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HomeMy WebLinkAboutStaff Report 330-09TO: HONORABLE CITY COUNCIL FROM: CITY MAl~AGER DEPARTMENT: CITY MANAGER'S OFFICE DATE: JULY 27,2009 CMR:330:09 REPORT TYPE: CONSENT SUBJECT: Confirmation of Appointment of Curtis Williams as Director of Planning/Community Environment and Approval of At-Will Employment Contract RECOMMENDATION The City Manager recolmnends that the City Council confirm the appointlnent of CUliis Willialns as Director of Planning/ColTIlnunity Environment and approve the at-will elnploYlnent agreelnent (Attached). BACKGROUND Municipal Code Section 2.08.020 requires that the City Council confinn the City Manager's appoinnnent of City departlnent heads. DISCUSSION The City Manager is recolTIlnending appointlnent of Curtis WillimTIs to replace Steve Elnslie as Director of Planning/Colnmunity Environment. Mr. WillialTIs brings 30 years of professional planning experience to the Director position, prilnarily working at the local govermnent level. He has served Palo Alto as the Interiln Director of Planning for the past 14 Inonths, and was previously the Assistant Director for Inore than two years. Mr. Williams is highly falniliar with the planning and transportation issues facing the City, with the Palo Alto cOlmnunity, boards, cOlTIlnissions, and the City Council. He is a conSUlnmate professional. He holds a Master's Degree in Urban and Regional Planning from UCLA and is a InelTlber of the Alnerican Institute of Certified Planners (AICP). CMR:330:09 Page 10f2 RESOURCE IMPACT The annual control point for the Director Planning/Colmnunity Enviromnent position is $165,630. The attached at-will elnploYll1ent for Mr. Willialns reflects that salary level, and all other tenns are consistent with the at-will agreelnent telnplate that the Council approved in 2004 when it transitioned to an at-will systeln for new departlnent heads. POLICY IMPLICATIONS This recolmnendation is consistent with existing City policies. ATTACHMENT ElnploYlnent Agreelnent Between Curtis Willialns and the City of Palo Alto D~A~MmTHMD: ____ ·~~~~~~~.~/,~·~~~~~ ___ _ Russ Carlsen Director of HUlnan Resources CITY MANAGER APPROVAL:_------;;;\)~"'""'< :;--_Q.:::::::.....;:_~_G ___ · __ ... __ _ J alnes Kee"lle City Manager CMR:330:09 Page 20f2 EMPLOYMENT AGREEMENT BETWEEN CURTIS WILLIAMS AND CITY OF PALO ALTO THIS is between the City of Palo Alto, a California Inunicipal corporation and chartered city ("City") and Curtis Williams, its Director of Planning and Con1munity Environment ("Willian1s"). It is effective on July 28, 2009. This Agreelnent is entered into on the basis of the following facts, among others: A. City, acting by and through its duly appointed City Manager and with the approval of its duly elected City Council, desires to employ Williams as its Director of Planning and Comn1unity Environment subject to the terms and conditions set forth in this Agreement, the Palo Alto Municipal Code and in the Charter of the City of Palo Alto (the "Charter"). B. Williams desires to be employed by the City as its Director of Planning and Community Environment, subject to the terms and conditions set forth in this Agreement, the Palo Alto Municipal Code, and in the Charter. C. City and Williams desire to establish specific terms and conditions relating to compensation and benefits, performance evaluations, and related matters. D. Notwithstanding any provision of the City of Palo Alto Merit System Rules and Regulations, the City desires Williams to serve on an at-will basis, with no expectation of continued employn1ent, and with no right to pre-or post-separation due process or appeal. E. Williams desires a predictable amount of severance notice and severance pay should his employment be terminated with or without cause or notice. BASED UPON THE FOREGOING, CITY AND WILLIAMS AGREE AS FOLLOWS: 1. Employment. City will appoint and employ Willian1s as Director of Planning and Community Environment with the City of Palo Alto and Williams will accept the appointment and employment for the City for an indefinite term to begin on July 28, 2009. In the event Williams does not actually report for or commence work on July 28, 2009, the Elnploytnent Start Date will be the date, if any, as otherwise mutually agreed by the parties. 2. Duties of Williams. Williams shall perfonn the duties established for the Director of Planning and Community Environn1ent by the Charter, Palo Alto Municipal Code, direction of the City Manager, or as otherwise provided by law, ordinance, or regulation. 2.1. Full Energy and Skill. Williams shall devote his full energy, skill, ability, and productive time to the performance of his duties. -1- 090722 mb 8261093 2.2. Willian1s shall not engage in any employment, activity, consulting service, or other enterprise, for compensation or otherwise, which is actually or potentially in conflict with, inimical to, or which interferes with the performance of his duties. Williams acknowledges that he is subject to the various conflict of interest requirements found in the California Government Code and state and local policies and regulations. 2.3. Williams shall not engage in any employn1ent, activity, consulting service, or other enterprise, for compensation or otherwise, without the express, written permission of the City Manager. 3. Compensation. While performing the duties of Director of Planning and COlnn1unity Environment, Williams shall be compensated as provided in this Section 3. 3.1. COlnpensation. Williams shall receive an initial base annual salary of one hundred sixty five thousand six hundred thirty thousand dollars ($165,630.00) commencing on the effective date of the contract. 3.2. Salary Adjustments. Not less than once each year, the City Manager shall meet with Williams for the express purpose of evaluating the performance of Williams. The City Manager will act in good faith in detern1ining whether to increase the salary of WilliaJns, but the ultimate decision in this regard is within the sole discretion of the City Manager. 3.3. Variable Management Compensation. If a Variable Management COlnpensation (HVMC") program is provided in any given year, Williams shall be entitled to receive VMC pursuant to the terms of a City Council approved managen1ent compensation plan. 4. Regular Benefits and Allowances. Williams will be eligible for, and shall receive, all regular benefits (i.e., health insurance, PERS contribution paid by City, etc.) and vacation, sick leave, and management leave as are generally provided to management employees pursuant to the City Council-approved Management Compensation Plan. 4.1 Transportation Allowance. Williams shall receive a transportation allowance as provided in the City Council-approved Management Compensation Plan. 5. Additional Expenses of Employment. City shall pay the following usual and customary employment expenses: 5.1. The cost of any fidelity or other bonds required by law for Williams. 6. Williams understands and agrees that he has no constitutionally protected property or other interest in his employment as Director of Planning and Community Environlnent. He understands that notwithstanding any provision in the Merit Systeln Rules and Regulations, he has no right to pre-or post-disciplinary due process. understands and agrees that he works at the will and pleasure of the City Manager and that he may be terminated, or asked to resign, at any tilne, with or without cause, upon 30 days written -2- 090722 mb 8261093 notice to Williams. Willimns Inay tern1inate this agreement upon 30 days written notice to the City Manager. 6.1. Severance Pay. If Williarns is asked to resign or is tenninated as Director of Planning and COlnmunity Environlnent, he shall receive a cash severance payment, or payments (without interest) at intervals specified by Williams, equaling 6 months salary and benefits. 6.2. Non-Payment of Severance Under Certain Conditions. If the tennination of Williams is the result of conviction of a felony, he shall not be paid any severance pay. 7. Miscellaneous. 7.1. Notices. Notices given under this Agreement shall be in writing and shall be either: a) served personally; or b) sent by facsilnile (provided a hard copy is mailed within one (1) business day); or c) delivered by first-class United States Inail, certified, with postage prepaid and a return receipt requested; or d) sent by Federal Express, or some equivalent private n1ail delivery service. Notices shall be deen1ed received at the earlier of actual receipt or three (3) days following deposit in the United States Inail, postage prepaid. Notices shall be directed to the addresses shown below, provided that a party may change such party's address for notice by giving written notice to the other party in accordance with this subsection. CITY: WILLIAMS: Attn: City Manager City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 95901 Phone: (650) 329-2226 FAX: (650) 328-3631 Curtis Williams 250 Harnilton Avenue Palo Alto, CA 94301 Phone: (650) 329-2241 FAX: (650) 329-2154 7.2. Entire Agreement/ Amendlnent. This Agreement constitutes the entire understanding and agreen1ent between the parties as to those matters contained in it, and supersedes any and all prior or contemporaneous agreements, representations and understandings of the parties. This Agreement Inay be amended at any time by Inutual agreement of the parties, but any such amendment must be in writing, dated, and signed by the parties and attached hereto. 7.3. Applicable Law and Venue. This Agreement shall be interpreted according to the laws of the State of California. Venue of any action regarding this Agreelnent shall be in the proper court in Santa Clara County. -3- 090722 mb 8261093 7.4. Severability. In the event any portion of this Agreement is declared void, such portion shall be severed frOln this Agreement and the remaining provisions shall remain in effect, unless the result of such severance would be to substantially alter this Agreelnent or the obligations of the parties, in which case this Agreement shall be ilnmediately tenninated. 7.5. Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties. 7.6. Representation by Counsel. Williams and City acknowledge that they each did, or had the opportunity to, consult with legal counsel of their respective choices with respect to the matters that are the subject of this Agreement prior to executing it. 7.7. Section Headings. The headings on each of the sections and subsections of this Agreement are for the convenience of the parties only and do not limit or expand the contents of any such section or subsection. Dated: ---------------------- Dated: ---------------------- Attest: City Clerk Approved as to FOnTI: By: Sr. Deputy City Attorney 090722 mb 8261093 CITY OF PALO ALTO By \).Q-C ~ City Manager DIRECTOR OF PLA1\TNING & COMMUNITY ENVIRONTYIENT Curtis Williams " -4-