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Resolution No. 2016-008RESOLUTION NO. 2016-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING DEREK WIESKE TO SERVE AS THE DIRECTOR OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES OF THE CITY OF VERNON AND RATIFYING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on September 29, 2015, following the announcement of the December 27, 2015, retirement of the former Director of Public Works, Water and Development Services, the City Council of the City of Vernon authorized the Interim Director of Human Resources to conduct the recruitment process to fill the anticipated vacancy; and WHEREAS, the Human Resources Department created an executive recruitment brochure for the position (attached hereto as Exhibit A) and conducted a broad and extensive recruitment that included multiple screenings and interviews of numerous applicants; and WHEREAS, the City Council conducted final interviews of the two highest ranking candidates at a special City Council meeting on December 15, 2015; and WHEREAS, the City Council of the City of Vernon determined Derek Wieske ("Wieske") to be the most qualified candidate and directed the City Administrator to pursue the employment of Wieske as the Director of Public Works, Water and Development Services of the City of Vernon, subject to approval of an at -will employment agreement and successful completion of the pre -employment process; and WHEREAS, the City and Wieske have executed an At -Will Employment Agreement (the "Agreement"), effective February 22, 2016, subject to the ratification by the City Council; and WHEREAS, the City Council of the City of Vernon desires to appoint Wieske to serve as the Director of Public Works, Water and Development Services and approve the Agreement and ratify the execution thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby appoints Derek Wieske to serve as the Director of Public Works, Water and Development Services of the City of Vernon, effective February 22, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and ratifies the execution of the At -Will Employment Agreement with Wieske to serve as Director of Public Works, Water and Development Services of the City of Vernon, a copy which is attached hereto as Exhibit B. SECTION 5: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Wieske and shall have him subscribe to it and file it with the Human Resources Department. SECTION 6: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to give a fully executed Agreement to Wieske. - 2 - SECTION 7: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 16th day of February, 2016. ATTEST: Maria Ayala City Clerk / Deputy -r; t Ca-er f Name: W. Michael McCorm �-, Title: Mayor / M APPROVED AS TO FORM: Zay ah o ssa, Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E . Ayala, City Clerk / of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-08, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, February 16, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this (04*"day of February, 2016, at Vernon, California. (SEAL) - 4 - MariaA. Ayala City Clerk / e } EXHIBIT A ;1 v .i1:4161to] :9•lm111:iI(M►I►L•l:i;f.IsTiT 11:1:Iffi\►`Iof01ANAIl•l: THE COMMUNITY THE OR.( ANIZX14ON The City of Vernon is an industrial city of 5.2 square miles located about five miles to the southeast of downtown Los Angeles. Founded in 1905 as the first exclusively indus- trial city in the Southwestern United States (its residential population is 200). Vernon currently houses more than 1,800 businesses that employ approximately 50,000 people, serv- ing as a vital economic region. Vernon offers an environment uniquely friendly to busi- ness and is home to many Fortune 500 companies in industries that include food and agriculture, apparel, steel, plastics, logistics and home furnishings. Vernon maintains strong philanthropic ties with the neighboring communities where much of its workforce lives, provid- ing significant sort for public services such as health care and education. Over the years, Vernon has grown into one of the most efficient and business friendly city governments in the region. This is due to several factors including: • Vernon Offers an array of municipal services tailored to meet the needs of the business community. • Vernon is one of61 cities in the United States with a Class l rated Fire department and one of four cities in California with its own Health department, specializing in industrial issues. • Competitive taxlevels • City -owned and operated utilities, offering competitive rates for water, electricity, gas and fiber optics. • Vernon was a finalist in the 2015 and 2014 Los Angeles County Economic Development Corporation's "Most Business Friendly City" award competition for cities with less than 50,000 residents; Vernon won the award in 2008. The five members of the City Council are elected at large, on a non -partisan basis, for five year staggered terms and, as a result of 2011 Charter amend- ments, no person may serve more than two full terms of office. The Mayor is selected by the Council. The City's total budget for FY 2015-16 is a little over $340 million (the General Fund budget is almost $57 million) with approximately 250 employees. Vernon continues on the path towards creating greater accountability and transparency with the goal to create a model government. In the past five years, Vernon has undergone tremen- dous change. Through the city's implementation of more than 150 good governance reforms, Vernon — the city that has billed itself as "Exclusively Industrial" for over 110 years — has firmly established itself as a mod- el city for good governance. The City Council is seek- ing a Department Head committed to good governance practices. Key challenges and opportunities facing the Di- rector of Public Works, Water & Development Services include: • Working collaboratively with the City's executive team and elected officials to further the City's ef- forts to become a model city. • Directing a staff of over 50 highly motivated indi- viduals in a variety of disciplines. • Providing guidance to City Council on major re- gional transportation projects, including the wid- ening of the I-710 freeway, the California High Speed Rail and the Eco Rapid Transit line which will all bisect the City. • Oversight of a multitude of infrastructure capital projects ranging from bridge widening, to storm drain improvements, to water well construction. • Developing a new water rate structure. • Providing input and oversight on the development of nearly $100 million dollars of private construc- tion annually. • Maintenance of an aging infrastructure. • Implementation of new zoning regulations. THE POSITION ESSENTIAL JOB FUNCTIONS The Director of Pub- lic Works, Water and Development Ser- vices provides leader- ship and directs the activities of the Pub- lic Works, Engineer- ing, Planning, Building and Water Divisions of the City's Department of Public Works, Water and Devel- opment Services. The Director of Public Works, Water and Develop- ment Services is considered a critical member of the Executive team that has been assembled to successful ly address and respond to the myriad of issues that Vernon faces on a daily basis. The Director of Public Works, Water and Develop- ment Services supports the relationship between the City of Vernon and the general public by demonstrat- ing courteous and cooperative behavior when interact- ing with the public and City Staff. The Director of Public Works, Wa- Alm ter and Develop - This is not a comprehensive listing of all functions and duties per- formed by incumbents in the Director of Public Works, Water and Development Services classification: • Plans, directs, and coordinates through subordinate staff the Depart- ment's work plan; assigns projects and program areas of responsibil- ity; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems. • Determines the overall Departmental organizational structure, mis- sion, core services and allocation of financial, human and capital re- sources; develops and administers annual capital and operating budg- ets. • Measures and evaluates organizational effectiveness, employee per- formance, and all operational functions. • Serves as a technical advisor to the City Administrator and the City Council regarding public works, engineering, traffic, water and eco- nomic development matters. • Plans, organizes, directs and reviews all public works activities, infra- structure maintenance, City garage, warehouse operations, and facili- ty maintenance. • Develops and manages short- and long-term Department goals, objec- tives, policies, and procedures. • Supervises subordinate staff, sets work priorities; creates work sched- ules; provides training; conducts performance evaluations; rewards and/or disciplines employees. ment Services must have knowledge in a diversity of fields • and be able to multi task. Duties range from oversight of capital projects, performing City planning functions including the development and enforcement of the City's General Plan and Zoning regulations, providing guidance on Building Code regulations, providing technical oversight of regional transpor- tation and water pro- jects, working with property owners on proposed industrial development pro- jects and overseeing the water depart- ment and mainte- nance of the City's infrastructure. • Serves as the City Engineer; coordinates capital projects; performs contract administration; prepares all public works and water projects; confers and advises on problems related to the design, construction and engineering of public works and water systems; enforces the in- terpretation and enforcement of construction specifications and the design and operation of traffic systems. Serves as the City's Building Official; oversees staff to ensure pro- posed plans and construction comply with building codes; establishes permit fees; develops amendments to codes. Plans, directs, and reviews the design, construction, operation and maintenance of the City's water systems, including wells, reservoirs, and pipelines. Performs long range planning including development of the City General Plan, and zoning regulations and impacts of regional trans- portation projects. Directs and coordinates the application review on planning, building, commercial and industrial projects, subdivisions, use permits, vari- ances, zone changes and General Plan amendments. Coordinates with consultants and other agencies regarding regulatory and legislative matters affecting public works and water operations. Reviews plans for enhancing and protecting the quality and adequacy of City -owned water resources. Establishes guidelines for the development of water rates and sales, rules, regulations and the issuance of bonds. Directs staff and oversees the code enforcement of violations of zon- ing codes, building codes, and other related City regulations. Directs the preparation of technical and administrative reports; pre- sents reports along with recommendations to the City Administrator, City Council, boards and commissions. Represents the Department to other departments, elected officials and external agencies. • Participates in a variety of boards, commissions and committees; in- teracts with external regulatory agencies. • Confers with developers, commercial representatives, industrial inter- ests, roperty owners and others in promoting and coordinating the develpopment and use of property within the City. • Completes special and ongoing projects and tasks assigned by the City Administrator and/or elected officials. THE IDEAL CANDIDATE Skill in: Defining problems, establishing facts and drawing val- id conclusions. The ideal candidate is someone who can properly prioritize his/her workload, follows through, and who is detail oriented, well orga- nized, decisive and has a sense of urgency. He/She should be a team player who is open and approachable; able to identify, select and motivate subordinate staff, and can handle am- biguity. Furthermore, he/she should be re- sponsive, in a timely manner, to requests from the Council, City Administrator, Department Heads and the public. He/She must be hardworking, energetic and confident, with a "can do" attitude. Fi- nally, the Director of Public Works, Water and Devel- opment Services needs to be trustworthy, ethical, artic- ulate, and have good people skills. Education Training and Experience: Bachelor's Degree in Civil Engineering or a closely related field; AND ten years of experience, including five years of su- pervisory or management experience, in public works, engineering, water resource management and/or Commu- nity Development. Master's Degree in Public Administra- tion or Engineering is highly desirable. License and Certification Requirements: Registration as a Pro essiona Engineer required. Posses- sion of a valid California driver's license required. Certified Building Official or must obtain certification within one year from hire date. Professional Land Surveyor is desirable. Knowledge of: State of California engineering princi- ples and practices regarding design and construction of buildings, water facilities and technical inspection opera- tions. Applicable regulatory codes and laws regarding the de- velopment, construction and operation of public works, water, streets, planning, building and code enforcement. Methods, materials, techniques and equipment used in construction, operations, inspection, design and mainte- nance of streets, buildings and water facilities. Occupational hazards and standard safety procedures. Managing situations requiring diplomacy, fairness, firmness and sound judgment. Interpreting and applying City, state and fed- eral policies, laws and regulations. Making appropriate decisions while ensuring compliance with City goals and objectives. Building effective teams and providing ef- fective customer service. Understanding and negotiating complex technical agreements with external agencies. Formulating and presenting policy recommendations. Investigating, analyzing and resolving complex and sensitive is- sues and complaints. Responding to emergency and problem situations effectively. . Communicating effectively verbally r ; and in writing. Compensation: The proposed monthly salary range for this position is $16,551- $20,117 Salary placement de- pends upon qualifications. In addition, benefits are provided which include: vacation, holidays, sick leave and administra- tive leave; medical, dental, vision and life insurance aggregate allowance of $13,440 per year; pre-tax supplemental insurance plans offered through AFLAC, Colonial Life, and Mutual of Omaha; the option of participating in a Section 125 IRS Plan for reimbursement of dependent care and medical costs; retire- ment through the California Public Employees Retirement System (CalPERS), with a 2.7% at 55 formula for classic members (classic employees pay an 8% contribution) and a 2% at 62 retirement formula for new members (currently new employees pay a 6.75% contribution); 457 deferred compensa- tion plan available at employee cost (City does not contribute); the City does not participate in Social Security; credit union membership available. The City has a 4-10 work schedule. HOW TO APPLY To apply for this outstanding opportunity to work for a dynamic, growing and progres- sive City, please visit our website at ww.sit.yo-=vernon,org to apply online. The City of Vernon is an Equal Opportunity Employer. Filing Deadline: Monday, November 2, 2015 Principles and practices of administrative management, effective employee supervision, regulatory management, If you have any questions, please do not hesitate to contact contract administration, building and zoning, code en- Lisette Michel Grizzelle, in the Human Resources Department forcement, water resource management, public works at (323)583-8811 ext. 166. EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND Derek Wieske This Agreement is between the City of Vernon ("City") and Derek Wieske ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Public Works, Water and Development Services. Employee desires to be the Director of Public Works, Water and Development Services and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be February 22, 2016. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at -will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Public Works, Water and Development Services to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. Per the specified job description attached, Employee must obtain Building Official Certification within two (2) years from hire date. Employee will not be eligible for a merit pay increase until Building Official Certification and a performance evaluation with a rating of satisfactory or better is achieved. B. Employee agrees that, to the best of his ability and experience, that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. December 2015 E. Employee acknowledges that in connection with the performance of his duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment, he will contact the City Attorney for advice. F. City agrees to provide Employee forty (40) hours of sick leave as of February 22, 2016, in addition to regular leave accruals that will be earned at the regular Executive Leave Schedule accrual rate. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Administrator. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $198,612.00, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrator's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% at 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays for the employee contribution to PERS. B. Other Executive Management benefits Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. -2- December 2015 Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment °B" to this Agreement. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the acknowledgement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy III-1, conviction of a crime involving moral turpitude or involving personal gain to him or abuse of his office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: EXECUTIVE COMPENSATION LIMITATIONS If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY -3- December 2015 If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: Interim City Administrator Arnold Jesse Wilson City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Derek Wieske 6 Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severabllity In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain In full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. -4- December 2015 E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on February 22, 2016. [Signatures Begin on Next Page]. -5- December 2015 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its Interim City Administrator, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: By: Arnold Jess Wilso nterim City Administrator TTEST: Maria AyaIa1,1C'ftj5 rk Approv as to f H ttorney -6- December 2015 In signing this Agreement, Employee understands and agrees that his employment status is that of an at -will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: I LS I b - 2A Signed: Em loyee -7- December 2015 ATTACHMENT A Job Description DIRECTOR OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES SUMMARY: Under administrative direction, provides leadership and direction over the activities of the Public Works, Engineering, Planning, Building and Water Divisions of the City's Department of Development Services and Water. ESSENT[AL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties. knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description dues not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Plans, directs, and coordinates through subordinate staff the Department's work plan-, assigns projects and program areas of responsibility; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems. • Determines the overall Departmental organizational structure, mission, core services and allocation of financial, human and capital resources; develops and administers annual capital and operating budgets. • Measures and evaluates organizational effectiveness, employee performance, and all operational functions. • Serves as a technical advisor to the City Administrator and the City Council regarding public works, engineering, traffic, water and economic development matters. • Plans, organizes, directs and reviews all public works activities, infrastructure maintenance, City garage, warehouse operations, and facility maintenance. • Develops and manages short- and long-term Department goals, objectives, policies, and procedures. • Supervises subordinate staff, sets work priorities; creates work schedules; provides training; conducts performance evaluations; rewards and/or disciplines employees. • Serves as the City Engineer; coordinates capital projects; performs contract administration; prepares all public works and water projects; confers and advises on problems related to the design, construction and engineering of public works and water systems; enforces the interpretation and enforcement of construction specifications and the design and operation of traffic systems. • Serves as the City's Building Official; oversees staff to ensure proposed plans and construction comply with building codes; establishes permit fees; develops amendments to codes. • Plans, directs, and reviews the design, construction, operation and maintenance of the City's water systems, including wells, reservoirs, and pipelines. • Performs long range planning including development of the City General Plan, and zoning regulations and impacts of regional transportation projects. December 2015 • Directs and coordinates the application review on planning, building, commercial and industrial projects, subdivisions, use permits, variances, zone changes and General Plan amendments. • Coordinates with consultants and other agencies regarding regulatory and legislative matters affecting public works and water operations. • Reviews plans for enhancing and protecting the quality and adequacy of City -owned water resources. • Establishes guidelines for the development of water rates and sales, rules, regulations and the issuance of bonds. • Directs staff and oversees the code enforcement of violations of zoning codes, building codes, and other related City regulations. • Directs the preparation of technical and administrative reports; presents reports along with recommendations to the City Administrator, City Council, boards and commissions. • Represents the Department to other departments, elected officials and external agencies. • Participates in a variety of boards, commissions and committees; interacts with external regulatory agencies. • Confers with developers, commercial representatives, industrial interests, property owners and others in promoting and coordinating the development and use of property within the City. • Completes special and ongoing projects and tasks assigned by the City Administrator and/or elected officials. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Civil Engineering or a closely related field; AND ten years of experience, including five years of supervisory or management experience, in public works, engineering, water resource management and/or Community Development. Master's Degree in Public Administration or Engineering highly desirable. Knowledge of: • City organization, operations, policies, and procedures. • State of California engineering principles and practices regarding design and construction of buildings, water facilities and technical inspection operations. • Applicable regulatory codes and laws regarding the development, construction and operation of public works, water, streets, planning, building and code enforcement. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of streets, buildings and water facilities. • Occupational hazards and standard safety procedures. • Principles and practices of administrative management. -9- December 2015 • Principles and practices of effective employee supervision. • Principles and practices of regulatory management. • Principles and practices of contract administration. • Principles and practices of water resource management. • Principles and practices of public works maintenance operations. • Principles and practices of building and zoning code enforcement. • Principles and practices of public finance. • Principles and practices of project management. • Principles and practices of strategic planning. • Customer service standards and protocols. Skill in: • Directing the work of subordinate staff. • Defining problems, establishing facts and drawing valid conclusions. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Interpreting and applying City, state and federal policies, laws and regulations. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Building effective teams and providing efficient customer services. • Understanding and negotiating complex technical agreements with external agencies. • Formulating and presenting policy recommendations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Responding to emergency and problem situations effectively. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with the public. • Establishing and maintaining cooperative working relationships with City Administrator, City Council, managers, supervisors, staff, contractors, suppliers, developers, businesses, external public agencies and the general public. • Operating a personal computer and various software applications. LICENSE AND CERTIFICATION REQUIREMENTS: Registration as a Professional Engineer. Registration as a Professional Land Surveyor is desirable. Certified Building Official or must obtain within two year of hire date. Possession of a valid State of California driver's license PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed primarily in an office environment with some exposure to an outdoor work environment. May be required to climb ladders. May be exposed to dangerous machinery. - io- December 2015 ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of $ pursuant to my employment agreement with the City of Vernon. I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. I further acknowledge that this Acknowledgment and Release releases the City from and waives any claims I may have against the City, its employees, officers and agents, stemming from my employment relationship, including the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code §1542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated: Employee December 2015 TRANSMITTAL COMMUNICATION I 'V OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 February 23, 2016 Derek Wieske Re: At -Will Employment Agreement — Director of Public Works, Water and Development Services Dear Mr. Wieske: Transmitted herewith is an original fully executed employment agreement, ratified by City Council on February 16, 2016. If you have any questions regarding this matter, please call Lisette Grizzelle at (323) 583-8811 ext. 166. Very truly yours, Deborah R. Juarez c T Records Management Assistant Enclosure c: Joaquin Leon Lisette Grizzelle Resolution No. 2016-08 Agreement File No. 16-017 Ex,cfusivety Industrial FULLY EXECUTED AGREEMENT *l1�il MIX" VA". 1 1001107 1 �l�M_�f.`TCl7�l��1i�:7 ��Z1111I �li�Cl�.�CI CONTRACTOR: Derek Wieske CONTRACT PURPOSE: Employment Agreement CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) L(SERVICES ❑ MATERIALS 9AUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ 198,612.00 Charge Acct. No(s) 011.1040.501010 Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Lisette Michel Grizzelle PHONE: ext. 166 AUTHORIZATION: rrApproved by Council on 01/20/2016 a11&11le - (Check One) Resolution No,^, ,')/ (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation ❑Amendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) ly�%�, Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included (5) City Signatory Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor, notifies IT to remove related RFP/bid notice, notifies any "consultant" of duties to file Form 700, if applicable Rev. 1 /27/14 AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND Derek Wieske This Agreement is between the City of Vernon ("City") and Derek Wieske ("Employee") Recitals City desires to employ Employee as an at -will employee in the position of Director of Public Works, Water and Development Services. Employee desires to be the Director of Public Works, Water and Development Services and acknowledges that such employment is at -will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be February 22, 2016. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at -will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2: DUTIES A. City engages Employee as the Director of Public Works, Water and Development Services to perform the functions and duties specified in the job description for the position (Attachment "A", incorporated herein by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. Per the specified job description attached, Employee must obtain Building Official Certification within two (2) years from hire date. Employee will not be eligible for a merit pay increase until Building Official Certification and a performance evaluation with a rating of satisfactory or better is achieved. B. Employee agrees that, to the best of his ability and experience, that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. December 2015 E. Employee acknowledges that in connection with the performance of his duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment, he will contact the City Attorney for advice. F. City agrees to provide Employee forty (40) hours of sick leave as of February 22, 2016, in addition to regular leave accruals that will be earned at the regular Executive Leave Schedule accrual rate. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Administrator. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $198,612.00, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrator's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% at 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The Employee pays for the employee contribution to PERS. B. Other Executive Management benefits Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel and Policies and Procedures Manual. -2- December 2015 Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment "B" to this Agreement. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the acknowledgement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee is terminated due to retirement, insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy III-1, conviction of a crime involving moral turpitude or involving personal gain to him or abuse of his office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: EXECUTIVE COMPENSATION LIMITATIONS If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY -3- December 2015 If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS"). However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: Interim City Administrator Arnold Jesse Wilson City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Derek Wieske B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. -4- December2015 E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effect on February 22, 2016. [Signatures Begin on Next Page]. -s- December 2015 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its Interim City Administrator, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: By: �- Arnold Jess , WilsoInterim City Administrator TTEST: Maria . Ayala, ity rk Approv d as to 1 He(n , ty ttorney -6- December 2015 In signing this Agreement, Employee understands and agrees that his employment status is that of an at -will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: I Ls y b (o Signed: zlloe_14_1 Em loyee -7- December 2015 ATTACHMENT A Job Description DIRECTOR OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES SUMMARY: Under administrative direction, provides leadership and direction over the activities of the Public Works, Engineering, Planning, Building and Water Divisions of the City's Department of Development Services and Water. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Plans, directs, and coordinates through subordinate staff the Department's work plan; assigns projects and program areas of responsibility; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems. • Determines the overall Departmental organizational structure, mission, core services and allocation of financial, human and capital resources; develops and administers annual capital and operating budgets. • Measures and evaluates organizational effectiveness, employee performance, and all operational functions. • Serves as a technical advisor to the City Administrator and the City Council regarding public works, engineering, traffic, water and economic development matters. • Plans, organizes, directs and reviews all public works activities, infrastructure maintenance, City garage, warehouse operations, and facility maintenance. • Develops and manages short- and long-term Department goals, objectives, policies, and procedures. • Supervises subordinate staff; sets work priorities; creates work schedules; provides training; conducts performance evaluations; rewards and/or disciplines employees. • Serves as the City Engineer; coordinates capital projects; performs contract administration; prepares all public works and water projects; confers and advises on problems related to the design, construction and engineering of public works and water systems; enforces the interpretation and enforcement of construction specifications and the design and operation of traffic systems. • Serves as the City's Building Official; oversees staff to ensure proposed plans and construction comply with building codes; establishes permit fees; develops amendments to codes. • Plans, directs, and reviews the design, construction, operation and maintenance of the City's water systems, including wells, reservoirs, and pipelines. • Performs long range planning including development of the City General Plan, and zoning regulations and impacts of regional transportation projects. December 2015 • Directs and coordinates the application review on planning, building, commercial and industrial projects, subdivisions, use permits, variances, zone changes and General Plan amendments. • Coordinates with consultants and other agencies regarding regulatory and legislative matters affecting public works and water operations. • Reviews plans for enhancing and protecting the quality and adequacy of City -owned water resources. • Establishes guidelines for the development of water rates and sales, rules, regulations and the issuance of bonds. • Directs staff and oversees the code enforcement of violations of zoning codes, building codes, and other related City regulations. • Directs the preparation of technical and administrative reports; presents reports along with recommendations to the City Administrator, City Council, boards and commissions. • Represents the Department to other departments, elected officials and external agencies. • Participates in a variety of boards, commissions and committees; interacts with external regulatory agencies. • Confers with developers, commercial representatives, industrial interests, property owners and others in promoting and coordinating the development and use of property within the City. • Completes special and ongoing projects and tasks assigned by the City Administrator and/or elected officials. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Civil Engineering or a closely related field; AND ten years of experience, including five years of supervisory or management experience, in public works, engineering, water resource management and/or Community Development. Master's Degree in Public Administration or Engineering highly desirable. Knowledge of: • City organization, operations, policies, and procedures. • State of California engineering principles and practices regarding design and construction of buildings, water facilities and technical inspection operations. • Applicable regulatory codes and laws regarding the development, construction and operation of public works, water, streets, planning, building and code enforcement. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of streets, buildings and water facilities. • Occupational hazards and standard safety procedures. • Principles and practices of administrative management. -9- December 2015 • Principles and practices of effective employee supervision. • Principles and practices of regulatory management. • Principles and practices of contract administration. • Principles and practices of water resource management. • Principles and practices of public works maintenance operations. • Principles and practices of building and zoning code enforcement. • Principles and practices of public finance. • Principles and practices of project management. • Principles and practices of strategic planning. • Customer service standards and protocols. Skill in: • Directing the work of subordinate staff. • Defining problems, establishing facts and drawing valid conclusions. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Interpreting and applying City, state and federal policies, laws and regulations. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Building effective teams and providing efficient customer services. • Understanding and negotiating complex technical agreements with external agencies. • Formulating and presenting policy recommendations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Responding to emergency and problem situations effectively. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with the public. • Establishing and maintaining cooperative working relationships with City Administrator, City Council, managers, supervisors, staff, contractors, suppliers, developers, businesses, external public agencies and the general public. • Operating a personal computer and various software applications. LICENSE AND CERTIFICATION REQUIREMENTS: Registration as a Professional Engineer. Registration as a Professional Land Surveyor is desirable. Certified Building Official or must obtain within two year of hire date. Possession of a valid State of California driver's license PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed primarily in an office environment with some exposure to an outdoor work environment. May be required to climb ladders. May be exposed to dangerous machinery. - 10- December 2015 ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of $ pursuant to my employment agreement with the City of Vernon. I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. I further acknowledge that this Acknowledgment and Release releases the City from and waives any claims I may have against the City, its employees, officers and agents, stemming from my employment relationship, including the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code §1542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated: Employee December 2015 D'' �1111 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: February 16, 2016 TO: Honorable Mayor and City Council FROM: A.J. Wilson, Interim City Administrator Originator: Kristen Enomoto, Deputy City Administrator RE: Resolution Appointing Derek Wieske to Serve as Director of Public Works, Water and Development Services and Approving and Authorizing the Execution of a Related Employment Agreement Recommendation A. Find that approval of the agreement proposed in this staff report is exempt from the California Environmental Quality Act ("CEQA"), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the attached resolution appointing Derek Wieske to serve as the Director of Public Works, Water and Development Services of the City of Vernon effective February 22, 2016, and approving and authorizing the execution of a related at -will employment agreement. Background On September 29, 2015, following the announcement of the December 27, 2015 retirement of the former Public Works, Water and Development Services Director, the Interim Director of Human Resources began the recruitment process to fill the anticipated vacancy. Recruitment Summary A broad outreach to potential candidates was conducted resulting in forty-five (45) applications. Twenty-six (26) applicants met the City's minimum qualifications for the position. Those applications were reviewed with the Interim Human Resources Director and four (4) applicants were deemed highly qualified and were invited to participate in a first -round interview conducted by an internal/external combined interview panel. One (1) candidate did not attend the panel interview, so only (3) candidates were interviewed. The interview panel consisted of the City Administrator, Police Chief, Economic Development Manager, Director of Public Works, Water Page 1 of 3 and Development Services, and the Vernon Chamber of Commerce CEO/President. The two (2) highest-ranking candidates were referred to the final interview selection with the City Council. The City Council conducted interviews with the two (2) highest-ranking candidates at a special City Council meeting held on December 15, 2015. After thorough consideration and deliberation, the City Council unanimously determined Derek Wieske to be the best -qualified candidate to meet the needs of the City and the Public Works, Water and Development Services Department. As such, the City Council directed the City Administrator to pursue the employment of Derek Wieske as the Director of Public Works, Water and Development Services for City of Vernon, subject to approval of an at -will employment agreement and successful completion of the pre -employment process. Candidate Summary Mr. Wieske currently serves as Assistant City Engineer for the Long Beach Public Works Department. He is a registered civil engineer with more than 25-years of professional experience and management expertise in municipal capital projects, private development review, and city infrastructure improvements, such as roads, bridges and drainage systems, as well as street maintenance, solid waste management, traffic signal improvements, and bike infrastructure. Over the course of his professional career, Mr. Wieske has served as Public Works Director for the cities of Rancho Santa Margarita and Los Alamitos, Deputy Public Works Director for Rialto, Assistant City Engineer for Laguna Beach, Civil Engineering Associate for Lake Forest and Civil Engineer for Orange. Mr. Wieske has a master's degree in Business Administration and a master's degree in Science (Civil Engineering) from California State University, Long Beach. He earned his bachelor's degree in Civil Engineering from University of California, Irvine. Given Mr. Wieske's qualifications and extensive experience, he is well suited to meet the needs of the City's Public Works, Water and Development Services Department, and will be a valuable addition to the executive team. At -Will Employment Agreement Both Mr. Wieske and the City have executed the standard form at -will employment agreement utilized for nearly all executive positions. The only modifications to the standard provisions are outlined below: ■ Employee must obtain Building Official Certification within two (2) years from hire date. Employee will not be eligible for a merit pay increase until Building Official Certification and a performance evaluation with a rating of satisfactory or better is achieved. ■ City agrees to provide Employee forty (40) hours of sick leave as of February 22, 2016, in addition to regular leave accruals that will be earned at the regular Executive Leave Schedule accrual rate. Page 2 of 3 Fiscal Impact The approximate annual cost to fill the Director of Public Works, Water and Development Services position as proposed in this staff report is $261,150 (salary of $198,612, plus fringe benefits). The approximate cost for the remainder of this fiscal year is $95,000, and sufficient funds were included in the budget for FY 2015-2016. Attachment(s) None. Page 3 of 3