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Resolution No. 2024-015RESOLUTION NO. 2024-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AFFIRMING THE APPOINTMENT OF DANIEL E. CALLEROS TO SERVE AS INTERIM CITY ADMINISTRATOR AND APPROVING AND RATIFYING THE EXECUTION OF A RELATED TEMPORARY AT-WILL EMPLOYMENT AGREEMENT SECTION 1. Recitals. A. On June 11, 2024, Carlos R. Fandino Jr. submitted his retirement notice to the City of Vernon City Council. B. As a result of the unexpected retirement of City Administrator Fandino, and due to an exigent need to ensure that City management and operations continue efficiently, the City Council of the City of Vernon has elected to fill the City Administrator position on a temporary interim basis until the City’s executive recruitment for a permanent City Administrator can be completed. C. On June 18, 2024, at a Special City Council Meeting, the City Council appointed Daniel E. Calleros (Calleros) to serve as Interim City Administrator of the City of Vernon, effective June 19, 2024. D. The City and Calleros have executed a Temporary At-Will Employment Agreement Agreement), subject to ratification by the City Council. E. The City Council of the City of Vernon desires to affirm the appointment of Calleros as Interim City Administrator on a temporary basis, and approve the Agreement and ratify the execution thereof. F. At its regular meeting on July 2, 2024, prior to taking final action to approve this resolution, the City Council received an oral report summarizing the recommended appointment and compensation, in accordance with Government Code Section 54953(c)(3). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon finds and determines that the above recitals are true and correct. SECTION 3. The City Council of the City of Vernon hereby affirms the appointment of Daniel E. Calleros as a retired annuitant to perform extra help and special project work in the position of Interim City Administrator of the City of Vernon, effective June 19, 2024. Docusign Envelope ID: 4C36BE97-8648-4868-BC0E-29FA2B0EC057 Resolution No. 2024-015 Page 2 of 10 _______________________ SECTION 4. The City Council hereby approves and ratifies the execution of the Temporary At-Will Employment Agreement with Calleros to serve as Interim City Administrator of the City of Vernon, in substantially the same form as attached hereto as Exhibit A. SECTION 5. The Interim City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Calleros and shall have him subscribe to it and file it with the Human Resources Department. SECTION 6. The City Council of the City of Vernon hereby directs the Interim City Clerk to give a fully executed Agreement to Calleros. SECTION 7. The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED July 2, 2024. JUDITH MERLO, Mayor ATTEST: YONNIE PARKER, Deputy City Clerk seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney I CERTIFY THAT RESOLUTION NO. 2024-015 was passed and adopted by the City Council of the City of Vernon at the Regular Meeting on July 2, 2024, by the following vote: AYES: 4 Council Members: Lopez, Rivera, Ybarra, Merlo NOES: 0 ABSENT: 1 Council Member: Larios ABSTAIN: 0 YONNIE PARKER, DEPUTY City Clerk seal) Docusign Envelope ID: 4C36BE97-8648-4868-BC0E-29FA2B0EC057 TEMPORARY AT-WILL EMPLOYMENT AGREEMENT (NON-SAFETY) BETWEEN THE CITY OF VERNON AND DANIEL CALLEROS This Agreement is between the City of Vernon (City) and Daniel Calleros (Employee). Recitals Due to the unexpected retirement of the City Administrator, City desires to employ Employee as an at-will temporary employee for a limited duration to perform extra help and special project work in the position of Interim City Administrator. Employee desires to be the Interim City Administrator and acknowledges that such employment is for a limited duration and at-will. Employee possesses the specialized skills needed to perform the duties. The City Council, pursuant to the authority granted by the City of Vernon Charter, agrees to hire Employee, as an at-will temporary employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be June 19, 2024. Employee's appointment is temporary on an as-needed basis until this Agreement is otherwise terminated pursuant to the provisions herein. 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 seven (7) calendar days written notice. Employee may resign with seven (7) days advance notice as set forth in Section 5 below. Section 2: DUTIES A.Due to the unexpected retirement of the City Administrator, City engages Employee as an Interim City Administrator to performwork of a limited duration for special projects and extra help beyond regular staff duties. The specialized functions and duties are included as part of the job description for the City Administrator position (Attachment "A", incorporated herein by this reference), as the same may be modified by the City Council, from time to time, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time to time, assign. B.Employee agrees that to the best of his ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C.As a public employee, Employee is required to work the hours and work schedule as determined by the City Council, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement not to exceed 960 hours per fiscal year. June 2024 Exhibit A Resolution No. 2024-015 Page 3 of 10 Docusign Envelope ID: 4C36BE97-8648-4868-BC0E-29FA2B0EC057 D. During the term of this Agreement, Employee is required to have and maintain a valid Calitornia Driver's license. E. Employee acknowledges lhat in connection with the performance ol his duties, he will obtain inlormation lrom City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential inlormation other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he has a question as to the confidentiality ol inlormation obtained in the course of his employment, he will contact the City Attorney for advice. These confidentiality obligations will survive termination of this Agreement and will continue for a period ot three (3) years after termination. Section3: COMPENSATION As compensation lor the services to be rendered by Employee, City agrees to pay Employee an hourly rate of $167.678 for hours worked, payable in biweekly installments at the same time as other employees of the City are paid and subiect to customary withholding. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 4: BENEFITS This is a temporary interim position that is not eligible for any employee benefits. Section 5: TEBMINAT]ON A. The parties agree that this appointment is temporary, until such time as the term ol the Agreement expires or is otherwise terminated. B. Employee is a temporary, at-will employee and serves at the will and pleasure of the City Council and this Agreement may be terminated by the City at any time, without cause, subject to the notice requirements and conditions of Section 1. C. The Agreement may be terminated by Employee at any time. Employee agrees to provide at least seven (7) calendar days advance written notice of the effective date of his resignation. Section 6: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person, via email, or by first class, certilied, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY:City Council City ol Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Daniel Calleros IDeliver to last updated address in personnel file] TO EMPLOYEE: June 2024 Resolution No. 2024-015 Page 4 of 10 Docusign Envelope ID: 4C36BE97-8648-4868-BC0E-29FA2B0EC057 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 authorized representative of the City Council and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability ln the event that any provision ol 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 eftect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect ol Waiver The failure o{ either party to insist on strict compliance with any of the lerms, 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 ol that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G.Effective Date This Agreement shall take effect on June 19, 2024. Signatures Begin on Next Page] 3- June 2024 Resolution No. 2024-015 Page 5 of 10 Docusign Envelope ID: 4C36BE97-8648-4868-BC0E-29FA2B0EC057 lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its Mayor and executed by the Employee. City ol Vernon, a Calilornia charter City and Calif ornia municipal corporation Dated: J Merlo, ATTEST: Yon Parker, Approved as to form: Moussa, 4- June 2024 h/e(/2ey'------1----T------1- Resolution No. 2024-015 Page 6 of 10 Docusign Envelope ID: 4C36BE97-8648-4868-BC0E-29FA2B0EC057 ln signing this Agreement, Employee understands and agrees that his employment status is that of an at-will employee and that his rights to employment with the City are governed by the terms and conditions ol this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might othen,ise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Signed t/u/uu "0*,*l C/4*Dated: Employee June 2024 Resolution No. 2024-015 Page 7 of 10 Docusign Envelope ID: 4C36BE97-8648-4868-BC0E-29FA2B0EC057 ATTACHMENT A Job Description June 2024 6- Resolution No. 2024-015 Page 8 of 10 Docusign Envelope ID: 4C36BE97-8648-4868-BC0E-29FA2B0EC057 JOB DESCRIPTION City Administrator Date Prepared: March 2014 ClassCode:1010 SUMMARY: Under adminishative direction of the City Council, serves as the Chief Staff Advisor for the City of Vernon; responsible for leading, planning, directing, and evaluating the City's operations, programs, priorities, prolects, and policies; leads efforts to maximize the efficiency of City services and assures all operational activities comply with City policies, procedures, and goals. ESSENTIAL FUNCTIONS: - Essential lunclions, as detined undet he Aneicans with Disafililes y'at" may include any of lhe followtng rcpresenlative duties, knowledge, and skllls. This is not a comprehensive listing of all functions and &tbs pefomed by incunbenls of th,b class; empbyees nay be assigied duties whid are not listed below; rcasonable awnmodations will be made as required. The job desuiption does not consfute an employment agrc ]F,nt and is subject to dnnge at any tne by tlrc employer. Essential duties and responsibilities nay include, bd arc not linited to, the following: Serves as the principal advisor to the City Council; exercises independent iudgment within broad policy guidelines; evaluates City issues, and develops reports to eflectively communicate plans and City Council actions required to meet City needs; assures the efficient delivery of high quality public services. Exercises independent judgment within broad policy guidelines; evaluates operational issues, and recommends solutions to improve the City's operations; works independently and makes appropriate decisions based on knowledge o{ City Council goals. Meets regularly with stafl to discuss and resolve assignments, priorities, workload, staffing, budgets, technical issues, quality standards, and services; motivates and evaluates staff, and provides leadership, direction, and guidance in operational plans and priorities; assures all operational activities are in compliance with City policies and procedures, and state and federal regulations. lmplements policies and plans to meet City Council goals and directives; interprets concerns, defines desired results, develops solutions, determines scope and priorities of projects, and communicates status of projects and organizational issues. Monitors City operations, analyzes operational information, evaluates trends, and develops plans to meet goals and future needs; assigns resources required to meet organizational issues and City Council goals; reviews and monitors status reports, and directs appropriate actions; prepares and presents status reports to City Council, and assures effective communication of operational issues. Directs, leads, and motivates City staff, and evaluales performance; encourages interactive dialogue throughout the organization, and effectively addresses personnel issues in order to promote a productive and healthy work environment. Directs development of City budget, approves expenditures, manages contracts and agreemenls. o Meets with City committees, commissions, and residents to discuss and resolve issues; coordinates prolects and regional issues with local ofticials, agencies, community organizations, and advocates. Manages public information and community relations activities; represents the City's interests to key stakeholder groups, advocates, regional agencies, organizations, boards, and commissions. Supports the relationship between the City ol Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains conlidentiality ol work- related issues and City information; perlorms other duties as required or assigned. City Administrator Vemon CA 1 ol2 Resolution No. 2024-015 Page 9 of 10 Docusign Envelope ID: 4C36BE97-8648-4868-BC0E-29FA2B0EC057 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor's Degree in Finance, Business, Public Administration or related field; AND seven years of experience managing govemment operations. Knowledge of:. City organization, operations, policies, and procedures. o Federal, State and City laws, rules, regulations, and ordinances governing municipalities. Duties, powers, authorities, and limitations of a City Administrator.. Principles and practices of local government administrative management, including personnel rules, procurement, finance, budgeting, contract and risk managemenl, performance management, and evaluation ol public sector programs, policies, and operations. o Strategic planning techniques for the economic, financial, and environmental needs ol the City. Legal, ethical, and professional rules ol conduct for municipal govemment officers. Current political and economic trends in state and federal government. o Techniques and methods lor long-range strategic and financial planning. Techniques and practices for etlicient and cost eflective management ol resources. o Business computers, and standard and specialized software applications. Skill in:. Assuming executive-level responsibilities, proiecting consequences of proposed actions, and making appropriate decisions, while assuring compliance with City goals and objectives. o Analyzing complex administralive and operational issues, interpreting laws and regulations, evaluating alternatives, and developing recommendations, strategies, and operational improvements. Analyzing City needs, and prioritizing and promoting operational strategies to meet future needs. Preparing and administering the City budget.. lnterpreting and applying municipal policies and procedures. Presenting and delending operational reports and information in public meetings. o Analyzing problems, resolving disputes and conllicts, and developing effective solutions. Using initiative and independent judgment within established procedural guidelines. o Assessing and prioritizing multiple tasks, proiects and demands. o Managing staff , delegating tasks and authority, and coaching to improve staff performance. Establishing and maintaining cooperative working relationships with City employees, elected officials, community groups, advocates, and representatives from other local, state, and lederal agencies. Communicaling effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driveis License may be required. PHYSICAL DEMANDS AND WORK]NG ENVIRONMENT: Work is perlormed in a standard office environment. City Administrator Vemon CA 2 ol2 Resolution No. 2024-015 Page 10 of 10 Docusign Envelope ID: 4C36BE97-8648-4868-BC0E-29FA2B0EC057 City Council Agenda Report Meeting Date:July 2, 2024 From:Michael Earl, Director of Human Resources Department:Human Resources Submitted by:Lisette Grizzelle, Senior Human Resources Analyst SubjectAppointment of Daniel E. Calleros as Interim City Administrator Recommendation Adopt Resolution No. 2024-015 affirming the appointment of Daniel E. Calleros to serve as Interim City Administrator of the City of Vernon and approving and ratifying the execution of a related temporary at-will employment agreement. Background Following the unexpected retirement of the City Administrator Carlos Fandino, the City Council appointed Daniel E. Calleros as Interim City Administrator at its Special City Council Meeting on June 18, 2024. The appointment was made on a temporary basis due to an exigent need to ensure that City management and operations continue efficiently without any undue delay in pending work or projects. Pursuant to City Council authority, Mr. Calleros will fill the City Administrator position on a temporary interim basis during the City’s executive search for a permanent City Administrator. Daniel E. Calleros worked for the City of Vernon Police Department for over 29 years and retired as Police Chief on June 22, 2017. Having served such numerous years in Vernon, Mr. Calleros possesses ample knowledge and understanding of the City’s operations as well as the desired breadth of experience to perform the work. Mr. Calleros will be appointed as a retired annuitant to perform extra help and special project work in the position of Interim City Administrator and will be compensated at an hourly rate of approximately $167.67 per hour consistent with the City of Vernon’s publicly available compensation schedule. The temporary at-will employment agreement between the City of Vernon and Mr. Calleros has been executed with an effective date of June 19, 2024, and is attached as Exhibit A to Resolution No. 2024-015. The agreement was reviewed and approved as to form by the City Attorney prior to execution. At its regular meeting on July 2, 2024, prior to taking final action to approve this resolution, the City Council received an oral report summarizing the recommended appointment and compensation, in accordance with Government Code Section 54953(c)(3). Fiscal Impact The fiscal impact is estimated at $83,835. Sufficient funds are available in the General Fund, City Administration Department, Salaries Account No. 011-010-105-501010 for the current and upcoming fiscal year. Attachments 1. Resolution No. 2024-015