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
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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
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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
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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.
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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
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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.
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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
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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
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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:' -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
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EXHIBIT A
JOB DESCRIPTION
Kay Sims
Page A- 1
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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;
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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.
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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.
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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
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