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Resolution No. 2016-044RESOLUTION NO. 2016-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING KELLY NGUYEN TO SERVE AS THE DIRECTOR OF GAS & ELECTRIC OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on March 15, 2016, following the appointment of Carlos Fandino, Jr. as the City Administrator and his simultaneous resignation as the Director of Gas & Electric, the City Council of the City of Vernon authorized the Human Resources Department to conduct the recruitment process to fill the 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 July 12, 2016; and WHEREAS, the City Council of the City of Vernon determined Kelly Nguyen ("Nguyen") to be the most qualified candidate and directed the City Administrator to pursue the employment of Nguyen as the Director of Gas & Electric 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 Council of the City of Vernon desires to appoint Nguyen to serve as the Director of Gas & Electric, effective August 15, 2016. 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 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. SECTION 3: The City Council of the City of Vernon hereby appoints Kelly Nguyen to serve as the Director of Gas & Electric of the City of Vernon, effective August 15, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Nguyen to serve as Director of Gas & Electric of the City of Vernon, in substantially the same form as the 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 Nguyen and shall have her 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 Nguyen. - 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 2nd day of August, 2016. Name: William J. Davis Title: Mayor / ATTEST: 77 (�' 67� Mari E. Ay a City Cl / APPROVED AS TO FORM: ZaynaYi ,Mc3&ssa, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I Maria E . Ayala City Clerk / �rerr��f the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-44, 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, August 2, 2016, and thereafter was duly signed by the Mayor 4day g , ayor Pro-Tem of the City of Vernon. Executed this of August, 2016 at Vernon California. (SEAL) - 4 - *aria E . yaCit1er- EXHIBIT A INVITES YOUR INTEREST IN THE POSITION OF R OF GAS AND ELECTRIC CITY OF VERNON 4305 SANTA FE AVENUE, VERNON, CA 90058 EXCL USI VEL Y IND US TRIA L is an industrial miles located he southeast of eles. Founded exclusively in - ant uniquely friendly to business 'tune 500 companies in industries that apparel, steel, plastics, logistics �ertpgn maintains strong philanthropic ag communities where much of its rig significant support for public ser- and education. own into one of the most effi- governments in the region. This municipal services tailored to ss community. the United States with a Class one of four cities in California nent, specializing in industrial l utilities, offering gas and fiber optics. 46 the 2015 and 2014 Los Angeles relopment Corporation's "Most Busi- wd competition for cities with less Vernon won the award in 2008. THE ORGANIZATION 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 amendments, 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 approxi- mately 250 employees. Vernon continues on the path towards creat- ing greater accountability and transparency with the goal to create a model government. In the past five years, Vernon has undergone tremendous change. Through the city's im- plementation of more than 150 good govern- ance reforms, Vernon — the city that has billed itself as "Exclusively Industrial" for over 110 years — has firmly established itself as a model city for good governance. The City Council is seeking a Department Head committed to good governance practices. Key challenges and opportunities facing the Director of Vernon Gas & Electric in- clude: Working collaboratively with the City's executive team and elected officials to further the City's efforts to become a model city Directing a staff of 46 highly motivated individuals in a variety of disciplines Assuming lead role in managing and bal- ancing the VG&E annual budget, a $160 million Enterprise Fund Negotiating power resources, transmis- sion and professional service contracts for the acquisition, development, or man- agement of power resources on behalf of VG&E to support various integrated re- source plans Guiding staff to pursue innovative meth- ods to meet the service goals of the VG&E operation that will directly im- pact the future of the City of Vernon THE POSITION ESSENTIAL JOB FUNCTIONS of all functins and The Director of Gas and Electric provides leadership pert formed by s is not a cincumbents in the Dgirector of Gas and Ele tries and directs the activities of the Utilities Engineering, classification: Compliance, Re- source Planning, Fiber Optics, Gas and Operations Di- visions of the City's Department of Gas and Electric. cal member of the Executive team that has been as- sembled to successfully address and respond to the myriad of issues that Vernon faces on a daily basis. The Director of Gas and Electric supports the relation- ship between the City of Vernon and the general pub- lic by demonstrating courteous and cooperative behav- ior when interacting with the public and City Staff. The Director of Gas and Electric must have diverse knowledge in a variety of fields and be able to direct staff. The role requires the oversight of any and all gas and electric matters, the utilization of expertise to evaluate solutions, and the ability to provide critical feedback to urgent, complex issues that arise. Flexi- bility, levelheadedness in high-pressure situations, effective communication, and delivery of sound di- rection to staff are components of an effective leader for the Gas & Electric Department. • Plans, directs, and coordinates through subordinate staff the Depart- ment'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. • Serves as a technical advisor to the City Administrator and the City Council regarding the City's gas and electric utilities. • Plans, organizes, directs and reviews all electrical and gas utility opera- tions. • 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. Develops and administers annual operating and capital budgets; moni- tors budget, revenue, and expenditure trends; measures and evaluates organizational effectiveness. Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the design, construction, and mainte- nance of electric and gas utility systems. • Develops overall policies, financial resources, and facility plans for electric and gas utilities in conjunction with key staff and consultants. • Conducts resource planning with other agencies and businesses requir- ing negotiations involving complex terms and conditions for integrated power resources and for participation in joint ownership of transmis- sion and generation facilities. • Directs the preparation of technical/administrative reports; presents reports/recommendations to the City Administrator, City Council, Boards and Commissions. • Coordinates with consultants and other agencies on regulatory and leg- islative matters affecting power resources and gas operations. • Monitors and evaluates the efficiency and effectiveness of service de- livery methods and procedures; monitors and evaluates work load, tech- nical support systems, internal reporting relationships, and inter -agency issues; identifies opportunities for improvement, and develops recom- mendations. • 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 -related issues and City information; performs other duties as re- quired or assigned. THE IDEAL CANDIDATE The ideal candidate is someone who can properly prioritize his/her workload, follows through, and who is detail ori- ented, well organized, decisive and has a sense of urgency. He/She should be a team player who is open and approach- able; able to identify, select and motivate subordinate staff, and can handle ambiguity. Furthermore, he/she should be responsive, in a timely manner, to requests from the Coun- cil, City Administrator, Department Heads and the public. He/She must be hardworking, energetic and confident, with a "can do" attitude. Finally, the Director of Gas and Electric needs to be trustworthy, ethical, articulate, and have good people skills. Education Training and Experience: Bachelor's Degree in Business, Civil or Electrical Engineer- ing or a closely related field; AND ten years of utility opera- tions experience, including five years of supervisory or man- agement experience. License and Certification Requirements: A valid California State Driver's License is required. A valid State of California Grade II Water Distribution Li- cense is desirable. Additional training/certification may be required. Knowledge of: Applicable regulatory codes and laws regarding the devel- opment, construction and operation of gas and electric utilities. • Customer service standards and protocols. • General Orders (CPUC) rules for construction and mainte- nance of overhead and underground electric supply and communications systems. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and mainte- nance of gas and electric utilities. • Occupational hazards and standard safety procedures. • Principles and practices for operating public electric, wa- ter, and gas utilities; administrative management, contract administration and project management, effective employ- ee supervision, public finance, regulatory management, strategic planning, and water resource management. Skill in: • Building effective teams and providing efficient customer services. • Communicating effectively verbally and in writing. • Defining problems, establishing facts, and drawing valid conclusions. • Directing the work of subordinate staff and dealing tactfully and cour- teously with the public. • Establishing and maintaining cooperative working relationships with City Administrator, City Council, managers, supervisors, staff, con- tractors, suppliers, developers, businesses, external public agencies and the general public. • Formulating and presenting policy recommendations. • Interpreting and applying City, state and federal policies, laws and regulations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Operating a personal computer and various software applications. • Understanding and negotiating complex technical agreements with other agencies. • Using initiative and independent judgment within established proce- dural guidelines. Compensation: The proposed monthly salary range for this position is $18,248.00—$22,180.00. Salary placement depends upon qualifications. In addition, benefits are provided which in- clude: vacation, holidays, sick leave and administrative leave; medical, dental, vision and life insurance aggregate allowance of $13,440 per year; pre-tax supplemental insurance plans of- fered through AFLAC, Colonial Life, and Mutual of Omaha; the option of participating in a Section 125 IRS Plan for reim- bursement of dependent care and medical costs; retirement through the California Public Employees Retirement System (Ca1PERS), 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 employ- ees pay a 6.75% contribution); 457 deferred compensation plan available at employee cost (City does not contribute); the City does not participate in Social Security; credit union mem- bership 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 www.cityofvernon.or11 to apply online. The City of Vernon is an Equal Opportunity Employer. Filing Deadline: Tuesday, May 31, 2016 If you have any questions, please do not hesitate to contact Lisette Michel Grizzelle, in the Human Resources Department at (323)583-8811 ext. 166. EXHIBIT B AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND KELLY NGUYEN This Agreement is between the City of Vernon ("City") and Kelly Nguyen ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Gas and Electric. Employee desires to be the Director of Gas and Electric 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 August 15, 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 Gas and Electric 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. B. Employee agrees that to the best of her ability and experience that she 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. E. Employee acknowledges that in connection with the performance of her duties, she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that she 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. July 2016 Employee further agrees that if she has a question as to the confidentiality of information obtained in the course of her employment, she will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus her 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 her 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 $223,368.00, 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. 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 July 2016 E, below, the City agrees to pay the employee a severance amount 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 her obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to 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 her or abuse of her 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 her 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 her office or position. If Employee is provided funds for any legal criminal defense during her 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 her 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 her office or position. Section 8: RESIGNATION I RETIREMENT Employee may resign at any time. Employee may retire, provided she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of her 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 If Employee is permanently disabled or otherwise unable to perform her 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"). -3- July 2016 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: Carlos R. Fandino Jr., City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Kelly Nguyen 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. 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. -4- July 2016 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 August 15, 2016. [Signatures Begin on Next Page]. -5- July 2016 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 By: Carlos R. Fandino Jr., City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -6- July 2016 In signing this Agreement, Employee understands and agrees that her employment status is that of an at -will employee and that her 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 she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Signed: Employee -7- July 2016 ATTACHMENT A Job Description -8- July 2016 JOB DESCRIPTION Director of Gas and Electric Date Prepared: March 2016 Class Code: 8010 SUMMARY: Under administrative direction, provides leadership and direction over the activities of the City's Gas and Electric Department. 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. • Serves as a technical advisor to the City Administrator and the City Council regarding the City's gas and electric utilities. • Plans, organizes, directs and reviews all electrical and gas utility operations. • 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. • Develops and administers annual operating and capital budgets; monitors budget, revenue, and expenditure trends; measures and evaluates organizational effectiveness. • Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the design, construction, and maintenance of electric and gas utility systems. • Develops overall policies, financial resources, and facility plans for electric and gas utilities in conjunction with key staff and consultants. • Conducts resource planning with other agencies and businesses requiring negotiations involving complex terms and conditions for integrated power resources and for participation in joint ownership of transmission and generation facilities. • Directs the preparation of technical and administrative reports; presents reports and recommendations to the City Administrator, City Council, Boards and Commissions. • Coordinates with consultants and other agencies on regulatory and legislative matters affecting power resources and gas operations. • Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; monitors and evaluates work load, technical support systems, internal reporting relationships, and inter- agency issues;1dentifies opportunities for improvement, and develops recommendations. • 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 - related issues and City information; performs other duties as required or assigned. Director of Gas and Electric Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of utility operations experience, including five years of supervisory or management experience. Knowledge of: • Applicable regulatory codes and laws regarding the development, construction and operation of gas and electric utilities. • City organization, operations, policies, and procedures. • Customer service standards and protocols. • General Orders (CPUC) rules for construction and maintenance of overhead and underground electric supply and communications systems. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of gas and electric utilities. • Occupational hazards and standard safety procedures. • Principles and practices for operating public electric, water, and gas utilities. • Principles and practices of administrative management. • Principles and practices of contract administration and project management. • Principles and practices of effective employee supervision. • Principles and practices of public finance. • Principles and practices of regulatory management. • Principles and practices of strategic planning. • Principles and practices of water resource management. Skill in: • Building effective teams and providing efficient customer services. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with the public. • Defining problems, establishing facts, and drawing valid conclusions. • Directing the work of subordinate staff. • 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. • Formulating and presenting policy recommendations. • Interpreting and applying City, state and federal policies, laws and regulations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Operating a personal computer and various software applications. • Understanding and negotiating complex technical agreements with other agencies. • Using initiative and independent judgment within established procedural guidelines. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. A valid State of California Grade II Water Distribution License is desirable. Additional training/certification may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment; may involve occasional exposure to high voltage switches and inclement weather. Director of Gas and Electric Vernon CA 2 of 2 FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Kelly Nguyen CONTRACT PURPOSE: At -Will Employment Agreement for Director of Vernon Gas & Electric 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: $ 223,368.00 Charge Acct. No(s) 011.9000.501010 Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Lisette M. Grizzelle PHONE: ext. 166 AUTHORIZATION: ❑ Approved by Council on 08/02/2016 (Check One) Resolution No. 2016-44 (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 �, f 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 2i Approves insurance and sureties, if bonds required (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget r p� (4) City Attorney I plC Approves contract as to form, verifies bonds and insurance included I° (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 TRANSMTTAL COMMUNICATION of l OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 August 11, 2016 Kelly Nguyen Re: At -Will Employment Agreement — Director of Vernon Gas & Electric Dear Ms. Nguyen: Transmitted herewith is a copy of the original fully executed employment agreement, approved by City Council on August 2, 2016. If you have any questions regarding this matter, please call Lisette Grizzelle at (323) 583-8811 ext. 166. Very truly yours, C Deborah R. Juarei Records Management Assistant Enclosure Joaquin Leon Lisette Grizzelle Resolution No. 2016-44 Agreement File No. 16-091 Exclusively Indf stria! AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND KELLY NGUYEN This Agreement is between the City of Vernon ("City") and Kelly Nguyen ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Gas and Electric. Employee desires to be the Director of Gas and Electric 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 August 15, 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 Gas and Electric 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. B. Employee agrees that to the best of her ability and experience that she 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. E. Employee acknowledges that in connection with the performance of her duties, she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that she 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. July 2016 Employee further agrees that if she has a question as to the confidentiality of information obtained in the course of her employment, she will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus her 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 her 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 $223,368.00, 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. 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 -2- July 2016 E, below, the City agrees to pay the employee a severance amount 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 her obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City's Alcohol and Drug -Free Workplace Policy 111-1, conviction of a crime involving moral turpitude or involving personal gain to her or abuse of her 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 her 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 her office or position. If Employee is provided funds for any legal criminal defense during her 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 her 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 her office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of her 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 If Employee is permanently disabled or otherwise unable to perform her 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"). -3- July 2016 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: Carlos R. Fandino Jr., City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Kelly Nguyen 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. 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. -4- July 2016 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 August 15, 2016. [Signatures Begin on Next Page]. -s- July 2016 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: �b Lmc, City of Vernon, a California charter City and California municipal corporation By: Carlos R. Fandino Jr., City Administrator —71 ST: Maria Ay4CitJerk -6- • ilveA s toform* III � /� 1 �•.:__ July 2016 In signing this Agreement, Employee understands and agrees that her employment status is that of an at -will employee and that her 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 she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Signed: Employee July 2016 ATTACHMENT A Job Description -8- July 2016 JOB DESCRIPTION Director of Gas and Electric Date Prepared: March 2016 Class Code: 8010 SUMMARY: Under administrative direction, provides leadership and direction over the activities of the City's Gas and Electric Department. 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. • Serves as a technical advisor to the City Administrator and the City Council regarding the City's gas and electric utilities. • Plans, organizes, directs and reviews all electrical and gas utility operations. • 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. • Develops and administers annual operating and capital budgets; monitors budget, revenue, and expenditure trends; measures and evaluates organizational effectiveness. • Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the design, construction, and maintenance of electric and gas utility systems. • Develops overall policies, financial resources, and facility plans for electric and gas utilities in conjunction with key staff and consultants. • Conducts resource planning with other agencies and businesses requiring negotiations involving complex terms and conditions for integrated power resources and for participation in joint ownership of transmission and generation facilities. • Directs the preparation of technical and administrative reports; presents reports and recommendations to the City Administrator, City Council, Boards and Commissions. • Coordinates with consultants and other agencies on regulatory and legislative matters affecting power resources and gas operations. • Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; monitors and evaluates work load, technical support systems, internal reporting relationships, and inter- agency issues; identifies opportunities for improvement, and develops recommendations. • 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 - related issues and City information; performs other duties as required or assigned. Director of Gas and Electric Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of utility operations experience, including five years of supervisory or management experience. Knowledge of: • Applicable regulatory codes and laws regarding the development, construction and operation of gas and electric utilities. • City organization, operations, policies, and procedures. • Customer service standards and protocols. • General Orders (CPUC) rules for construction and maintenance of overhead and underground electric supply and communications systems. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of gas and electric utilities. • Occupational hazards and standard safety procedures. • Principles and practices for operating public electric, water, and gas utilities. • Principles and practices of administrative management. • Principles and practices of contract administration and project management. • Principles and practices of effective employee supervision. • Principles and practices of public finance. • Principles and practices of regulatory management. • Principles and practices of strategic planning. • Principles and practices of water resource management. Skill in: • Building effective teams and providing efficient customer services. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with the public. • Defining problems, establishing facts, and drawing valid conclusions. • Directing the work of subordinate staff. • 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. • Formulating and presenting policy recommendations. • Interpreting and applying City, state and federal policies, laws and regulations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Operating a personal computer and various software applications. • Understanding and negotiating complex technical agreements with other agencies. • Using initiative and independent judgment within established procedural guidelines. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. A valid State of California Grade II Water Distribution License is desirable. Additional training/certification may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment; may involve occasional exposure to high voltage switches and inclement weather. Director of Gas and Electric Vernon CA 2 of 2 STAFF REPORT STAFF REPORT CITY ADMINISTRATION DATE: August 2, 2016 RECEIVE JUL 2 7 2016 CITY CLERK'S ME TO: Honorable Mayor and City Council FROM: Carlos R. Fandino, Jr., City Administrator CfOriginator: Diana Figueroa, Administrative Secretary (Pe RE: Resolution Appointing Kelly Nguyen to Serve as Director of Vernon Gas & Electric and Approving the Execution of a Related Employment Agreement Recommendation 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 Kelly Nguyen to serve as the Director of Gas & Electric of the City of Vernon effective August 15, 2016, approving and authorizing the execution of a related at -will employment agreement. Background Following the appointment of Carlos R. Fandino, Jr. as the City Administrator on March 15, 2016 and his simultaneous resignation from the Director of Gas & Electric position, a recruitment process was initiated by the Human Resources Department to fill the vacancy. Recruitment Summary A broad outreach to potential candidates was conducted, resulting in the receipt of forty-five (45) applications. Twenty (20) applicants were deemed as highly qualified and advanced to the first round of interviews conducted by the Director of Human Resources and the Interim Director of Vernon Gas & Electric. From that pool of candidates, three (3) individuals were recommended for further consideration and were invited to participate in a second -round of interviews. An Page 1 of 3 interview panel of internal staff was assembled which included the Mayor, City Administrator, Interim Director of Gas & Electric, and Director of Human Resources. 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 in Closed Session at the City Council meeting held on July 12, 2016. After thorough consideration and deliberation, the City Council unanimously determined Kelly Nguyen to be the best -qualified candidate to meet the needs of the City and the Vernon Gas & Electric Department. As such, the City Council directed the City Administrator to pursue the employment of Kelly Nguyen as the Director of Vernon Gas & Electric for the City of Vernon, subject to approval of an at -will employment agreement and successful completion of the pre -employment process. Candidate Summary Ms. Nguyen currently serves as the Director of Energy Systems at the Southern California Public Power Authority (SCPPA). She has a strong technical understanding and extensive knowledge of the utility business, bringing over 17 years of experience in the industry to the Vernon Gas & Electric (VG&E) Department. Additionally, through her recent work, Ms. Nguyen has had an opportunity to form relationships with the management and staff of VG&E, as the department is a long-standing member of SCPPA. Over the course of her professional career, Ms. Nguyen has served as Senior Integrated Resources Planner and Power Resource Scheduler II for the City of Anaheim Public Utilities (APU), Energy Scheduler for California Energy Resource Scheduling (CERS), and Senior Supervisor and Market Specialist for California Power Exchange (Ca1PX). Ms. Nguyen acquired her Bachelor of Science in Business Administration with a Minor in Economics from California State University, Los Angeles. She has also pursued industry related training in the areas of WECC NERC Compliance, CAISO Market Operations and Cap & Trade, just to name a few. Given Ms. Nguyen's qualifications and extensive experience, she is well suited to meet the needs of the City's VG&E Department, and will be a valuable addition to the executive team. At -Will Employment Agreement The At -Will Employment Agreement for Director of Vernon Gas & Electric has been presented to Ms. Nguyen and is attached hereto as Exhibit B of the resolution for City Council's approval. The Agreement establishes an effective date of August 15, 2016, and a minimum starting salary of $223,368 per year, plus all benefits provided to executive personnel. The proposed Agreement has been reviewed and approved by the City Attorney' office and is consistent with the newly established at -will form agreement that has been presented to City Council for approval. Page 2 of 3 Appointment and Oath of Office Ms. Nguyen will be in attendance at the August 2, 2016 City Council meeting and will be prepared to take the oath of office at that time. She will assume the duties of the Director of Vernon Gas & Electric on August 15, 2016. Fiscal Impact The approximate annual cost to fill the Director of Vernon Gas & Electric position as proposed in this staff report is $298,142 (salary of $223,368, plus fringe benefits). Sufficient funds are included in the Department's budget for fiscal year 2016-2017. Attachment(s) 1. Resolution Appointing Kelly Nguyen to Serve as Director of Vernon Gas & Electric Page 3 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING KELLY NGUYEN TO SERVE AS THE DIRECTOR OF GAS & ELECTRIC OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT -WILL EMPLOYMENT AGREEMENT WHEREAS, on March 15, 2016, following the appointment of Carlos Fandino, Jr. as the City Administrator and his simultaneous resignation as the Director of Gas & Electric, the City Council of the City of Vernon authorized the Human Resources Department to conduct the recruitment process to fill the 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 July 12, 2016; and WHEREAS, the City Council of the City of Vernon determined Kelly Nguyen ("Nguyen") to be the most qualified candidate and directed the City Administrator to pursue the employment of Nguyen as the Director of Gas & Electric 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 Council of the City of Vernon desires to appoint Nguyen to serve as the Director of Gas & Electric, effective August 15, 2016. 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 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. SECTION 3: The City Council of the City of Vernon hereby appoints Kelly Nguyen to serve as the Director of Gas & Electric of the City of Vernon, effective August 15, 2016. SECTION 4: The City Council of the City of Vernon hereby approves and authorizes the execution of the At -Will Employment Agreement with Nguyen to serve as Director of Gas & Electric of the City of Vernon, in substantially the same form as the 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 Nguyen and shall have her 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 Nguyen. - 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 2nd day of August, 2016. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: ),411 sa, benior uepuLy uizy Azuorney - 3 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, ss City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , 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, August 2, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2016, at Vernon, California. (SEAL) City Clerk / Deputy City Clerk - 4 - EXHIBIT A INVITES YOUR OF GAS AND ELECTRIC CITY OF VERNON 4305 SANTA FE AVENUE, VERNON, CA 90058 EXCL USI VEL Y IND US TRIA L is an industrial miles located he southeast of ;tiles. Founded exclusively in- Southwestem anent uniquely friendly to business Chine 500 companies in industries that liWe, apparel, steel, plastics, logistics 'errion maintains strong philanthropic rig communities where much of its ng significant support for public ser- and education. grown into one of the most effi- .y governments in the region. This of municipal services tailored to iness community. s in the United States with a Class end one of four cities in California tment, specializing in industrial d utilities, offering , gas and fiber optics. 'ih. the 2015 and 2014 Los Angeles Olopment Corporation's "Most Busi- Ward competition for cities with less Vernon won the award in 2008. THE ORGANIZATION 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 amendments, 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 approxi- mately 250 employees. Vernon continues on the path towards creat- ing greater accountability and transparency with the goal to create a model government. In the past five years, Vernon has undergone tremendous change. Through the city's im- plementation of more than 150 good govern- ance reforms, Vernon — the city that has billed itself as "Exclusively Industrial" for over 110 years — has firmly established itself as a model city for good governance. The City Council is seeking a Department Head committed to good governance practices. elude: Working collaboratively with the City's executive team and elected officials to further the City's efforts to become a model city Directing a staff of 46 highly motivated) individuals in a variety of disciplines Assuming lead role in managing and bal- ancing the VG&E annual budget, a $160 million Enterprise Fund Negotiating power resources, transmis- sion and professional service contracts for the acquisition, development, or man- agement of power resources on behalf of VG&E to support various integrated re- source plans Guiding staff to pursue innovative meth- ods to meet the service goals of the VG&E operation that will directly im- pact the future of the City of Vernon POSITION The Director of Gas and Electric provides leadership and directs the activities of the Utilities Engineering, Compliance, Re- source Planning, '. Fiber Optics, Gas r , f�, and Operations Di- visions of the City's Department of Gas and Electric. ESSENTIAL JOB FUNCTIONS This is not a comprehensive listing of all functions and duties performed by incumbents in the Director of Gas and Electric classification: • Plans, directs, and coordinates through subordinate staff the Depart- ment'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. • Serves as a technical advisor to the City Administrator and the City Council regarding the City's gas and electric utilities. The Director of Gas and Electric is considered a criti- • Plans, organizes, directs and reviews all electrical and gas utility opera- tions. cal member of the Executive team that has been as- . Develops and manages short- and long-term Department goals, objec- sembled to successfully address and respond to the tives, policies, and procedures. myriad of issues that Vernon faces on a daily basis. • The Director of Gas and Electric supports the relation- ship between the City of Vernon and the general pub- lic by demonstrating courteous and cooperative behav- ior when interacting with the public and City Staff. Supervises subordinate staff; sets work priorities; creates work sched- ules; provides training; conducts performance evaluations; rewards and/ or disciplines employees. Develops and administers annual operating and capital budgets; moni- tors budget, revenue, and expenditure trends; measures and evaluates organizational effectiveness. • Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the design, construction, and mainte- nance of electric and gas utility systems. • Develops overall policies, financial resources, and facility plans for electric and gas utilities in conjunction with key staff and consultants. • Conducts resource planning with other agencies and businesses requir- ing negotiations involving complex terms and conditions for integrated power resources and for participation in joint ownership of transmis- sion and generation facilities. • Directs the preparation of technical/administrative reports; presents reports/recommendations to the City Administrator, City Council, Boards and Commissions. The Director of Gas and Electric must have diverse • Coordinates with consultants and other agencies on regulatory and leg - knowledge in a variety of fields and be able to direct islative matters affecting power resources and gas operations. staff. The role requires the oversight of any and all . Monitors and evaluates the efficiency and effectiveness of service de- gas and electric matters, the utilization of expertise to livery methods and procedures; monitors and evaluates work load, tech- nical support systems, internal reporting relationships, and inter -agency evaluate solutions, and the ability to provide critical issues; identifies opportunities for improvement, and develops recom- mendations. feedback to urgent, complex issues that arise. Flexi- bility, levelheadedness in high-pressure situations, effective communication, and delivery of sound di- rection to staff are components of an effective leader for the Gas & Electric Department. • 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 -related issues and City information; performs other duties as re- quired or assigned. l; a f THE IDEAL CANDIDATE The ideal candidate is someone who can properly prioritize his/her workload, follows through, and who is detail ori- ented, well organized, decisive and has a sense of urgency. He/She should be a team player who is open and approach- able; able to identify, select and motivate subordinate staff, and can handle ambiguity. Furthermore, he/she should be responsive, in a timely manner, to requests from the Coun- cil, City Administrator, Department Heads and the public. He/She must be hardworking, energetic and confident, with a "can do" attitude. Finally, the Director of Gas and Electric needs to be trustworthy, ethical, articulate, and have good people skills. Education Training and Experience: Bachelor's Degree in Business, Civil or Electrical Engineer- ing or a closely related field; AND ten years of utility opera- tions experience, including five years of supervisory or man- agement experience. tion valid California State Driver's License is required. A valid State of California Grade II Water Distribution Li- cense is desirable. Additional training/certification may be required. • Applicable regulatory codes and laws regarding the devel- opment, construction and operation of gas and electric utilities. Customer service standards and protocols. • General Orders (CPUQ rules for construction and mainte- nance of overhead and underground electric supply and communications systems. • Methods, materials, techniques and equipment used in construction, operations, inspection, design and mainte- nance of gas and electric utilities. • Occupational hazards and standard safety procedures. • Principles and practices for operating public electric, wa- ter, and gas utilities; administrative management, contract administration and project management, effective employ- ee supervision, public finance, regulatory management, strategic planning, and water resource management. Skill in: • Building effective teams and providing efficient customer services. • Communicating effectively verbally and in writing. • Defining problems, establishing facts, and drawing valid conclusions. • Directing the work of subordinate staff and dealing tactfully and cour- teously with the public. • Establishing and maintaining cooperative working relationships with City Administrator, City Council, managers, supervisors, staff, con- tractors, suppliers, developers, businesses, external public agencies and the general public. • Formulating and presenting policy recommendations. • Interpreting and applying City, state and federal policies, laws and regulations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Operating a personal computer and various software applications. • Understanding and negotiating complex technical agreements with other agencies. • Using initiative and independent judgment within established proce- dural guidelines. Compensation: The proposed monthly salary range for this position is $18,248.00—$22,180.00. Salary placement depends upon qualifications. In addition, benefits are provided which in- clude: vacation, holidays, sick leave and administrative leave; medical, dental, vision and life insurance aggregate allowance of $13,440 per year; pre-tax supplemental insurance plans of- fered through AFLAC, Colonial Life, and Mutual of Omaha; the option of participating in a Section 125 IRS Plan for reim- bursement of dependent care and medical costs; retirement through the California Public Employees Retirement System (Ca1PERS), 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 employ- ees pay a 6.75% contribution); 457 deferred compensation plan available at employee cost (City does not contribute); the City does not participate in Social Security; credit union mem- bership 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 www.cityofvernon.org to apply online. The City of Vernon is an Equal Opportunity Employer. Filing Deadline: Tuesday, May 31, 2016 If you have any questions, please do not hesitate to contact Lisette Michel Grizzelle, in the Human Resources Department at (323)583-8811 ext. 166. 1WXNIIall AT -WILL EMPLOYMENT AGREEMENT (NON -SAFETY) BETWEEN THE CITY OF VERNON AND KELLY NGUYEN This Agreement is between the City of Vernon ("City") and Kelly Nguyen ("Employee"). Recitals City desires to employ Employee as an at -will employee in the position of Director of Gas and Electric. Employee desires to be the Director of Gas and Electric 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 August 15, 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 Gas and Electric 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. B. Employee agrees that to the best of her ability and experience that she 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. E. Employee acknowledges that in connection with the performance of her duties, she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that she 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. July 2016 Employee further agrees that if she has a question as to the confidentiality of information obtained in the course of her employment, she will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus her 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 her 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 $223,368.00, 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. 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 July 2016 E, below, the City agrees to pay the employee a severance amount 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 her obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to 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 her or abuse of her 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 her 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 her office or position. If Employee is provided funds for any legal criminal defense during her 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 her 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 her office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of her 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 If Employee is permanently disabled or otherwise unable to perform her 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"). -3- July 2016 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: Carlos R. Fandino Jr., City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Kelly Nguyen 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. 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. -4- July 2016 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 August 15, 2016. [Signatures Begin on Next Page]. -S- July 2016 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 R. Fandino Jr., City Administrator ATTEST: Maria E. Ayala, City Clerk Approved as to form: Hema Patel, City Attorney -6- July 2016 In signing this Agreement, Employee understands and agrees that her employment status is that of an at -will employee and that her 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 she was given the opportunity to consult with an attorney prior to signing this Agreement. Dated: Signed: Employee -7- July 2016 ATTACHMENT A Job Description -8- July 2016 JOB DESCRIPTION Director of Gas and Electric Date Prepared: March 2016 Class Code: 8010 SUMMARY: Under administrative direction, provides leadership and direction over the activities of the City's Gas and Electric Department. 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. • Serves as a technical advisor to the City Administrator and the City Council regarding the City's gas and electric utilities. • Plans, organizes, directs and reviews all electrical and gas utility operations. • 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. • Develops and administers annual operating and capital budgets; monitors budget, revenue, and expenditure trends; measures and evaluates organizational effectiveness. • Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the design, construction, and maintenance of electric and gas utility systems. • Develops overall policies, financial resources, and facility plans for electric and gas utilities in conjunction with key staff and consultants. • Conducts resource planning with other agencies and businesses requiring negotiations involving complex terms and conditions for integrated power resources and for participation in joint ownership of transmission and generation facilities. • Directs the preparation of technical and administrative reports; presents reports and recommendations to the City Administrator, City Council, Boards and Commissions. • Coordinates with consultants and other agencies on regulatory and legislative matters affecting power resources and gas operations. • Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; monitors and evaluates work load, technical support systems, internal reporting relationships, and inter- agency issues; -identifies opportunities for improvement, and develops recommendations. • 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 - related issues and City information; performs other duties as required or assigned. Director of Gas and Electric Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of utility operations experience, including five years of supervisory or management experience. Knowledge of: • Applicable regulatory codes and laws regarding the development, construction and operation of gas and electric utilities. • City organization, operations, policies, and procedures. • Customer service standards and protocols. • General Orders (CPUC) rules for construction and maintenance of overhead and underground electric supply and communications systems. • Methods, materials, techniques and equipment used in construction, operations, maintenance of gas and electric utilities. • Occupational hazards and standard safety procedures. • Principles and practices for operating public electric, water, and gas utilities. • Principles and practices of administrative management. • Principles and practices of contract administration and project management. • Principles and practices of effective employee supervision. • Principles and practices of public finance. • Principles and practices of regulatory management. • Principles and practices of strategic planning. • Principles and practices of water resource management. inspection, design and Skill in: • Building effective teams and providing efficient customer services. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with the public. • Defining problems, establishing facts, and drawing valid conclusions. • Directing the work of subordinate staff. • Establishing and maintaining cooperative working relationships with City Administrat managers, supervisors, staff, contractors, suppliers, developers, businesses, external and the general public. • Formulating and presenting policy recommendations. • Interpreting and applying City, state and federal policies, laws and regulations. • Investigating, analyzing and resolving complex and sensitive issues and complaints. • Making appropriate decisions while ensuring compliance with City goals and objectives. • Managing situations requiring diplomacy, fairness, firmness and sound judgment. • Operating a personal computer and various software applications. • Understanding and negotiating complex technical agreements with other agencies. • Using initiative and independent judgment within established procedural guidelines. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License is required. A valid State of California Grade II Water Distribution License is desirable. Additional training/certification may be required. ir, City Council, public agencies PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment; may involve occasional exposure to high voltage switches and inclement weather. Director of Gas and Electric Vernon CA 2 of 2