HomeMy WebLinkAbout12 - Temporary Employment Agreement for a Senior Civil Engineer - Plan CheckQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
October 12, 2021
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Samir Ghosn, Deputy Community Development Director/ Chief
Building Official, sghosn@newportbeachca.gov
PHONE: 949-644-3277
TITLE: Temporary Employment Agreement for a Senior Civil Engineer —
Plan Check
ABSTRACT:
For the City Council's consideration is a temporary employment agreement with Soon
Cho, a retired City of Newport Beach (City) employee, to assume the duties of a Senior
Civil Engineer to provide plan check services in the Building Division. The proposed
agreement would be effective October 12, 2021 through September 30, 2022, and would
not exceed 960 hours.
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 Mayor and Community Development Director to execute the Temporary
Employment Agreement with Soon Cho to temporarily fill the position of a Senior Civil
Engineer — Plan Check.
DISCUSSION:
Council Policy F-14 requires the City Council to consider any contract with a person
formerly employed by the City of Newport Beach (City) within the past five years. The
Community Development Department seeks to temporarily employ Soon Cho on a part-
time basis to assist the department due to the vacancy of one, full-time Senior Civil
Engineer, and a surge in development activity due to low interest rates. Soon would assist
the Building Division by providing plan check services during the recruitment and training
of a new Civil Engineer. Mr. Cho was a long -tenured and well-respected City employee.
He worked for the City for over 12 years and is very familiar with the City's policies, codes,
procedures and staff. He retains the necessary knowledge, skills and training to perform
the anticipated duties to help the department maintain a high level of customer service.
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Temporary Employment Agreement for a Senior Civil Engineer, Plan Check
October 12, 2021
Page 2
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. The employee has certified that he has not received unemployment insurance
compensation arising out of prior employment with a public employer during the last
12 months.
The Agreement complies with Council Policy F-14 and PERS rules:
1. On October 12, 2021, the City will engage with Mr. Cho at $70.92 per hour; the amount
does not exceed the maximum of other City employees in the classification.
2. The employee will not be authorized to work or receive overtime pay.
FISCAL IMPACT:
The FY 2021-22 department budget and salary savings due to the vacant Senior Civil
Engineer position will fund this agreement. The agreement will be expensed to the
Community Development Department, Part Time Salaries Account No. 0105042-711003.
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
POST RETIREMENT
TEMPORARY EMPLOYMENT AGREEMENT
WITH SOON CHO FOR SENIOR CIVIL ENGINEER SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
("Agreement') is made effective as of the 12th day of October 2021 ("Effective Date"), by
and between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City") and SOON CHO ("Employee") whose mailing address is 127 Toretta,
Irvine, California 92602, 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 Civil Engineer 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 Senior Civil Engineer 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:
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The term of this Agreement shall commence on October 12, 2021, or earlier as
directed, in writing, by the Community Development Director, and shall end September
30, 2022, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Senior Civil Engineer, 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 Seventy Dollars and 921100 ($70.92) 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. $70.92 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
CaIPERS post retirement employment guidelines. The Employee shall be responsible for
monitoring the hours worked during these time periods to ensure full compliance. loyee 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 ensure full compliance.
Soon Cho Page 2
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S. 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.
6.1 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:
Soon Cho
127 Toretta
Irvine, CA 92602
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.
Soon Cho Page 3
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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.
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.
Soon Cho Page 4
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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
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.
Soon Cho Page 5
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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
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]
Soon Cho Page 5
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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 ATTORNEY'S OFFICE
Date: ocl/.��/La'
By: (}
rcn C. Harp al
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
Exhibit A: Job Description
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
EMPLOYEE: Soon Cho
Date-
By-
Soon
ate:By:Soon Cho
[END OF SIGNATURES]
Soon Cho Page 7
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EXHIBIT A
JOB DESCRIPTION
Soon Cho Page A_ I
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919121, 10:46 AM
City of Newport Beach - Class Specification Bulletin
CIVIL ENGINEER, SENIOR
��City of Newport Beach
Class Code:
400098
Bargaining Unit: Professional & Technical Association
CrTY OF NEWPORT BEACH
Revision Date: Iul 30, 2014
SALARY RANGE
$51,71 - $72,74 Hourly
$4,136.77 - $5,819,04 Biweekly
$8,963.00 - $12,607.92 Monthly
$107,555.97 - $151,295.04 Annually
DEFINITION:
To perform advanced level professional engineering work in an area of assignment; to provide
technical and some direct supervision to professional and technical engineering staff; and to
provide responsible staff assistance to management staff.
DISTINGUISHING CHARACTERISTICS: This is the beginning level tech nicallsupervisor
class in the registered professional engineering series. Positions assigned to this class can be
distinguished from lower level engineering classes by performance of complex engineering
tasks requiring a high degree of knowledge related to all areas of design, plan review and
contract administration. Positions assigned to this class can be further distinguished from
lower level engineering classes by the performance of lead supervisory activities such as
assigning work, monitoring project progress and providing technical assistance and training to
other professional and technical staff. This class can be distinguished from higher level
engineering classes by limited supervisory responsibility for an assigned section and by
assignment of less complex projects.
SUPERVISION RECEIVED AND EXERCISED: Receives direction from higher level
management staff. Exercises technical and functional supervision over professional, technical
and clerical staff. May exercise direct supervision over assigned professional staff.
ESSENTIAL DUTIES:
The following essential functions are typical for this classification. Incumbents may not
perform all of the listed functions and/or may be required to perform additional or different
functions from those below, to address business needs and changing business practices:
• Provide lead supervision to professional and technical engineering staff; assign daily work
and monitor work progress; evaluate work in progress and provide training and technical
assistance;
• Plan work schedules and project assignments;
• Resolve work problems and interpret administrative policies to subordinates, other
departments, consultants, contractors and the public;
• Coordinate Section activities with those of other departments and outside agencies and
organizations;
• Provide information to the public; respond to and resolve citizen inquiries and complaints
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9/9/21, 10:46 AM City of Newport Beach - Class Specification Bulletin
• Plan, organize, evaluate, and participate in the functions and activities of the section to
which assigned including design, cooperative projects, plan review and capital improvement
projects;
• Assist in negotiation of right of way agreements, professional services agreement, and
cooperative agreements;
• Prepare requests for proposals, and contracts for consulting services; review and check
plans of consulting engineers and private contractors; make technical engineering decisions
and establish technical criteria;
• Provide information to the public; respond to and resolve citizen inquiries and complaints;
• Process and coordinate underground utility districts with service providers, engineers and
property owners; coordinate construction inspection of projects; process records of
easements, rights-of-way easements, records of survey and certificates of compliance;
• Check plans for complex projects to determine compliance with applicable codes; check
engineering methods used in building design and verify accuracy of structural calculations;
check plans and reports for conformance with subdivision improvement plans; tract and
parcel maps; grading, street improvement, storm drains, underground utility and landscape
plans, drainage and soils reports and other applicable criteria; review City Encroachment
Permits, Street Closure Permits, site plans, Special Events Permits and Caltrans
encroachment permits for conformance with City standards and state and federal regulations;
• Calculate the quantity, quality and cost of materials; prepare plans and specifications related
to assigned project;
• Coordinate or perform the construction inspection of assigned projects, ensure conformance
with contract plans, specifications and applicable codes; approve progress payments;
approve change orders as needed;
• Administer, design, and review assigned projects; ensure compliance with codes and local
regulations;
• Direct the preparation and filing of deeds, maps and legal descriptions as needed;
• Process assessment district proceedings for Public Works projects;
• Regularly and predictably attend work; and
• Perform related duties as assigned.
QUALIFICATIONS:
To perform 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:
Principles and practices of civil engineering;
Pertinent Federal, State and local rules, regulations and ordinances;
Recent developments, current literature and sources of information regarding civil and
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919!21, 10:46 AM
City of Newport Beach - Class Specification Bulletin
structural engineering;
Basic principles and practices of project management;
Principals of supervision and training; and
Methods, materials, and techniques used in the construction of public works projects.
Abilityto:
Prepare plans and drawings neatly and accurately;
Make engineering design computations and check, design, and prepare engineering plans;
Understand and interpret engineering construction plans, specifications and other contract
documents.-
Perform
ocuments;Perform technical research and solve difficult engineering problems;
Manage a broad range of engineering projects including supervision of professional, technical
and consulting staff;
Prepare contracts, agreements, specifications and contract documents;
Conduct comprehensive engineering studies and prepare reports with appropriate
recommendations;
Ensure project compliance with State, Federal and local rules, laws and regulations;
Prepare and monitor a program budget;
Interpret and apply pertinent laws, rules and regulations;
Provide lead supervision and training to assigned personnel;
Communicate clearly and concisely, both orally and in writing; 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 & EDUCATION AND LICENSE/CERTIFICATE:
A combination of experience and education that would likely provide the required knowledge
and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be:
Experience: Four years of increasingly responsible professional civil engineering experience
including some project management responsibilities.
Education: Equivalent to a Bachelor's degree from an accredited college or university with
major course work in civil engineering or a related field.
License/Certificate: Due to the performance of some field duties which require the operation
of a personal or City vehicle, a valid and appropriate California driver's license and an
acceptable driving record are required.
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919121, 10:46 AM City of Newport Beach - Class Specification Bulletin
Possession of a Certificate of Registration as a professional civil engineer in the State of
California.
Please Note: Candidates deemed most qualified, as reflected in their application materials,
will be invited to continue in the recruitment process. The prospective candidate must
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 with 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.
Disaster Service Worker: In accordance with Government Code Section 3100, City of
Newport Beach Employees, in the event of a disaster, are considered disaster service
workers and may be asked to respond accordingly.
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