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Home My WebLink AboutCC AG PKT 2012-04-23 #E 4 5EAC,e'` ;:� wY=•. tip. AGENDA STAFF REPORT i I '44 FORN-P DATE: April 23, 2012 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, Assistant City Manager/Public Works SUBJECT: REQUEST APPROVAL FROM THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) BOARD OF ADMINISTRATION TO EXTEND THE EMPLOYMENT OF INTERIM DIRECTOR OF FINANCE/CITY TREASURER; AND APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH SHALLY LIN SUMMARY OF REQUEST: It is requested that the City Council adopt Resolution No. 6246: a) Requesting the California Public Employees' Retirement System (CaIPERS) Board of Administration to approve an extension of the temporary employment of Interim Director of Finance/City Treasurer Shally Lin in accordance with Government Code section 21221 (h). b) Approving Amendment No. 1 to the agreement with Shally Lin to perform the services of Interim Director of Finance/City Treasurer. c) Authorizing the City Manager to execute the amendment to the agreement between the City of Seal Beach and Interim Director of Finance/City. BACKGROUND AND ANALYSIS: Government Code section 21221 (h) permits the appointment of a retired CaIPERS member by the governing body of a contracting CaIPERS agency to a position deemed by the governing body to be of limited duration and requiring specialized skills or during an emergency to prevent stoppage of public business. The appointments generally are used for, as in this situation, interim positions pending recruitment of a permanent appointment to fill a vacancy. Agenda Item E Ms. Lin has served as the Director of Administrative Services for the City of Hawthorne, Anaheim, Inglewood, El Segundo, and Lawndale. Ms. Lin has worked as a consultant for various cities regarding financial operations and has served as CFO for a private firm. In addition to a Bachelor's Degree in Accounting, Ms. Lin also possesses a law degree. She was appointed Interim Director of Finance/City Treasurer for the City of Seal Beach on October 11, 2011 to temporarily fill the vacancy created by former Director of Administrative Services Robbeyn Bird's resignation. Ms. Lin will continue to perform the functions and duties of the Director of Finance/City Treasurer that include planning, directing, managing, and overseeing the activities and operations of the Finance Department, as well as providing highly responsible and complex administrative support to the City Manager's Office. Due to her vast experience, Ms. Lin has the specialized skills to perform such duties. In addition, on February 1, 2012, all redevelopment agencies, including the Seal Beach Redevelopment Agency, were dissolved by operation of law due to AB X1 26. Seal Beach needs Ms. Lin to direct the dissolution and winding down of complex redevelopment finances and activities. Government Code section 21221 (h) limits appointments to 960 hours in a fiscal year. It is anticipated that Ms. Lin will reach the 960 hours on or about April 24, 2012. Government Code section 21221 (h) permits the governing body to request the CaIPERS Board of Administration to approve an extension of the retired member's employment beyond the 960 hours but no more than 12 months in the position. Ms. Lin's interim employment agreement with the City of Seal Beach may, therefore, not extend beyond October 10, 2012. Ms. Lin was selected for the interim appointment because of her distinguished professional career that spans three decades as well as her many years of experience in a leadership role. Ms. Lin has established good relations with the Finance Department, City staff and the community. Her work on the dissolution of the Redevelopment Agency, including winding down of complex financial issues and addressing AB X1 26's requirements regarding the assets formerly owned by the Agency, is highly specialized and has been, and will continue to be, invaluable. Ms. Lin's continued employment will ensure completion of these functions and provide a smooth transition period until a permanent Director of Finance/City Treasurer is selected. The City shall pay Ms. Lin at the rate of $74.53 for each hour worked. The proposed compensation does not exceed the maximum published salary schedule for the vacant position, which is in keeping with the guidelines posted by CaIPERS. Page 2 ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: With the amendment, the employee's hourly rate will decrease by $5.47 per hour worked. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 6246: a) Requesting the CaIPERS Board of Administration to approve an extension of the temporary employment of Interim Director of Finance/City Treasurer Shally Lin in accordance with Government Code section 21221 (h). b) Approving Amendment No. 1 to the agreement with Shally Lin to perform the services of Interim Director of Finance/City Treasurer. c) Authorizing the City Manager to execute the amendment to the agreement between the City of Seal Beach and Interim Director of Finance/City. SUBMITTED BY: NOTED AND APPROVED: 1 R. OA 0) Sean P. Crumby, er R. Ingram, Cit ager Assistant City Manag:1/Public Works Attachments: A. Resolution No. 6246 B. Amendment No. 1 to Agreement Page 3 RESOLUTION NUMBER 6246 A RESOLUTION OF THE SEAL BEACH . CITY COUNCIL REQUESTING AN EMPLOYMENT EXTENSION PURSUANT TO GOVERNMENT CODE SECTION 21221(H) (DIRECTOR OF FINANCE/CITY TREASURER) AND APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH SHALLY LIN FOR INTERIM DIRECTOR OF FINANCE/CITY TREASURER SERVICES THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: WHEREAS, Shally Lin retired from the City of Hawthorne in the position of Director of Administrative Services on December 31, 2005; and WHEREAS, the City of Seal Beach appointed Shally Lin to the position of Interim Director of Finance/City Treasurer under Government Code section 21221 (h), a position deemed to be of limited duration and requiring specialized skills, effective October 11, 2011, and entered into an employment agreement to that effect with Shally Lin, dated October 11, 2011 (Agreement); and. WHEREAS, Shally Lin is expected to reach her maximum 960 hours of work this fiscal year on or about April 24, 2012; and WHEREAS, the City anticipates the appointment of a new Director of Finance/City Treasurer on or before October 2012; and WHEREAS, the City desires to have Shally Lin continue to work until the new Director of Finance/City Treasurer is appointed; and WHEREAS, the City desires to amend the hourly rate of pay provided in the Agreement and to provide some benefits to the employee. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. That the California Public Employees' Retirement System Board of Administration be requested to approve an extension in accordance with Government Code section 21221 (h) for the temporary employment of Shally Lin for additional hours through October 10, 2012. An appointment made under this section of this subdivision may not exceed a total of 12 months. Section 2. That Shally Lin's employment shall not exceed a total of 12 months. Section 3. That the City Council hereby approves Amendment No. 1 to the Agreement. Section 4. That the Council hereby directs the City Manager to execute Amendment No. 1 to the Agreement. (Intentionally Left Blank) Resolution Number 6246 PASSED,APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of April , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6246 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of April , 2012. City Clerk AMENDMENT NO. 'I PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES Between SEAL B`4',, .. #pRPORgtFO, ..,i loplibr. :o5 ;Qi • ov,BFR 4---<' =<0;h' � �`,COONyG__- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Shally Lin P.O. Box 3483 Costa Mesa, CA This Amendment No. 1 dated April 23, 2012, amends that certain agreement between the City of Seal Beach, a California charter city ("City") and Shally Lin, an individual dated October 11, 2011, ("Agreement"). RECITALS • WHEREAS, City and Shally Lin ("IDF") entered into the Agreement on October 11, 2011 under which Shally Lin has provided professional services; WHEREAS, IDF is expected to reach her maximum 960 hours this fiscal year on or about April 24, 2012; and WHEREAS, the parties wish to extend the termination date of the Agreement. NOW, THEREFORE, the parties agree to amend the Agreement as follows: Section 1. Subsection 2.1 of Section 2.0 (Term and Termination) is hereby amended to read as follows: "2.1 Term and Effective Date. IDF shall commence her services hereunder as of October 11, 2011 (the effective date of this Agreement). The term of this Agreement shall be one year, expiring on October 10, 2012." Section 2. Subsection 3.1 of Section 3.0 (Compensation) is hereby amended to read as follows: "3.1 Compensation. City shall pay IDF at the rate of $74.53 for each hour worked, which is the maximum hourly rate authorized for the position of Director of Finance/City Treasurer. City shall pay IDF at the same time employees of the City are paid on a bi-weekly basis. " Section 3. All other terms and provisions of the Agreement shall have full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper officers thereunto: CITY OF SEAL BEACH INTERIM DIRECTOR OF FINANCE/ CITY TREASURER Jill Ingram, City Manager 'Shall in ATTEST: APPROVED AS TO FORM: Linda Devine, City Clerk Quinn M. Barrow, City Attorney