HomeMy WebLinkAboutZELEFSKY, HOWARD - 1998-09-210 •
09/21/98 - Council/Agency Minutes - Page 13
(CITY COUNCIL) ADOPTED RESOLUTION NO.98-67 OFFERING TO PURCHASE
PROPERTY FROM COUNTY OF ORANGE — APPROVED TAX DEFAULT AGREEMENTS —
TWO LOTS WITHIN TRACT 306 — ELLIS/GOLDENWEST QUARTER SECTION FOR PARK
PURPOSES (600.25) —1. Adopted Resolution No. 98-67 - "A Resolution of the City Council
of the City of Huntington Beach Offering to Purchase Property Pursuant to Division 1, Part 6,
Chapter 8, Article 2 of California Revenue and Taxation Code. For the acquisition of lot No. 47
and No. 48 within the Tract 306 of the Ellis/Goldenwest quarter section for park purposes, and
2. Approved and authorized the Mayor and City Clerk to execute tax default agreements with
County of Orange to purchase Lots No. 47 and No. 48 in Tract 306, Ellis/Goldenwest quarter
section — Agreement For The Purchase By A City Of Tax Defaulted Property As Provided By
Division 1, Part 6, Chapter 8 Of The California Revenue And Taxation Code.
(CITY COUNCIL) APPROVED APPOINTMENT TO THE ENVIRONMENTAL BOARD —
FRANK CAPONI (110.20) — Appointed Frank Caponi to complete the term of Mark Tomko,
which expires June 30, 1999.
(CITY COUNCIL) APPROVED AMENDMENT TO LICENSE AGREEMENT BETWEEN THE
CITY AND CARDEN'S COIN TELESCOPES FOR COIN OPERATED TELESCOPES ON
BEACH AND PIER (600.35) - Approved the Amendment To License Agreement Between The
City Of Huntington Beach And Carden's Coin Telescopes For Coin Operated Telescopes On
Beach And Pier for a term of one year, and authorized the Mayor and City Clerk to execute
same.
(CITY COUNCIL) APPROVED PURCHASE OF NEW CODE ENFORCEMENT VEHICLE
USING FUNDS FROM THE STATEWIDE ABANDONED VEHICLE ABATEMENT
PROGRAM - APPROVED FUND APPROPRIATION (320,45) — Appropriated $17,100 from the
unappropriated general fund reserve and authorized expenditures to purchase a new Code
Enforcement vehicle which will enhance and support our abandoned vehicle enforcement
efforts. (100% reimbursement provided by the Statewide Abandoned Vehicle Abatement
Program. This is unanticipated revenue.)
(CITY COUNCIL) APPROVED EMPLOYMENT AGREEMENT FOR THE ASSISTANT CITY
ADMINISTRATOR -MELANIE FALLON (600.10) —Approved and authorized the Mayor and
City Clerk to execute the Employment Agreement Between The City Of Huntington Beach And
Melanie Fallon, to serve as the Assistant City Administrator.
(CITY COUNCIL) APPROVED DELETION OF THE COMMUNITY DEVELOPMENT
DEPARTMENT AND THE CREATION OF THE BUILDING AND SAFETY DEPARTMENT
AND THE PLANNING DEPARTMENT WITH RESPECTIVE DEPARTMENT HEADS -
APPROVED AGREEMENT WITH ROSS CRANMER TO SERVE AS DIRECTOR OF
DEPARTMENT OF BUILDING & SAFETY AND APPROVE AGREEMENT WITH HOWARD
ZELEFSKY TO SERVE AS DIRECTOR OF DEPARTMENT OF PLANNING (100.10 & 600.10)
1. Approved the deletion of the Community Development Department from the City's Table of
Organization and the position of Community Development Director; and 2. Approved the
creation of the Building and Safety Department and Planning Department with their respective
Department Heads; and 3. Approved and authorized the Mayor to execute the Agreement
between the City of Huntington Beach and Ross Cranmer to serve as Director of the
Department of Building and Safety; and 4. Approved and authorized the Mayor to execute the
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Agreement between the City of Huntington Beach and Howard Zelefsky to serve as Director of
the Department of Planning.
Councilmember Sullivan requested to be recorded as casting a "no" vote on this item.
(CITY COUNCIL) APPROVED APPROPRIATION OF FUNDS FOR 1998f,O.URTH OF JULY .
CELEBRATION - APPROVED BUDGET AMENDMENT (960.30) —1. Authorized a Fiscal year
97/98 budget amendment to allocate $34,131 from the Unappropriated Fourth of July Fund
Balance into Account Number E-FP-CS-212-2-21-00 and 2. Authorized a Fiscal Year 97/98
budget amendment to allocate $5,175 from the Unappropriated General Fund Balance into
Account Number E-FP-CS-212-2-21-00.
(CITY COUNCIL) UTILITY USERS TAX AUDIT OF TIME WARNER COMMUNICATIONS 8,
SETTLEMENT AGREEMENT WITH TIME WARNER INC. (TWI) REGARDING TAX
COLLECTION (600.10) — Approved and authorized the Mayor and City Clerk to sign the
Settlement Agreement between the City and Time Warner Inc. (TWI) regarding the collection of
utility user taxes on cable television services.
(CITY COUNCIL) ADOPTED RESOLUTION NO. 98-74 AMENDING THE NON -
REPRESENTED EMPLOYEES SALARY AND BENEFITS RESOLUTION TO DESIGNATE
TWO NEW DEPARTMENT HEADS AND PROVIDE FOR ADMINISTRATIVE LEAVE
(720.20) - Adopted Resolution No. 98-74 "A Resolution of the City Council of the City of
Huntington Beach Modifying Salary and Benefits for Fiscal Years 1997198 and 1998/99 for
Non -Represented Employees." 1. Added the position of Director of Building and Safety at
salary range 578; and 2. Added the position of Director of Planning at salary range 579; and
3. Provided for 40 hours of Administrative Leave to "exempt" managers, and 4. Provided an
additional 16 hours (total = 80 hours) of Administrative leave to department heads.
(CITY COUNCIL) ADOPTION OF RESOLUTION NO. 98-68 CONTINUED TO OCTOBER 5,
1998 - REQUESTING CALTRANS APPROVAL OF CLOSING PACIFIC COAST HIGHWAY
FOR THE HUNTINGTON BEACH PACIFIC SHORELINE MARATHON RUN — JANUARY 31,
1999 (960.50)
The City Council considered proposed Resolution No. 98-68 - "A Resolution of the City Council
of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast
Highway for the Huntington. Beach Pacific Shoreline Marathon Run" regarding the closure of
Pacific Coast Highway for the Pacific Shoreline Marathon Run. This item had been removed
from the Consent Calendar for separate consideration.
Community Services Director Hagan responded to Councilmember Sullivan's questions
regarding why the promoter does not include Huntington Beach in the name of the event. The
Community Services Director stated that the promoter requires financial contribution from the
city in order to include the city's name. Councilmember Sullivan stated reasons why he does
not believe the city is benefiting from this event. Community Services Director Hagan reported
on the Huntington Beach charities that will receive income from some of the proceeds. He also
informed Council that many persons are drawn to the community for this event which helps local
businesses.
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Council/Agency Meeting Held:
Deferred/Continued to:
W Approved ❑ Conditionall Approved ❑ Denied
—/ a uJl,'vad,44? 66SE117
Council Meeting Date: September 21, 1998
40•/D - 400- I)
City Clerk's Sianature
Department ID Number: CD98-44
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS m n�
,, ,
SUBMITTED BY: RAY SILVER, City Administrator4QW,?-<���
PREPARED BY: RAY SILVER, City Administrator -
SUBJECT: DELETION OF THE COMMUNITY DEVELOPMENT DEPARTMAT
AND CREATION OF THE BUILDING AND SAFETY DEPARTMENT
AND PLANNING DEPARTMENT WITH RESPECTIVE
DEPARTMENT HEADS
[Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: With the appointment of the Community Development Director as the
new Assistant City Administrator, an opportunity exists to reorganize and streamline the
development services functions of the City. The creation of two separate but integrated
departments of Building and Safety and Planning is being proposed. Both Department
Heads will report to the Assistant City Administrator.
Funding Source: Not applicable
Recommended Action: Motions to:
1. "Approve the deletion of the Community Development Department from the City's Table
of Organization and the position of Community Development Director."
2. "Approve the creation of the Building and Safety Department and Planning Department
with their respective Department Heads."
3. "Approve and authorize the Mayor to execute the Agreement between the City of
Huntington Beach and Ross Cranmer to serve as Director of the Department of Building
and Safety."
4. "Approve and authorize the Mayor to execute the Agreement between the City of
Huntington Beach and Howard Zelefsky to serve as Director of the Department of
Planning."
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REQUEST FOR COUNCIL ACTION
MEETING DATE: September 21, 1998 DEPARTMENT ID NUMBER: CD98-44
Alternative Action(s): Deny the proposed re -organization and direct staff accordingly.
Analysis: The proposed reorganization of the development services functions of the City is
intended to streamline the organization and enhance communication among the
Departments which are responsible for processing development projects. The new Assistant
City Administrator will have an expanded role and increased responsibility with respect to the
entire development review process.
The newly created departments of Planning and Building and Safety will continue to function
as an integrated unit through the sharing of resources. Clerical staffing, purchasing and
other common office resources will be shared by the two departments in an effort to maintain
continuity between the departments.
Environmental Status: Not applicable
Attachment(s):
............ ......._.......
.
...................
................
1. Employment Agreement between City of Huntington Beach and Ross
Cranmer, Director of Building & Safety
2. Employment Agreement between City of Huntington Beach and
. Howard Zelefsky. Director of Plannina
RCA Author: Howard Zelefsky
CD98-44 -2- 09/11/98 11:25 AM
EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
HOWARD ZELEFSKY
THIS AGREEMENT is entered into this 21 st day of September, 1998, by and between
the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "the
City," and Howard Zelefsky, an individual, hereinafter referred to as "the Department Head."
WHEREAS, the City Administrator has been empowered to appoint and remove certain
employees, with approval of the City Council; and
The City, through its City Administrator, desires to employ the services of the
Department Head as its Director of Planning; and
It is the desire of the City to provide certain benefits, establish certain conditions of
employment, and to set working conditions of the Department Head; and
It is the desire of the City to:
(1) Secure and retain the services of the Department Head and to provide inducement
for him to remain in such employment;
(2) To provide a means for terminating the Department Head's service at such time as
he may be unable fully to discharge his duties or when the City may otherwise
desire to terminate his employ; and
(3) Provide recognition of the Department Head's previous service as an employee of
City from 1981 to 1986, and from September 1989 to present; and
The Department Head desires to accept employment as Director of Planning of the City;
NOW, THEREFORE, in consideration of the mutual covenants here contained, the
parties agree as follows:
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1. DUTIES. City agrees to employ the Department Head as Director of Planning of
the City to perform the functions and duties of that office as set forth in the Huntington Beach
Municipal Code, and to perform other legally permissible duties and functions as the City .
Administrator shall from time to time assign. The Department Head shall devote his full
attention and effort to the office and perform the mentioned duties and functions in a professional
manner.
2. STATUS AND TERM.
(a) The Department Head shall serve for an indefinite term.
(b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Administrator to terminate the employment of the Department Head at any time,
subject only to the provisions set forth in Section 6, paragraphs (a) and (b) of this Agreement.
(c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the
right of the Department Head to resign at any time from his position with the City, subject only
to the provisions set forth in Section 6, paragraph (a) and (b) of this Agreement.
(d) The Department Head 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
construed to include occasional teaching, writing, consulting, or military reserve service
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performed on the Department Head's time off, and with the advance approval of the City
Administrator.
3. SALARY. City agrees to pay the Department Head for his services rendered
pursuant to this Agreement at Range 579, Step E of the City's classification and compensation
plan or resolutions or ordinances from time to time enacted that govern such compensation.
4. OTHER BENEFITS. In addition to the foregoing benefits, the Department
Head shall also receive all such other benefits including any salary increases that are generally
applicable to non -associated employees (department heads) as of the date of this Agreement, and
as may be amended after the date of this Agreement, including but not limited to health (includes
dental and vision) insurance, life insurance, sick leave, deferred income package, income
protection plan, holidays, vacation, bereavement and family illness leave, and physical
examination and payment of the Department Head's PERS contribution. Except as otherwise
provided in this Agreement, the benefits shall be subject to the rights and restrictions otherwise
applicable to non -safety non -associated employees during the term of this Agreement. The
Department Head shall be credited eight (8) days paid administrative leave per year. The
Department Head's original date of permanent employment with the City is September 21, 1989.
Subsequent to that date, the City has adopted a "two-tier" system for the calculation of retirement
and health benefits. The parties expressly recognize and acknowledge that the Department Head
shall continue to be entitled to the level of benefits as other employees of the City hired prior to
the institution of the "two-tier" benefit system.
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5. ADMINISTRATIVE LEAVE. The City Administrator may place the
Department Head on Administrative Leave with full pay and benefits at any time during the term
of this Agreement.
6. TERMINATION.
(a) The City may terminate this Agreement after providing the Department Head with
a thirty (30) day notice of intention to terminate this Agreement. Such notice can be provided at
any time.
(b) Upon any termination hereof, including the Department Head's resignation as
provided for in Section 2, paragraph (c) herein, the Department Head shall be returned to his
previous position and duties with the City as Planning Director under the terms and conditions
contained in the Memorandum of Understanding between the City and the Management
Employee's Association effective on the date of this Agreement, or as may be amended
subsequent to the date of this Agreement.
7. PERFORMANCE EVALUATION. The City Administrator shall review and
evaluate in writing the performance of the Department Head at least once annually. That review
and evaluation shall be in accordance with specific criteria developed by the City Administrator
in consultation with the Department Head. Those criteria may be added to or deleted from as the
City Administrator may from time to time determine, in consultation with the Department Head.
8. PROFESSIONAL DEVELOPMENT. The City agrees to budget and pay for
professional memberships for the Department Head as normally accorded other department heads
employed by the City, including, but not limited to, the American Planning Association, the
League of California Cities, and other related professional organizations. The Department Head
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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 established
travel policies and procedures.
9. FINANCIAL DISCLOSURE. The Department Head shall report to the City
Administrator any ownership interest in real property within the City of Huntington Beach,
excluding his personal residence. Also, the Department Head 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 Department Head 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, the Department Head 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 whom the City intends to make a
purchase immediately upon notice of the intended work or purchase.
10. INDEMNIFICATION. The City shall defend and indemnify the Department
Head 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 the
Department Head's duties as an employee or officer of the City, other than an action brought by
the City against the Department Head, or an action filed against the City by the Department
Head. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and
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ev-
n a 1 ton, a
lost worktime of the Department Head should the Department Head be subject to such, should an
action be pending after termination of the Department Head. City shall be responsible for and
have authority to compromise and settle any such actions which may arise, with prior
consultation with the Department Head, and pay the amount of any settlement or judgment
rendered on that action. The Department Head shall cooperate fully with the City in the
6.
settlement, compromise, preparation of the defense, or trial of any such action.
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11. GENERAL PROVISIONS
(a) The text here shall constitute the entire Agreement between the parties.
(b) This Agreement shall become effective commencing October 1, 1998.
(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.
IN WITNESS WHEREOF, the City of Huntington Beach has caused this Agreement to
be signed and executed on its behalf by its City Administrator and duly attested by its City Clerk,
and the Department Head has signed and executed this Agreement, both in duplicate, the day and
year first above written.
THE CITY OF HUNTINGTON BEACH:
A California municipal corporation
Mayor
ATTEST:
_Connie Brockway,, City Clerk
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THE DEPARTMENT HEAD:
APPROVED AS TO FORM:
Gait Hutton, City Attorney
RCAIROUTING AEET
INITIATING DEPARTMENT: Administration
SUBJECT: Deletion of Community Development Department and
creation of Building and Safety Department and Planning
Department
COUNCIL MEETING DATE: September 21, 1998
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement Unbudget, over $5,000 Not Applicable
Bonds If applicable) Not Applicable
Staff Report If applicable) Not.Applicable
Commission; Board or Committee Report If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
RCA Author: H. Zelefsky