HomeMy WebLinkAbout14 - Temporary Employment Agreement for a Principal PlannerQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
June 23, 2020
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jim Campbell, Deputy Community Development Director,
jcampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Temporary Employment Agreement for a Principal Planner
/_1 16"t I:7_T91 6
The Community Development Department seeks to obtain authorization to temporarily
rehire a retired employee effective June 24, 2020, through June 30, 2021 to assume the
duties of a Principal Planner. For City Council's consideration is a Temporary
Employment Agreement with a former City employee who has retired.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Authorize the Community Development Director and City Clerk to execute the
Temporary Employment Agreement (Agreement) with retired employee Rosalinh Ung
to temporarily fill the Principal Planner position.
FUNDING REQUIREMENTS:
The FY 2020-21 budget and salary savings due to the vacant Principal Planner position
will fund this agreement. The agreement will be expensed to the Community Development
Department professional services account No. 01050501-811008.
DISCUSSION:
Council Policy F-14 requires the City Council to consider any contract with a person
formerly employed by the City within the past five years. The Community Development
Department (CDD) seeks to temporarily employ Rosalinh Ung on a part time basis to
assist CDD due to the retirement of a Principal Planner. She would assist CDD by
providing typical planning services during the recruitment and training of a new Principal
Planner to fill the vacancy.
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Temporary Employment Agreement for a Principal Planner
June 23, 2020
Page 2
Ms. Ung was a long -tenured and well-respected City employee with close to 30 years in
the profession. She worked for the City for nearly 20 years until retiring on September 17,
2019. Ms. Ung is very familiar with the City's plans, codes, procedures, and knows the
current CDD staff. She retains the necessary knowledge, skill and training to perform the
anticipated duties to help CDD maintain a high level of customer service and no training
will 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. Ung 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-14 and PERS rules. If the
Agreement is approved by the City Council, then CDD will engage with Ms. Ung at a rate
of $63.96 per hour which is not more than a Principal Planner employed by the City. Ms.
Ung will not be authorized to work or receive overtime pay.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 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 — Temporary Employment Agreement
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Attachment A
Temporary Employment Agreement
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POST RETIREMENT
TEMPORARY EMPLOYMENT AGREEMENT
WITH ROSALINH UNG FOR PRINCIPAL PLANNER SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
("Agreement") is made effective as of the 23rd day of June, 2020 ("Effective Date"), by
and between the City of Newport Beach, a California municipal corporation and charter
city ("City") and ROSALINH UNG ("Employee") whose mailing address is PO Box 4999,
Irvine, California 92616, 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 Principal Planning services.
C. In accordance with Government Code Section 21224(a), a retired person may
serve without reinstatement from retirement or loss or interruption of benefits
provided by this system upon appointment by the appointing power of a state
agency or public agency employer either during an emergency to prevent stoppage
of public business or because the retired person has specialized skills needed in
performing work of limited duration. These appointments shall not exceed a
combined total of 960 hours for all employers each fiscal year. The compensation
for the appointment shall not exceed the maximum monthly base salary paid to
other employees performing comparable duties as listed on a publicly available
pay schedule divided by 173.333 to equal an hourly rate. A retired person
appointed pursuant to this section shall not receive any benefit, incentive,
compensation in lieu of benefits, or other form of compensation in addition to the
hourly pay rate. A retired annuitant appointed pursuant to this section shall not
work more than 960 hours each fiscal year regardless of whether he or she works
for one or more employers.
D. The City desires to employ Employee on a provisional "at will" basis and to enter into
an Agreement with Employee for temporary Principal 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 .
ollows:1. TERM
The term of this Agreement shall commence on June 23, 2020, or earlier as
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directed, in writing, by the Community Development Director, and shall end June 30,
2021, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Principal Planner, as further described in
the Job 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
Manual. At all times, Employee agrees to perform all services 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 Sixty -Three Dollars and 961100 ($63.96) per hour for hours
worked pursuant to this Agreement. Employee shall be paid on a bi-weekly basis
corresponding to the City's payroll schedule and Employee is subject to State and Federal
income tax withholdings. $63.96 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 will" position.
4.3 Notwithstanding any federal and state laws, regulations or orders, 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.
Rosalinh Ung Page 2
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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.
6.2 All notices, demands, requests or approvals from Employee to City shall be
addressed to City at-
Attn: Seimone Jurjis
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
6.3 All notices, demands, requests or approvals from City to Employee shall be
addressed to Consultant at:
Rosalinh Ung
PO Box 4999
Irvine, CA 92616
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
Rosalinh Ung Page 3
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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.
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 Employee shall not engage
Rosalinh Ung Page 4
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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.
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 Severability. 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
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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 attorneys' fees.
13.11 Counterparts. This Agreement may be executed in two (2) or more
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]
Rosalinh Ung
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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:
By:
Seimone Jurjis
Community Development Director
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: � if 12,CD-2,0
By: tiro
Fob. Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
Exhibit A: Job Description
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
EMPLOYEE: Rosalinh Ung
Date-
ate:
By-
By:
Rosalinh
Rosalinh Ung
[END OF SIGNATURES]
Rosalinh Ung Page 7
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EXHIBIT A
JOB DESCRIPTION
Rosalinh Ung
Page A- 1
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CITY OF NEWPORT BEACH
PRINCIPAL PLANNER
DEFINITION: To perform a wide variety of advanced level duties related to urban
planning and the coordination of planning and development projects to ensure
compliance with Federal, State and local regulations governing planning and the
environment; and to provide responsible staff assistance to the Deputy Community
Development Director.
DISTINGUISHING CHARACTERISTICS: This is the technical/supervisory level class
in the professional planning series. Positions at this level are distinguished from other
classes within the series by the level of responsibility assumed and the complexity of
duties assigned to classes within this series including review, coordination and analysis
of major or complex projects, preparation of environmental impact and traffic studies
and reports, and supervision of outside consultants and Department staff involved in the
preparation of special studies, environmental impact studies and traffic studies.
Employees at this level are required to be fully trained in all procedures related to
assigned area of responsibility and to supervise a section or area of specialization.
SUPERVISION RECEIVED AND EXERCISED: Reports to the Deputy Community
Development Director and may receive direction from the Community Development
Director and/or Planning Manager. Exercises direct technical and functional supervision
over professional, technical, consultant and clerical staff
EXAMPLES OF ESSENTIAL DUTIES: Duties may include, but are not limited to, the
following:
Essential Job Duties
• Administer the California Environmental Quality Act; advise other departments on
compliance and prepare or supervise the preparation of environmental documents
as necessary for Departmental projects and projects of other departments;
• Analyze and develop recommendations on complex planning, zoning and
development proposals;
• Act as liaison for projects involving intergovernmental coordination, review other
agencies' environmental impact reports for potential impact to the City;
• Research a variety of environmental issues related to advance and current
planning activities;
• Prepare special reports and/or supervise the performance of professional staff or
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Principal Planner City of Newport Beach
Page 2
outside consultants in the preparation of specialized planning reports including
environmental impact reports and traffic studies;
• Ensure project compliance with all regulations and policies governing development
and the protection of the environment;
• Prepare scope of services and administer contracts of outside consultants retained
by the City to prepare environmental documents;
• Attend a variety of meetings to explain projects and documents of a specialized
nature;
• Provide technical assistance to individuals, citizen committees, City Council,
Planning Commission and other City Departments;
• Develop and present recommendations related to the environmental impact of
various projects; prepare appropriate reports and presentations;
• Confer with engineers, developers, architects, a variety of agencies and the
general public in acquiring information and coordinating planning and zoning
matters; provide information regarding City development requirements;
• Provide direct supervision and technical assistance to professional and technical
planning staff in the preparation of a variety of planning and special studies;
conduct performance evaluations;
• May investigate, conduct administrative public hearings, and render decisions on
administrative discretionary applications;
• May assist in preparing the budget; participate in the forecast of additional funds
needed for staffing, equipment, materials, and supplies; assist in monitoring and
tracking the approved budget;
• Remain current in the planning principles, practices, and techniques through
continuing education; and
• Perform related duties as assigned.
QUALIFICATIONS:
Knowledge of:
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Principal Planner
Page 3
City of Newport Beach
Modern principles and practices of current and/or advanced local government
planning and development with particular emphasis on environmental protection;
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
municipal planning and administration;
Principles, practices, and techniques of project management;
Methods and techniques of scheduling work assignments to ensure assignments
are completed in an efficient and timely manner;
Contract negotiation and administration;
Pertinent Federal, State and local rules, regulations and ordinances; and
Principles and practices of supervision, training, performance evaluation, and
personnel management.
Ability to:
Work under minimum supervision and provide lead direction, coordination and
supervision of staff;
Analyze proposed projects for compliance with environmental regulations and
develop appropriate recommendations to decision -makers and department
management;
Ensure project compliance with Federal, State and local rules, laws and
regulations particularly those pertaining to environmental protection;
Administer the contracts of outside consultants and evaluate quality of work and
ensure assignments are completed in an efficient and timely manner;
Interpret and apply pertinent laws, rules and regulations;
Prepare and analyze technical and administrative reports, statements and
correspondence;
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Principal Planner
Page 4
City of Newport Beach
Supervise planners and clerical staff and insure assignments are completed in an
efficient and timely manner;
Conduct performance evaluations;
Assist with budget development and monitoring;
Negotiate and oversee contracts and manage the work of consultants;
Exercise sound independent judgment within established procedure guidelines;
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
Establish and maintain cooperative working relationship with those contacted in
the course of work.
This position may be required to work overtime hours as needed.
EXPERIENCE AND TRAINING: Any combination of experience and training
that would likely provide the required knowledge and abilities is qualifying. A
typical way to obtain the knowledge and abilities would be:
Experience: Four years of responsible professional current and/or
advanced local government planning experience including some experience
in the preparation or review of environmental documents.
Training: 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 OR CERTIFICATE: Possession of, or ability to obtain, an appropriate,
valid California driver's license.
Bargaining Group — Key & Mgmt
Approved by Council 1108108
Revised (mwd): 12/7/17
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