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Resolution No. 2016-021RESOLUTION NO. 2016-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING LEWIS POZZEBON TO SERVE AS THE INTERIM DIRECTOR OF HEALTH AND ENVIRONMENTAL CONTROL AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on April 19, 2016, the position of Director of the Health and Environmental Control Department of the City of Vernon became vacant upon the departure of Leonard Grossberg; and WHEREAS, in light of pressing public matters related to the Health and Environmental Control Department, management opted to fill the vacancy on a temporary basis until recruitment for an individual to fill the Director position on a permanent basis can be completed; and WHEREAS, the Director of Health and Environmental Control position is an executive -level position responsible for overseeing the City's unique health department needs, and requires someone with specific skills and experience in a broad range of regulatory and compliance issues; and WHEREAS, in compliance with Government Code section 21221(h), the Vernon City Council must approve the appointment of a retiree to fill a vacant position on an interim basis during a recruitment to permanently fill the vacant position; and WHEREAS, Lewis Pozzebon ("Pozzebon") retired from the City of Vernon in the position of Director of Health and Environmental Control, effective on or about, January 2012, and is available to serve in the position of Interim Director of Health and Environmental Control on an interim basis until the City finds a qualified candidate to permanently fill the vacancy; and WHEREAS, Pozzebon has special skills necessary to perform the duties of the Interim Director of the Health and Environmental Control Department because of his many years of experience in the field, and his familiarity with the City and its distinct needs; and WHEREAS, by memorandum dated May 3, 2016, the City Administrator has recommended the (i) appointment of Pozzebon to serve as the Interim Director of the Health and Environmental Control Department of the City of Vernon effective April 25, 2016 and (ii) approval and authorization to execute a Temporary At -Will Employment Agreement (the "Agreement") which has been executed by Pozzebon; and WHEREAS, consistent with Ca1PERS rules, Pozzebon will be paid within the published salary range for the Director position, and will receive no other compensation or benefits for his services, and will work no more than 960 hours per fiscal year; and WHEREAS, the City Council of the City of Vernon desires to appoint Pozzebon to serve as the Interim Director of the Health and Environmental Control Department on a temporary basis, and approve and authorize the execution of the Agreement. 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) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a - 2 - project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment. SECTION 3: The City Council of the City of Vernon hereby appoints Lewis Pozzebon to serve as the Interim Director of the Health and Environmental Control Department of the City of Vernon effective April 25, 2016. SECTION 4: The City Council of the City of Vernon hereby finds that this single interim appointment is necessary to fill the vacant position of Director of the Health and Environmental Control Department because the Department requires an Interim Director to maintain supervision, continuity and momentum on important ongoing public issues and projects. SECTION 5: The City Council of the City of Vernon hereby approves and authorizes the execution of the Temporary At -Will Employment Agreement with Pozzebon to serve as the Interim Director of the Health and Environmental Control Department of the City of Vernon, a copy which is attached hereto as Exhibit A. SECTION 6: The City Council of the City of Vernon hereby authorizes the City Administrator to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 7: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the - 3 - transactions herein approved or authorized, including but not limited to, any non -substantive changes to the Agreement attached herein. SECTION 8: 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 Pozzebon. SECTION 9: The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Pozzebon and shall have him subscribe to it and file it with the Human Resources Department. SECTION 10: 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 3rd day of May, 2016. ATTEST: aria E . Ayala Cit Clerk / er APPROVED AS TO FORM: Name: William J. Davis Title: r--�� Mayor M ems— Y ZaynA4 P,IMoussa, Deputy City Attorney - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala , City Clerk / De ••};• r_l-h G eLak of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-21, 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, May 3, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 1 day of May, 2016, at Vernon, California. (SEAL) - 5 - �. Maria E.�Iala City Clerk / y Deputy GitG er-k L - 1 EXHIBIT A TEMPORARY AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND LEWIS POZZEBON This Agreement is between the City of Vernon ("City") and Lewis Pozzebon (hereinafter referred to as "Employee"). Recitals City desires to employ Employee as an at -will temporary employee in the position of Interim Director of the Health and Environmental Control Department, while the City conducts its recruitment for a permanent Director of Health and Environmental Control, and will terminate Employee's services upon the City's appointment of a permanent Director of Health and Environmental Control. Employee desires to be the Interim Director of the Health and Environmental Control Department and acknowledges that such employment is temporary and at -will. Government Code Section 21221(h) permits retired annuitants under the California Public Employees' Retirement System ("CalPERS") to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during the recruitment to permanently fill the vacant position. Employee is a CalPERS retired annuitant under Government Code Section 21221(h), and possesses extensive experience in local municipal health and environmental control department management, and the skill set to perform the required duties of Interim Director of Health and Environmental Control. 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 temporary employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be April 25, 2016 . Employee's appointment is temporary, until such time as a Director of the Health and Environmental Control Department is appointed by the City Council upon completion of a recruitment process to fill the position on a permanent basis. 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 ten (10) calendar days written notice. Employee may resign with ten (10) calendar days advance notice as set forth in Section 5 below. Section 2: DUTIES A. City engages Employee as the Interim Director of the Health and Environmental Control Department to perform the functions and duties specified in 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. 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 as directed by the City Administrator, 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. 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. Section 3: COMPENSATION A. As compensation for the services to be rendered by Employee, Employee shall be paid $100.2577 per hour of work, payable in biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. B. Pursuant to City payroll policies and procedures, Employee shall submit to the City Administrator a timesheet/invoice signed and attested for services completed and hours worked, and authorized expenses, during each work week. C. Employee shall be reimbursed for portal to portal mileage (at rate determined by IRS), actual expenses for food and lodging for travel to and from the City for required work. All reimbursement requests must be approved by the City Administrator. D. Compensation provided herein shall constitute complete and full payment to Employee for the services provided hereunder. E. Under no circumstances shall Employee work more than 960 hours during any City fiscal year. Section 4: BENEFITS A. This is a temporary employee position that is not eligible for any employee benefits. -2- Section 5: TERMINATION A. The parties agree that this appointment is temporary, until such time as a permanent Director of Health and Environmental Control is appointed by the City Council. B. Employee is a temporary, at -will employee and serves at the will and pleasure of the City Administrator and this Agreement may be terminated by the City at any time, without cause, subject to the notice requirements and conditions of Section 1. C. The Agreement may be terminated by Employee at any time. Employee agrees to provide at least ten (10) calendar days advance written notice of the effective date of his resignation. Section 6: 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: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: 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. -3- 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. Effect of Agreement on Employee's CaIPERS Retirement Benefits City makes no representation on the impact, if any, this Agreement shall or may have upon Employee's CalPERS retirement benefits, status, duties, and/or obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any such representations in assessing the CalPERS-related impact of his temporary employment. Therefore, Employee releases the City from any and all CalPERS-related claims or liabilities that may arise in connection with his employment pursuant to this Agreement. H. Effective Date This Agreement shall take effect on April 25, 2016. [Signatures Begin on Next Page]. -4- IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. Dated: City of Vernon, a California charter City and California municipal corporation M Carlos Fandino, City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -s- In signing this Agreement, Employee understands and agrees that his employment status is that of a temporary 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:���� Signed: Employee -6- ATTACHMENT A SCOPE OF WORK Employee shall provide temporary supervision of environmental health services to City of Vernon as determined by the City Administrator or designee. Said services shall include, but are not limited to, the following: A. On an interim basis, Employee shall perform duties as the Interim Director of Health and Environmental Control in planning, organizing, directing, and coordinating the activities and programs of the Health and Environmental Control Department and its staff members in order to conduct routine inspections, investigations and permitting of regulated environmental health facilities in the City of Vernon, which include, but are not limited to, the following: food sanitation, hazardous materials, solid waste management, CUPA facilities, vector control, and other environmental health services. B. At the direction of the City Administrator Employee shall work remotely and as needed provide on -site services to the City. C. Employee shall provide oversight and review of administrative functions including facility permits, business plans, reports, correspondence, and facility files for completeness and prepare necessary reports or correspondence. D. To the extent required, Employee shall attend training and meetings on behalf of the City. E. To the extent required, Employee shall assist City with preparation of state reports, state evaluations, and special meetings that are conducted in the City as recognized within the scope and practice of environmental health. F. Employee shall assist City with environmental health program planning and evaluation. G. To the extent required, Contractor shall determine policy, manage personnel and budgets, develop and refine programs, formulate operational objectives, and is responsible to manage and direct a variety of City environmental health programs. H. To the extent required, liaison with other City Departments, State, Federal, and local agencies and commissions. -7- FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Lewis Pozzebon CONTRACT PURPOSE: Temporary At -Will Employment Agreement for Director of Health and Environmental Control CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS ® BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $100.2577 / hr (960 max/yrtharge Acct. No(s) 011.1060.501010 50%; 011.1061.501010 25%; 060.6060.501010 25% Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Diana Figueroa PHONE: ext. 570 AUTHORIZATION: IN Approved by Council on 5/3/16 (Check One) Resolution No.-26/(o- 1(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) r Checks compliance with Competitive Bidding & Living Wage Ordinances Y� 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 TRANSMITTAL COMMUNICATION OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 June 16, 2016 Lewis Pozzebon Re: Temporary At Will Employment Agreement — Interim Director of Health and Environmental Control Department Dear Mr. Pozzebon: Transmitted herewith is an original fully executed employment agreement, approved by City Council through Resolution No. 2016-21 on May 3, 2016. If you have any questions regarding this matter, please call Carlos Fandino at (323) 583-8811 ext. 570. Very truly yours, Deborah R. Ju Records Management Assistant Enclosure c: Carlos Fandino Isaac Garibay Joaquin Leon Resolution No. 2016-21 Agreement File No. 16-064 EXclusively Industrial FULLY EXECUTED AGREEMENT TEMPORARY AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND LEWIS POZZEBON This Agreement is between the City of Vernon ("City") and Lewis Pozzebon (hereinafter referred to as "Employee"). Recitals City desires to employ Employee as an at -will temporary employee in the position of Interim Director of the Health and Environmental Control Department, while the City conducts its recruitment for a permanent Director of Health and Environmental Control, and will terminate Employee's services upon the City's appointment of a permanent Director of Health and Environmental Control. Employee desires to be the Interim Director of the Health and Environmental Control Department and acknowledges that such employment is temporary and at -will. Government Code Section 21221(h) permits retired annuitants under the California Public Employees' Retirement System ("CalPERS") to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during the recruitment to permanently fill the vacant position. Employee is a CalPERS retired annuitant under Government Code Section 21221(h), and possesses extensive experience in local municipal health and environmental control department management, and the skill set to perform the required duties of Interim Director of Health and Environmental Control. 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 temporary employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be April 25, 2016 . Employee's appointment is temporary, until such time as a Director of the Health and Environmental Control Department is appointed by the City Council upon completion of a recruitment process to fill the position on a permanent basis. 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 ten (10) calendar days written notice. Employee may resign with ten (10) calendar days advance notice as set forth in Section 5 below. Section 2: DUTIES A. City engages Employee as the Interim Director of the Health and Environmental Control Department to perform the functions and duties specified in 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. 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 as directed by the City Administrator, 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. 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. Section 3: COMPENSATION A. As compensation for the services to be rendered by Employee, Employee shall be paid $100.2577 per hour of work, payable in biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. B. Pursuant to City payroll policies and procedures, Employee shall submit to the City Administrator a timesheet/invoice signed and attested for services completed and hours worked, and authorized expenses, during each work week. C. Employee shall be reimbursed for portal to portal mileage (at rate determined by IRS), actual expenses for food and lodging for travel to and from the City for required work. All reimbursement requests must be approved by the City Administrator. D. Compensation provided herein shall constitute complete and full payment to Employee for the services provided hereunder. E. Under no circumstances shall Employee work more than 960 hours during any City fiscal year. Section 4: BENEFITS A. This is a temporary employee position that is not eligible for any employee benefits. -2- Section 5: TERMINATION A. The parties agree that this appointment is temporary, until such time as a permanent Director of Health and Environmental Control is appointed by the City Council. B. Employee is a temporary, at -will employee and serves at the will and pleasure of the City Administrator and this Agreement may be terminated by the City at any time, without cause, subject to the notice requirements and conditions of Section 1. C. The Agreement may be terminated by Employee at any time. Employee agrees to provide at least ten (10) calendar days advance written notice of the effective date of his resignation. Section 6: 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: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Lewis Pozzebon 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. -3- 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. Effect of Agreement on Employee's CaIPERS Retirement Benefits City makes no representation on the impact, if any, this Agreement shall or may have upon Employee's CalPERS retirement benefits, status, duties, and/or obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any such representations in assessing the CalPERS-related impact of his temporary employment. Therefore, Employee releases the City from any and all CalPERS-related claims or liabilities that may arise in connection with his employment pursuant to this Agreement. H. Effective Date This Agreement shall take effect on April 25, 2016. [Signatures Begin on Next Page]. -4- IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator, and executed by the Employee. Dated: (g _ � City of Vernon, a California charter City and California municipal corporation By: ndino, City Admini ator ATTEST: , Mari E.Ayala, ity Clerk Appr a f m: 7A Aft- Hema a , it or ey Sm In signing this Agreement, Employee understands and agrees that his employment status is that of a temporary 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: 4 -6- ATTACHMENT A SCOPE OF WORK Employee shall provide temporary supervision of environmental health services to City of Vernon as determined by the City Administrator or designee. Said services shall include, but are not limited to, the following: A. On an interim basis, Employee shall perform duties as the Interim Director of Health and Environmental Control in planning, organizing, directing, and coordinating the activities and programs of the Health and Environmental Control Department and its staff members in order to conduct routine inspections, investigations and permitting of regulated environmental health facilities in the City of Vernon, which include, but are not limited to, the following: food sanitation, hazardous materials, solid waste management, CUPA facilities, vector control, and other environmental health services. B. At the direction of the City Administrator Employee shall work remotely and as needed provide on -site services to the City. C. Employee shall provide oversight and review of administrative functions including facility permits, business plans, reports, correspondence, and facility files for completeness and prepare necessary reports or correspondence. D. To the extent required, Employee shall attend training and meetings on behalf of the City. E. To the extent required, Employee shall assist City with preparation of state reports, state evaluations, and special meetings that are conducted in the City as recognized within the scope and practice of environmental health. F. Employee shall assist City with environmental health program planning and evaluation. G. To the extent required, Contractor shall determine policy, manage personnel and budgets, develop and refine programs, formulate operational objectives, and is responsible to manage and direct a variety of City environmental health programs. H. To the extent required, liaison with other City Departments, State, Federal, and local agencies and commissions. -7- STAFF REPORT RECE1'D APR 2 8 2016 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: May 3, 2016 TO: Honorable Mayor and City Council V FROM: Carlos R. Fandino tY Jr., Ci AdministratorOriginator: Diana Figueroa, Administrative Secreta RE: Resolution Appointing Lewis Pozzebon to Serve as Interim Director of Health and Environmental Control and Approving and Authorizing the Execution of a Related Temporary At -Will Employment Agreement Recommendation It is recommended that the City Council: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 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 Lewis Pozzebon to serve as the Interim Director of Health and Environmental Control for the City of Vernon, approving and authorizing the execution of a related temporary at -will employment agreement with an effective date of April 25, 2016. This appointment is temporary, until such time as a Director is appointed by Council upon completion of a recruitment process to fill the position on a permanent basis. Background Upon news of the planned departure of incumbent Director of Health and Environmental Control, Leonard Grossberg, and in light of pressing public matters related to the Health and Environmental Control Department, management opted to fill the vacancy on a temporary basis until recruitment for an individual to fill the Director position on a permanent basis can be completed. Page 1 of 3 Under Government Code section 21221(h), CalPERS agencies are permitted to allow a CalPERS retiree to serve without reinstatement from retirement for a single interim appointment to a vacant managerial, executive or other unique position. The City Council is required to approve such interim appointments and make specific findings of a need to hire the retiree. The Director of Health and Environmental Control position is an executive -level position responsible for overseeing the City's unique health department needs, and requires someone with specific skills and experience in a broad range of regulatory and compliance issues. One of only four cities in the state of California with its own health department, the Vernon Department of Health and Environmental Control provides comprehensive and efficient services to meet the City's goal of protecting the environment and ensuring the health and safety of its residents, works, visitors and neighboring communities, while meeting the needs of the City's large industrial sector. Candidate Background Mr. Pozzebon served as the Director of Health and Environmental Control for the City of Vernon from 1993 through 2012. Prior to his Director role, Mr. Pozzebon worked within the City of Vernon Health and Environmental Control Department as a Deputy Director (1987-1993) and an Environmental Health Specialist (1986-1987). Therefore, he is familiar with the unique landscape of the City and its distinct needs. Throughout his career, Mr. Pozzebon has been involved in numerous committees and has maintained many professional affiliations that have enhanced his level of expertise. Additionally, he has authored articles that have been published in the California Journal of Environmental Health. With a Bachelor's Degree in Psychology from University of Southern California and a Certificate in Hazardous Materials Management from University of California, Irvine in conjunction with his extensive experience, Mr. Pozzebon is well suited to meet the requirements of the City's Health and Environmental Control Department, and will be a valuable addition to the executive team during this temporary vacancy. Mr. Pozzebon's interim appointment to the vacant Director of Health and Environmental Control position meets the CalPERS requirements for hiring a retired annuitant for the following reasons: • The Director of Health and Environmental Control is a key executive -level position that requires specialized, technical skills and experience in health and environmental control issues, including compliance and regulatory expertise • The Director position is currently vacant • An open recruitment to permanently fill the vacancy is pending, and there is a limited pool of experienced municipal health and environmental control department directors • The Health and Environmental Control Department needs an interim Director to maintain continuity and momentum on several important issues, including but not limited to the Exide plant closure and related remediation Page 2 of 3 • Mr. Pozzebon has over 40 years of previous experience working on health and environmental control issues, including 19 years with the City of Vernon's Health and Environmental Control Department • This will be a single interim appointment only for the duration of the recruitment to fill the permanent position • Mr. Pozzebon will work a part-time schedule, not to exceed 960 hours per fiscal year • Mr. Pozzebon will be paid $100.2577 per hour, which is within the published pay range for the Director position • Mr. Pozzebon will not receive any other form of compensation, benefits, or incentives Temporary At -Will Employment Agreement The temporary at -will employment agreement for the Interim Director of Health and Environmental Control has been reviewed and approved by the City Attorney's office. It is attached hereto as Exhibit A of the resolution for City Council's approval and authorization. The Agreement establishes an effective date of April 25, 2016, and an hourly salary of $100.2577 per hour. Consistent with CalPERS rules, Mr. Pozzebon will be paid within the published salary range for the Director position, and will receive no other compensation or benefits for his services. The temporary at -will employment agreement between the City of Vernon and Mr. Pozzebon is slightly different than the standard executive at -will employment agreement. The differences are as follows: • It is an agreement for a temporary Interim Director of Health and Environmental Control employment assignment; as such, it is not eligible for benefits or leave accruals • The agreement only requires ten (10) calendar days advance written notice of a resignation from employee and requires a ten (10) calendar day termination notice from City, as opposed to the standard 30 day notice requirement Fiscal Impact All costs associated with the aforementioned interim appointment are being absorbed by the existing Health and Environmental Control department budget. Attachment(s) None. Page 3 of 3