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HomeMy WebLinkAboutReso 81-1993CITY COUNCIL RESOLUTION NO. 81-93 REDEVELOPMENT AGENCY RESOLUTION NO. 16-9~ A JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APPROVING CITY MANAGER'S EMPLOYMENT AGREEMENT AND APPOINTING EDWARD G. WOHLENBERG TO THE POSITION OF C2TY MANAGER AND EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY BE IT RESOLVED by the City Council and Redevelopment Agency of the City of South San Francisco, that it appoints EDWARD G. WOHLENBERG to the position of City Manager/Redevelopment Agency, effective September 1, 1993, approves the Employment Agreement dated June 30, 1993 attached hereto as Exhibit "A" and authorizes the Mayor to sign the Agreement on behalf of the City and Redevelopment Agency. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at an adj. re§u]ar meeting held on the 30th day of June AYES: NOES: ABSTAIN: ABSENT , 1993 by the following vote. Councilmembers Jack Drago, Joseph A. Fernekes, John R. Penna, and Ma¥0r Roberta Cerri Teglia None None None CONTINUED... · City Clerk I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at an adj. reQu]armeeting held on the 3~th day of ~une , 1993 by the following vote: AYES: Boardmembers Jack Drago, Joseph A. Fernekes, and Chairwoman Roberta Cerri Teqlia NOES: None ABSTAIN: None ABSENT: ATTEST: Boardmember John R. Penna *Indicated his concurrence with the Agency action by voting in favor of the agreement at the City Council meeting of the same date. Redevelopment Agency of the City of South San Francisco EXHIBIT A TO COUNCIL RESO. NO. 81-93 AND REDEV. AGENCY RESO. 16-93 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into at South San Francisco, California, this 30th day of June, 1993, by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation, hereinafter sometimes referred to as the "CITY", and EDWARD G. WOHLENBERG, an individual currently residing in the City of Vallejo, California, hereinafter referred to as "WOHLENBERG"; WITNESS ETH: WHEREAS, CITY requires the services of a person with proven executive and administrative qualifications to fill the position of City Manager under the Council-Manager form of government, as provided in Chapter 2.36 of the South San Francisco Municipal Code; and WHEREAS, CITY desires to employ the services of WOHLENBERG as City Manager of the City of South San Francisco, and further desires to assure the continuous service of WOHLENBERG in such official capacity as provided for in the Municipal Code by establishing herein certain salary and benefits, and the other terms and conditions of his employment; and WHEREAS, WOHLENBERG desires to accept employment as City Manager of the City of South San Francisco under the terms and conditions of employment as set forth herein; NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants and stipulations herein contained, the parties hereto agree as follows: SECTION 1. EMPLOYMENT: CITY agrees to employ WOHLENBERG as City Manager of CITY, conferring upon and delegating to WOHLENBERG all of the duties, powers and responsibilities of City Manager as the same are, and may hereafter be, specifically prescribed in the Municipal Code and the ordinances, resolutions, policies, rules and regulations as from tine to time existing thereunder by action of the City Council, and WOHLENBERG accepts employment as City Manager of the city of South San Francisco and agrees to serve as such commencing September 1, 1993. SECTION 2. TERM, TERMINATION AND SEVERANCE PAY: A. This initial term of this Agreement shall be from September 1, 1993 through December 31, 1995. B. In the event written notice of non-renewal is not given to WOHLENBERG six (6) months prior to the termination date, this Agreemenu shall be extended on the same terms and conditions as herein provided for an additional twenty-four (24) months. C. Pursuant to Municipal Code §2.36.010, WOHLENBERG serves at the pleasure of the Council. Therefore, nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the services of WOHLENBERG at any time by a majority vote of the entire City Council, subject only to the provisions set forth in this Agreement. D. In the event that the CITY chooses to involuntarily terminate WOHLENBERG per Section 2 C of this Agreement, WOHLENBERG shall be given ninety (90) days written notice of the effective date of termination. At the election of a majority of the City Council, however, WOHLENBERG may be given severance pay in an amount equal to ninety (90) days regular compensation at whatever pay level WOHLENBERG is at the time of his involuntary termination. Under this option, WOHLENBERG shall also be entitled to all benefits specified in Sections 4, 5, 6, 8, 9, 10, 11, and 12 of this Agreement. E. Involuntary termination as used in this Section means WOHLENBERG'S discharge or dismissal by the City, or WOHLENBERG'S resignation following a salary reduction greater in percentage than an across-the-board reduction in salary for all miscellaneous employees, or his resignation following a request by the City Council, approved by majority vote, that he resign. "Involuntary Termination" does not include WOHLENBERG'S death, incapacity due to an injury, or illness (physical or mental), dismissal for willful misconduct, malfeasance, dishonesty for personal gain, or following conviction of a felony or misdemeanor involving moral turpitude, or dismissal for breach of a term of condition of this agreement. F. In the event WOHLENBERG is terminated because of his breach of this Agreement or because of misconduct which the Council determines is materially related to the performance of his official duties, the City shall have no obligation to provide any severance payment. G. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of WOHLENBERG to resign at any time from this position with the CITY, subject only to the provisions set forth in Section 2(H) of this Agreement. H. In the event WOHLENBERG voluntarily resigns his position with city, WOHLENBERG shall give the CITY sixty (60) days notice in advance, unless the parties agree otherwise. SECTION 3. SALARY: A. (1) CITY agrees to pay WOHLENBERG for his services rendered pursuant hereto, an annual base salary of $108,625, payable in installments at the same time as other employees of the CITY are paid. (2) In addition, CITY agrees to increase annually said base salary and/or other benefits of WOHLENBERG in such amounts and to suck extent as the CITY increases same for the Executive Management Group, subject to satisfactory performance evaluations for WOHLENBERG covering the most recent twelve (12) month period. SECTION 4. RETIREMENT: A. WOHLENBERG shall be covered by the retirement program (i.e., Public Employees' Retirement System - P.E.R.S.) by which all other "niscellaneous employees" of the CITY are covered. B. In addition to WOHLENBERG'S base salary, the CITY shall pay to ~OHLENBERG his share (currently 7%) of the retirement system costs. All such retirement system costs shall be paid to WOHLENBERG at the same time as the CITY'S contributions are made to the system for all other employees. SECTION 5. REDEVELOPMENT: As City Manager, Mr. Wohlenberg will be required to devote considerable time and effort as the Executive Director of the City's Redevelopment Agency. The services of the Executive Director are in addition to all of the duties and responsibilities of City Manager. In recognition of the service provided, Mr. Wohlenberg shall receive the following benefits from the Agency: A. An automotive allowance of One Hundred Dollars ($100.00) per month in exchange for his making available his personal automobile for his own use for Redevelopment Agency matters. B. An annual deposit into the ICMR-RC Deferred Compensation Plan of Four Thousand Dollars ($4,000.00). C. The benefits listed in subsections A and B of this section shall be in addition to those provided to the City Manager and shall accrue and begin upon Mr. Wohlenberg assuming office with the city. SECTION 6. OTHER BENEFITS AND WORKING CONDITIONS: A. WOHLENBERG shall be entitled to and shall be credited with one (1) week of administrative leave with pay upon his commencement of employment with CITY, and WOHLENBERG shall annually be credited with three (3) weeks vacation leave, as provided in the Executive Management Compensation Plan. B. WOHLENBERG shall be entitled to and shall receive all employment benefits enjoyed by the CITY'S Executive Management staff, 5ncluding, but not limited to such benefits as holidays, retirement, workers' compensation, sick leave, administrative leave, kealth, life and other insurance coverage. C. WOHLENBERG shall be credited with twelve (12) days of sick leave upon his commencement of employment with the CITY. D. WOHLENBERG shall not teach, consult or perform other non- City-connected business or employment without the express prior approval of the City Council. SECTION 7. PERFORMANCE EVALUATION: A. Within sixty (60) days of the commencement of WOHLENBERG'S employment and annually thereafter, the City Council and WOHLENBERG shall define such goals and performance objectives which tkey determine necessary for the proper operation of the City in the attainment of the City Council's policy objectives. The City Co'ancil and WOHLENBERG shall further establish a relative priority among those various goals and objectives, which will be reduced to writing. B. The City Council shall review and evaluate the performance of WOHLENBERG twice annually, in accordance with specific criteria and performance expectations as developed jointly by the City Council and WOHLENBERG. Such criteria may be added to or deleted as the City Council may from time to time determine in consultation with WOHLENBERG. SECTION 8. AUTOMOBILE: WOKLENBERG shall receive Two Hundred Fifty Dollars ($250.00) each month in exchange (1) for his making available for his own use and (2) for his use of his personal automobile for City-related business and/or functions during, before, and after normal work hours. In addition, the CITY agrees to furnish and assume the monthly operating costs for a cellular telephone for business related calls. (1) WOHLENBERG shall provide to CITY a Certificate of Insurance showing comprehensive automobile liability coverage in at least the following amounts and naming the City of South San Francisco as an additional insured: a) b) c) $50,000 property damage; $500,000 per person; and $1,000,000 per occurrence. (2) WOHLENBERG shall be personally responsible for the purchase and maintenance of the insurance policy required herein and shall annually provide to CITY the required certificate, and it shall be understood that the insurance required herein shall be primary and cannot be cancelled without giving the CITY thirty (30) days advance written notice. SECTION 9. DUES AND SUBSCRIPTIONS: Subject to the Council's discretionary annual budget approprLation, CITY agrees to pay for the professional dues and subscriptions of WOHLENBERG necessary for his continuation and full participation in national, regional, state and local associations and orqanizations necessary and desirable for his continued professSonal participation, growth and advancement, and for the good of the CITY. SECTION 10. PROFESSIONAL DEVELOPMENT: A. Subject to the Council's discretionary annual budget appropriation, CITY hereby agrees to budget for an to pay the travel subsistence expenses of WOHLENBERG for professional and official travel, and meetings necessary and desirable to continue the professional development of WOHLENBERG and to pursue adequately the necessary official and other functions for CITY, including but not limited to those of the League of California Cities, the International City-County Management Association and such other national, regional, state and local government groups and committees thereof of which WOHLENBERG serves as a member. B. CITY also agrees, subject to Council's discretionary annual budget appropriation and to pay for the travel and subsistence expenses of WOHLENBERG for short courses, institutes and seminars that are necessary for his professional development and for the good of the CITY. SECTION 11. MOVING AND RELOCATION: A. CITY agrees to pay the actual full costs of WOHLENBERG'S relocation of he and his family's furniture, furnishings and household goods from Vallejo, California to South San Francisco, California. Allowable costs are moving company fees, transportation, containers and moving insurance charges. The CITY'S obligation is limited to the lowest of two estimates obtained from qualified moving firms. B. WOHLENBERG shall be allowed up to ten (10) months for relocation to the City of South San Francisco. SECTION 12. PHYSICAL EXAM: CITY shall pay the full cost of an annual physical exam for WOHLENBERG. SECTION 13. APPOINTMENTS: Notwithstanding any other provisions of the Municipal Code, prior to appointing or extending an offer for employment to any City Department Head, WOHLENBERG shall schedule and meet with the 5 entire City Council in executive session and during such session discuss the qualifications of the candidates for the position and consider City Council input. SECTION 14. INDEMNIFICATION AND BONDING: A. CITY shall defend, hold harmless and indemnify WOHLENBERG against any 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 WOHLENBERG'S duties in accordance with the provisions of California Government Code, Section 825. Illegal acts of WOHLENBERG shall be the basLs for CITY exemption of this indemnification. CITY may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered therefrom. B. CITY shall bear the full cost of any fidelity or other bonds required of WOHLENBERG under any law or ordinance. SECTION 15. NOTICES: Notices pursuant to this Agreement shall be given by deposit in the United States Postal Service, postage prepaid, addressed as follows: (1) CITY: Mayor City of South San Francisco P.O. Box 711 - 400 Grand Avenue South San Francisco, California 94083 (2) WOHLENBERG: Edward G. Wohlenberg City Manager P.O. Box 711 - 400 Grand Avenue South San Francisco, California 94083 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service. SECTION 16. ATTORNEY'S FEES: In the event it becomes necessary for either CITY or WOHLENBERG to bring a lawsuit to enforce any of the provisions of this Agreement, the parties agree that a court of competent jurisdiction may determine and fix a reasonable attorney's fee to be paid ~he prevailing party. 6 SECTION 17. GENERAL PROVISIONS: A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of WOHLENBERG. C. This Agreement September 1, 1993. shall become effective commencing D. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect except that either party may terminate this Agreement after providing six (6) months notice if the provision found to be illegal or unenforceable is deemed to be a material aspect of the Agreement. Termination of the Agreement under this subdivision shall not give rise to the severance provision of this Agreement. IN WITNESS WHEREOF, the city of South San Francisco and the City's Redevelopment Agency have caused this Agreement to be signed and executed in its behalf by its Mayor and Chairperson and duly attested by its City Clerk, and WOHLENBERG has signed and executed this Agreement. ~UTH SAN FRANCISCO AGENCY OF THE CITY OF SOUTH By: EDWARD G. W~HLENBE~ ATTEST: city Clerk APPROVED AS TO FORM: MICHAEL J. O'TOOLE city Attorney 7