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HomeMy Public PortalAbout7GAGENDA ITEM 7.G. MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: December 21, 2010 TO: The Honorable City Council FROM: Jose E. Pulido, City Manage SUBJECT: APPROVAL OF EMPLOYMENT AGREEMENTS WITH THE COMMUNITY DEVELOPMENT DIRECTOR AND THE ECONOMIC DEVELOPMENT MANAGER / ASSISTANT TO THE CITY MANAGER RECOMMENDATION: The City Council is requested to review and approve the two at -will employment agreements for the Community Development Director's position and the Economic Development Manager / Assistant to the City Manager position. BACKGROUND: On June 29, 2010, the City Council, as part of the Fiscal Year (FY) 2010-11 City Budget process, approved a City department reorganization. This City department reorganization included the addition of three new positions to the City's Table of Organization (i.e., Community Development Director, Economic Development Manager / Assistant to the City Manager, and Code Enforcement Supervisor), as well as the deletion of three positions (i.e., Public Safety Manager, Assistant to the City Manager, and the Public Services Secretary). 2. Between August and early October 2010, the City advertised these three positions in various local and statewide professional publications and on the City website. In addition, the Community Development Director's position and Economic Development Manager / Assistant to the City Manager position were also advertised in the California Community Redevelopment Association (CRA) publication and website, as well as the California Association for Local Economic Development (CALED) online newsletter. 3. The recruitment for all three positions closed on Friday, October 8, 2010. A total of 18 applications were received for Community Development Director; 41 applications City Council 12/21/10 Page 2 for Economic Manager / Assistant to the City Manager; and 23 applications for Code Enforcement Supervisor. 4. After reviewing the applications, a list of potential candidates was developed by the Personnel Analyst, and during the week of November 15, 2010, the first round of interviews were conducted by an outside City panel for each of these positions. 5. During the week of November 22, 2010, the City Manager conducted the second round of interviews with all 10 candidates for these three recruitments. Of the 10 candidates interviewed, four were for the Community Development Director, two for the Economic Development Manager 1 Assistant to the City Manager, and four for the Code Enforcement Supervisor. 6. In the first week of December 2010, the City Manager made job offers to the three successful candidates and began the pre -employment medical and background check process. Based on the City Attorney's advice, two of the three successful candidates will need to enter into at -will employment agreements (i.e., Community Development Director and Economic Development Manager / Assistant to the City Manager positions). ANALYSIS: Consistent with the City Council's directive during the June 29, 2010 City Budget adoption session, the City has successfully recruited three very qualified employees to fill the three newly created positions in the Community Development Department and the Management Services Department. Collectively, these three new staff members will greatly enhance the City's community and economic development efforts in the years to come. The next step in hiring two of the three candidates is to have the City Council consider the approval of at -will employment agreements with Steven Masura for the Community Development Director's position and with Brian Haworth for the Economic Development Manager / Assistant to the City Manager position. The third position is the Code Enforcement Supervisor position which is not an at -will position. FISCAL IMPACT: Funding for these two at --will positions was allocated as part of the FY 2010-11 City Budget adoption process on June 29, 2010, which was originally based on hire dates in mid to late November. Hence, the City has accumulated additional savings in the City budget. City Council 12/21/10 Page 2 CONCLUSION: In an effort to fill the three new positions created during the City's FY 2010-11 Budget adoption process, the City advertised the three positions in local and statewide venues and subsequently conducted an extensive first and second round of interviews during November 2010. In order to hire two of the three successful candidates, staff is requesting that the City Council approve at -will employment agreements with Steven Masura and Brian Haworth. If approved by the City Council on December 21, 2010, the at -will employment agreements would become effective January 3, 2011. ATTACHMENT(S) A. Employment Agreement with Steven Masura B. Employment Agreement with Brian Haworth C. Job Specification Community Development Director D. Job Specification Economic Development Manager / Assistant to the City Manager ATTACHMENT "A" EMPLOYMENT AGREEMENT For the Position Of COMMUNITY DEVELOPMENT DIRECTOR This Employment Agreement ("Agreement") is made and entered into this 21st day of December, 2010, by and between the CITY OF TEMPLE CITY ( "CITY"), a California charter city, and STEVEN M MASURA ("MASURA"), an individual, on the following terms and conditions: RECITALS A. CITY desires to employ the services of MASURA as Community Development Director of CITY ("Community Development Director"), as provided for by the Temple City Municipal Code, in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement. B. MASURA desires to accept employment as Community Development Director in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement. OPERATIVE PROVISIONS In consideration of the promises and covenants contained herein, the parties agree as follows: 1. Position and Duties. 1.1 Position. MASURA accepts employment with CITY as its Community Development Director and shall perform all functions, duties and services set forth in Section 1.4 [Duties] of this Agreement. 1.2 Period of Employment / Commencement Date. This Agreement commences and is effective, provided it has been signed by MASURA and the City Manager, .January 3, 2011 ("Commencement Date") and MASURA shall commence the performance of his duties as the Community Development Director as of that date. 1.3 At -Will. MASURA acknowledges that he is an at -will employee of CITY who shall serve at the pleasure of the City Manager at all times during the period of his service hereunder and that his employment may be terminated at any time for any or no reason with our without cause as provided in Section 5 [Termination] of this Agreement and/or by operation of State or Federal Law. To the extent they conflict with this at -will status, the teiriis of CITY's personnel rules, policies, regulations, procedures, ordinances, and resolutions, including without limitation the 2008 City Personnel Rules and Regulations, Resolution 09-4615, Resolution 10- 4685 and City Administrative Policies (collectively "Personnel Policies"), as they may be amended or supplemented from time to time, shall not apply to MASURA, and nothing in this Agreement is intended to, or does, confer upon MASURA any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the 1 RtV #4819-3111-7832 vl City Manager to terminate his employment, except as is expressly provided in Section 5 [Termination] of this Agreement and/or by operation of State or Federal Law. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of MASURA as provided in Section 5 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of MASURA to resign at any time from this position with CITY, subject only to the provisions set forth in Section 5 [Termination] of this Agreement. 1.4 Duties. MASURA shall have the powers, duties and responsibilities set forth in this Section 1.4. MASURA shall exercise such powers and perform such duties and responsibilities at the direction and under the supervision of the City Manager. 1.4.1 MASURA shall serve as the Community Development Director and perform the duties set forth in the Job Description attached hereto and incorporated herein by reference as Attachment "A". In addition to the foregoing, as the Community Development Director MASURA shall: (a) keep the City Manager fully apprized of all significant ongoing operations of the Community Development Department; (b) report directly to the City Manager; (c) periodically, or as may be otherwise specifically requested by the City Manager or City Council, provide status reports to the City Council on his activities and those of the Community Development Department; (d) function as the community development liaison with the City Council and the Temple City community; and (e) serve as the Assistant Executive Director of the Temple City Redevelopment Agency, Temple City Housing Authority, and the Financing Authority. 1.4.2 Without additional compensation, MASURA shall provide such other services as are customary and appropriate to the position of Community Development Director, together with such additional services consistent with California law and the Temple City Charter and Municipal Code that are assigned from time to time by the City Manager. MASURA shall devote his best efforts and full-time attention to the performance of these duties. 1.5 Hours of Work. MASURA shall devote the time necessary to adequately perform his duties as Community Development Director as provided herein. In addition, MASURA may be placed on a alternate work schedule by the City Manager (i.e., 4/10 or 9/80). MASURA shall be required to have an onsite presence at City Hall during each day of his work schedule assigned by the City Manager to provide adequate availability to the City Manager, CITY staff, and members of the community during normal business hours for City Hall and for the performance of his duties and of CITY business. The position of Community Development Director shall be deemed an exempt position under state and federal wage and hour laws. MASURA's compensation (whether salary or benefits or other allowances) is not based on hours worked and MASURA shall not be entitled to any compensation for overtime. 1.6 Regional and Professional Activity. CITY desires MASURA to be reasonably active in national, statewide, regional and professional organizations that will contribute to Community Development Director's professional development and standing and that will contribute to the advancement of CITY's interests and standing. Toward that end, MASURA may, upon advance approval from the City Manager and adequate budgeted funds therefor, 2 R1 V #4819-3111-7832 v l undertake such activities as are directly related to his professional development and that advance the interests and standing of CITY. These activities may include, without limitation, participation in the California Contract Cities Association, California League of Cities, or other similar national, statewide, regional or professional organizations, provided that such activities do not in any way interfere with or adversely affect his employment as Community Development Director or the performance of his duties as provided herein. CITY agrees to reimburse, as provided in Section 1.8 [Reimbursement] of this Agreement, MASURA's reasonable and necessary travel, business and subsistence expenses for the activities described herein. 13 Other Activity. In accordance with Government Code Section 1126, during the period of his employment, MASURA shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.6 [Regional and Professional Activity]), whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict -of -interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of MASURA' s duties as Community Development Director. 1.8 Reimbursement. CITY shall reimburse MASURA for reasonable and necessary travel, subsistence and other business expenses incurred by MASURA in the performance of his duties. All reimbursements shall be subject to and in accordance with California law and CITY's adopted Employee Reimbursement Policy. 2. Compensation. 2.1 Base Salary. MASURA shall receive an annual base salary of One Hundred Twenty Six Thousand and Seventy Two Dollars and No Cents ($126,072.00) paid according to the payroll schedule in place for CITY employees paid bi-weekly. Any and all adjustments to MASURA's base salary compensation will be obtained through negotiation with the City Council and are not governed by CITY's Personnel Policies. 2.2 Evaluation. Annually, and at a time agreed upon by the City Manager and MASURA (but which time shall be no later than the final quarter of each calendar year), the City Manager will review and evaluate the performance of MASURA as Community Development Director. The purpose of the review shall be to provide MASURA with feedback on his performance, desired areas of improvement, and progress in meeting, achieving, or exceeding City Council and City Manager defined goals, objectives, priorities, activities, and programs (collectively the Community Development Director Work Program). During MASURA's first year of employment, by January 31, 2011 or as soon thereafter as may be scheduled , MASURA shall meet with the City Manager to establish Goals for the following year. CITY must provide MASURA with written documentation of such goals. Failure by City Manager to provide a timely or any performance evaluation shall not limit City Manager's ability to terminate this Agreement pursuant to Section 5 [Termination]. 3 RIV #4819-3111-7832 vl 2.3 Deferred Compensation. During the period of employment, MASURA shall be entitled to participate in CITY's deferred compensation programs at MASURA's own expense, provided CITY continues to maintain these plans for CITY employees. 2.4 Benefits. 2.4.1 Health Insurance. CITY agrees to make available to MASURA the same health, dental and vision insurance coverage on the same terms as CITY makes available to CITY employees. As regards health insurance during MASURA's employment, the CITY shall pay one hundred percent (100%) of the premium for the Ca1PERS HMO or PPO plan (or equivalent plan provided by City) for MASURA and his dependents at 50%. The terms and conditions of MASURA's eligibility for any post -retirement health insurance coverage shall be subject to the same terms and conditions as other CITY employees. 2.4.2 Life Insurance. CITY agrees that during the period of employment it will provide MASURA with, and pay the annual premiums for, a term life insurance policy in an amount equal to Fifty Thousand Dollars and No Cents ($50,000.00). 2.4.3 Disability Insurance. CITY agrees that during the period of employment it will pay one hundred percent (100%) of the premium payments applicable to, and to otherwise permit MASURA to participate in, CITY's short-teim and long -terra disability insurance programs, which currently require an eight (8) day waiting period following illness/injury before qualifying for short-term disability which lasts for up to six (6) months, with coverage thereafter converting to long-term disability. 2.5 Vehicle Operation. CITY agrees to pay to MASURA a monthly auto allowance of One Hundred Fifty Dollars and No Cents ($150.00) for use of his personal auto. MASURA agrees that he will keep, at his own expense, his own vehicle in reasonable repair, shall obey all traffic laws relating to operation of the vehicle and shall use due care and caution in its operation. MASURA shall provide evidence of a liability insurance policy in an amount of not less than one hundred thousand dollars ($100,000.00) naming CITY as an additional insured. Nothing in this section shall prohibit MASURA from use of a CITY vehicle for City business as allowed under CITY policies and as determined appropriate by the City Manager. 2.6 Jury Duty. The Community Development Director will receive full pay and benefits while responding to a jury summons or serving on a jury, up to a maximum of fourteen (14) business days. Any compensation for such jury duty (except travel pay) shall be remitted to CITY. 2.7 Business Related Equipment. CITY shall provide MASURA with a cell phone, or such personal data device as is currently in use within CITY (e.g. BlackBerry, PDA "i-Phone" or similar CITY approved device) or be provided with an allowance as approved by the City Manager. 4 R1V #4819-3111-7832 vl 3. Vacation and Other Leave. 3.1 Vacation Leave. MASURA shall be eligible to accrue vacation leave at a total of 120 hours per year of employment. The payroll period rate of vacation leave shall accrue at a rate of 4.62 hours per payroll period. The maximum amount of vacation leave that MASURA may have at any time shall equal 240 hours. If MASURA's earned but unused vacation leave reaches 240 hours, MASURA will stop accruing vacation leave unless and until the accrued vacation leave falls below 240 hours or the City Manager authorizes MASURA to exceed these limits due to extenuating circumstances. Vacation leave will not be earned during the period in which MASURA's benefits are at such maximum amount. MASURA shall be paid the value of any earned and unused vacation leave at the time of separation of employment for any reason. 3.2 Holidays. Paid holidays shall be in accordance with CITY's current practices and are subject to change. Paid holidays will be those deemed authorized by CITY. The CITY currently provides twelve (12) days paid holidays, including two (2) days floating paid holidays. 3.3 Administrative Leave. In addition to the paid leave described in 3.1 above, MASURA shall be entitled to forty (40) hours of administrative leave on July 1 of each fiscal year in consideration of being required to attend City Council and Planning Commission meetings. Provided, however, that the maximum amount of administrative leave that MASURA may have at any time shall equal forty (40) hours. Given MASURA's hiring at the middle of the fiscal year, upon the Commencement Date, MASURA shall be granted twenty (20) hours of administrative leave (the prorated portion of a full forty (40) hours in a fiscal year). If MASURA's earned but unused administrative leave reaches forty (40) hours, MASURA will stop accruing administrative leave unless and until the accrued administrative leave falls below forty (40) hours. No compensation shall be provided for granted and unused administrative leave and such granted and unused administrative leave shall not be paid out to MASURA at the time of separation from employment. Unused administrative leave shall not be converted into vacation leave or sick leave. 3.4 Sick Leave. In addition to the paid leave described in 3.1 above, MASURA shall accrue sick leave at a rate of eight (8) hours per month for a maximum accrual of 96 hours. Such annual grant of sick leave must be used by June 30 of the fiscal year in which it is granted. Granted and unused sick leave shall not be carried over into the following year. No compensation shall be provided for granted and unused sick leave and such granted and unused sick leave shall not be paid out to MASURA at the time of separation from employment. Unused sick leave shall not be converted into vacation leave or administrative leave. 4. Retirement. MASURA shall be enrolled in the State of California's Public Employees Retirement System ("CaIPERS") in accordance with CITY's 2.5% at 55 plan. CITY shall pay both the full employer and employee contribution (the employee's contribution paid by CITY is currently seven percent (7%)). MASURA shall be entitled to participate in the 1959 Survivor Benefit Plan. The City reports the value of the Employer Paid Member's Contribution (EPMC) to Ca1PERS. 5 R1V -'4819-3111-7832 vi 5. Termination. 5.1 By City Not for Cause. CITY may terminate MASURA for any reason, and at any time, with or without cause, by providing MASURA thirty (30) days prior written notice thereof together with the applicable "severance payment" provided for below. In lieu of providing thirty (30) days prior written notice of termination, City Manager may place MASURA on paid leave status during the thirty (30) day notice period or any portion thereof. City Manager may dismiss MASURA notwithstanding anything to the contrary contained in or arising from any Personnel Policies or past CITY practices relating to the employment, discipline, or termination of its employees. In the first year of MASURA's employment the calculation of the "severance payment" shall equal one (1) months base salary, less applicable deductions, plus applicable accrued vacation and administrative leave as provided herein together with any extension of benefits required under California law. Thereafter, on the anniversary of the Commencement Date, the calculation of the "severance payment" shall increase by the equivalent of one (1) month of base salary for each subsequent year of employment up to a maximum of the equivalent of three (3) months of base salary. The maximum cash settlement MASURA may receive for termination of this Agreement shall not exceed the equivalent of three (3) months of base salary. This provision is intended to comply with Government Code Sections 53260 and 53261. 5.2 By Employee. MASURA may terminate his employment for any reason, and at any time, with or without cause, by providing City Manager with thirty (30) days advance written notice. City Manager shall have the option, in its complete discretion, to make MASURA's termination effective at any time prior to the end of such period, provided CITY pays MASURA all compensation due and owing him through the last day actually worked, plus an amount equal to the base salary MASURA would have earned through the balance of the thirty (30) day notice period. 5.3 13y City for Cause. City Manager may immediately terminate this Agreement at any time by providing MASURA written notice of his termination for cause. No severance shall be paid in the event MASURA's employment is terminated for cause, except that CITY shall pay MASURA for his accrued and unused vacation and administrative leave, as provided for in this Agreement. For purposes of this Agreement, cause for termination shall include, but not be limited to, the following: theft or attempted theft; material dishonesty; willful or persistent material breach of duties; engaging in unlawful discrimination or harassment of employees or any third party while on CITY premises or time; conviction of a felony; engaging in conduct tending to bring embarrassment or disrepute to CITY and unauthorized absences. MASURA expressly waives any rights provided for Administrative Personnel under CITY's Personnel Policies, any rights provided for the Community Development Director or Administrative Personnel under the Temple City Municipal Code or under State or Federal law to any form of pre or post -termination hearing, appeal, or other administrative process pertaining to termination, except when MASURA has a California or federal constitutional right to a name clearing hearing. 5,4 Termination Obligations. MASURA agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, 6 RIV 114819-3111-7832 vl records, notes, contracts, and computer -generated materials furnished to or prepared by him incident to his employment belongs to CITY and shall be returned promptly to CITY upon termination of MASURA's employment. MASURA's obligations under this subsection shall survive the termination of his employment and the expiration of this Agreement. 5.5 Benefits Upon Termination. All benefits to which MASURA is entitled under this Agreement shall cease upon MASURA's termination in accordance with this Section 5, unless expressly continued either under this Agreement, under any specific written policy or benefit plan applicable to MASURA, or unless otherwise required by law. 6. Proprietary Information. "Proprietary Information" is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his or her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of CITY's organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." During his employment by CITY, MASURA shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, MASURA shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. MASURA's obligations under this Section shall survive the termination of his employment and the expiration of this Agreement. 7. Conflict Of Interest. MASURA represents and warrants to CITY that, to the best of his knowledge, he presently has no interest, and represents that he will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this Agreement. 8. General Provisions. 8.1 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and or at the last known address maintained in MASURA's personnel file. MASURA agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section. 7 RIV 114819-3111-7832 vl City's Notice Address: City of Temple City 9701 Las Tunas Drive Temple City, CA 917803 Attn: City Manager Community Development Director's Address: [Deliver to last updated address in personnel file] 8.2 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Government Code Section 810 et seq.] CITY will indemnify, defend, and hold MASURA harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, (including attorney fees), arising out of any act or omission occurring during MASURA's tenure as Community Development Director. 8.3 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of MASURA' s employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of MASURA, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to MASURA and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. 8.4 Amendments. This Agreement may not be amended except upon the mutual agreement of MASURA and the City Manager memorialized in a written document signed by both parties. 8.5 Waiver. Either party's failure to exercise any right under this Agreement shall not constitute a waiver of such right. 8.6 Assignment. Neither party shall assign any rights or obligations under this Agreement. 8.7 Severability. If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 8.8 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. 8 I IV #4819-31 11-7832 v l 8.9 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Los Angeles County, State of California. 8.10 Interpretation, This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel. 8.11 Acknowledgment. MASURA acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement. IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and MASURA has signed and executed this Agreement, as of the date first indicated above. COMMUNITY DEVELOPMENT DIRECTOR CITY OF TEMPLE CITY Steven Masura, Jose Pulido, City Manager Community Development Director ATTEST APPROVED AS TO FORM Mary Flandrick, City Clerk Eric S. Vail, City Attorney 9 R1V 44819-3311-7832 vi ATTACHMENT "A" JOB DESCRIPTION R1V '4819-3111-7832 v1 10 ATTACHMENT "B„ EMPLOYMENT AGREEMENT For the Position Of ECONOMIC DEVELOPMENT MANAGER / ASSISTANT TO THE CITY MANAGER This Employment Agreement ("Agreement") is made and entered into this 21st day of December, 2010, by and between the CITY OF TEMPLE CITY ( "CITY"), a California charter city, and BRIAN HAWORTH ("HAWORTH"), an individual, on the following terms and conditions: RECITALS A. CITY desires to employ the services of HAWORTH as Economic Development Manager / Assistant to the City Manager of CITY (collectively, the "Economic Development Manager"), as provided for by the Temple City Municipal Code, in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement. B. HAWORTH desires to accept employment as Economic Development Manager in consideration of and subject to the terms, conditions, and benefits set forth in this Agreement. OPERATIVE PROVISIONS In consideration of the promises and covenants contained herein, the parties agree as follows: Position and Duties. 1.1 Position. HAWORTH accepts employment with CITY as its Economic Development Manager and shall perform all functions, duties and services set forth in Section 1,4 [Duties] of this Agreement. 1.2 Period of Employment / Commencement Date. This Agreement commences and is effective, provided it has been signed by HAWORTH and the City Manager, January 3, 2011 ("Commencement Date") and HAWORTH shall commence the performance of his duties as the Economic Development Manager as of that date. 1.3 At -Will. HAWORTH acknowledges that he is an at -will employee of CITY who shall serve at the pleasure of the City Manager at all times during the period of his service hereunder and that his employment may be terminated at any time by either party for any or no reason with or without cause as provided in Section 5 [Termination]. To the extent they conflict with this at -will status, the terms of CITY's personnel rules, policies, regulations, procedures, ordinances, and resolutions, including without limitation the 2008 City Personnel Rules and Regulations, Resolution 09-4615, Resolution 10-4685 and City Administrative Policies (collectively "Personnel Policies"), as they may be amended or supplemented from time to time, shall not apply to HAWORTH, and nothing in this Agreement is intended to, or does, confer upon HAWORTH any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Manager to terminate his employment, except as is expressly RI V #4833-0953-5520 vi 1 provided in Section 5 [Termination] of this Agreement and/or by operation of State or Federal Law. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of HAWORTH as provided in Section 5 [Termination]. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of HAWORTH to resign at any time from this position with CITY. 1.4 Duties. HAWORTH shall have the powers, duties and responsibilities set forth in this Section 1.4. HAWORTH shall exercise such powers and perform such duties and responsibilities at the direction and under the supervision of the City Manager, 1.4.1 HAWORTH shall serve as the Economic Development Manager and perform the duties set forth in the Job Description attached hereto and incorporated herein by reference as Attachment "A". In addition to the foregoing, as the Economic Development Manager HAWORTH shall: (a) keep the City Manager fully apprised of all significant ongoing operations of the City's Economic Development programs and the Community Redevelopment Agency (CRA) activities; (b) report directly to the City Manager; (c) periodically, or as may be otherwise specifically requested by the City Manager or City Council, provide status reports to the City Council on his activities and those of the CITY'S Economic Development programs and CRA; and (d) function as the economic development and redevelopment liaison with the City Council and the Temple City community. 1.4,2 Without additional compensation, HAWORTH shall provide such other services as are customary and appropriate to the position of Economic Development Manager, together with such additional services consistent with California law and the Temple City Charter and Municipal Code that are assigned from time to time by the City Manager. HAWORTH shall devote his best efforts and full-time attention to the performance of these duties. 1.5 Hours of Work. HAWORTH shall devote the time necessary to adequately perform his duties as Economic Development Manager as provided herein. In addition, HAWORTH may be placed on a alternate work schedule by the City Manager (i.e., 4/10 or 9/80). HAWORTH shall be required to have an onsite presence at City Hall during each day of his work schedule assigned by the City Manager to provide adequate availability to the City Manager, CITY staff, and members of the community during normal business hours for City Hall and for the performance of his duties and of CITY business. The position of Economic Development Manager shall be deemed an exempt position under state and federal wage and hour laws. HAWORTH's compensation (whether salary or benefits or other allowances) is not based on hours worked and HAWORTH shall not be entitled to any compensation for overtime. 1.6 Regional and Professional Activity. CITY desires HAWORTH to be reasonably active in national, statewide, regional and professional organizations that will contribute to Economic Development Manager's professional development and standing RIV ti4833-0953-6520 vl 2 and that will contribute to the advancement of CITY's interests and standing. Toward that end, HAWORTH may, upon advance approval from the City Manager and adequate budgeted funds therefor, undertake such activities as are directly related to his professional development and that advance the interests and standing of CITY. These activities may include, without limitation, participation in the California Contract Cities Association, California League of Cities, or other similar national, statewide, regional or professional organizations, provided that such activities do not in any way interfere with or adversely affect his employment as Economic Development Manager or the performance of his duties as provided herein. CITY agrees to reimburse, as provided in Section 1.8 [Reimbursement] of this Agreement, HAWORTH' s reasonable and necessary travel, business and subsistence expenses for the activities described herein. 1.7 Other Activity. In accordance with Government Code Section 1126, during the period of his employment, HAWORTH shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.6 [Regional and Professional Activity]}, whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict -of -interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of HAWORTH's duties as Economic Development Manager. 1.8 Reimbursement. CITY shall reimburse HAWORTH for reasonable and necessary travel, subsistence and other business expenses incurred by HAWORTH in the performance of his duties. All reimbursements shall be subject to and in accordance with California law and CITY's adopted Employee Reimbursement Policy. 2. Compensation. 2.1 Base Salary, HAWORTH shall receive an annual base salary of One Hundred Five Thousand Nine Hundred Sixty Dollars and No Cents ($105,960) paid according to the payroll schedule in place for CITY employees paid bi-weekly. Any and all adjustments to HAWORTH's base salary compensation will be obtained through negotiation with the City Manager and are not governed by CITY's Personnel Policies. 2.2 Evaluation. Annually, and at a time agreed upon by the City Manager and HAWORTH (but which time shall be no later than the final quarter of each calendar year), the City Manager will review and evaluate the performance of HAWORTH as Economic Development Manager. The purpose of the review shall be to provide HAWORTH with feedback on his performance, desired areas of improvement, and progress in meeting, achieving, or exceeding City Council and City Manager defined goals, objectives, priorities, activities, and programs (collectively, the Economic Development Manager Work Program). During HAWORTH's first year of employment, by January 31, 2011 or as soon thereafter as may be scheduled, HAWORTH shall meet with the City Manager to establish goals for the following year. CITY must provide HAWORTH with written documentation of such goals. Failure by City Manager to R1V #4833-0953-6520 v1 3 provide a timely or any performance evaluation shall not limit City Manager's ability to terminate this Agreement pursuant to Section 5 [Termination]. 2.3 Deferred Compensation. During the period of employment, HAWORTH shall be entitled to participate in CITY's deferred compensation programs at HAWORTH's own expense, provided CITY continues to maintain these plans for CITY employees. 2.4 Benefits. 2.4.1 Health Insurance. CITY agrees to make available to HAWORTH the same health, dental and vision insurance coverage on the same terms as CITY makes available to CITY employees. As regards health insurance during HAWORTH's employment, the CITY shall pay one hundred percent (100%) of the premium for the Ca1PERS HMO or PPO plan (or equivalent plan provided by City) for HAWORTH and his dependents at 50%. The terms and conditions of HAWORTH's eligibility for any post -retirement health insurance coverage shall be subject to the same terms and conditions as other CITY employees 2.4.2 Life Insurance. CITY agrees that during the period of employment it will provide HAWORTH with, and pay the annual premiums for, a term life insurance policy in an amount equal to Fifty Thousand Dollars and No Cents ($50,000.00). 2.4.3 Disability Insurance. CITY agrees that during the period of employment it will pay one hundred percent (100%) of the premium payments applicable to, and to otherwise permit HAWORTH to participate in, CITY's short-term and long-term disability insurance programs, which currently requires an eight (S) day waiting period following illness/injury before qualifying for short-term disability which lasts for up to six (6) months, with coverage thereafter converting to long-term disability, 2.5 Vehicle Operation. CITY agrees to pay to HAWORTH a monthly auto allowance of One Hundred Fifty Dollars and No Cents ($150.00) for use of his personal auto. HAWORTH agrees that he will keep, at his own expense, his own vehicle in reasonable repair, shall obey all traffic laws relating to operation of the vehicle and shall use due care and caution in its operation. HAWORTH shall provide evidence of a liability insurance policy in an amount of not less than one hundred thousand dollars ($100,000.00) naming CITY as an additional insured. Nothing in this section shall prohibit HAWORTH from use of a CITY vehicle for City business as allowed under CITY policies and as determined appropriate by the City Manager. 2.6 Jury Duty. The Economic Development Manager will receive full pay and benefits while responding to a jury summons or serving on a jury, up to a maximum of fourteen (14) business days during any twelve (12) month period. Any compensation for such jury duty (except travel pay) shall be remitted to CITY. R1V 44833-0953-6520 v 1 4 2.7 Business Related Equipment. CITY shall provide HAWORTH with a cell phone, or such personal data device as is currently in use within CITY (e.g. BlackBerry. PDA "i-Phone" or similar CITY approved device) or be provided with an allowance as approved by the City Manager. 3. Vacation and Other Leave. 3.1 Vacation Leave. HAWORTH shall be eligible to accrue vacation leave at a total of 120 hours per year of employment. The payroll period rate of vacation leave shall accrue at a rate of 4.62 hours per payroll period. The maximum amount of vacation leave that HAWORTH may have at any time shall equal 240 hours. If HAWORTH's earned but unused vacation leave reaches 240 hours, HAWORTH will stop accruing vacation leave unless and until the accrued vacation leave falls below 240 hours or the City Manager authorizes HAWORTH to exceed these limits due to extenuating circumstances. Vacation leave will not be earned during the period in which HAWORTH's benefits are at such maximum amount. HAWORTH shall be paid the value of any earned and unused vacation leave at the time of separation of employment for any reason. 3.2 Holidays. Paid holidays shall be in accordance with CITY's current practices and are subject to change. Paid holidays will be those deemed authorized by CITY. The CITY currently provides twelve (12) days paid holidays, including two (2) days floating paid holidays. 3.3 Administrative Leave. In addition to the paid leave described in Section 3.1 above, HAWORTH shall be entitled to forty (40) hours of administrative leave on July 1 of each fiscal year in consideration of being required to attend City Council meetings. Provided, however, that the maximum amount of administrative leave that HAWORTH may have at any time shall equal forty (40) hours. Given HAWORTH's hiring at the middle of the fiscal year, upon the Commencement Date, HAWORTH shall be granted twenty (20) hours of administrative leave (the prorated portion of a full forty (40) hours in a fiscal year). If HAWORTH's earned but unused administrative leave reaches forty (40) hours, HAWORTH will stop accruing administrative leave unless and until the accrued administrative leave falls below forty (40) hours. No compensation shall be provided for granted and unused administrative leave and such granted and unused administrative leave shall not be paid out to HAWORTH at the time of separation from employment. Unused administrative leave shall not be converted into vacation leave or sick leave. 3.4 Sick Leave. In addition to the paid leave described in 3.1 above, HAWORTH shall accrue sick leave at a rate of eight (8) hours per month for a maximum accrual of 96 hours. Such annual grant of sick leave must be used by June 30 of the fiscal year in which it is granted. Granted and unused sick leave shall not be carried over into the following year. No compensation shall be provided for granted and unused sick leave and such granted and unused sick leave shall not be paid out to HAWORTH at the time of separation from employment. Unused sick leave shall not be converted into vacation leave or administrative leave. RIV #4833-0953-6520 vI 4. Retirement. HAWORTH shall be enrolled in the State of California's Public Employees Retirement System ("CalPERS") in accordance with CITY'S 2.5% at 55 plan. CITY shall pay both the full employer and employee contribution (the employee's contribution paid by CITY is currently seven percent (7%)). HAWORTH shall be entitled to participate in the 1959 Survivor Benefit Plan. The City reports the value of the Employer Paid Member's Contribution (EPMC) to CalPERS. 5. Termination. 5.1 By City Not for Cause. CITY may terminate HAWORTH for any reason, and at any time, with or without cause, by providing HAWORTH thirty (30) days prior written notice thereof together with the applicable "severance payment" provided for below. In lieu of providing thirty (30) days prior written notice of termination, City Manager may place HAWORTH on paid leave status during the thirty (30) day notice period or any portion thereof. City Manager may dismiss HAWORTH notwithstanding anything to the contrary contained in or arising from any Personnel Policies or past CITY practices relating to the employment, discipline, or termination of its employees. In the first year of HAWORTH's employment the calculation of the "severance payment" shall equal one (I) months base salary, less applicable deductions, plus applicable accrued vacation and administrative leave as provided herein together with any extension of benefits required under California law. Thereafter, on the anniversary of the Commencement Date, the calculation of the "severance payment" shall increase by the equivalent of one (1) month of base salary for each subsequent year of employment up to a maximum of the equivalent of three (3) months of base salary. The maximum cash settlement HAWORTH may receive for termination of this Agreement shall not exceed the equivalent of three (3) months of base salary. This provision is intended to comply with Government Code Sections 53260 and 53261. 5.2 By Employee. HAWORTH may terminate his employment for any reason, and at any time, with or without cause, by providing City Manager with thirty (30) days advance written notice. City Manager shall have the option, in its complete discretion, to make HAWORTH's termination effective at any time prior to the end of such period, provided CITY pays HAWORTH all compensation due and owing him through the last day actually worked, plus an amount equal to the base salary HAWORTH would have earned through the balance of the thirty (30) day notice period. 5.3 By City for Cause. City Manager may immediately terminate this Agreement at any time by providing HAWORTH written notice of his termination for cause . No severance shall be paid in the event HAWORTH's employment is terminated for cause, except that CITY shall pay HAWORTH for his accrued and unused vacation and administrative leave, as provided for in this Agreement. For purposes of this Agreement, cause for termination shall include, but not be limited to, the following: theft or attempted theft; material dishonesty; willful or persistent material breach of duties; engaging in RIV #4533-0953-6520 vi 6 unlawful discrimination or harassment of employees or any third party while on CITY premises or time; conviction of a felony; engaging in conduct tending to bring embarrassment or disrepute to CITY and unauthorized absences. HAWORTH expressly waives any rights provided for Administrative Personnel under CITY'S Personnel Policies, any rights provided for the Economic Development Manager or Administrative Personnel under the Temple City Municipal Code or under State or Federal law to any form of pre or post -termination hearing, appeal, or other administrative process pertaining to termination, except when HAWORTH has a California or federal constitutional right to a name clearing hearing. 5.4 Termination Obligations. HAWORTH agrees that all property, including, without limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, notes, contracts, and computer -generated materials furnished to or prepared by him incident to his employment belongs to CITY and shall be returned promptly to CITY upon termination of HAWORTH's employment. HAWORTH's obligations under this subsection shall survive the terminationof his employment and the expiration of this Agreement. 5.5 Benefits Upon Termination. All benefits to which HAWORTH is entitled under this Agreement shall cease upon HAWORTH's termination in accordance with this Section 5, unless expressly continued either under this Agreement, under any specific written policy or benefit plan applicable to HAWORTH, or unless otherwise required by law. 6. Proprietary Information. "Proprietary Information" is all information and any idea pertaining in any manner to the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of CITY in the course of his or her employment or otherwise produced or acquired by or on behalf of CITY. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of CITY's organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." During his employment by CITY, HAWORTH shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of CITY and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, HAWORTH shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of CITY. HAWORTH's obligations under this Section shall survive the termination of his employment and the expiration of this Agreement. 7. Conflict Of Interest. HAWORTH represents and warrants to CITY that, to the best of his knowledge, he presently has no interest, and represents that he will not acquire any interest, direct or indirect, R1V #4833-0953-6520 v] 7 financial or otherwise, which would conflict in any manner or interfere in any way with performance of his services under this Agreement. 8. General Provisions. 8.1 Notices. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to CITY at the address below, and or at the last known address maintained in HAWORTH's personnel file. HAWORTH agrees to notify CITY in writing of any change in his address during his employment with CITY. Notice of change of address shall be effective only when accomplished in accordance with this Section. City's Notice Address: City of Temple City 9701 Las Tunas Drive Temple City, CA 917803 Attn: City Manager Economic Development Manager's Address: [Deliver to last updated address in personnel file] 8.2 Indemnification. Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Government Code Section 810 et seq.] CITY will indemnify, defend, and hold HAWORTH harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages (including attorney fees), arising out of any act or omission occurring during HAWORTH's tenure as Economic Development Manager. 8.3 Integration. This Agreement is intended to be the final, complete, and exclusive statement of the terms of HAWORTH's employment by CITY. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of HAWORTH, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. To the extent that the practices, policies, or procedures of CITY, now or in the future, apply to HAWORTH and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. 8.4 Amendments. This Agreement may not be amended except upon the mutual agreement of HAWORTH and the City Manager memorialized in a written document signed by both parties. PJ V 41833-0953-6520 v 1 8 8.5 Waiver. Either party's failure to exercise any right under this Agreement shall not constitute a waiver of such right. 8.6 Assignment. Neither party shall assign any rights or obligations under this Agreement. 8.7 Severabiiity, If a court or arbitrator holds any provision of this Agreement to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect. 8.8 Attorneys' Fees. In any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. 8.9 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue proper only in Los Angeles County, State of California. 8.10 Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, cancelled superseded or changed by any oral agreement, course of conduct, waiver or estoppel. 8.11 Acknowledgment. HAWORTH acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement. IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested to by its City Clerk, and HAWORTH has signed and executed this Agreement, as of the date first indicated above. ECONOMIC DEVELOPMENT MANAGER CITY OF TEMPLE CITY Brian Haworth, Jose E. Pulido, City Manager Economic Dev. Manager/Asst. to the City Manager k1V #14833-6953-6520 v 9 ATTEST APPROVED AS TO FORM Mary Flandrick, City Clerk Eric S. Vail, City Attorney RIV 114833-0953-6520 vi 10 ATTACHMENT "A" JOB DESCRIPTION RIV #4833-0953-6520 v1 11 TEMPLE CITY CLASS SPECIFICATIONS COMMUNITY DEVELOPMENT DIRECTOR DEFINITION: ATTACHMENT "C" This is an "at will" position. Under general direction of the City Manager, the Community Development Director manages and directs the City's advance planning functions; policy development; citywide community outreach; the development, adoption, and implementation of major policy and planning documents, including the City's Land Use, Circulation, Housing and Conservation Elements, zoning ordinances, specific plans, and corridor plans; the review and issuance of building and similar permits and conducting plan review; and manages the Community Development Department. The Community Development Director is the department head designated as being responsible for serving the City's Planning Commission. The Community Development Director is the department head designated as being responsible for City compliance with the California Environmental Quality Act and other environmental land use laws. The Community Development Director also plans, coordinates, and supervises the functions and activities of the following operational units: Maintenance Division, Public Works Division, Animal Control, Code Enforcement and Law Enforcement Contract Administration. Assists with developing community safety programs and coordinates contract law enforcement liaison activities. The Community Development Director serves as a member of the City's management team; makes recommendations regarding areas of responsibility to Community Redevelopment Agency's (CRA) Executive Director and Agency Board; supervises the day-to-day activities involved in administration of the redevelopment program; monitors performance and evaluates department program effectiveness; makes presentations to officials and community representatives; may be involved in administrative projects outside normal areas of specialization; and does related work as required. EXAMPLES OF DUTIES: The Community Development Director is responsible for directing and coordinating the Community Development Department, which includes managing the updating the City's General Plan; coordinating and negotiating meetings with property owners, businesses, and residents throughout the City; managing comprehensive citywide program -level Environmental Impact Reports (EIR) for large City policy projects and programs; managing policy development, and RIV #4826-9833-0887 vl Community Development D Class Specification Page 2 adoption of a Major updates to the City's Zoning Ordinance; and is responsible for developing, reviewing, and processing proposed changes to the Zoning Ordinance and other land use policies and regulations. The Community Development Director also manages, organizes, and prepares all aspects of public outreach processes; assists or develops the work plan for the department and its staff; establishes performance standards and business objectives; prepares the annual department budget; administers the approved budget; and controls expenditures. The Community Development Director writes, directs, and coordinates preparation of staff reports for the Planning Commission and/or City Council; is expected to attend all meetings of those bodies; prepares the agenda for the Planning Commission; regularly makes presentations to the Planning Commission and City Council; interacts significantly with the public during the formulation of recommendations related to land use policies, project recommendations, and other department responsibilities; conducts strategic planning public workshops and community presentations; conducts negotiations and works on consensus building with major community stakeholders; and writes reports, letters, and other written material related to department activities, The Community Development Director: oversees and administers the City's residential, commercial and industrial redevelopment; may administer economic development programs, including housing and commercial rehabilitation, business retention and attraction, and related programs; establishes, modifies, and evaluates program standards, policies, and procedures; selects, plans, directs and evaluates the work of professional, technical, and clerical employees assigned to the department; supervises and organizes the work activities of assigned personnel; participates in the selection of and directs consultants engaged to perform a variety of special studies related to planning or redevelopment activities; manages and oversees large and multiple consultant teams; provides information on redevelopment project areas and projects to interested developers, businesses, and the general public; evaluates multiple factors involving economics, community needs, and land use in developing recommendations for the types of development appropriate for a redevelopment project area; and prepares special financial reports and analyses, including reports required by State and other governmental agencies. The Community Development Director supervises assigned staff and division managers or supervisors, and conducts staff training and development. in addition, the Community Development Director, directly or indirectly, coordinates contract building and landscape maintenance services; supervises the Animal Control Program; coordinates animal control contract services; coordinates and supervises the operational activities of the City's Code Enforcement program; RrV #482&-9833-0887 v3 Community Development Director Class Specification Page 3 coordinates the City's Emergency Services Program, including disaster planning and hazard mitigation; recruits and trains Emergency Reserve volunteers and coor- dinates public education programs; prepares federal and state emergency services program status reports; supervises public works programs; coordinates public works contract and traffic engineering contract services; coordinates contract law enforcement liaison activities and Community Safety Programs, including School Crossing Guards, Bicycle Safety, Neighborhood Watch, and Student and the Law programs; manages the City's public right-of-way capital improvement projects, including scheduling, coordination, and supervision of contract engineers and public works contractors; and oversees the efficient and timely completion of capital improvement projects within budgetary limits set by the City Council. The Community Development Director is required to attend City Council meetings and other city meetings or functions as determined appropriate by the City Manager. DESIRABLE QUALIFICATIONS Knowledge of: principles, practices, and procedures of contemporary city planning, zoning, urban design, redevelopment process, California land use and environmental law, research techniques, economics, municipal finance, and sociology as applied to city planning; public administration; current literature and recent developments in the field of public planning and redevelopment; and practices of civil engineering and physical design as applied to city planning; and Public Works contract law and practices. Ability to: Plan, organize, and coordinate the work of a department; develop and work with staff members using a team -oriented approach; select, supervise, motivate, train subordinates, and communicate effectively with staff; analyze data; carry planning assignments to completion through the formulation of creative planning solutions; participate in technical research on economic sociological, engineering, and planning problems; develop and maintain effective working relationships with officials, other government agencies and officials, general public, and staff; utilize effective management and supervisory techniques; communicate clearly and concisely orally and in writing; develop, interpret, and implement policies, laws, regulations, and procedures; participate in a team oriented collaborative work environment; and provide effective and friendly customer service. Education and Experience: Graduation from an accredited college or university with a Bachelor's degree in city or urban planning, architecture, civil engineering, geography, landscape architecure, business, public administration, or related field. A Master's degree in city planning, engineering, public administration, economics, or finance is highly desirable. Five years of recent progressively RIV #4826-3833-0887 vi Community Development C Class Specification Page 4 responsible professional work experience in local planning, administration of zoning, planning, economic development, redevelopment programs in a municipal planning environment, and local government administration in the areas of public works, law enforcement, and maintenance, including four years at a direct supervisory and management or administrative level. American Institute of Certified Planners (AICP) registration is desirable. OTHER Q UALIPICATIONS: Possession of a valid Class C motor vehicle operator's license from the State of Cal ifornia. F Abi lity to lead, manage, and supervise. Ability to operate a computer and applicable software applications, calculator, telephone, cell phone, or portable radio. 1e Ability to make oral presentations, including public presentations and workshops. • Abi lity to understand and respond to the public and staffs requests for assistance both on the telephone and in person. K Ability to prepare detailed narrative reports, perform complex numerical analyses and sort/file documents. ® Ability to perform extensive and repetitive physical activity involving the arms, wrists, and hands, including writing and using a keyboard. 6 Ability to get from one location to another in the course of doing business. • Ability to sit for up to two hours at a time. • Ability to speak Mandarin is preferred, but not required. RIV 44946-9833-0887 v1 ATTACHMENT "D" TEMPLE CITY CLASS SPECIFICATIONS ECONOMIC DEVELOPMENT MANAGER l ASSISTANT TO THE CITY MANAGER DEFINITION: This is an "at will" position. Under general direction of the City Manager, the Economic Development Manager/Assistant to the City Manager plans, directs, and coordinates the various functions of economic development for the City. Initiates, formulates, designs, coordinates, markets, implements and monitors various development projects; analyzes and identifies opportunities for additional growth; develops and actively implements economic development strategies; and serves as advisor to City officials and staff, business groups, property owners, and developers. EXAMPLES OF DUTIES: The Economic Development Manager/Assistant to the City Manager develops programs for the revitalization of the City's commercial areas; implements strategies, designs, and negotiates financing tools and packages to implement the City's revitalization programs; obtains and integrates appropriate grants for the City's revitalization programs; performs technical analysis and interpretation of pertinent economic revitalization; provides professional advice to City officials and staff, property owners, developers, and private developers; participates in the preparation of development agreements; makes presentations before public bodies and community organizations on the revitalization activities of the City; monitors and reports on the progress of the City's revitalization programs to the City Council, Planning Commission, and City management team; and communicates orally and in writing with developers, property owners, City departments, business owners, civic groups and other governmental agencies. The Economic Development Manager/Assistant to the City Manager manages City -owned real estate assets, including leased properties; markets real estate assets, attracts tenants, negotiates leases, manages property, and implements new development projects; serves as principal City liaison to the Chamber of Commerce and to regional and statewide economic development and real estate organizations; makes presentations to the City Council, community groups, and management on a variety of issues, including economic development; prepares the program budget; establishes revenue goals, recommends and manages expenditures within the budget. RIV #4827-8084-0455 vi Economic Development M8 Assistant to the City Manage, Class Specification Page 2 DESIRABLE QUALIFICATIONS Knowledge of: Marketing, real estate development, investment planning/counseling, business forecasting, business development, financial management; redevelopment operations, land disposition and development, general planning principles, state and federal redevelopment laws and regulations, project scheduling, and contract administration is a desirable; current trends in iocai economic development, with specific reference to redevelopment and revitalization is essential. Ability to: Analyze and interpret economic, demographic and physical data pertaining to the City and apply this information to the development of comprehensive revitalization programs; possess excellent oral and written communication skills; make presentations before public bodies and community organizations and establish and maintain effective relationships with City officials, developers, civic groups, various agency representatives and the public. Education and Experience: Five years of increasingly responsible experience in dealing with economic development, redevelopment, urban planning and financial programs. Graduation from an accredited university or college with a Bachelor's Degree in public administration, business administration, urban planning or a related field, A Master's Degree in public administration, business administration, or urban planning is highly desirable, OTHER QUALIFICATIONS: Possession of a valid Class G motor vehicle operator's license from the State of California. • Ability to lead, manage, and supervise. • Ability to operate a computer and applicable software applications, calculator, telephone, cell phone, or portable radio. • Ability to make oral presentations, including public presentations and workshops. ▪ Ability to understand and respond to the public and staff's requests for assistance both on the telephone and in person. • Ability to prepare detailed narrative reports, perform complex numerical analyses and sort/file documents. • Ability to perform extensive and repetitive physical activity involving the arms, wrists, and hands, including writing and using a keyboard, O Ability to get from one location to another in the course of doing business. • Ability to sit for up to two hours at a time. • Ability to speak Mandarin is preferred, but not required. RIV 4k4827 -80A4-6455 vi TEMPLE CITY CLASS SPECIFICATIONS CODE ENFORCEMENT SUPERVISOR DEFINITION: Supervises the day-to-day operations of the Code Enforcement program. Coordinates and monitors code compliance actions, programs, and studies involving the efforts of different departments, agencies, groups, and individuals, EXAMPLES OF DUTIES: Supervises the day-to-day operations of the Code Enforcement Program which is in the Community Development Department. Supervises the daily activities of subordinate staff. Recruits, trains and conducts performance evaluations for staff. Ensures that compliance staff responds and meets the Department's customer service objectives, standards, goals, and follows procedures and policies of the Department. The Code Enforcement Supervisor plans and coordinates code compliance projects, studies, and actions involving the efforts of multiple departments and outside agencies, and serves as liaison between City Departments and the City Prosecutor regarding code compliance cases requiring legal action. The Code Enforcement Supervisor implements methods and goals developed for proactive community outreach, and educational programs pertaining to code compliance efforts; develops and monitors a city-wide code enforcement case monitoring system; assists in mediations and disputes between neighbors, businesses, and residents in the City. Responds to and investigates complaints; and pro -actively surveys the city regarding violations of the Municipal Code, pertaining to zoning and land use regulations, garage sale regulations, property maintenance standards, noise regulations, sign regulations, and the City's housing and dangerous building codes. The Code Enforcement Supervisor conducts field checks; and monitors certain businesses and properties relative to a variety of mitigation measures imposed as part of the discretionary zoning/land use process, issues citations in the course of code compliance activities, as needed. Prepares and responds to correspondence pertaining to code enforcement matters, including Notices and Orders to Comply, Abatement Notices, and requests for information, RIV #4827-14'6-4-9351 vi Code Enforcement SupervviE Class Specification Page 2 DESIRABLE QUALIFICATIONS Knowledge of: The principles and practices involved in mediation and conflict resolution, field inspection techniques, land use principles and practice; legal issues related to arrest, inspection, and abatement warrants; summary and nuisance abatement methods; right -of -entry procedural and substantive due process of law; procedures and methods involved in investigation violations; and preparation of cases for prosecution. Ability to: Plan, lead, and coordinate the work activities of assigned staff; develop and participate in educational programs; interpret and apply policies and regulations; communicate City policies in a courteous and effective manner; establish and maintain effective and cooperative working relationships with City employees, private businesses and the general public; resolve conflicts and effect solutions to problems; effectively plan, organize and perform work under general direction; execute written and verbal instructions; supervise personnel; collect and analyze data; and prepare reports in a concise and logical manner. Must possess advanced writing and oral communication skills. Education and Experience: Coursework in an accredited college or university in public administration or a related field, and two years of practical experience performing management level administrative support services for a public agency. OTHER QUALIFICATIONS: • Possession of a Class C driver license Possession of a valid P.C. 832 P.O.S.T. certificate Successful completion of the California Association of Code Enforcement Officers (C.A.C.E.O.) • Ability to lead, manage, and supervise. • Ability to operate a computer and applicable software applications, calculator, telephone, cell phone, or portable radio. • Ability to make oral presentations, including public presentations and workshops. Ability to understand and respond to the public and staffs requests for assistance both on the telephone and in person. • Ability to prepare detailed narrative reports, perform complex numerical analyses and sort/file documents, • Ability to perform extensive andfor repetitive strenuous physical activity including: RSV #4827-1464-9351 v'? Code Enforcement Supervisor Class Specification Page 3 walking, standing and jogging for extended periods of time of 1 hour or more at a time; the lifting, pushing or pulling of moderate weight (up to 100Ibs); ability to climb ladders, stairs and inclines. • Ability to get from one location to another in the course of doing business. • Ability to sit for up to two hours at a time. ▪ Ability to speak Mandarin is preferred, but not required. ▪ Ability to deal with potentially difficult and hostile individuals in a safe and civil manner and to diffuse tense situations. RIV #4827-1464-9351 vl