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HomeMy WebLinkAbout90-071 CC Resolution RESOLUTION NO. 90-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY MANAGER The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, the City of Temecula, California was incorporated on December 1, 1989, as a general law city of the State of California; and WltEREAS, the City, by ordinance has adopted a Council/Manager form of government. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula does determine and order as follows: Section 1. David F. Dixon is hereby appointed City Manager of the City of Temecula to serve at the pleasure of the City Council. Section 2. The terms and conditions of this appointment shall be as defined in the letter of agreement dated June 13, 1990, attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 10th day of July, 1990. Ronald J. Parks, Mayor ATI'EST: [SEAL] Resos 90-71 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, HREBY DO CERTIFY that the foregoing Resolution No. 90-71 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of July, 1990, by the following roll call vote. AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Moore, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None reek, Deputy City Clerk Resoa 90-71 Mayor Ron Parks Mayor Pro Tem Karel F. Lindemans CITY OF TEMECULA P.O. Box 3000 Temecula, California 92390 (714) 694-1989 FAX (714) 694-1999 Councilmembers Patricia H. Birdsall Peg Moore J. Sal Mu~oz June 13, 1990 Mr. David F. Dixon 11140 Pioneer Ridge Drive Moreno Valley, California 92388 AGREEMENT/APPOINTMENT AS CITY MANAGER OF TEMECULA On behalf of the City Council, it is my pleasure to officially offer you the position of City Manager for the City of Temecula. It is my understanding that you are already familiar with the duties and responsibilities of the City Manager, and that you will perform all of the duties necessary to manage the City and to perform such other duties as the Council may assign from time to 6me. The purpose of this letter is to set forth the additional terms and conditions of employment for your position. 1. Appointment - If you decide to accept this position, your appointment would become effective July 5, 1990. Your appointment will terminate on July 5, 1995; however, the City and you anticipate that this Agreement may be extended from time to time with the consent of the City and you, and according to such terms as the City and you may agree on. 2. Salary - Your base salary will be set at $103,870.00 per year for the remainder of the fiscal year 1989-1990, and all of the fiscal year 1990-1991. Your annual base salary will be payable in installments at the same time as the other employees of the City. Commencing on July 5, 1990, the City will contribute to a deferred compensation program of your choice, a sum equal to seven and 22/100 percent (7.22%) of your base monthly salary. 3. Retirement - The City of Temecula will execute all necessary agreements to participate in the State of California Public Employees Retirement System (PERS) and you will be enrolled in that program at the earliest eligible date. The employee's contribution to PERS would be paid on your behalf by the City of Temecula. AGREEMENT/APPOINTMENT AS CITY MANAGER June 13, 1990 Page No. 2 4. Vacation Leave and Sick Leave - Effective on your first day of employment with the City, you will be credited with fourteen (14) days of combined vacation and sick leave. Thereafter, you will accrue combined paid vacation and sick leave at the rate of 2.334 days per month during the term of your employment. You will also be eligible to receive any unused vacation leave and sick leave in cash when leaving the employment of the City. All aspects of the administration of sick leave and vacation leave will be in accordance with that which is provided to all executive management employees of the City. 5. Administrative Leave - The City will provide you with ten (10) days of administrative leave per fiscal year accumulating at a rate of 0.834/day per month. Any unused leave may be paid out to you in cash semi-annually at your option. 6. Medical Benefits - The City will enroll you and all of your eligible dependents in the major medical, health, sickness, accident, and disability income programs the City provides or makes available to all executive management employees of the City. In the event that no such plan exists, the City will provide a similar plan for you, substantially equal to that which is provided to employees of similar cities in the area. 7.' Life Insurance The City will provide you with term life insurance from a carrier of the City's choice in accordance with that which is provided to all executive management employees of the City. In the event that no such plan exists, the City will provide a similar plan for you substantially equal to that which is provided to employees of similar cities in the area. 8. Physical Examination - You will submit to a complete physical examination by a qualified physician selected by the City once a year. The City will pay for the cost of this physical examination and the City will receive a copy of all medical repom related to such examination. AGREEMENT/APPOINTMENT AS CITY MANAGER June 13, 1990 Page No. 3 9. Professional Development All normal business expenses, including attendance at League of California Cities, Independent Cities Association, California Redevelopment Association, and International City Managers Association meetings and conferences, as well as local service club membership, business lunches and dinners, etcetera, will be paid for by the City and provided for separately in the operating budget of the City Manager's Office. All other job-related seminars, training sessions, and professional dues and subscriptions will be paid for by the City and provided for separately in the operating budget of the City Manager's office. 10. Vehicle - The City will provide you with a City vehicle for your professional and personal use, not including vacations. The City will pay for all insurance, gasoline, maintenance, and registration for this vehicle. In addition, the City will provide for regular replacement of the vehicle consistent with the depreciation policies of the City. 1 I. Residency - The City and you have acknowledged the desirability of your relocation to the City of Temecula. In order to secure your relocation, the City will provide you with: (A) Low Interest Loan. The City will make available to you a housing loan. The loan, a first mortgage, will be up to 70% of the purchase price of a home within the City. The interest payments will be paid to the City on a monthly basis at a rate equivalent to the interest earned by the City investment portfolio or some other mutually agreed upon index. The rate will be an adjustable rate, calculated on an annual basis. There will be a cap rate of three percentage points on the loan which means that the rate will not increase by more than three percentage points during the life of the loan. The loan will be due and payable within twelve (12) months of your leaving your employment with the City or when the home is no longer your primary residence, whichever occurs first. You will obtain, and keep current, a life insurance policy in the amount of the loan and the City will be named as the primary beneficiary in order to pay off the loan in the event of your death. You will be responsible for the cost of this policy and you will file a copy of the policy with the City. AGREEMENT/APPOINTMENT AS CITY MANAGER June 13, 1990 Page No. 4 (B) Moving Expenses. The City will pay your expenses, in an amount not to exceed $4,000, for packing, moving and transporting, storing, unpacking, and insurance of your personal belongings and those of your family. 12. Performance Evaluation - The Council will review and evaluate your performance at least once annually in advance of the adoption of the City's budget. This review and evaluation will be in accordance with specific criteria, goals, and performance objectives developed jointly by you and the Council. 13. Outside Activities - You will not engage in any outside activities for compensation without prior approval of the Council. 14. Termination of Appointment; Severance - The City and you will have the right to terminate this Agreement prior to Inly 1, 1995 or any extensions of this Agreement, except that the City will not terminate this Agreement during the fu'st ninety (90) days following a regular or special municipal election in which members of the Council are elected. The City may terminate this Agreement for any reason; however, should you be involuntarily terminated by the City for any reason other than conviction of an illegal act involving moral turpitude or personal gain to you, you would be provided with a lump sum cash payment equal to six (6) months' aggregate salary. Medical benefits and life insurance will be extended six (6) months after termination, or when replaced by another employer, whichever first occurs. You may terminate this Agreement for any reason, provided you first furnish the City with at least thirty (30) days' advance notice. 15. Indemnification and Bond - The City will defend, save harmless, and indemnify you against ~ny tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of your duties as City Manager. This provision will not apply with respect to any intentional tort or crime which you may commit or to any punitive damages which may be assessed against you. The City will bear the full cost of a fidelity bond in the amount of $100,000.00 or any other bonds which may be required of you in the performance of your duties as City Manager. AGI~MENT/APPOINTMENT AS CITY MANAGER June 13, 1990 Page No. ~5 16. Miscellaneous - Except as otherwise provided in this Agreement, you will receive all benefits to which executive management employees of the City are entitled. In addition, the City will not, at any time during the term of this Agreement, reduce your salary, compensation, or other financial benefits, except to the degree the City reduces such benefits, or any portion of such benefits, for all employees of the City. This offer of employment is made with the approval and authorization of the Temecula City Council. Sincerely, Ronald Parks Mayor ACCEPTF rq David F. Dixon / .RP:sjf , 1990