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HomeMy WebLinkAbout14 - Temporary Employee Agreement - PlannerTO: FROM: CITY OF NEWPORT BEACH City Council Staff Report September 13, 2016 Agenda Item No. 14 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Brenda Wisneski, Deputy Community Development Director — bwisneski@newportbeachca.gov PHONE: 949-949-644-3297 TITLE: Temporary Employment Agreement - Planner ABSTRACT: The Community Development Department seeks to obtain authorization to temporarily rehire a retired employee effective October 3, 2016 through October 2, 2017 and not to exceed 960 hours, to assume the duties of a planner. RECOMMENDATION: a) Determine the action is not subject to the California Environmental Quality Act (" CEQA") pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Authorize the City Manager and City Clerk to execute the Temporary Employment Agreement with retired employee Kay Sims to temporarily fill the position of a planner. FUNDING REQUIREMENTS: Adequate funds remain within the approved budget as a result of the anticipated salary savings from the temporary vacancy of an Assistant Planner position plus other salary savings throughout the fiscal year. DISCUSSION: Council Policy F-20 states that the City Council shall review and consider any contract the City enters into with a person formerly employed by the City within the past five years. The Community Development Department seeks to temporarily employ Kay Sims to fill a vacant planning position created by the departure of an Assistant Planner and 14-1 Temporary Employment Agreement - Planner September 22, 2016 Page 2 the unavailability of an Associate Planner who will be on leave during the Agreement term. The City hired a new Assistant Planner in August 2016, but at least three months of training is required before the new Planner is expected to be fully trained. In addition an Associate Planner is scheduled to be on leave beginning October 2016 to March 2017. The combined impact of the loss of productivity of these positions has the potential to greatly impact the level of service offered at the permit counter and in processing discretionary applications. To maintain a high level of quality customer service, staff proposes to retain Kay Sims, a retired planner, on a part-time basis. The City has previously retained Ms. Sims in 2014 and 2015 to serve as an interim planner, when the Planning Division was not fully staffed. Ms. Sims is familiar with the City's codes and programs; therefore, no training would be required. In accordance with Government Code Section 7522.56, the City has met the following requirements: 1. Waited in excess of 180 days since the employee's retirement under PERS rules. 2. Ensured the employee is not earning less than the minimum, nor exceeding the maximum of other employees in the classification. 3. Ms. Sims has certified that she has not received unemployment insurance compensation arising out of prior employment with a public employer during the last 12 months. The Agreement is in compliance with Council Policy F- 20: 1. On October 3, 2016, the City will engage Ms. Sims at $54.26 per hour; the amount is not more than a planner employed by the City. 2. Ms. Sims will not be authorized to work or receive overtime pay. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act (" CEQX) pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Agreement 14-2 ATTACHMENT A POST RETIREMENT TEMPORARY EMPLOYMENT AGREEMENT WITH FLAY SIMS FOR SENIOR PLANNER SERVICES THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT ("Agreement") is made effective as of the 3rd day of October, 2015 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and charter city ("City") and Kay Sims ("Employee") whose mailing address is 21 Belvedere, Aliso Viejo, California 92656 with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City requires temporary Senior Planner services. C. In accordance with Government Code Section 21221(g), Employee's services are being retained by the City because of a leave of absence granted to a person on payroll status for a period not to exceed one (1) year and found by the City to require specialized skills. The temporary employment shall be terminated at the end of the leave of absence. D. The City desires to employ Employee on a provisional "at will" basis and to enter into an Agreement with Employee for temporary Senior Planner employment ("Position") services upon the terms and conditions in this Agreement. E. Employee is willing to accept such temporary employment on the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on October 3, 2016, or earlier as directed, in writing, by the Community Development Director, and shall end October 2nd, 2017, unless terminated earlier as provided herein. 2. SERVICES TO BE PERFORMED BY EMPLOYEE 2.1 Services shall include the following: Senior Planner, as further described in the ,lob Description attached hereto as Exhibit A and incorporated herein by reference. 2.2 All duties shall be performed in compliance with City ordinances, policies, rules and regulations. Employee shall familiarize him or herself with the City's Employee 14-3 Manual. At all times, Employee agrees to perform all set -vices related to Employee's employment hereunder faithfully and diligently and to discharge the responsibilities thereof to the best of Employee's ability, 3. COMPENSATION 3.1 As consideration for the performance of specified services under this Agreement Employee shall be compensated as follows, 3.1.1 Pay of Fifty -Four Dollars and 26/100 ($54.26) per hour for hours worked pursuant to this Agreement. Employee shall be paid on a biweekly basis corresponding to the City's payroll schedule and Employee is subject to State and Federal income tax withholdings. $54.26 per hour shall be considered just compensation and no additional benefits or holiday pay will be provided under this Agreement. 3.1.2 Employee shall maintain and submit complete records of time expended pursuant to this Agreement and corresponding to City's payroll schedule, 4. HOURS 4.1 Hours of work are not guaranteed, Employee's services will be provided on an as needed, per project basis, upon written request of the Department Director or City Manager. Hours of work shall not exceed 30 hours per week. 4.2 It is expressly understood that Employee is a nonexempt Employee and employment is for a provisional, "at wild" position, 4.3 Employee shall not work more than 960 hours during the term of the Agreement in accordance with CalPERS post retirement employment guidelines, The Employee shall be responsible for monitoring the hours worked during these time periods to insure full compliance, 5, ADMINISTRATION This Agreement will be administered by the Community Development Department. City's Community Development Director or designee shall be the Administrator and shall have the authority to act for City under this Agreement. The Administrator shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 6. NOTICES 6.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given In writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. Kav Sims Page 2 14-4 6.2 All notices, demands, requests or approvals from Employee to City shall be addressed to City at: Attn: Kimberly Brandt, AICP Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92669 6.3 All notices, demands, requests or approvals from City to Employee shall be addressed to Consultant at: Kay Sims 21 Belvedere Aliso Viejo, CA 92656 7, TERMINATION 7.1 Employee's employment is "at will" which means that Employee's employment with City may be terminated at any time, with or without cause, by either party by giving 24 hours prior written notice to the other party. 7.2 Provisional Employee shall mean any person who, pursuant to an Appointment, contract or otherwise, performs work that is generally identified in the Annual Budget and is of limited duration or seasonal in nature. 7.3 Employee's employment status cannot be changed except in writing on a form signed by the Department Director, City Manager and Employee. 7,4 Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the temporary position with the City. 7.5 No promises or representations regarding regular, full time or permanent employment status have been made to Employee and Employee has no expectation of permanent employment with the City. Furthermore, Employee has no expectation of Civil Service classification, rights or status under this Agreement. 7.6 Upon termination of this Agreement, the City shall pay to Employee that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 8. EFFECT OF PRIOR AGREEMENTS This Agreement supersedes any prior agreement between the City and the Employee, except that this agreement shall not affect or operate to reduce any benefit or compensation inuring to the Employee of a kind elsewhere provided and not expressly provided in this Agreement - Kay Sims Page 3 14-5 9. OWNERSHIP OF DOCUMENTS Each and every report, draft, map„ record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Employee, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Employee or any other party. 10. CONFIDENTIALITY Employee shall hold and safeguard confidential information in trust for the City and shall not, without the prior written consent of the City, misappropriate or disclose or make available to anyone for use outside the City at any time, either during his employment with the City or subsequent to the termination of his employment with the City for any reason, including, without limitation, termination by the City for cause or without cause, any confidential information, whether or not developed by Employee, except as required in the performance of Employee's duties to the City. All documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 11. CONFLICTS OF INTEREST 11.1 The Employee may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 11.2 If subject to the Act, Employee shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. 12. OUTSIDE ACTIVITIES 12.1 Employee is expected to devote his/her full time, attention and efforts to the performance of his or her assigned duties. An Employee shall not engage in any outside employment or business activities during his/her workday. An Employe: shall not engage in any employment, outside activity, or enterprise that is inconsistent, incompatible or in conflict with, or that interferes with, his/her ability to perform the duties, functions, or responsibilities of his/her Position. 12.2 Employees may obtain and/or maintain employment with persons or entities other than the City or self-employment (outside employment) subject to written approval by the Department Director. Kay Sires Page 4 14-6 13. STANDARD PROVISIONS 13.1 Recitals. City and Employee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement, 13.2 Compliance with all Laws. Employee shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Employee shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Department Director and City. 13.3 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Job Description or any other attachments attached hereto, the terms of this Agreement shall govern. 13.4 Waiver- A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 13.5 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No, verbal agreement or implied covenant shall be held to vary the provisions herein, 13.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 13.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Employee and City and approved as to form by the City Attorney. 13.8 SeverabilitV. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the, remaining provisions of this Agreement shall continue in full force and effect. 13.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 13.10 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to aftomeys'fees, 13.11 Counterparts. This Agreement may be executed in two (2) or more Kay Sims Page 5 14-7 counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Kay Sims Page 6 14-8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. CITY OF NEWPORT BEACH, a California municipal corporation Date:' -f 1 By:,1� Kimbe6 Brandt, AICD Community Development Director APPROVED AS TO FORM: CITY ATTORNE ' OFFICE Date: 3 I By: Aaron C. Harp a311� City Attorney AWIP, ATTEST: Date: Leilani i. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a Californi m nicipal corporation Date: By: 4&ir Dave Kiff City Manager EMPLOYEE: KAY SIMS Date: By: Kay Sims [END OF SIGNATURES] Exhibit A: Job Description Exhibit. B: Post Retirement Temporary Employment Certification Kay Sims Page 7 14-9 EXHIBIT A JOB DESCRIPTION Kay Sims Page A- 1 14-10 City of Newport Beach - Class Specification Bulletin 0 Y OF NEWPORT BEACH Prevision Date: May f, 2009 Page 1 of 3 PLANNER, SENIOR Class Code; 4220 Bargaining Unit: Professional & Technlcal Association ;5—ALAP,Y RANG $38,60 - $54,26 Hourly $3,088.00 - $4,340.80 Biweekly $6,690,57 - $9,405,07 Nlontltly $84,288.00 - $112,860.961 Annually ❑EFI MON: To perform advanced level professional planning work in current or advanced planning; to provide technical and functional supervlslon to professional, technical and clerical planning staff, DI fV61iI8HING CHARACTERMI This is the advanced journey level class to the professional grinning series. Positions assigned to Ms class can he distinguished from lower level planning classes by performance of complex planning tasks requiring a high degree of knowledge related to all areas of current and advance planning and responsibility for an assigned area such as zoning administration, special projects, budget administration, Rousing programs and providfng staff support to the Planning Commission. Positions assignee[ to this class can be further distinguished by the performance of lead supervisory activities such as assigning work, monitoring project ,progress and providing technical assistance and training to tither professional and technlcal staff. SUPERVISION Ri=CeF�1lEDDN[r ExERCISED: Receives direction from the Planning Manager. Exercises technical and functional supervision over professional, technical and clerical staff, ESSEN77AL Q f fIIEES Clunes may Include, but are not limited to, the following; • Develop and present recommendations on various development permits and applications; prepare appropriate reports; • Confer with engineers, developers, architects, a vaneb,I of agencies and the general public in acquiring Information and coordinating planning and zoning matters; provide information regarding City development requirements; • Accept and analyze development applications; prepare appropriate noticing and advertising; attend public hearings and follow up on matters requiring a zoning administration decision; - Interpret and apply environmental quality laws and regulations to ensure that development, City projects and municipal code amendments are In compliance; • Conduct and supervise planning studies In the community to gather data for evaluating current and advance planning projects; • Revlew development proposals and work with developers to reach agreement on acceptable site plans; review various development applications for compliance with appropriate regulations and polfeies, and prepare reports of recommendations; . Develop general plan elements and amendments; prepare long-term planning recommendations, precise plans or complex subdivisions; • Review and process appkatlons for discretionary approvals; prepare Modifications Committee agendas, Committee Findings and conditions; prepare recommendations for Planning Commissfon and City Council; + Perform extensive research regarding implementation of policies established by the general plan, zoning ordinance, Coastal Commission, or other land use and development ordinances; Provide staff support to a variety of boards and commissions; attend and participate In professional groups and committees; Provide information to the public regarding toning, land use and the general ,plan; monitor the pian check activities of Department staff; participate In public meetings as necessary; http:llagency.governmentjobs,coinlnewportbeaclildefault.cfm?action =specblxlletin&a,mp;... 09/30/2016 14-11 City of Newport Beach - Glass Specification Bulletin Page 2 of 3 • Provide lead supervis€on and tech nIca € assistance to professional and technical pianning staff, • May assist In preparing the budget; partleipate In the forecast of additional funds needed for staffing, equipment, materials, and supplies; assist in monitoring and tracking the approved budget; and • Perform related duties as assigned. OUALIFICATIONS To perforin this job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge, skill, and/or ability required. Knowledge of: Modern principles and practices of urban planning and development; Methods and techniques of effective technical report preparation and presentation; Research methods and sources of information related to urban growth and development; Recent developments, current literature and sources of Information related to munlcipal planning and administration; and Pertinent Federal, State and local rules, regulations and ordinances. Ability tp: Analyze site design, terrain constraints, circulation, land use compatibility, utilities and other urban services; Ensure project compliance with Federal, State and local rubs, laws and regulations, Interpret and apply pertinent laws, rules and rag ulations; Prepare and analyze technical and administrative reports, statements and correspondence; Communicate clearly and concisely, both orally and In writing, Appear for work on time; Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; and Establlsh and maintain cooperative working relationship with those contacted In the course or work. This position may be required to work overtime flours as needed. EAERIENCE & TRAININQ AND LECENNEE/gEMEICATEE, A combination of experience and training that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtaln the knowledge and abilities would be: Exnerlence: Three years of responsible professional urban planning experience. Irainjag., Equivalent to a Bachelor's degree from an accredited college or university with major course work In planning, public or business administration or a related field. License/Certif€cate: Possession of, or ability to obtain, an appropriate, valid California driver's license, Additional Requirement; Candidates deemed most qualified, as reflected in their application materials, w€li be Invited to continue In the recruitment process. At that time, background information will be requested From the candidates. Prior to employment, the prospective candidate incrust successfully complete a thorough background review, including being fingerprinted by the Newport Beach Police Department. The resulting report of your conviction history, (if any), will be evaluated along with the other Information received In connection wlth your application. Except as otherwise required by law, a criminal conviction will not necessarily disqualify you from the position. The nature, date, surrounding circumstances, and the relevance of the offense to the position applied for may, however, be considered. http:llagerlcy,gone=entjobs,comincwportbeachldefailit,cfTn?action=speebu let n&.,. 08/30/2016 14-12 City of Newport Beach - Class Specification Bulletin Page 3 of 3 Disaster Service Worker. In accordance with Government Code Secdon 31¢0, City of Newport Beach Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond according{y. liitp:llagency.go-vernmenobs.cominewportbeachldcfault.cfm?action—speebulletin&... 08/30/2016 14-13 EXHIBIT B POST RETIREMENT TEMPORARY EMPLOYMENT CERTIFICATION The City of Newport Beach ("City") and Kay Sims ("Employee") are contemplating entering a post-retirement temporary employment agreement ("Agreement") for temporary Senior Planner services within the Community Development Department. Employee acknowledges that she will adhere to the following temporary employment requirements: • Employee shall not work more than 960 hours with all CalPERS, employers combined during each City fiscal year in accordance with CaIPERS post retirement employment guidelines. • The Employee shall be responsible for monitoring the hours worked during each City fiscal year to ensure full compliance. Further, the Employee certifies the following: 1, Kay Sims, certify that I have not received any unemployment insurance compensation arising out of prior employment with a public employer during the last twelve (12) months. I understand that if I am receiving a pension benefit from a public retirement system and have received any unemployment insurance compensation arising out of prior employment with a public employer during the last twelve (12) months, I am not eligible to serve or be employed by the City of Newport Beach pursuant to Government Code Section 7522.56(e)(1)." Kay Sims, Temporary Employee Date Kay Sims B-1 14-14