HomeMy WebLinkAbout10 - Temporary Employment Agreement - Planner CTY OF
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NEWPORT BEACH
City Council Staff Report
September 22, 2015
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director— (949) 644-3226,
kbrandt@newportbeachca.gov
PREPARED BY: Brenda Wisneski, Deputy Community Development Director
PHONE: 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 1, 2015 through June 30, 2016 and not to exceed 960 hours, to assume the
duties of a planner.
RECOMMENDATION:
Authorize the City Manager 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 salary savings from the resignation of an
Associate Planner.
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 Associate Planner.
The City has initiated the recruitment process for the Associate Planner, but it could take up to three
months to fill the position. The duties of an Associate Planner include management of several complex
projects. The loss of any planner has the potential to slow the discretionary permitting process and
increase the workload of other planners. To maintain a high level of quality customer service, staff
proposes to retain Kay Sims, a retired planner. The City retained Ms. Sims in 2014 and 2015 to fill staff
shortfalls during those periods, so she is familiar with the City's codes and programs. No training would be
required.
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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 twelve (12) months.
The Temporary Employment Agreement is in compliance with Council Policy F-20:
1. On October 1, 2015, the City will engage Ms. Sims at $52.08 per hour, the amount not more than a
planner employed by the City.
2. She will not be authorized to work or receive overtime pay.
ENVIRONMENTAL REVIEW:
This 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.
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).
ATTACHMENTS:
Description
Attachment A-Agreement
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ATTACHMENT A
POST RETIREMENT
TEMPORARY EMPLOYMENT AGREEMENT
WITH KAY SIMS FOR ASSISTANT PLANNER SERVICES
THIS AGREEMENT FOR POST RETIREMENT TEMPORARY EMPLOYMENT
("Agreement') is made effective as of the 1st 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 City.
B. City requires temporary Assistant Planner services.
C. In accordance with Government Code Section 21221(h), Employee's services are
being retained by the City because of a planner position vacancy for a period not to
exceed one (1) year and found by the City to require specialized skills. The
temporary employment shall be terminated once the vacant position has been filled.
D. The City desires to employ Employee on a provisional "at will" basis and to enter
into an Agreement with Employee for temporary Assistant 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 1, 2015, and shall end
June 30, 2016, unless terminated earlier as provided herein.
2. SERVICES TO BE PERFORMED BY EMPLOYEE
2.1 Services shall include the following: Provide planning services at the City's
Permit Center counter, including performing plan check review and other planning
responsibilities, as needed, 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.
Kay Sims Page 1 10-3
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-Two Dollars and 081100 ($52.08) 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. $52.08 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 shall 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 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 insure full compliance.
5. ADMINISTRATION
This Agreement shall 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 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:
Kay Sims Page 2 10-4
Attn: Kimberly Brandt, AICP
Community Development Director
100 Civic Center Drive
Newport Beach, CA 92660
6.3 All notices, demands, requests or approvals from City to Employee shall be
addressed to City 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 specked 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
Kay Sims Page 3 10-5
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 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 regulations and be subject to
Kay Sims Page 4 10-6
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 the 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
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 attorney's 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 NEXT PAGE]
Kay Sims Page 5 10-7
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates below.
CITY OF NEWPORT BEACH, CITY OF NEWPORT BEACH,
A California municipal corporation a California municipal corporation
Date: Date:
By: By:
Kimberly Brandt, AICP Dave Kiff
Community Development Director City Manager
APPROVED AS TO FORM: EMPLOYEE: Kay Sims
OFFICE OF THE CITY ATTORNEY
Date: Date:
By: By:
Aaron C. Ha , (Am oalogllr Kay Sims
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
Temporary Employment Agreement
[END OF SIGNATURES]
Attachments: Exhibit A: Job Description
Exhibit B: Post Retirement Temporary Employment Certification
Kay Sims Page 6 10-8
EXHIBIT A
JOB DESCRIPTION
Kay Sims Page A-1 10-9
City of Newport 13eacli - Class Npecltication buueun rage I of L
PLANNER, ASSISTANT Class Code:
4200
)t-
r't a q-1,utL`` Bargaining Unit: Professional&Technical Association
CITY OF NEWPORT BEACH
Revision Date:Jun 13,2012
SALARY RANGE
$28.36-$39.94 Hourly
$2,268.80-$3,195.20 Biweekly
$4,915.73- $6,922.93 Monthly
$58,988.80-$83,075.20 Annually
DEFINITION:
Under general supervision, the Assistant Planner performs professional work in the field of current and/or advanced local
government planning.
DISTINGUISHING CHARACTERISTICS:This is the first experienced-level class in the professional planning Series that
includes Assistant Planner,Associate Planner,and Senior Planner. Initially under close supervision, incumbents with basic
planning experience perform professional and technical planning work in current,advance, and/or environmental planning.
Assignments at this level are generally limited in scope and within the design and procedural framework established by higher
level employees; however, as experience is acquired,the employee performs with increasing independence.
SUPERVISION RECEIVED AND EXERCISED:This position receives direction and supervision from higher level professional
and managerial Planning staff.
ESSENTIAL DUTIES:
Duties may include,but are not limited to, the following:
• Provide excellent customer service to both internal and external customers;
• Review development proposals, applications and architectural/site plans for compliance with applicable regulations and
policies; prepare staff reports and make presentations to the Planning Commission,City Council and various committees and
advisory boards as directed;
• Research, analyze and interpret social, economic, population and land use data and trends and establish and/or maintain
comprehensive databases as directed;
•Compile information and make recommendations on special studies and prepare planning reports as directed; collect, record,
and summarize statistical and demographic information;
•Assist in the administration,and implementation of the various elements of the General Plan, Zoning Ordinance and Local
Coastal Program;
•Check development plans for zoning compliance; process permit applications and calculate appropriate fees;
•Conduct field investigations and analysis;
• Prepare initial studies and assist in preparing or reviewing environmental documents or studies; assist in revising City
ordinances;
• Confer with and advise architects, builders, attorneys, contractors,engineers, and the general public regarding City
regulations, policies and standards;
• Respond to and resolve citizen inquiries and comments regarding the City's planning purposes and practices;
• Participate in coordinating City planning activities with other City departments and outside agencies; and
• Perform related duties as assigned.
OUALIFICATIONS:
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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:
Planning,zoning,and development laws including subdivision,coastal and environmental laws and regulations;
Site planning and architectural design; and
Modem office methods, practices, procedures and equipment.
Ability to:
Read,understand and interpret architectural and construction plans;
Read, understand and Interpret land use and property development policies,regulations and standards;
Perform professional planning work under supervision;
Analyze and compile technical and statistical information and prepare reports;
Respond to work related Issues with a Flexible, problem solving orientation;
Effectively use computer based word processing and database programs;
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;
Establish and maintain cooperative working relationship with those contacted in the course of work; and
Work overtime hours as needed.
EXPERIENCE&TRAINING AND LICENSE/CERTIFICATE:
A combination of experience and training that would likely provide the required knowledge and abilities may be qualifying.A
typical way to obtain the knowledge and abilities would be:
Exnedence: One year of full-time professional planning experience.
Tralnino: Graduation from an accredited college or university with a Bachelors Degree in urban planning,environmental
planning,geography,landscape architecture,or a closely related field.
License/Certificate: Possession of or ability to obtain,an appropriate,valid Caliromla driver's license.
Additional Requirement: Candidates deemed most qualified,as reflected In their application materials,will 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 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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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 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 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.
Further, the Employee certifies the following:
"I, 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 Page B-1 10-12