May 24, 2022
Agenda Item No. 5
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Seimone Jurjis, Community Development Director - 949-644-3232, [email protected] PREPARED BY:
Brittany Ramirez, Management Analyst [email protected] PHONE:
949-644-3239
TITLE:
Amendment No. Two to Temporary Employment Agreement with Rosalinh Ung ABSTRACT:
For the City Council’s consideration is Amendment No. Two to extend, by one more year, a temporary employment agreement with Rosalinh Ung, a retired City of Newport Beach (City) employee. Ms. Ung will provide planning services to the Community Development Department (Department). The extended agreement will limit hours worked to 960 hours and the agreement is of a limited duration.
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 an amendment to the Post Retirement Temporary Employment Agreement with retired employee Rosalinh Ung.
DISCUSSION:
The City Council approved the original Post Retirement Temporary Employment Agreement (Agreement) on June 23, 2020, consistent with City Council Policy F-20, which requires the City Council to consider any contract with a person formerly employed by the City within the past five years. The City Council extended the agreement for an additional year by way of the first amendment to the agreement. The amended agreement will expire on June 30, 2022.
The need to retain Ms. Ung continued through the pandemic and continues still due to a recent vacancy at the principal planner level. Amendment No. 2 would extend the term one additional year. The salary would be adjusted consistent with approved cost-of-living increases. Ms. Ung would continue to work on a part-time basis and provide specialized planning and entitlement services to the Department, given her knowledge and experience in reviewing Airport Area development applications and the City’s General Plan.
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 approximately 20 years and is very familiar with the City’s plans, codes, procedures, and staff. She retains the necessary knowledge and skills to perform the anticipated duties with no further training required. The extension will allow the Department the ability to maintain a high level of customer service, while the Department recruits for a principal planner. Furthermore, she will provide additional training to Department staff.
In accordance with Government Code Section 7522.56, the City has met the following requirements:
1. Waited an 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; and
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 amended Agreement will be in compliance with Council Policy F- 20:
1. On July 1, 2022, the City will engage Ms. Ung at $65.74 per hour. The amount is not more than a Principal Planner employed by the City; and
2. Ms. Ung will not be authorized to work or receive overtime pay.
FISCAL IMPACT:
The adopted budget will include sufficient funding for this expense. It will be expensed to the Community Development Department part-time salary budget account 01050501-711003. Additionally, there will be salary savings from vacant positions that will help off-set the cost of the agreement.
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).
ATTACHMENTS:
Attachment A – Amendment No. Two to Temporary Employment Agreement Attachment B – Amendment No. One to Temporary Employment Agreement Attachment C – Original Temporary Employment Agreement
5-3
5-1
Amendment No. Two to Temporary Employment Agreement with Rosalinh Ung May 24, 2022
CITY OF CITY OF
CITY OF
CITY OF
City Council Staff Report COUNCIL STAFF REPORT City Council Staff Report COUNCIL STAFF REPORT NEWPORT BEACH NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT
City Council Staff Report COUNCIL STAFF REPORT
NEWPORT BEACH
NEWPORT BEACH