June 24, 2025
Agenda Item No. 16
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected] PREPARED BY:
Brittany Ramirez, Management Analyst - 949-644-3239, [email protected] TITLE:
Amendment No. Five to the Post Retirement Temporary Employment Agreement with Rosalinh Ung for Principal Planner Services ABSTRACT:
For the City Council’s consideration is Amendment No. Five to the Post Retirement Temporary Employment Agreement with Rosalinh Ung for Principal Planner Services, which, if approved, would extend the agreement by one year to June 30, 2026. Ms. Ung would continue to provide planning services to the Community Development Department and the extended agreement would limit hours worked to 960 per year.
RECOMMENDATIONS:
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 Assistant City Manager to execute Amendment No. Five to the Post Retirement Temporary Employment Agreement with Rosalinh Ung for Principal Planner Services.
DISCUSSION:
On June 23, 2020, the City Council authorized the original Post Retirement Temporary Employment Agreement with Rosalinh Ung for Principal Planner Services (Agreement). This action was consistent with City Council Policy F-14, which requires City Council approval for any contract involving a former City of Newport Beach employee who has worked for the City within the past five years.
The Agreement was initially extended through the first amendment, setting its expiration date to June 30, 2022. Subsequent second, third and fourth amendments extended the term through June 30 of 2023, 2024 and 2025, respectively. The need for Ms. Ung’s services initially arose during the COVID-19 pandemic and persisted due to staffing vacancies in the Planning Division.
Although there are currently no vacancies, much of the Planning Division’s staff consists of junior-level employees who are still building experience on complex projects.
Following the City Council’s September 2024 adoption of the Housing Opportunity (HO) Overlay Zoning Districts to comply with State-mandated housing obligations, the City received several new housing development applications. Due to strict regulatory timelines for processing such applications, Ms. Ung’s continued support is essential to helping ensure timely project review. Her services are also important for mentoring and training staff through sharing her institutional knowledge.
Ms. Ung is a highly respected professional with nearly 35 years of planning experience, including approximately 20 years of service with the City. Her familiarity with the City’s codes, procedures and staff allows her to contribute effectively without the need for additional training. Her specialized expertise is critical for completing time-sensitive tasks and guiding less experienced planners.
Amendment No. Five proposes extending the Agreement for one additional year, allowing Ms. Ung to continue supporting the Planning Division. Her salary will be adjusted in line with approved cost-of-living increases. She will remain in a part-time role, providing specialized planning and entitlement services to the Planning Division and Community Development Department.
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.
If approved, the amended Agreement will comply with Council Policy F-14, as follows:
1. On July 1, 2025, the City will engage Ms. Ung at $75.42 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 Fiscal Year 2025-26 budget includes sufficient funding for this request. It will be expensed to the Community Development Department part-time salary budget, account 01050501-711003.
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).
ATTACHMENTS:
Attachment A – Amendment No. 5 to Temporary Employment Agreement Attachment B – Amendment No. 4 to Temporary Employment Agreement Attachment C – Amendment No. 3 to Temporary Employment Agreement Attachment D – Amendment No. 2 to Temporary Employment Agreement Attachment E – Amendment No. 1 to Temporary Employment Agreement Attachment F – Original Temporary Employment Agreement
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Amendment No. Five to the Post Retirement Temporary Employment Agreement with Rosalinh Ung for Principal Planner Services June 24, 2025
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