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Item 8.2 - Reorganization of City Manager's Office AGENt IU:PORT SUMMARY TO: DATE: Honorable Mayor and Members of City Council James L. Bowersox, City Man~ June 4, 1996 FROM: SUBJECf: Reorganization of City Manager's Office ABSTRACf In March 1993, the City of Poway made a major commitment to improving the local economy by approving the employment of a contract Economic Development Manager. The initial contract term was two years; however, it was extended an additional year to allow time to evaluate the program and determine how it should be addressed in the future. Whil e there have been many successes attributable to past economic development efforts, the City would be better served by an intensive, high-level commitment. In order to accomplish that goal, it is proposed that the Assistant City Manager assume responsibility for the City's economic development program. This proposal would be best accomplished through the reorganization of the City Manager's office. ENVIRONMENTAL REVIEW This action is exempt from CEQA review. FISCAL IMPACf The reorganization of the City Manager's office will provide General Fund savings of at least $50,000 and will increase expenses within the Redevelopment Agency by apprOXimately $110,000. Future revenue benefits to the City and Redevelopment Agency as a result of this reorganization cannot be calculated but should be substantial. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended the following actions be taken: 1) Amend the City's Classification and Compensation Plan to replace the position of Assistant City Manager with the position of Assistant City Manager - Economic Development and approve the class specification (Exhibit A); 2) Approve the Agreement of Waiver Settlement and Mutual Release with John D. Fitch (Exhibit B); and, 3) Approve the reclassification of the Administrative Secretary position to Secretary III and the Senior Management Analyst to Assistant to the City Manager within the City Manager's office. AL'T10N 1 of 15 JUN 4 1996 ITEM 8.2 . CITY OF POWAY AGENDA REPORT TO: FROM: DATE: SUBJECT: Honorable Mayor and Members of the City Council James L. Bowersox, City Mana~ June 4, 1996 Reorganization of City Manager's Office BACKGROUND In March 1993, the City of Poway made a major commitment to improving the local economy by approving the employment of a contract Economic Development Manager. The initial contract term was two years; however, it was extended an additional year to allow time to evaluate the program and determine how it should be addressed in the future. While there have been many successes attributable to past economic development efforts, the City would be better served by an intensive, high-level commitment. In order to accomplish that goal, it is proposed that the Assistant City Manager assume responsibility for the City's economic development program. This proposal would be best accomplished through the reorganization of the City Manager's office. FINDINGS It is my pleasure to announce that John D. Fitch will be assuming a new role with the City of Poway with his appointment to the position of Assistant City Manager - Economic Development. In his new position, John will be utilizing his knowledge and skills to formulate, direct, and implement the City's economic development program. With the local economy finally showing signs of improvement, it is critical that we aggressively compete in the econoMic development arena. It is my belief that with John's IS-year background with the City as well as his skill in economic development and redevelopment he is the best person to be prOlOting Poway. Over the past few years, John has invested a significant amount of time in this area, contributing to the City's success. Now with the reorganization, he will be able to devote all of his efforts to the betterment of the City's econOlllY. The reorganization of the City Manager's office will require both personnel and operating budget adjustments with the assumption of economic development responsibilities by the Assistant City Manager. The following is a summary of the steps that will be taken in order to accomplish this reorganization: 1. PERSONNEL BUDGET A. Assistant Citv Manaaer - Economic Develooment The implementation of the reorganizational plan is based upon the assumption of a totally new position by the Assistant City Manager. In this new role, 2 of 15 JUN 4 1996 ITEM 8.2 . " Agenda Report June 4, 1996 Page 2 the position will be reclassified to that of Assistant City Manager - Economic Development, thereby necessitating adoption of a new job title and class specification (Exhibit A). In situations where substantial changes in duties occur, an employee is entitled through the provisions of both the Citv of Powav Personnel Rules and Reau1ations and the Memorandum of Understandina (Manaaement/ Confidential GrouD to assume the former position held by that employee with the City of Poway. As a function of assuming his new role of Assistant City Manager - Economic Development, John D. Fitch will be entering into an agreement through which he will be waiving present and future rights to the position of Director of Administrative Services (Exhibit B). B. Assistant to the Citv Manaaer In recognition of new responsibilities to be assumed by the Senior Management Analyst as a function of the reorganization, that position will be reclassified to Assistant to the City Manager. C. Manaaement Assistant In order to address the ongoing workload within the City Manager's office, the entry level administrative position of Management Assistant will be added. This position will be included within the FY 1996-97 budget. D. Secretarv The current Administrative Secretary position within the City Manager's office will be reclassified to the lower position of Secretary III. An additional Administrative Secretary position will be established as support to the Assistant City Manager - Economic Development. 2. OPERATING BUDGET In order to provide office space and workstations, it will be necessary to remodel the Redevelopment Services office and purchase desks for both the new Ad.inistrative Secretary and Management Assistant positions. One additional computer will also be required for the Administrative Secretary position. These costs will be included within the FY 1996-97 budget. ENVIRONMENTAL REVIEW This item is exempt from CEQA review. 3 of 15 JUN 4 1996 1TE1I8.2 Agenda Report June 4, 1996 Page 3 FISCAL IIIPACT The reorganization of the City Manager's office will provide General Fund savings of at least $50,000 and will increase expenses within the Redevelopment Agency by approximately $110,000. Future revenue benefits to the City and Redevelopment Agency as a result of this reorganization cannot be calculated but should be substantial. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the following actions be taken: 1. Amend the City of Poway Classification and Compensation Plan to replace the position of Assistant City Manager with the position of Assistant City Manager - Economic Development and approve the class specification. (Exhibit A) 2. Approve the Agreement of Waiver Settlement and Mutual Release with John D. Fitch. (Exhibit B) 3. Approve the reclassification of the Administrative Secretary position to Secretary III and the Senior Management Analyst to Assistant to the City Manager within the City Manager's office. Exhibits: Exhibit A - Class Specification Exhibit B - Agreement of Waiver Settlement and Mutual Release C:IDA TA IWPPILI!SIAGENDA \0604JDF.CMO 4 of 15 JUN 4 1996 ITEU8.2 ,. ASSISTANT CITY MANAGER-ECONOMIC DEVELOPMENT DEFINITION Under administrative direction, to plan organize and direct the programs and personnel involved in Economic Development for the City of Poway/Poway Redevelopment Agency; to administer and coordinate high level activities involving business retention and economic development programs and develop funding strategies to spur economic development; to administer contracts for services obtained from other public agencies and private contractors and consultants; to render advise and consultation to the City Manager/Executive Director and the City Council/Redevelopment Agency; and to perform related work as required. CLASS CHARACTERISTICS This one-position class functions as the executive and operational officer for the Economic Development operations of the City/Redevelopment Agency. The incumbent is responsible for developing and implementing programs to retain, expand and recruit businesses. The Assistant City Manager-Economic Development exercises supervision over managerial employees, making assignments, setting priorities, training and reviewing work. The incumbent is responsible for preparing evaluations, reviewing evaluations prepared by subordinate managers and supervisors, processing grievances at his/her level, recommending employment and for effectively recommending disciplinary action. The incumbent acts with a high degree of independence in the assigned area of responsibility. Direction received consists of the assignment of the responsibility to attain objectives according to policy guidelines. The incumbent is expected to develop methods and procedures and to solve problems encountered, except where a deviation in policy is involved. Most work is not reviewed, and when work is reviewed, the review is directed toward final outcomes and results. The incumbent is expected to resolve problems confronted through the application of judgement, precedent, training and experience. EXAMPLE OF DUTIES Plans, organizes and directs economic development programs including business retention, expansion and recruitment activities; analyzes community needs and develops programs to meet these needs in accordance with established City/Agency policy and available resources; develops and implements targeted marketing programs to improve the city's image both in the community and to the broader market place; establishes and maintains contacts with the business community, other economic development organizations and the public; develops and implements a communication and customer service program with the business, real estate and development communities; communicates the City's/Agency's economic development strategy to diverse groups 5 of 15 EXHIBIT A JUN 4 1996 ITEM 8.2 City of poway Assistant City Manager-Economic Development and build consensus as a faci1itor of the strategy; act as an ombudsman with the public, business, real estate and development communities; develops funding strategies to spur economic development; develops and implements short term and long term economic development plans; conducts performance evaluations; recommends hiring and discipline of subordinate personnel; processes and adjusts employees grievances; explains policies procedures and objectives to staff by written directive and by oral communication; establishes standards of performance for each position supervised; conducts staff meetings; develops staff development programs; directs the preparation and administration of the Economic Development budget; serves as technical and professional advisor and provides staff support to the City Council/Redevelopment Agency and Council-appointed committees and commissions on matters relating to economic development; prepares reports to the City Manager/Executive Director and City Council/ Redevelopment Agency; reviews and acts upon reports and recommendations of subordinate managers; prepares goals and objectives; confers with groups and organizations concerning economic development matters; communicates with City Departments, the Redevelopment Services Department and the City Attorney in the resolution of problems; represents the City/Agency in various state, local and community functions, professional organizations and meetings; establishes policies and procedures; conducts studies and investigations, preparing reports of findings and recommendations; may serve as the Assistant Executive Director of the Redevelopment Agency; and performs related work as required. LICENSES REQUIRED Possession of a valid and appropriate California Driver's license. QUALIFICATIONS Knowledqe of: Advanced principles and practices related to economic development, including current trends; Principles and practices of management, administration, supervision, training and public relations; Federal, state and local laws and regulations pertaining to economic development; Technical, legal, financial, personnel and public relations problems involved in the administration of economic development activities; Recent developments and sources of information regarding economic development; Appropriate safety precautions and procedures; 6 of 15 JUN 4 1996 ITEM 8.2 . City of poway Assistant City Manager-Economic Development Advanced English grammar/ usage, spelling and composition; Budgetary practices and business mathematics; Administrative research, graphic and tabular presentations of data and report composition. Abilitv to: Plan, organize and direct comprehensive economic development programs; Supervise and direct managerial, professional and technical personnel engaged in economic development work; Delegate authority and responsibility; Schedule and program work on a long-term basis; Conduct thorough investigations; Maintain effective negotiations with developers and contractors; Devise ans operate effective internal control procedures; Prepare, review and approve comprehensive analyses and reports of the economic development activities; Express ideas on technical subjects clearly and concisely, orally and in writing; Read, understand and apply complex materials; Establish record keeping system; Administer contract services; Process and adjust grievances in accordance with labor agreements; Formulate and administer policies and budget; Operate a vehicle observing legal and defensive driving practices; Understand and carry out oral and written instructions; Establish and maintain effective relationships with those contacted in the course of work. TRAINING AND EXPERIENCE Any combination of training, education and experience which demonstrates possession of the knowledge and abilities stated above and the ability to perform the duties of the position. A typical qualifying entrance background is department head-level managerial experience performing highly responsible work for a municipal government; and Completion of coursework leading to a baccalaureate-level major in public administration, business administration or a closely related field; or Experience at or equivalent to the an administrator at the department head level from which the incumbent has acquired the knowledge and abilities listed above. ,7 of 15 JUN 4 1996 ITEM 802 City ot poway Assistant City Manager-Economic Development PHYSICAL DEMANDS AND WORKING CONDITIONS Liqht Work: Positions in this class perform work which is primarily sedentary. Mobilitv: positions in this class require mobility of arms to reach and dexterity of hands to grasp and manipulate small objects. Mobility of lower body is not required. Vision: positions in this class require vision (which may be corrected) to read small print. Other Conditions: Incumbents of position in this class may be required to use personal vehicle in the course of employment; Incumbents of positions in this class may be required to attend periodic evening meetings and/or to travel within and out of City boundaries to attend meetings. 8 of 15 JUN 4 1996 ITEM 8.2 I AGREEMENT OF WAIVER SETTLEMENT AND MUTUAL RELEASE This Agreement of Waiver Settlement and Mutual Release (hereinafter nAgreementn) is entered into by and between the City of poway (hereinafter referred to as nthe Cityn), and John D. Fitch (hereinafter referred to as nFitchn). The City and Fitch are also described in this document as nthe Parties. n This Agreement is entered into by and between the Parties, jointly and severally, and the terms shall be synonymous with and shall be binding upon and affect themselves, their agents, employees, officers, directors, attorneys, governing bodies (the entity and individual members), predecessors, successors, assigns and all entities/persons or departments acting by, through, or in concert with the Parties. This Agreement is entered into with reference to the following facts and representations that are dee~ed true and accurate by the Parties: A. Immediately prior to execution of the Agreement, Fitch was the Assistant City Manager of the City and is a valued employee of the City. B. It is the desire of the City to reorganize the City Manager's department, to eliminate the position of Assistant City Manager, and create the position of Assistant City Manager Economic Development. In doing so, under the Personnel Rules and the currently effective MOU, Fitch would have the right to assume the position of Director of Administrative Services. 1 9 of 15 EXHIBIT B JUN 4 1996 ITEM 8.2 C. It is recognized that Fitch brings a variety of expertise and skills to City employment and that Fitch may be well qualified to fill the position of Assistant City Manager Economic Development. NOW, THEREFORE, IT IS AGREED by and between the Parties as follows: 1. Fitch will be reclassified and shall become the incumbent in the newly created classification of Assistant City Manager - Economic Development. Fitch and the City Manager shall diligently cooperate in the development of a job description setting forth the duties of the newly created classification. 2. The salary step and range for the position of Assistant City Manager - Economic Development shall be identical to the salary step and range held by Fitch immediately prior to his reclassification. The total compensation provided to Fitch shall be identical to that which he received immediately prior to the reclassification. Management employees occupying classifications such as Fitch are compensated pursuant to a plan approved by the City Council. Therefore, Fitch's total compensation shall be modified pursuant to City Council action taken April 16, 1996. No representation is made by the City as to how, if at all, Fitch's compensation shall be further modified in the future. 3. The Personnel Rules of the City shall be applicable to the position of Assistant City Manager - Economic Development and to Fitch as the incumbent in that position, except as his rights are modified by this Agreement. 2 10 of 15 JUN 4 1996 ITEM 8.2 J 4. If the position of Assistant City Manager - Economic Development is eliminated by the City at any time within five years of the date hereof and Fitch is the incumbent in the position, Fitch's employment with the City shall terminate and the City shall pay severance to Fitch in a sum equal to eighteen (18) months salary. If Fitch elects to resign the position of Assistant City Manager - Economic Development for any reason, the City shall pay severance to him as follows: If resignation is within the following days of the date hereof: The severance payment shall be: 0-180 days 181-270 days 271-365 days more than 365 days 18 months salary 12 months salary 6 months salary o In consideration of the foregoing, Fitch hereby waives and releases any right he may have to assume ~he position of Director of Administrative Services when the pos i tion of Ass istant City Manager is eliminated and upon the eliI:\ination, if or when it should occur in the future, of the position of Assistant City Manager - Economic Development. For purposes of calculating "salary" for payment of severance, that term shall mean the single highest year of salary, excluding benefits, paid to Fitch during his employment with the City. Payment of severance in accordance with the terms hereof by the City shall constitute full satisfaction and extinguishment of any and all claims for compensation which Fitch may have against the City; provided, however, Fitch shall also be entitled to all 3 . 11 of 15 JUN 4 1996 ITEM 8.2 retirement, deferred compensation, sick leave, vacation, or similar benefits accrued as ordinary City employment benefits. 5. City and Fitch agree to develop a public relations announcement regarding his reclassification and assumption of new duties. 6. The parties agree that Fitch shall be provided the support normally provided to other City departments, offices, and divisions. 7. Fitch affirms that prior to execution of this Agreement, he has consulted with his legal counsel, Jack R. Mitchell, concerning the terms and conditions set forth herein. Fitch hereby represents and warrants that in making this Agreement, he understands and agrees that he has relied wholly upon his own judgment, belief and knowledge of the nature, extent and duration of any of his claims and that he has not been influenced to any extent whatsoever in making this Agree~ent, by any representations by or on behalf of the City which are not contained herein. 8. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy or facsimile transmission of the Agreement, including signatures, shall be deemed to constitute admissible evidence of the Agreement having been entered into by the Parties. 9. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto regarding the subject matter of this Agreement. Any prior agreements, promises, negotiations, or 4 12 of 15 JUN 4 1996 ITEM 8.2 r representations, either oral or written, relating to the subject matter of this Agreement, and not expressly set forth herein, are of no force or effect. 10. The date set forth in the last paragraph of this Agreement shall be the "date hereof." 11. This Agreement has been jointly negotiated and drafted by counsel for the Parties. The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. 12. Fitch does hereby, and for his heirs, legal representatives, agents, successors in interest and assigns, irrevocably and unconditionally release, acquit and forever discharge the City from any and all claims, actions, causes of action, rights, demands, debts, obligations, damages or accountings of whatever nature which he has or believes he has against the City by reason of or arising out of, any of the matters, acts or omissions described or referred to in this Agreement. 13. For the purpose of implementing a full and complete release and discharge of the City, Fitch expressly acknowledges that this Agreement is also intended to include in its effect, without limitation, all claims which Fitch does not know of or expect to exist in his favor at the time of the execution hereof and Fitch agrees that this Agreement contemplates the extinguishment of any such claim or claims. In this connection, Fitch expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the civil Code of California and does 5 13 of 15 JUN 4 1996 ITEM 8.2 so understand and acknowledge the significance and consequences of such specific waiver of said provisions of law. section 1542 of the Civil Code states as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 14. Fitch agrees to release and discharge the City and its legal counsel, without limitation, from all claims, whether or not known or expected to exist in his favor at the time of execution. In this regard, Fitch expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the civil Code of The State of California, as set forth above in paragraph 17. IS. The City agrees to bear the cost of attorney's fees incurred by Fitch regarding this matter, in a sum not to exceed $2,000.00 16. Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement. 17. No waiver by any Party of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding, concurrent or succeeding breach of the same, or any other term or provisions hereof. No waiver shall be binding unless in writing and signed by the Party to be charged or held bound. 18. Each Party hereto represents and agrees that he or it has carefully read and fully understands all of the provisions of this 6 14 of 15 JUN 4 1996 ITEM 8.2 f Agreement, and that he or it is voluntarily, wit~out any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. The date hereof shall be June 1, 1996. Dated: May , 1996 JOHN D. FITCH Dated: May , 1996 CITY OF POWAY BY: DON HIGGINSON, Mayor APPROVED AS TO FORM: Dated: May , 1996 LIEBERT, CASSIDY & FRIERSON BY: Dated: May 23 , 1996 RICHARD M. KREISLER At:~r9~~or City of poway m~~i~ STE M. ECKIS, City Attorney & SKOLA Dated: May -' 1996 BY: JACK R. MITCHELL Attorneys for John D. Fitch 7 15 of 15 JON 4 1996 ITEM 802