STATE OF CALIFORNIA ) RESOLUTION NO. 3998
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, CENSURING COUNCIL
MEMBER BRIAN HAWKINS
WHEREAS, the City Council of the City of San Jacinto has a duty to the residents of San Jacinto and to the greater community of San Jacinto to ensure that all members of the City Council demonstrate the highest levels of dedication, professionalism and respect while acting in the course and scope of their office, and to provide leadership and responsiveness to their constituents; and
WHEREAS, on July 2, 2023, Council Member Hawkins was arrested by the San Jacinto Police Department and booked at the Robert Presley Detention Center. On July 6, 2023, Council Member Hawkins was charged with two (2) misdemeanor counts of willfully and unlawfully causing an unjustifiable physical pain and mental suffering on a child and permitting the health of the child to be endangered (Penal Code section 273a, subdivision b); and
WHEREAS, the charges are alleged to have taken place while Council Member Hawkins was serving as a Council Member; and
WHEREAS, among other responsibilities, Council Members are expected to abide by and respect the laws of the City and of the state; and WHEREAS, the City Council does not condone said conduct and finds it necessary and prudent to declare its disapproval of such conduct; and WHEREAS, the City Council has no desire to embarrass Council Member Hawkins, but only seeks to resolve this matter and move forward as a unified body; and WHEREAS, at its regular meeting of August 1, 2023, the City Council duly considered the information presented in this Resolution, at which time Council Member Hawkins had the opportunity to respond and rebut the information presented.
NOW, THEREFORE, the City Council of the City of San Jacinto hereby finds, determines, and resolves as follows:
SECTION 1. The recitals set forth above are true and correct and are incorporated into this resolution by this reference.
4.1.a
Packet Pg. 2541 Attachment: Resolution No. 3998 - Censuring of Councilmember Brian Hawkins (Consideration of Censure of Council Member Brian Hawkins) Resolution No. 3998
SECTION 2. The City Council finds that Council Member Hawkins has been arrested in relation to allegations that involve serious misconduct, and, while the allegations fall below the minimum standards of an elected public official and bring disrepute to the City, Council Member Hawkins is presumed innocent of the alleged misconduct.
SECTION 3. The City Council values the American ideals of justice and thus respects Council Member Hawkins’ right to a presumption of innocence of all criminal allegations until proven guilty, right to defend himself in a court of law, and right to contest the allegations. This Resolution is not intended to presume his guilt of any or all of the charges or make any findings relative to his guilt or innocence, all of which should be resolved through the criminal justice process.
SECTION 4. This Resolution shall be effective as of the date of adoption. The Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 1st day of August 2023, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
CITY OF SAN JACINTO:
________________________
Alonso Ledezma, Mayor
ATTEST:
_________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
____________________________
Craig Hayes, City Attorney
4.1.a
Packet Pg. 2542 Attachment: Resolution No. 3998 - Censuring of Councilmember Brian Hawkins (Consideration of Censure of Council Member Brian Hawkins) Resolution No. 3998
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3998 was passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 1st day of August 2023, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
WITNESS MY HAND AND OFFICIAL SEAL this 1
st day of August 2023.
_____________________________
Julia Espinoza, City Clerk
4.1.a
Packet Pg. 2543 Attachment: Resolution No. 3998 - Censuring of Councilmember Brian Hawkins (Consideration of Censure of Council Member Brian Hawkins) August 1, 2023
TO: City Council
REQUESTED BY: Craig Hayes,
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Extra Help Services Agreement with Robert Brady RECOMMENDATION:
That the City Council approve the Resolution and Agreement for Professional Assistance with Robert Brady.
DISCUSSION:
The City has historically contracted for specialized professional services in situations where extra help or special skills are temporarily needed. The City Manager has identified an individual with exceptional abilities in areas of his expertise: development and redevelopment of public and private property, negotiation of real estate acquisition and disposition transaction, land use master planning and conceptual design development, marketing of public property, negotiation of development agreements, and implementation of financial planning related to development.
Mr. Robert Brady’s specialized skills will provide the City needed assistance, of limited duration, in the its efforts to revitalize Main Street.
It is anticipated that Mr. Brady would begin work the week of August 7, 2023, and would continue until the end of the fiscal year or until completion of a 960-hour work limit. No benefits, over-time, paid vacation or sick leave is provided under this agreement.
FISCAL IMPACT:
The contract establishes an hourly rate of $80.00, which is equivalent to the City’s director-level positions that respond directly to the City Manager and are responsible for implementation of significant policies, projects, and programs.
Mr. Brady will be limited to 960 hours of work for the remaining fiscal year 2023-2024. The contract amount is included in the Adopted Budget for Fiscal Year 2023-2024.
ATTACHMENTS:
Resolution No. 3999
Agreement for Extra Help Services
ATTACHMENTS:
Resolution No. 3999
Agreement for Professional Assistance with Robert Brady
4.2 Packet Pg. 2544
Resolution No. 3999
STATE OF CALIFORNIA ) RESOLUTION NO. 3999
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, APPOINTING ROBERT
BRADY TO PERFORM EXTRA HELP SERVICES AND
APPROVING EMPLOYMENT CONTRACT
WHEREAS, Government Code Sections 7522.56 and 21224 permit the City Council to appoint a California Public Employees’ Retirement System (“CalPERS”) retiree in an extra-help capacity when the retiree has specialized skills needed in performing work of limited duration, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, to provide extra help services to the City and relieve backlogs in excess of what regular permanent staff can accomplish, the City Council desires to retain the services of Robert Brady, a retired member of CalPERS, to assist the City Manager with the services enumerated in the proposed employment agreement effective August 1, 2023; and
WHEREAS, Robert Brady has over 30 years of experience in municipal operations and management and has previously served as a city manager and community development director; and
WHEREAS, it is understood by Robert Brady and the City that the combined total hours to be served by Robert Brady in any fiscal year for all CalPERS employers shall not exceed the 960-hour limitation set forth in California Government Code Section 7522.56; and
WHEREAS, the City Council has reviewed a proposed employment agreement by and between Robert Brady and the City of San Jacinto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Jacinto, California, as follows:
SECTION 1. As required by Government Code Sections 7522.56 and 21224, the City Council makes the following findings:
(a) All facts set forth in the Recitals to this Resolution are true and correct; and
(b) Robert Brady has the specialized skills needed to perform the work required to assist the City Manager; and
4.2.a
Packet Pg. 2545 Attachment: Resolution No. 3999 (Extra Help Services Agreement with Robert Brady) Resolution No. 3999
(c) It is in the best interests of the City of San Jacinto to enter into an employment agreement with and to appoint Robert Brady to perform extra help services for the City of San Jacinto pursuant to the authority provided under Government Code Sections 7522.56 and 21224.
SECTION 2. Robert Brady is appointed to provide extra help services to the City of San Jacinto in accordance with Government Code Section 7522.56 and 21224 with the provisions of the employment agreement on file with the City Clerk.
SECTION 3. The employment agreement with Robert Brady, a copy of which is on file with the City Clerk, is approved by the City Council of the City of San Jacinto, effective August 1, 2023.
SECTION 4. The City Manager is authorized to execute said agreement on behalf of the City of San Jacinto, with such technical amendments as may be deemed appropriate by the City Manager and the City Attorney.
PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council on the 1st day of August 2023, by the following vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
CITY OF SAN JACINTO
______________________________
Alonso Ledezma, Mayor
ATTEST:
____________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
_____________________________
Craig Hayes, City Attorney
4.2.a
Packet Pg. 2546 Attachment: Resolution No. 3999 (Extra Help Services Agreement with Robert Brady) Resolution No. 3999
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF SAN JACINTO )
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3999 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 1st day of August 2023. Resolution No. 3999 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 1st day of August 2023:
AYES:
NAYS:
ABSENT:
ABSTAIN:
WITNESS MY HAND AND OFFICIAL SEAL this 1st day of August 2023. _____________________________
Julia Espinoza, City Clerk
City of San Jacinto
4.2.a
Packet Pg. 2547 Attachment: Resolution No. 3999 (Extra Help Services Agreement with Robert Brady) -1-
AGREEMENT FOR
EXTRA HELP SERVICES [SPECIAL PROJECTS DIRECTOR]
This Agreement (“Agreement”), is made and entered into this 1st day of August, 2023 by and between the City of San Jacinto (“CITY”) and Robert Brady (“EMPLOYEE”). In consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:
RECITALS
This Agreement is made and entered into with respect to the following facts:
A. CITY seeks to engage EMPLOYEE on a temporary basis in an extra help capacity, in accordance with the terms set forth in this Agreement with the mutual understanding that the appointment complies with the requirements applicable to the employment of CalPERS retirees, as codified in Government Code sections 7522.56 and 21224.; and B. EMPLOYEE desires to accept employment in an extra help capacity in consideration of and subject to the terms, conditions and benefits set forth in this Agreement; and.
C. EMPLOYEE represents that he is a retired annuitant of CalPERS within the meaning of Government Code §§ 7522.56 and 21224 (“Statutes”) and acknowledges that his compensation is statutorily limited as provided in Government Code § 21224. EMPLOYEE represents that, as of the effective date of this Agreement, he has not worked for another CalPERS state or contracting agency as a retired annuitant during the CITY’s 2023-2024 fiscal year, and that he therefore acknowledges that he can work up to 960 hours for the CITY, a state agency or other CalPERS contracting agencies (collectively “CalPERS Agencies”) during CITY's 2023-2024 fiscal year. EMPLOYEE represents that he has not received unemployment compensation from any CalPERS Agencies during the 12- month period preceding the effective date of this Agreement. EMPLOYEE further represents that his CalPERS retirement date became effective prior to the 180-day period preceding the effective date of this Agreement; and
D, CITY has determined that it is necessary to hire EMPLOYEE, a retired annuitant, because of his extensive knowledge and skills in management of development and redevelopment of public and private property, negotiation of real estate acquisition and disposition transaction, land use master planning and conceptual design development, marketing of public property, negotiation of development agreements, and implementation of financial planning related to development are necessary to assist the City Manager on the special projects relating to the services listed in this Agreement, and EMPLOYEE, by virtue of his experience, has those special skills. Existing staff does not have the experience or expertise to perform these duties and it is beyond the capacity of the regular employees.
NOW, THEREFORE, CITY and EMPLOYEE, in consideration of the mutual covenants and agreements herein contained, agree as follows:
1. APPOINTMENT OF EMPLOYEE.
EMPLOYEE shall be appointed as to perform extra help for the City Manager of the CITY under the terms of this Agreement.
4.2.b
Packet Pg. 2548 Attachment: Agreement for Professional Assistance with Robert Brady (Extra Help Services Agreement with Robert Brady) -2-
2. POSITION AND DUTIES. The City Manager hereby agrees to appoint EMPLOYEE to perform, on a basis set forth in Paragraph 4 below, the duties and functions set forth below, and to perform other legally permissible duties and such functions as the City Manager shall from time to time assign to relieve backlogs in excess of what regular permanent CITY staff can accomplish:
Implementation of special projects related to Main Street Revitalization and Civic Center development;
Main Street Real property development and redevelopment; Management of publicly-owned properties on Main Street; Marketing of public and private properties for sale and re-use, including preparation of requests for proposals and similar solicitations for Main Street; Negotiation of development agreements, purchase and sale agreements, and similar transactions on Main Street;
Implementation of land use planning and conceptual design for Main Street development and infrastructure improvements;
Preparation and design to implement additional lighting on Main Street; Preparation and design to implement additional public art on Main Street; Preparation and design to implement additional audio on Main Street; Preparation and design to implement additional street signage on Main Street; and Assistance in creation and implementation of the update to the 10-year financial plan in relation to Main Street Revitalization and Civic Center development opportunities.
The City Manager shall have the authority to determine the specific duties and functions which EMPLOYEE shall perform under this Agreement, and the means and manner by which EMPLOYEE shall perform those duties and functions. EMPLOYEE agrees to devote all of his business time, skill, attention, and best efforts to the discharge of the duties and functions assigned to him by the City Manager.
3. TERM, TERMINATION AND AT-WILL STATUS.
This Agreement shall become effective upon the date executed both by EMPLOYEE and the City Manager, which date shall be the date first referenced above. EMPLOYEE shall commence the performance of his duties under this Agreement on August 7, 2023 or at such later date as the parties hereto shall agree in writing (“Commencement Date”). This Agreement shall expire as of the first of the following to occur: (i) June 30, 2024; (ii) upon EMPLOYEE working his 960th hour for the City during fiscal year 2023-2024 or his 960th hour in any subsequent fiscal year; or (iii) upon termination of the Agreement by either EMPLOYEE or CITY as provided below.
EMPLOYEE acknowledges that he is an at-will, temporary employee of CITY who shall serve at the pleasure of the City Manager at all times during the period of his service hereunder and shall be subject to termination by City Manager at any time without advance notice and without cause. The terms of CITY's personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City Administrative Personnel (collectively “Personnel Policies”), as they may be amended or supplemented from time to time, shall not apply to EMPLOYEE, and nothing in this Agreement is intended to, or does, confer upon EMPLOYEE any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Manager to terminate his employment. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of EMPLOYEE and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of EMPLOYEE to resign at any time from this position with CITY.
4.2.b
Packet Pg. 2549 Attachment: Agreement for Professional Assistance with Robert Brady (Extra Help Services Agreement with Robert Brady) -3-
4. COMPENSATION. The CITY agrees to provide the following compensation to EMPLOYEE for the services listed in this Agreement:
Beginning on August 7, 2023, CITY agrees to pay to EMPLOYEE for services rendered under this Agreement, the hourly rate of $80.00. The City shall not pay for vacation or holidays, nor shall EMPLOYEE be entitled to any other fringe benefits. However, EMPLOYEE will be provided paid sick leave in accordance with California law and City policy.
5. ABUSE OF OFFICE. Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if EMPLOYEE is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (1) EMPLOYEE shall not be provided with administrative leave pay pending an investigation; and (2) CITY shall not pay for the criminal legal defense of EMPLOYEE.
For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
6. EXPENSES. The City shall reimburse Employee for his direct, reasonable and necessary expenses incurred in the performance of his duties and in compliance with standard City policy. CITY shall reimburse EMPLOYEE for authorized, reasonable and necessary travel expenses incurred by EMPLOYEE in the performance of his duties pursuant to this Agreement. EMPLOYEE shall document and claim said reimbursement for such travel in the manner and forms required by the CITY. All reimbursements shall be for actual expenses and shall be subject to and in accordance with California and federal law and CITY’s adopted reimbursement policies. Other than as specifically provided herein, EMPLOYEE shall receive no other compensation or reimbursements for expenses incurred by him in performance of this Agreement.
7. NOTICE. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepared and addressed as follows:
CITY
City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
Attention: City Manager
EMPLOYEE
Robert Brady
47990 Pala Rd.
Temecula, CA 92592
7. HOURS OF WORK. EMPLOYEE shall devote the time necessary to adequately perform his duties pursuant to this Agreement. The parties anticipate that EMPLOYEE will work a sufficient number of hours per week allocated between regular business hours and hours outside of regular business hours including, without limitation, attendance at regular and special City Council meetings, community events and other CITY functions as the City Manager may direct. However, in no event shall EMPLOYEE be required to work in excess of 960 hours in fiscal year 2023-2024 and 960 hours per each subsequent fiscal year for CITY, including hours worked for other CalPERS
4.2.b
Packet Pg. 2550 Attachment: Agreement for Professional Assistance with Robert Brady (Extra Help Services Agreement with Robert Brady) -4-
Agencies during such fiscal years. EMPLOYEE’S position shall be deemed a non-exempt position under California wage and hour law.
It is the intent of the parties to compensate EMPLOYEE only to the extent permitted under the Statutes and corresponding CalPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CalPERS and is calculated by taking less than the hourly rate based on the maximum monthly base salary paid to employees performing similar duties as listed on a publicly available pay schedule for such employees. The compensation for comparable duties is $166,399.00 annually divided by 12 months, divided by 173.333 to equal an hourly rate of $80.00. The EMPLOYEE shall not be entitled to any additional compensation or benefits, other than compensation for use of his personal mobile device, at $75 p/mo.
EMPLOYEE will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for CITY to CalPERS as may be required. CITY shall assist in any such reporting obligations to CalPERS. Additionally, EMPLOYEE shall keep CITY continually apprised of any hours worked by EMPLOYEE for other CalPERS Agencies during the term of this Agreement.
8. WAIVER. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
9. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement of the parties considering the subject matter hereof and all prior agreements or understanding, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed, and acknowledged by both of the parties thereto.
10. SEVERABILITY. If any portion or provision hereof is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall be effected and shall remain in full force and effect.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterpart when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same agreement.
12. RECITALS. The parties agree that the Recitals to this Agreement are true and correct and are incorporated into this Agreement as if set forth here.
SIGNATURES ON NEXT PAGE
4.2.b
Packet Pg. 2551 Attachment: Agreement for Professional Assistance with Robert Brady (Extra Help Services Agreement with Robert Brady) -5-
CITY OF SAN JACINTO
By: _______________________________ Date: _______________________ Robert A. Johnson, City Manager
EMPLOYEE
By: _______________________________ Date: _______________________ Robert Brady
Approved as to Form:
By: _______________________________
Craig Hayes, City Attorney
City of San Jacinto
4.2.b
Packet Pg. 2552 Attachment: Agreement for Professional Assistance with Robert Brady (Extra Help Services Agreement with Robert Brady)