HomeMy WebLinkAboutSTANLEY SMALEWITZ - 2005-09-19 Council/Agency Meeting Held:_&—// gza�
Deferred/Continued to:
Approved L3 Conditionally Approved LJ Denied i er ' SignaVe
Council Meeting Date: 9/19/2005 DepartmenWD Number: AD05-013
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL MEMBERS
c--,L; 7-,
SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMINISTRATOR
PREPARED BY: CHARLES THOMAS, ACTING DEPUTY CITY ADMINISTRATORX' .-4
SUBJECT: APPROVE EMPLOYMENT AGREEMENT BETWEEN THE CITY QF
HUNTINGTON BEACH AND STANLEY SMALEWITZ AS DIR8CT6R
OF ECONOMIC DEVELOPMENT
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
A recruitment has been completed for the position of Director of Economic Development. As
a result, the City Administrator is recommending the appointment of Stanley Smalewitz to the
position as required by the City Charter.
Funding Source:
The position of Director of Economic Development is scheduled to be a budgeted position in
the fiscal year 2005/2006. No additional funding is required.
Recommended Action:
1. Approve the appointment of Stanley Smalewitz to the position of Director of Economic
Development and:
2. Approve and authorize execution by the City Administrator the Employment Agreement
between the City of Huntington Beach and Stanley Smalewitz to the position of Director of
Economic Development.
Altemative Action(s):
Do not approve the appointment of Stanley Smalewitz to the position of Director of Economic
Development.
REQUEST FOR ACTION
MEETING DATE: 9/19/2005 DEPARTMENT ID NUMBER:AD05-013
Analysis: On April 7, 2005, the position of Director of Economic Development for the City of
Huntington Beach became vacant with the resignation of the Director. Since that time, the
position has been filled with an acting director while recruitment for a replacement could be
completed.
A Request for Proposal (RFP) process for an executive search firm had been completed and
a list of qualified vendors had been established. The following consulting firms had submitted
proposals: Avery and Associates, The Davis Company, The Mills Group, Alliance Resource
Consulting LLC, Robert Consulting Group and Bob Murray and Associates. The proposals
were reviewed, evaluated and a list of qualified firms was established. Alliance Resource
Consulting LLC was one of the qualified firms. After further review for this recruitment, a
contract for professional services was awarded to Alliance Resource Consulting LLC to
conduct the recruitment for the Director of Economic Development. Alliance Resource
Consulting LLC is well known and respected in the field of executive recruitment in the public
sector.
The recruitment was positive and resulted in 60 applicants for the position. The applications
were screened and five of those candidates were invited to an interview panel. The panel
consisted of City of Huntington Beach Acting Public Works Director Paul Emery, City of
Huntington Beach Police Chief Kenneth Small, City of Huntington Beach Economic
Development Consultant Michael Hennessy, City of Huntington Beach Community
Participation Advisory Board (CPAB) Chairperson Jerry Lipson, Laguna Woods City Manager
Leslie Keane, Robert Mayer Corp. Vice President Shawn Millbem, City of Chino
Redevelopment Director Earl Nelson and City of Huntington Beach Acting Administrative
Services Director Charles Thomas.
City Administrator Dr. Penelope Culbreth-Graft conducted follow-up interviews with the
finalists as recommended by the interview panel. As a result, she recommends City Council
approval to appoint Stanley Smalewitz to the position of Director of Economic Development
for the City of Huntington Beach effective October 24, 2005. A background/reference check
of Mr. Smalewitz was conducted with positive results. Mr. Smalewitz is currently the Director
of Community Development for the City of Commerce. He has worked in the economic
development field since 1979. His resume is attached.
Environmental Status:
N/A
Attachment(s):
City Clerk's
Page Number No. Description
1. Employment Agreement between the City of Huntington Beach and
Stanley Smalewitz for the position of Director of Economic
Development
2. Resume of Stanley Smalewitz
UAEcon dev director RCAdot -2- 9/1/2005 3:17 PM
ATTACHMENT # 1
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
STANLEY SMALEWITZ
Table of Contents
Section Page
I DUTIES 1
2 STATUS AND TERM 2
3 SALARY 3
4 OTHER BENEFITS 3
5 ADMINISTRATIVE LEAVE 3
6 TERMINATION AND SEVERANCE PAY . 3
7 DISABILITY . 5
8 PERFORMANCE EVALUATION 6
9 PROFESSIONAL DEVELOPMENT. 6
10 FINANCIAL DISCLOSURE . 6
11 INDEMNIFICATION 7
12 GENERAL PROVISIONS 7
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
STANLEY SMALEWITZ
THIS AGREEMENT is entered into between the City of Huntington Beach, a California
municipal corporation, subsequently called "City," and Stanley Smalewitz, subsequently called
"Smalewitz."
WITNESSETH
The City Administrator has been empowered to appoint and remove department heads,
with approval of the City Council; and
The City, through the City Administrator, desires to employ the services of Smalewitz as a
department dead, Director of Economic Development of the City of Huntington Beach; and
It is the desire of the City to provide certain benefits, establish certain conditions of
employment, and to set working conditions of Smalewitz; and
It is the desire of the City to:
(1) Secure and retain the services of Smalewitz and to provide inducement for him to
remain in such employment;
(2) To provide a means for terminating Smalewitz's service at such time as he may be
unable fully to discharge his duties due to disability or when City may otherwise desire to
terminate his employ; and
Smalewitz desires to accept employment as Director of Economic Development of the
City;
NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties
agree as follows:
05agree/Smalewitz Econ Dev Director 1
SECTION 1. DUTIES. City agrees to employ Smalewitz as Director of Economic
Development of the City to perform the functions and duties of that office as set forth in the
Municipal Code of the City of Huntington Beach and the City Charter, and to perform other
legally permissible duties and functions as the City Administrator shall from time to time assign.
Smalewitz shall devote his full attention and effort to the office and perform the mentioned duties
and functions in a professional manner.
SECTION 2. STATUS AND TERM.
(a) Smalewitz shall serve for an indefinite term at the pleasure of the City
Administrator and shall be considered an at-will employee of the City. Smalewitz's first day of
work pursuant to this Agreement shall be October 24, 2005.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Administrator to terminate the employment of Smalewitz at any time, subject only to
the provisions set forth in Section 6, paragraphs(a), (b) and(c) of this Agreement, and Section
401 of the Charter of the City of Huntington Beach.
(c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right
of Smalewitz to resign at any time from his position with the City, subject only to the provisions
set forth in Section 6, paragraph(d), of this Agreement.
(d) Smalewitz agrees to remain in the exclusive employ of City for an indefinite period
and shall neither accept other employment or become employed by any other employer without
the prior written approval of the City Administrator until notice of resignation is given.
The term "employed" (and derivations of that term as used in the preceding paragraph)
shall include employment by another legal entity or self employment, however, shall not be
osagrce✓snWewm F=n DeV v redor 2
construed to include occasional teaching, writing, consulting, or military reserve service
performed on Smalewitz's time off, and with the advance approval of the City Administrator.
SECTION 3. SALARY. City agrees to pay Smalewitz for his services rendered
pursuant to this Agreement at Range 645, Step E of the City's classification and compensation
plan or resolutions or ordinances from time to time enacted that govern such compensation.
SECTION 4. OTHER BENEFITS. In addition to the foregoing benefits, Smalewitz
shall also receive all such other benefits that are generally applicable to nonassociated employees
(department heads) hired after December 27, 1997, as set forth in Exhibit A, attached hereto.
SECTION 5. ADMINISTRATIVE LEAVE. City Administrator may place the
Smalewitz on Administrative Leave with full pay and benefits at any time during the term of this
Agreement.
SECTION 6. TERMINATION AND SEVERANCE PAY.
(a) Except as provided in subsection(b), in the event the City Administrator
terminates the employment of the Smalewitz, and during such time that Smalewitz is willing and
able to perform his duties under this Agreement, then,the City shall pay to Smalewitz a severance
payment equal to salary payments which Smalewitz would have been receiving over a twelve
week period at Smalewitz's current rate of pay in effect on the day prior to the date of
termination. In addition, for the lesser of ninety(90) calendar days after the date of termination
or the time Smalewitz secures health and medical insurance through attainment of comparable
employment, theCity shall maintain and pay for health, medical, disability, the continuation of
retirement benefits and life insurance in such amounts and on such terms as have been received by
Smalewitz and Smalewitz's dependents at the time of such termination; however, no other or
additional benefits shall accrue during this ninety(90)calendar-day period.
05agrec/Smalewitz Econ Dev Director 3
(b)(1) Notwithstanding subsection(a) above, the following reasons shall constitute
grounds to terminate the employment of Smalewitz without severance pay:
(i) a willful breach of this agreement or the willful and repeated neglect
by Smalewitz to perform duties that he or she is required to perform;
(ii) conviction of any criminal act relating to employment with the City;
(iii) conviction of a felony.
(2) Prior to the time that the City Administrator terminates Smalewitz without
severance pay for any of the reasons set forth in Section(b)(1) above, and only in that case, the
City Administrator shall provide Smalewitz with written notice of proposed termination which
contains the reason and factual basis for such action. Within ten days of such notice, Smalewitz
may request an opportunity to respond to the reasons and factual basis provided by the City
Administrator. If such a request to respond is made, the City Administrator shall conduct a
meeting, which may be informal in nature, at which Smalewitz may respond to the notice of
proposed termination. At such meeting, Smalewitz may be represented by an attorney of his
choice and present evidence or information relevant to the reasons and factual basis set forth in
the notice of proposed termination. Subsequently, the decision of the City Administrator as to
whether reasons set forth in Section(b)(1) exist or do not exist shall be final as between the
parties.
(c) In the event the City at any time during the term of this Agreement reduces the
salary of Smalewitz from its then current year level, except as part of an across-the-board
reduction for all department heads of City, or in the event City refuses, following written notice,
to extend to Smalewitz any nonsalary benefit customarily available to all department heads, or in
the event Smalewitz resigns following a suggestion, whether formal or informal, by the City
05agree/Smalewitz Econ Dev Director 4
Administrator that he or she resign, then, in those events, Smalewitz may, at his option, be
deemed to be "terminated" at the date of such reduction or such refusal to extend or such
suggestion of resignation within the meaning and context of the severance pay provision in
paragraph(a) above; provided that such option to be deemed terminated must be exercised by
written notice from Smalewitz to the City Administrator within ten(10)working days of
notification of such reduction, refusal to extend, or suggestion of resignation. In that event, the
severance payment shall be calculated from the date Smalewitz exercises the option to be deemed
terminated.
(d) In the event Smalewitz voluntarily resigns his position, Smalewitz shall give City
written notice at least thirty (30) days prior to the last workday, unless the City Administrator and
Smalewitz otherwise agree. Unless there is agreement to the contrary, if Smalewitz fails to
provide such notice to the City Administrator, any right to accrued benefits for sick pay shall
terminate.
(e) It is understood that after notice of termination in any form, Smalewitz and City
will cooperate to provide for an orderly transition. Specific responsibilities during such transition
may be specified in a written separation agreement.
SECTION 7. DISABILITY. If Smalewitz is totally disabled or otherwise unable to
perform his duties because of sickness, accident, injury, mental incapacity or ill health, he or she
shall be eligible for Disability Leave upon exhausting all accrued sick leave and vacation leave,
and duty injury leave if applicable. Disability Leave shall be unpaid and shall be approved by the
City Administrator for a time period of up to three(3)months. The length of such time period of
the Disability Leave shall be dependent upon the length of the disability as demonstrated by
Smalewitz. If Smalewitz is unable to return to work at that time, City shall have the option to
05agree/Smalewitz Econ Dev Director 5
terminate the employment of Smalewitz, subject to the requirements imposed on the City by
Section 6, paragraph(a).
SECTION 8. PERFORMANCE EVALUATION. The City Administrator shall
review and evaluate in writing the performance of Smalewitz at least once annually. That review
and evaluation shall be in accordance with specific criteria developed in consultation with
Smalewitz and City Administrator. Those criteria may be added to or deleted from as the City
Administrator may from time to time determine, in consultation with Smalewitz.
SECTION 9. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay
for professional memberships normally accorded department heads. Smalewitz shall also receive
paid leave, plus registration, travel and reasonable expenses for short courses, conferences and
seminars that are necessary for his personal development and, in the judgment of the City
Administrator, for the good of the City, and subject to budget limitations and to established travel
policies and procedures.
SECTION 10. FINANCIAL DISCLOSURE. Smalewitz shall report to the City
Administrator any ownership interest in real property within the County of Orange, excluding
personal residence. Also, Smalewitz shall report to the City Administrator any financial interest
greater than Ten Thousand Dollars($10,000)in value in a firm doing work for the City or from
which the City intends to make a purchase. Such reporting shall be made in writing by the
Smalewitz to the City Administrator within ten(10) calendar days of the execution of this
agreement and further within ten(10) calendar days of acquisition of that interest in real property.
Additionally, Smalewitz shall report in writing to the City Administrator any financial interest
greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from
05agee/Smalewitz Ecm Dev Director 6
whom the City intends to make a purchase immediately upon notice of the intended work or
purchase.
SECTION 11. INDEMNIFICATION. City shall defend and indemnify Smalewitz against
any action, including but not limited to any: tort, professional liability claim or demand, or other
noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of
an alleged act or omission occurring in the performance of Smalewitz's duties as an employee or
officer of the City, other than an action brought by the City against Smalewitz, or an action filed
against the City by Smalewitz. In addition, the City shall pay the reasonable expenses for the travel,
lodging, meals, and lost worktime of Smalewitz should Smalewitz be subject to such, should an
action be pending after termination of Smalewitz. City shall be responsible for and have authority to
compromise and settle any action, with prior consultation with Smalewitz, and pay the amount of any
settlement or judgment rendered on that action. Smalewitz shall cooperate fully with the City in the
settlement, compromise, preparation of the defense, or trial of any such action.
SECTION 12. GENERAL PROVISIONS.
(a) The text here shall constitute the entire Agreement between the parties.
(b) This Agreement shall become effective commencing October 24, 2005.
(c) If any provision, or any portion of any provision, contained in this Agreement is
held unconstitutional, invalid, or unenforceable, the remainder of this Agreement,
or any portion of it, shall be deemed severable, shall not be affected and shall
remain in full force and effect.
(d) No amendment of this Agreement shall be effective unless in writing and signed by
both parties here.
05aWwJSm9ewitz Ecm Dev Director 7
Jan 20 70 08: 51p (562) 801-3082 p. 2
1N Wl1'NESS WHEREOF, the City of Huntington Beach has caused this Agreement to
be signed and executed on its behalf by its City Administrator, and Smalewitz has signed and
executed this Agreement,both in duplicate,on �S a -�L� /9 , 2005,
THE CITY OF HuNTING'T`ON BEACH:
Y
Pencl pe Culbreth-Graff S e 'm ewitz
City Administrator
APPROVED AS TO NORM.
Jennifer M Grath, City torney 17/cs—
0
ATTAC H M E NT #2
t ,
Stanley Smalewitz
EDUCATIONAL BACKGROUND
Bachelor of Arts - International Relations - 1976 University of Southern California;
Los Angeles, CA
CERTIFICATION
Licensed General Contractor. Additional classifications in Electrical, Plumbing,Home
Improvement, and Painting - California State Contractors License Board
SUMMARY OF EXPERIENCE
2003 to Present City of Commerce, CA(Population: 13,000)
Community Development
Director
When originally hired my Departmental responsibilities
involved the management of the following divisions: Planning
& Zoning; Building & Safety; Redevelopment; Economic
Development; and Housing. Four months into my tenure the
Council approved a reorganization, which merged
Engineering, Public Works, Street Maintenance, the water
company and Municipal Facilities Management into the
Community Development Department under my direct
Supervision. During the twenty seven months I have been in
this position: I have guided my departmental through its
budgets and midyear corrections; successfully enable the
Redevelopment Agency fund a $44 million Bond Issue;
Added three new Planning Ordinances to the Municipal Code;
Designated an Old Town District; Negotiated Three Exclusive
Negotiating Agreements ("ENA's); along with Rebuilding a
neighborhood partially demolished by a major 31 cars Union
Pacific Railroad derailment; and selling the Citadel Outlet Mall
to a private Developer to ensure it's expansion by an
additional three hundred thousand.,square foot (100 new
stores) I manage a total budget of$44.8 million and 47
employees, along with some 12 venders and consultants for
this Contract City
1994 to 2003 City of Alhambra, CA(Population: 85,804)
Housing and Economic Development
Deputy Director of Development Services
1988 to 1994 Urban Futures, Inc. (Los Angeles, CA)
Housing Director
t.
1988 to 1988 City of Riverside, CA(Population: 255,166)
Assistant Housing Director
1981 to 1988 City of Inglewood, CA(Population: 112,580)
Neighborhood Preservation Supervisor
1979 to 1981 City of Los Angeles, CA(Population: 3,694,820)
Community Redevelopment Agency
Pico Union
Prinicipal Construction Supervisor
1977 to 1979 William L. Pereira & Associates-Architects, Planners &
Engineers (Los Angeles,CA)
Planner
OTHER QUALIFICATIONS
Deputy Director of Development Services/Housing & Economic Development
u�
City of Alhambra, CA 1994-Feb 2003
Originally employed by the City as its Housing Manager, my responsibilities were
expanded to also include Economic Development Manager (which included the
redevelopment division. Subsequently, I was promoted to the Deputy Director
position that oversees the advanced and current planning, zoning, and building
divisions along with my continued responsibilities for the housing, economic
development and redevelopment divisions.
Housing Director
Urban Futures, Inc. 1988-1994
Assisted some 15 California Cities and Agencies providing planning, redevelopment
and housing plans, programs, procedures and guidelines as required. The range of
services included site selection, negotiations with property owners, assembling
sites, Multi-family revenue bond housing projects, and formation of redevelopment
project areas, market analysis, pro-forma reviews, land use entitlement, and project
administration for commercial and residential projects.
Assistant Housing Director
City of Riverside, CA 1988-1988
Responsible for overseeing all of the responsibilities and new housing programs for
six project areas, along with working with the six ethnically diverse project area
committees to develop these programs.
Neighborhood Preservation Supervisor
City of Inglewood, CA. 1981-1988
Supervised staff, prepared budgets, designed housing rehabilitation programs, their
implementation and new residential development. Also served as Acting Housing
Division Manager whose responsibilities included the administration of the City's
Housing Authority.
Principal Construction Supervisor- Pico Union
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administration
SUBJECT: Approve Employment Agreement between the City of
Huntington Beach and Stanley Smalewitz for the
position of Director of Economic Development
COUNCIL MEETING DATE: I September 19, 2005
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable E
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable E
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable E
Attached
Contract/Agreement (w/exhibits if applicable) Not Applicable ❑
(Sig ned in full by the City Attorne
Attached
Subleases, Third Party Agreements, etc. Not Applicable E
(Approved as to form by City Attorne
Certificates of Insurance (Approved b the City Attorne Attached
( PP Y Y Y) Not Applicable E
Attached
Fiscal Impact Statement (Unbudget, over$5,000) Not Applicable E
BondsIf applicable) Attached
( pP ) Not Applicable E
Staff Re ort If applicable attached
P ( PP ) Not Applicable E
Attached
Commission, Board or Committee Report (If applicable) Not Applicable E
Findings/Conditions for Approval and/or Denial Attached
11
Findin
9 pp Not Applicable E
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN TEM:
5
(Below
•, For Only)
RCA Author: C.Thomas