clearly defined procedure for terminating the services
of Manager when City's City Council may desire to terminate his
employment, (2) to assist in the maintenance and well-being of
Manager, (3) to retain the services of Manager and to provide
inducement for him to remain in such employment, (4) to make
possible full work productivity by.assuring Manager's morale,
health, and peace of mind with respect to the future security of
him and his family, and (5) to establish a clear and mutually
understood system of compensating Manager.
NOW, THEREFORE, in consideration of the mutual
covenants herein contained, the parties hereto agree as follows:
SECTION 1. DUTIES.
City hereby agrees to employ Manager as.City Manager of
City to perform the duties and functions specified in the
Diamond Bar Ordinances and Regulations and to perform such other
duties as City's City Council shall from time to time assign to
Manager. Manager shall neither accept not engage in any other
employment or consulting activities without City's City Council's
prior written approval.
SECTION 2. TERM.
This Agreement shall commence as of June 1, 1989 and
shall terminate on June 30, 1992 unless sooner terminated in the
manner and on the terms provided below.
SECTION 3. TERMINATION AND SEVERANCE PAY.
A. City's City Council may terminate the employment
of Manager at any time, provided, however, that, if and when such
employment is so terminated without cause, City shall pay
employee a lump sum cash payment equal to the monetary value of
four months' salary and benefits articulated below for Manager.
B. In the event Manager desires to resign his
position with City, then Manager shall give City sixty (60) days'
written notice thereof in advance.
SECTION 4. SALARY.
Commencing June 1, 1989, Manager shall receive a
monthly salary in the amount of Six Thousand Seven Five Hundred
Dollars ($6,700.00). Further, as of each July 1 during the term
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hereof (commencing July 1, 1990), Manager shall be entitled to a
cost -of -living increase to his salary equivalent to the largest
such increase afforded to any other City employee.
SECTION 5. AUTOMOBILE ALLOWANCE.
In view of the fact that City's City Council requires
that Manager have available and operate an automobile in
performing his duties hereunder, Manager shall receive an
automobile allowance of Two Hundred Fifty Dollars ($250.00) per
month during the term hereof.
SECTION 6. OTHER BENEFITS.
Manager shall receive sick leave, bereavement leave,
holidays, medical benefits, P.E.R.S. contributions and any other
benefits supplied to City's other employees on the same basis as
offered to such other employees. To the extent the same is
legally permissible, Manager may elect to obtain such benefits
pursuant to a "cafeteria plan" with the monetary value of
benefits not selected applied to a deferred compensation plan
selected by Manager and approved by City. Moreover, Manager
shall not be obligated to join P.E.R.S. until March 5, 1991.
Upon commencement of employment with City, Manager shall be
deemed to have accrued, and shall have credited to him fifteen
(15) days of vacation leave to be taken at times mutually agreed
upon by City and Manager. Manager shall be permitted to attend,
at City expense, professional conferences approved by City's City
Council through the budget or other appropriate process. Manager
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shall, in addition to the above benefits, be entitled to five (5)
days of administrative leave per year.
SECTION 7. RETIREMENT CONTRIBUTION.
City and Manager recognize that City is initiating the
legally required procedure to contract with the Public Employees
Retirement System. To the extent the same is legally
permissible, City agrees to endeavor to enroll Manager therein at
the earliest opportunity, retroactive to the commencement date of
Manager's employment with City. City agrees to pay Manager's
share of the P.E.R.S. contribution in addition to City's share
thereof.
SECTION 8. REIMBURSEMENT OF EXPENSES.
Manager shall be reimbursed for his out-of-pocket
expenses incident to services performed on behalf of City
hereunder, including professional activities, such as travel
expenses, in the event Manager is required to travel on behalf of
City. Manager may be supplied credit cards at the discretion of
City's City Council which he shall use to defray such expenses
whenever practicable for ease of accounting.
SECTION 9. RELOCATION AND INTERIM PER DIEM EXPENSES.
City recognizes that Manager will be required to
relocate from his present residence to Diamond Bar, thereby
incurring substantial expense. In order to assist in defraying
such expense, City agrees to reimburse Manager for moving and
relocation expenses in a sum not to exceed Three Thousand Five
4
Hundred Dollars ($3,500.00). Such reimbursement shall be
promptly paid upon presentation of documents, invoices, bills of
lading or other instruments evidencing such moving and relocation
expenses. In addition to any other sums to be paid to Manager
hereunder, City agrees to pay to Manager Sixty Dollars ($60.00)
per day, not to exceed a total payment hereunder of Two Thousand
Dollars ($2,000.00) as per diem for temporary lodging and
accommodations during the first sixty (60) days of the term
hereof.
SECTION 10. INDEMNIFICATION.
City shall defend, hold harmless and indemnify Manager
against any tort, professional liability claim or demand or other
legal action, whether groundless or otherwise, arising out of an
alleged actor omission occurring in the performance of Manager's
duties hereunder and will compromise and settle any such claim or
suit and pay the amount of any settlement or judgment,rendered
therefrom to the extent specified in the California Government
Code.
SECTION 11. DUES AND SUBSCRIPTIONS.
City's City Council agrees to budget and pay for the
professional dues of Manager in the International City Managers'
Association, and to consider defraying such other dues and
subscriptions of Manager which City's City Council deems
appropriate and necessary for his continuation and full
participation in associations and organizations necessary and
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desirable for his continued professional participation, growth
and advancement, and for the benefit of City.
SECTION 12. EVALUATION AND MERIT INCREASES.
City's full City Council shall review and evaluate the
performance of Manager at least once annually during the period
between April 1 and June 30 in advance of the adoption of the
annual operating budget. Said review and evaluation shall be in
accordance with specific criteria developed jointly by City's
City Council and Manager. Said criteria may be added to or
deleted from as City's City Council may, from time to time,
determine, in consultation with Manager. Further, City's City
Council shall provide Manager with a summary written statement of
the findings of City's full City Council and provide an adequate
opportunity for Manager to discuss his evaluation with City's
City Council. Said annual evaluation shall constitute the -basis
for City's City Council to consider any salary merit increases
requested by or afforded to Manager during the term hereof.
SECTION 13. COMMUNICATION WITH CITY COUNCIL.
To the maximum extent possible, Manager shall provide
his input to and communicate with all members of City's City
Council simultaneously. In any instance where such simultaneous
communication is not feasible, Manager shall communicate with
City's Mayor, Mayor Pro Tem or any other member of City's City
Council in that order.
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SECTION 14. GENERAL PROVISIONS.
A. This Agreement shall be binding upon and inure to
the benefit of the heirs at law and executors of Manager.
B. If any provision of this Agreement shall be held
invalid, the remainder shall nevertheless be deemed valid and
effective, and it is the intention of the parties hereto that
each provision hereof is being stipulated separately in the event
one or more of such provisions should be held invalid.
C. Manager may not assign this Agreement, in whole or
in part.
IN WITNESS WHEREOF, the CITY OF DIAMOND BAR has caused
this Agreement to be signed and executed on its behalf by its
Mayor, and duly attested by its City Clerk, and Manager has
signed and executed this Agreement, both in duplicate, the day
and year first above written.
ATTEST:
Tommye'Nice, Deputy City Clerk,
City of Diamond Bar
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Phyllis Papen, Mayor,
City of Diamond Bar
Robert L. Van Nort
APPROVED AS TO FORM*
G �
Andrew V. Arczynski,
City Attorney,
City of Diamond Bar
SPOUSAL CONSENT
The undersigned is the spouse of ROBERT L. VAN NORT and
hereby consents to ROBERT L. VAN NORT's execution of the above
Agreement, and agrees to be bound by the terms of said Agreement.
Diane Van Nort
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