RPVCCA_CC_SR_2012_12_04_J_Agreement_Part-Time_Interim_PW_DirectorCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROLYN LEHR,CITY MANAGER a9-
DECEMBER 4,2012
PROFESSIONAL SERVICES AGREEMENT WITH
LESLIE M.JONES II FOR PUBLIC WORKS
DEPARTMENT MANAGEMENT SERVICES
RECOMMENDATION
Authorize the Mayor and City Clerk to sign the Retired Annuitant Employment Agreement
with Leslie M.Jones II with a term for up to one year of service,or the date a new Public
Works Director assumes the duties of the job -whichever occurs first.
BACKGROUND
The City had employed Jim Hendrickson as Interim Director of Public Works until he ends
his interim assignment with the City on December 21,2012.Due to the essential nature of
duties relating to public works management, the City Manager finds it necessary to employ
the services of an interim Public Works Director to carry on these responsibilities until the
recruitment and selection process is completed for the permanent filling of this vacant
position.'
The City Manager has reached out to her colleagues and other professionals to seek out
the services of a highly experienced and reliable municipal manager to provide temporary
assistance to the City organization,and was fortunate that Les Jones who has previously
worked as the Director of Public Works in both Huntington Beach and Garden Grove is
agreeable to offering his considerable expertise to cover a vacancy in our city at this critical
juncture with many pressing public works projects scheduled in the coming months.
DISCUSSION
By way of background,Mr.Jones retired at the end of 2008 as Assistant City Manager
for the City of Garden Grove after a long and distinguished career spanning several
decades and serving both large and smaller cities in California,including two costal
communities.Since his retirement,Mr.Jones has been involved in the board of
directors of local community non-profits.
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Interim Public Works Management Services
December 4,2012
Page 2 of 2
Les Jones is available to work four to five days per week,and does fall under the CalPERS
limitation for retirees to not exceed working 960 hours in a fiscal year.City Labor Attorney
Roy A.Clarke has prepared the employment agreement with the appropriate terms and
conditions for Council's consideration.
FISCAL IMPACT
The FY 2012-13 budget as approved provides sufficient funding for this part-time
interim employment contract,because the estimated cost is less than the full-time
budgeted position.
Attachments:
•Resume of Leslie M Jones II
•Retired Annuitant Employment Agreement Between City of Rancho Palos
Verdes and Leslie M.Jones II
V:\CAROLYNN\REPORTS\2012\20121204_Public Works Interim Prof Svc Contract SR -Jones.doc
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LESLIE M.JONES II
EXPERIENCE
AKM CONSULTING ENGINEERS,Irvine,CA
CONSULTING MANAGEMENT ASSOCIATE Dec,2011 to present
I provide generalist management and public works administration services to
further the company's goal to be a full-service public sector contractor.I
assist in building positive contacts with public agency officials to identify and
respond to new opportunities for the company.
CITY OF GARDEN GROVE,CA Population:174,000
ASSISTANT CITY MANAGER May,2004 to Dec,2008
As the primary deputy to the City Manager and the 5-member City Council,I
oversaw day-to-day operations of the City (670 full-time employees/$85
Million General Fund budget).I worked closely with the Mayor,City Council
members and the City Manager on all facets of city and regional issues.I
collaborated with department directors to develop programs and solutions
consistent with City Council and City Manager policies and direction.I
oversaw all functions of the City Manager's office including City Council
agenda development,City Council briefings and issue follow-up;Review and
approve all staff reports for inclusion to the City Council agenda;Chair of the
City's Central Management Team and the City's Customer Service
Committee;City Ombudsman;City Treasurer;supervised City Cle,rksoffice.
I was City liaison and board member to the Chamber of Commerce.I
concurrently served as interim Director of Personnel and DirectGrof
Community Services.I also serve as a chief labor negotiator with organized
labor;I provided necessary support to City Council members when meeting
with reSidents,business,and developers to assure problem resolution and
prompt response.I worked with regional agencies and service
providers(OCTA,LAFCo,County of Orange,League of California Cities,and
Southern California Edison)as well as county,state and federal legislators on
issues of City interest.
ACCOMPLISHMENTS
•Based upon the results of a community survey,I initiated and completed
a 5 year strategic Plan.
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Population:174,000
Mar.1998 to May,2004
•Instituted a succession planning program as a means of identifying and
assisting potential candidates for leadership positions.From this program,
3 new department directors were identified and promoted.
•Developed a Complaint Management System designed to expedite
complaint resolution and feedback to the City Council.
•Successfully negotiated 3 year comprehensive employment agreements
with two employee groups represented by the Orange County Employees
Association.
CITY OF GARDEN GROVE,CA
ASSISTANT CITY MANAGER!
DIRECTOR OF PUBLIC WORKS
I managed a full service Public Works Department of 190 full-time employees
in 5 operating divisions.Administered a $45 Million operating budget ($12
Million General Fund).In addition,I was assigned as one of two Assistant
City Managers to provide the City Manager support in agenda development,
department coordination,and working with the City Council on special
projects.
ACCOMPLISHMENTS
•Garden Grove Sanitary District Operational and Capital Master Plan
•Successfully initiated self-supporting sewer rates and solid waste rates to
the City Council.
•Initiated Annual Public Works Open House.
•Worked with the Orange County Sanitation District to introduce a
cooperative grant program to Orange County cities.
•Served as Chief Negotiator for contract development with the Police
Association,Police Management,and Employees Association.
CITY OF HUNTINGTON BEACH,CA Population:200,000
DIRECTOR OF PUBLIC WORKS Jan.1995 to Mar.1998
I managed a full service Public Works Agency consisting of 285 full-time
employees in 5 operating divisions,comprising Administration,Engineering,
Maintenance,Parks,Trees and Landscaping,and Water Utilities.$44~Million
operating budget ($16.3 General Fund).
ACCOMPLISHMENTS
•$43 Million Water Improvement Master Plan Financing and Construction
Program
•LLM.P.(Integrated Infrastructure Management Program),designed to
identify and fund long term "life cycle costing"(construction,renovation
and maintenance)for the City's Infrastructure ($1.3 Billion).
•Developed a successful "Contracting In"program whereby City Services
were sold to other municipalities including GIS,Traffic Signal
Maintenance,Vehicle body and paint repair,Hazardous Materials
Response,and Street Painting Services.
•Developed and produced "Public Works,Heartbeat of Huntington Beach",
a local-access Television Program.
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TOWN OF LOS ALTOS HILLS,CA Population:9,000
CITY MANAGER June,1991 to Jan.1995
Serving at the pleasure of a 5 member City Council,I was responsible for the
administration of all City operations as well as staffing many of them.In-
house services provided by the City included Planning,Engineering,Building
Inspection,Finance,City Clerk,and Public Works Maintenance.Other
required services were provided by contract.Full time City staff total:15.
Annual operating budget was $5 Million.
ACCOMPLISHMENTS
•Instituted annual goal setting sessions with the City Council
•Ir:lstituted weekly one-on-one meetings with City Council members and a
monthly written update.
•Completed first update of General Plan since 1975.
•Reorganized Town staffing to provide better service and instituted a fee
structure to support these activities.
•Negotiated and implemented new solid waste franchise
•Enhanced community relations through a "close to the customer"
program,
•Improved the City's financial condition by enhancing reserves.
•Established a Capital Improvement Budget separate from the Town's
annual operating budget.
CITY OF CORONADO,CA Population:25,000
DIRECTOR OF PUBLIC SERVICES July 1985 to June 1991
Directed a department consisting of 40 employees,5 major divisions and a
budget of $5 Million incorporating construction,maintenance,contracts,
integrated waste management (AB939),citywide purchasing,and public
transit.
ACCOMPLISHMENTS
•Developed and implemented a resident-oriented approach tQ,providing
community services called "P.S.How are we doing?"
•Developed a community needs assessment and Facilities Master Plan for
the Department of Public Services.
•Implemented a major Park Improvement Program for the City.
•Developed the City's initial Integrated Solid Waste Management Plan
under AB939.
CITY OF CORONADO,CA Population:25,000
ASSISTANT TO THE CITY MANAGER Feb.1983 to July 1985
Responsible for labor relations,public transit,cable television,special
projects,legislative analysis and budget.
CITY OF GARDEN GROVE,CA Population:174,000
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ADMINISTRATIVE ANALYST
CODE ENFORCEMENT OFFICER
COMMUNITY SERVICE OFFICER
ADMINISTRATIVE INTERN
EDUCATION
Bachelor of Arts in Public Administration
California State University,Fullerton
Coursework (30 units)toward MPA
California State University,Long Beach
San Diego State University
AFFILIATIONS
2/80 -2/83
1/79 -2/80
4/77 -1/79
11/76 -4/77
Board President,Acacia Adult Day Services Board of Directors
Board member,Huntington Beach Health Council
Member,International City Management Association (ICMA)-Conference
Host Committee 1986
Member,American Public Works Association -Conference Committee 1996
Garden Grove Host Lions Club
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RETIRED ANNUITANT EMPLOYMENT AGREEMENT
BETWEEN CITY OF RANCHO PALOS VERDES
AND LESLIE M.JONES II
This Retired Annuitant Employment Agreement ("Agreement")is made and entered into as of
December _,2012,by and between the City of Rancho Palos Verdes,a California municipal
corporation,("City"or "Employer")and Leslie M.Jones II,an individual ("Employee").
RECITALS
A.As a result of current workload and staffing,City has need for a temporary employee with
specialized skills involving the management ofmunicipal and department operations within
th.e City.
B.City desires to secure the services of a suitably qualified person to complete management
level assignments and to manage the City's public works functions,as designated by the City
Manager.
C.Employee has retired after a long and distinguished career in public agency management,
including service as an Assistant City Manager,Public Works Director,Town Manager and
other positions.Employee represents that he has therequisite specialized skills,training and
experience and is otherwise qualified to complete management level assignments for the City
and to manage the City's Public Works Department,if so assigned.
D.Employee is a retired person under the California Public Employees'Retirement System
("PERS")and desires to retain his retirement status and benefits.The Public Employees'
Retirement Law ("PERL"),commencing at Government Code Section 20000,permits a
retired person under PERS to serve in otherwise covered employment without reinstatement
from retirement and without loss or interruption ofbenefits,provided certain conditions exist
and,with limited exceptions,all PERS-covered employment for the retired person does not
exceed 960 hours in any fiscal year.City and Employee desire to structure the-employment
to take advantage of this provision.
E.City and Employee wish to enter into an Employment Agreement that sets forth the rights
and obligations of the parties and that will supersede all prior negotiations,discussions or.
agreements.
NOW,THEREFORE,for and in consideration of the mutual covenants and conditions herein
contained,City and Employee agree as follows:
1.TERM.Unless sooner terminated,as provided in this Agreement,the term ofthis
Agreement shall be from the date entered above through the earlier ofthe dates or occurrences listed
RPV_Jones Employment Agreement (2)- 1 -
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immediately below.In the event Employee completes 960 hours of service during the 201212013
fiscal year,the obligations of the parties will be suspended for the balance of that fiscal year.
(1)Completion of960 hours of service in fiscal year 2013/2014;
(2)The date on which City appoints a new Public Works Director and that person
assumes the duties of the job;or
(3)June 30,2014.
2.DUTIES AND AUTHORITY.Employee shall complete management level
assignments,as designated by the City Manager.Employee's assignments will only involve work
requiring specialized skills in performing work of limited duration.The parties anticipate that
Employee's primary assignment will be supervision and management of the City's public works
functions,including the Public Works Department.Employee shall exercise such other powers and
perform such other duties as City,by the City Manager, may from time to time assign.
3.EMPLOYEE'S OBLIGATIONS.Employee shall devote his energies,interest,
abilities and productive time to the performance of this Agreement,and utilize his best efforts to
promote City's interests,consistent with the temporary,part-time nature of the employment.
Employee shall not engage in any activity,consulting service or enterprise,for compensation or
otherwise,which is actually or potentially in conflict with or inimical to,or which materially
interferes with,his duties and responsibilities to City.Employee may otherwise offer his services to
others as an independent contractor or as an employee to other employers who are not PERS member
agenCIes.
4.SALARY AND BENEFITS.
A.Base Compensation and Hours.City shall pay Employee a base hourly rate of$84.27
(Eighty Four and 27/100 Dollars),subject to legally permissible or required withholding,paid on
City's normal paydays.Employee will work such hours as City Manager directs or authorizes.
While this Agreement does not guarantee a minimum number of hours and the hours may vary,the
parties anticipate approximately four to five days of services per week.In n9"event will Employee
work in excess of 40 hours in a workweek without the prior written authorization (including e-mail
authorization)from the City Manager.
B.Employment Benefits.
(1)No Paid Leave.Employee acknowledges that he will not be eligible for and
hereby waives entitlement to any paid leave benefits,including,without limitation,holidays,
vacation,sick leave,administrative leave,floating holidays,personal holidays,bereavement leave or
any other paid leave time.
RPV_Jones Employment Agreement (2)-2-
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(2)Unpaid Leave.Subject to prior approval ofthe CityManager,Employee will
be entitled to take unpaid leave time.Except as otherwise approved by the City Manager,Employee
will not take more than two weeks of unpaid leave at one time.
(3)Group Medical,Life and Dental Insurance.Employee acknowledges that he
(including his dependents)will not be eligible for and hereby waives entitlement to health and
welfare benefits and group insurance,including,without limitation,medical,life,dental,optical,and
disability coverage.
(4)Retirement Plan.Employee shall remain a retired person under PERS and
shall not be eligible to participate under the PERS Plan applicable to other employees of City.To
the extent permitted under the applicable plan document and law,employee may voluntarily
participate in Employer's §457 deferred compensation plan solely on the basis of employee
contributions.Under no circumstances will Employee be eligible for or receive employer
contributions.
(5)Other Fringe Benefits.Employee acknowledges that he will not be eligible for
and hereby waives any additional fringe benefit or payment not expressly provided in this
Agreement.Employee further acknowledges that,except as provided under the applicable plan
document or as required by law,Employee will not be eligible to participate in City's flexible
spending account,medical or childcare reimbursement accounts or retiree health savings plan,ifany.
In the event Employee's participation is provided under terms of the plan documents or applicable
law,Employee acknowledges that he is not eligible for and hereby waives any employer contribution
that may otherwise be available and will participate only on the basis of employee contributions.
Employee will participate in the California state disability insurance program,ifrequired under terms
of the program.
(6)Expenses.City recognizes that Employee may incur certain expenses of a
non-personal and job related nature.City agrees to reimburse or to pay such business expenses that
are incurred and submitted according to City's normal expense reimbursement procedures.To be
eligible for reimbursement,all expenses must be supported by documentation meeting City's normal','.',.
requirements and must be submitted within time limits established by City.
(7)Bonding.City shall bear the full costs ofany fidelity or other bonds required
of Employee under any law or ordinance by virtue of his employment.
5.
Manager.
EVALUATIONS.Employee shall report to and may be evaluated by City's City
6.INDEMNIFICATION.Except as otherwise permitted,provided,limited or
required by law,including without limitation California Government Code Sections 825,995,and
995.2 through 995.8,the City will defend and pay any costs and judgments assessed against
Employee arising out of an act or omission by Employee occurring in the course and scope of
Employee's performance of his duties under this Agreement.
RPV_Jones Employment Ag reement (2)- 3 -
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7.AT-WILL EMPLOYMENT RELATIONSHIP.City Manager shall be the
appointing authority for Employee and Employee is employed at the pleasure of the City Manager.
The City Manager may terminate this Agreement and the employment relationship at any time
without cause.Nothing in this Agreement shall prevent,limit or otherwise interfere with the right of
the City,through the City Manager,to terminate the employment of Employee.Employee may
terminate this Agreement and the relationship at any time with prior written notice to City Manager.
8.SEVERANCE.City shall pay Employee for all services through the effective date
of termination and Employee shall receive no other compensation or payment or any severance.
Since Employee is not eligible for paid leave,payment for unused leave time will not be applicable.
9.INTEGRATION OF AGREEMENT.This Agreement contains the entire
Agreement between the parties and supersedes all prior oral and written agreements,understandings,
commitments,and practices between the parties concerning Employee's employment with the City.
Each party to this Agreement acknowledges that no representations,inducements,promises or
agreements,oral or written,have been made by any party,or anyone acting on behalf of any party,
which are not embodied herein,and that no other agreement,statement,or promise not contained in
this Agreement shall be valid or binding on either party.
10.METHOD OF AMENDMENT.No amendments to this Agreement may be made
except by a writing signed and dated by City Manager and Employee.
11.NOTICES.Any notice to City under this Agreement shall be given in writing to
City,either by personal service or by registered or certified mail,postage prepaid,addressed to the
City Manager at City's then principal place of business.A courtesy copy shall be given to the City
Attorney in a like manner.Any such notice to Employee shall be given in a like manner and,if
mailed,shall be addressed to Employee at his home address then shown in City's files.For the
purpose of determining compliance with any time limit in this Agreement,a notice shall be deemed
to have been duly given (a)on the date of delivery,if served personally on the party to whom notice
is to be given,or (b)on the third calendar day after mailing,ifmailed to the party to whom the notice
is to be given in the manner provided in this section.
12.GENERAL PROVISIONS.
A.If any provision ofthis Agreement is held invalid or unenforceable,the remainder of
this Agreement shall nevertheless remain in full force and effect.If any provision is held invalid or
unenforceable with respect to particular circumstances,it shall nevertheless remain in full force and
effect in all other circumstances.
B.This Agreement sets forth the final,complete and exclusive agreement between City
and Employee relating to the employment of Employee by City.Any prior discussions or
representations by or between the parties are merged into and rendered null and void by this
Agreement.The foregoing notwithstanding,Employee acknowledges that,except as expressly
RPV_Jones Employment Agreement (2)-4-
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provided in this Agreement,his employment is subject to City's generally applicable rules and
policies pertaining to employment matters,such as those addressing equal employment opportunity,
sexual harassment and violence in the workplace.Any prior employment agreement(s)between City
and Employee that is still in force is terminated as of the effective date of this Agreement.
C.This Agreement shall be interpreted and construed pursuant to and in accordance with
the local laws ofthe State of California and all applicable City Codes,Ordinances and Resolutions.
D.Employee acknowledges that he has had the opportunity and has conducted an
independent review of the financial and legal effects of this Agreement.Employee acknowledges
that he has made an independent judgment upon the financial and legal effects ofthis Agreement and
has not relied upon any representation of City,its officers,agents or employees other than those
expressly set forth in this Agreement.
IN WITNESS WHEREOF,the parties have caused this Agreement to be signed and executed
personally or on its behalf by its duly authorized representative.
EMPLOYEE
Leslie M.Jones II
CITY
CITY OF RANCHO PALOS VERDES,
A California Municipal Corporation
By:_
RPV_Jones Employment Agreement (2)- 5 -
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