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Home My WebLink AboutCC Resolution 5543 (Community Projects Coordinator)RESOLUTION NO. 5543 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, with Herbert G. Hotchner a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the 21st following vote, to wit: day of August , 1978 by the AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon E NE M. LEONCINI, Cit Clerk 1/78 -CC 0 71, R '?, I G r I N A L AGREEMENT THIS AGREEMENT, made and entered into this 21st day of August 1978, by and between the CITY OF SAN RAFAEL, a municipal corporation, herein- after referred to as "CITY", and HERBERT G. HOTCHNER, hereinafter referred to as "COMMUNITY PROJECTS COORDINATOR". WITNESSETH: In consideration of mutual convenants and agreements contained herein, the parties hereby agree as follows: 1. The CITY hereby employs HERBERT G. HOTCHNER to serve in the position of COMMUNITY PROJECTS COORDINATOR for a period of three (3) years commencing on the date hereof . 2. HERBERT G. HOTCHNER agrees to perform the services required and as directed by the City Manager of the City of San Rafael, for the position of COMMUNITY PROJECTS COORDINATOR, as set forth in the attached job description in Exhibit "A" and incorporated herein by reference. 3. In consideration of HERBERT G. HOTCHNER performing those services as COMMUNITY PROJECTS COORDINATOR, as required and directed by the City Manager, he will be compensated as follows: $2,600 per month commencing on the date hereof. 4. Prior to July 1st of each succeeding year, the City Council shall review the COMMUNITY PROJECTS COORDINATOR'S salary and may adjust said salary as they shall see fit. However, no reduction shall be made unless there is a decrease in the cost of living index from the preceeding year and said reduction shall not be greater than the percentage decrease as established by said index. 5. Fringe Benefits: The COMMUNITY PROJECTS COORDINATOR shall be entitled to all the hereafter fringe benefits given to other CITY employees. Those benefits which accrued to HERBERT G. HOTCHNER as San Rafael Planning Director shall be continued without diminution or break in force and effect. These benefits are to include but not be limited to those benefits set forth in the Personnel Rules and Regulations and relevant Memorandum of Understanding and Resolutions: a . Medical Insurance. b. Dental Insurance. c. Retirement Benefits. d. Holidays. e. Life Insurance To Maximum of Twice Annual Salary. f. Sick Leave . g. Vacation. h. On Duty Transportation 6. Termination: a. By CITYFor Cause: In the event the COMMUNITY PROJECTS COORDINATOR is discharged by the City Council of the City of San Rafael for cause, he shall not be entitled to any severance pay. Cause shall be limited to those actions set forth in the Personnel Rules and Regulations and dismissal under this paragraph will be governed by the provisions of the Personnel Rules and Regulations. b. By CITY Other Than For Cause: In the event the COMMUNITY PROJECTS COORDINATOR is discharged by the City Council for any reason other than for cause, COMMUNITY PROJECTS COORDINATOR may be dismissed forthwith, but shall be entitled to severance pay for six (6) months to be paid at time the COMMUNITY PROJECTS COORDINATOR ceases working for the CITY. Severance pay to be in addition to those fringe benefits due under the provisions of Paragraph 5. If the City Council requests the COMMUNITY PROJECTS COORDINATOR'S resigna- tion, It shall be treated as a termination requiring the payment of six (6) months severance, and those benefits due under Paragraph 5. This provision for dismissal for "Other Than For Cause" becomes effective only after July 1, 1979. c. By COMMUNITY PROJECTS COORDINATOR: In the event the COMMUNITY PROJECTS COORDINATOR desires to and does serve notice on the CITY of his election to terminate his employment, he shall give the CITY sixty (60) days notice and shall not be entitled to any severance pay nor entitled to any pay for work not performed. However, he shall be accorded those accrued benefits set forth in Paragraph 5. 7. The parties hereto agree that the COMMUNITY PROJECTS COORDINATOR has read, understood and conferred with counsel regarding the agreement and has entered into and executed same freely and voluntarily, without coercion or duress. Further, this agreement has been negotiated based on the validity of City Attorney Opinion dated 21 August 1978 attached as "Exhibit B". COMMUNITY PROJECTS COORDINATOR acknowledges his lateral transfer from the position of Planning Director without loss of benefits as set forth in Paragraph 5. In consideration for this agreement he willingly waives hereunder any and all rights to a hearing, public or otherwise and those attendance procedural due process steps required and set forth in California or Federal law. COMMUNITY PROJECTS COORDINATOR so waives said rights as a complete acknowledgement that the agreement herein in no way constitutes a deprivation of his property rights, present or future, as an employee of the City of San Rafael without due process of law. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. ATTEST: ity Clerk CITY OF SAN RAFAEL, A MUNICIPAL CORPORATION 6�ae B e �L� Y Mayor - 2 - EXHIBIT " COMMUNITY PROTECTS COORDINATOR DEFINITION Within the office of the City Manager and acting under written assignment from, the authority of, and reporting directly to the City Manager, with the widest latitude for independent judgement and initiative, performs assignments of the maximum complexity and difficulty. This shall include but not be limited to intergovernmental and interdepartmental scheduling, programming and coordination; working with business, neighborhood and other citizen organizations; analysis and revision of systems and procedures; the development of processes, plans and the substance of ordinances; and other assignments of a similar nature. EXAMPLES OF DUTIES Organizes the scope of and heads interdepartmental task forces to work on specified problems and assignments; attends meetings and participates as City representative and liaison with Federal, State, regional and local governmental bodies, and takes the lead in coordinating and formulating City responses to their requirements; prepares reports and recommendations on modification to or enactment of ordinances, resolutions, plans, procedures; meets with citizen, business, professional and other non governmental organizations to implement mutual understanding and work out solutions to mutual problems; serves as advisor to the City Manager and City Council. DESIREABLE QUALIFICATIONS Knowledge of theory, principals and practices of municipal planning; budgetary practices; organization, administration, supervision and training; Federal, State and local laws and administrative guidelines relating to municipal government; techniques used in research; and Ability to prepare the substantive portions of ordinances; Formulate policies; coordinate intergovernmental and interdepartmental activities and plans; evaluate development and land use proposals; prepare clear and comprehensive reports. EDUCATION AND EXPERIENCE Equivalent to graduation from an accredited college or university with a B.A. in Public Administration, Business Administration, Political Science, Planning or a related field; and six years of progressively responsible professional city, county or regional governmental experience of which at least four years shall have been in a major supervisory administrative capacity. SPECIAL REQUIREMENTS California drivers license; freedom from color blindness - 3- J -a" 11 L 11 L CITY OF SAN RAFA E L SAN RAFAEL, CALIFORNIA I NTER-DEPARTMENTAL MEMORANDUM DATE: August 21, 1978 TO: Honorable Mayor and City Council Members FROM: William T. Bullard, Jr. , Assistant City Counsel SUBJECT Propriety of Creation of Position Designated as Community Projects Coordinator In conjunction with the creation of the referred position, I feel it is incumbent to give you a legal opinion regarding its propriety. The City Personnel Rules and Regulations, Rule XII, "Changes in Employment Status, Section 1, Transfer" , provides that employees may be transferred from one position to another in the same or comparable class. Implicit within this regulation is the lack of necessity to create an eligibility list and follow the attendant personnel procedure. Additionally, numberous job creations within the city throughout the years have established a consistent and uniform precedent. Therefore, it is my opinion that the creation of the referred position and the lateral transfer of the Planning Director thereto is justifiable and legally proper. Very truly ,yours , ILLIAM., BULLAR , r. WT B/dl