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HomeMy WebLinkAboutCC Reso 2025-16 - Interim Fire-Fuels Crew SuperintendentRESOLUTION No. 2026-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FOR EXCEPTION TO THE 180-DAY WAIT PERIOD AND AUTHORIZING THE CITY'S RETIRED FIRE -FUELS CREW SUPERINTENDENT TO SERVE AS INTERIM FIRE -FUELS CREW SUPERINTENDENT IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7622.66 & 21221(h) WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees' Retirement Law, the City of Ukiah must provide CaIPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and WHEREAS, David Sentak, CID 5612166262, retired from the City of Ukiah in the position of Fire - Fuels Crew Superintendent, effective March 14, 2025; and WHEREAS, Gov. Code section 7522.56 requires that post -retirement employment commence no earlier than 180 days after the retirement date, which is September 14, 2025, without this certification resolution; and WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement -related incentive; and WHEREAS, the City Council, the City of Ukiah, and David Sentak certify that David Sentak has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree to be appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the governing body has authorized the search for a permanent appointment on April 16, 2025; and WHEREAS, the City Council hereby appoints David Sentak as an interim appointment retired annuitant to the vacant position of Fire -Fuels Crew Superintendent for the City of Ukiah under Gov. Code section 21221(h), effective April 21, 2025; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore is expected to end no later than April 21, 2026; and WHEREAS, this Fire -Fuels Crew Program is federally funded for a limited -term, is an important new addition to the City of Ukiah and Ukiah Valley Fire Authority, and is a critical undertaking that will play a vital role in the reduction of hazardous fuels around the City of Ukiah; and WHEREAS, failure to secure immediate, specialized leadership for this program could jeopardize the implementation of the Fire -Fuels Crew Program, resulting in delays in critical fire crew preparedness and fuel break construction, and loss of funding; and WHEREAS, David Sentak's extensive knowledge of Ukiah's infrastructure, fuel models, fire history, and direct involvement in fire -fuel reduction projects occurring in the Ukiah Valley since 2002, uniquely positions him to oversee the program's successful and timely implementation; and WHEREAS, the entire employment agreement between David Sentak and the City of Ukiah has been reviewed by this body and is attached herein; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and Page 1 of 10 WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $6,927.53 and the hourly equivalent is $39.97, and the minimum base salary for this position is $8,420.46 and the hourly equivalent is $48.58; and WHEREAS, the hourly rate paid to David Sentak will be $48.58; and WHEREAS, David Sentak has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies the employment of David Sentak, as described in this resolution and detailed in the attached employment agreement. This appointment is deemed necessary to fill the critical position of Interim Fire -Fuels Crew Superintendent for the City of Ukiah by April 21, 2025. PASSED AND ADOPTED by the City Council of the City of Ukiah at a regular meeting held on April 16, 2025, by the following vote: AYES: Councilmembers Rodin, Criss, Orozco, Sher, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN. None. Douglas . Crane, Mayor ATTEST: km��VLC'7 Kristine Lawler, City Clerk Ll Page 2 of 10 Exhibit A AGREEMENT FOR TEMPORARY EMPLOYMENT OF A RETIRED ANNUITANT THIS AGREEMENT, effective April 21, 2025, is between the City of Ukiah, a municipal corporation of the State of California, ("City") and David Sentak "Retired Annuitant" (collectively, the "Parties"). RECITALS A. The City has a vacancy for the position of Fire -Fuels Crew Superintendent, a regular position for which the City is conducting a recruitment for a permanent appointment; and B. The City has an immediate need for an employee to temporarily perform the position of Fire -Fuels Crew Superintendent, a position involving specialized skills and training and which is critically necessary for the ongoing duties and functions of the City of Ukiah and Ukiah Valley Fire Authority; and C. Retired Annuitant is competent and qualified to perform the services required by this Agreement, and City wishes to have Retired Annuitant perform the Fire -Fuels Crew Superintendent duties in an interim basis; and D. Retired Annuitant's employment is authorized by Government Code section 21221(h), which permits the City to appoint a Ca1PERS retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent replacement. In consideration of this matter described above and of the mutual benefits and obligations set forth in this Agreement, the parties of this Agreement agree as follows: 1. Appointment and Scope of Services: Pursuant to this Agreement, Retired Annuitant is appointed as interim Fire -Fuels Crew Superintendent, and shall temporarily perform the functions of this position, which is a position involving highly specialized and critically needed skills set forth in the attached job description. Such employment is "at -will" subject to the terms of this Agreement, and Retired Annuitant shall perform said duties at the pleasure of and under the direction of the Fire Chief. 2. Compensation and Work Schedule: Rate of Pay: Retired Annuitant shall be paid at the rate of $48.58 per hour. The City has confirmed that this rate is not less than the minimum, nor in excess of the maximum, paid by the City to other employees performing comparable duties (divided by 173.333 to Page 3 of 10 equal an hourly rate) as listed on the City's publicly available pay schedule and publicly available employment agreements. Payments will be made on regularly scheduled City payroll dates and shall be subject to all applicable payroll taxes and withholdings. Such compensation shall be the sole compensation for Retired Annuitant's services under this agreement. Work Schedule and 960-hour Limitations: Retired Annuitant is expected to devote the necessary time, within and outside normal business hours, to the business of the City. Pursuant to Government Code section 21221(h) and section 7522.56(d), however, Retired Annuitant is allowed to work a maximum of 960 hours per fiscal year for all public employers that contract with CalPERS for retirement benefits. The City retains the right to designate, reduce, change, or amend the number of hours assigned to Retired Annuitant consistent with the City's workload and other needs. If Retired Annuitant's annual hours are approaching 960, then the City retains the right to summarily suspend the Retired Annuitant's duties under this Agreement, and to reassign any scheduled hours, as needed, to ensure the Retired Annuitant does not exceed the maximum hours allowed by this Agreement. Retired Annuitant will be responsible for keeping track of the number of hours worked on a timesheet form provided by the City and submitting them at least every two weeks. The position is a temporary, hourly assignment which is generally not expected to exceed 40 hours per week. The City, through the Fire Chief, will assign Retired Annuitant's hours to work. Due to the nature of the position, it is understood that the workday and work week hours may vary, however, Retired Annuitant shall not work overtime (i.e. in excess of 40 hours per week). 3. Employment Status: A. Benefits: Other than the compensation described above in Section 2, Retired Annuitant will receive no other benefits, incentives, compensation in lieu of benefits, or any other form of compensation. Retired Annuitant understands and agrees that he is not, and will not be, eligible to receive any benefits, including City medical insurance, any City retirement program, or any paid holidays, vacation, sick leave, or other leave, with or without pay, or any other job benefits available to an employee in the regular service of the City, except for Workers' Compensation Insurance coverage or similar benefits required by law. B. No Membership in Bargaining�Unit: Retired Annuitant understands that he is not a member of any bargaining unit and is not covered by the terms of any Memorandum of Understanding with any represented or unrepresented group of City employees. Page 4 of 10 C. No Property Right in Employ: Retired Annuitant understands and agrees that the terms of his employment are governed only by this Agreement and that no right of regular employment for any specific term is created by this Agreement. Retired Annuitant further understands that he acquires no property interest in his employment by virtue of this agreement, that the employment is "at will" as defined by the laws of the State of California (meaning that he can be terminated at any time for any reason or for no reason), and that he is not entitled to any pre- or post -deprivation administrative hearing or other due process upon termination or any disciplinary action except as otherwise provided by law. D. Employment of a Retiree: Retired Annuitant understands that CaIPERS retired annuitants may be employed by a CalPERS public agency employer, by temporary appointment to a position not to exceed 960 hours in any fiscal year for all such employers; either (1) during an emergency to prevent stoppage of public business or (2) because the retired employee has skills needed in performing the work of limited duration. In the event Retired Annuitant is providing service to any other CalPERS public agency employer during the term of this Agreement, Retired Annuitant must notify the City of such employment and disclose on a periodic basis (at a frequency determined by the City) the number of hours Retired Annuitant is performing for that other public agency to ensure that the maximum number of hours is not exceeded. 4. Representation of Retired Annuitant: Retired Annuitant represents that he is properly trained and certified to perform the duties required of the position and this Agreement. 5. Effective Date and Term of Agreement: This Agreement shall be effective April 16, 2025, and unless terminated earlier, shall terminate automatically at midnight on April 16, 2026. Employment is temporary, at -will and may be terminated with or without cause and with or without notice at any time by the Retired Annuitant or the City. Retired Annuitant is not eligible for any severance payment or benefit relating to or arising out of the termination of this Agreement. 6. Non -Assignment of Agreement: This Agreement is intended to secure the individual services of the Retired Annuitant and is not assignable or transferable by Retired Annuitant to any third party. 7. Governing Law/Venue: This Agreement shall be interpreted according to the laws of the State of California. Venue for any action or proceeding regarding this contract shall be in Mendocino County. Page 6 of 10 8. Enforceability: if any term, covenant, condition, or provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 9. Conflict of Interest: Retired Annuitant agrees that during the term of this Agreement, he will not maintain any financial interest or engage in any other contract employment, occupation, work, endeavor or association, whether compensated or not, that would in any way conflict with or impair Retired Annuitant's ability to perform the duties described in this Agreement. Any work performed for the City outside the terms of this Agreement must be approved in advance in writing by the Fire Chief. Retired Annuitant agrees to disclose whether he is performing work for any other Ca1PERS public agency employer as required by section 3.D. of this Agreement. 10. Entire Agreement and Modification: This Agreement constitutes the entire understanding of the parties hereto. This Agreement supersedes any previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Retired Annuitant shall be entitled to no other compensation or benefits than those specified herein, and Retired Annuitant acknowledges that no representation, inducements or promises not contained in this Agreement have been made to Retired Annuitant to induce Retired Annuitant to enter into this Agreement. 0 No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Retired Annuitant understands that no oral modification of this Agreement made by any officer, agent, or employee of the City is effective. Retired Annuitant specifically acknowledges that in entering into and executing this Agreement, he relies solely upon the provisions contained herein and no others. 11. Support Services and Equipment: Retired Annuitant shall be provided the equipment needed to perform his duties and sufficient to fulfill the obligations under this Agreement, as determined by the City, at no cost to the Retired Annuitant. 12. Reimbursement for Expenses: Retired Annuitant shall be reimbursed by City in accordance with standard City travel policy (as well as federal and state law) for all authorized and necessary travel undertaken by Retired Annuitant in performance of services pursuant to this Agreement. Retired Annuitant shall document, and claim said reimbursement for such travel in the manner and forms required by the City. Other than as specifically provided herein, Retired Annuitant shall receive no other compensation or reimbursements for expenses incurred by in performance of this Agreement. I Page 6 of 10 13. Notices: All notices permitted or required under this Agreement shall be given to the respective parties by hand -delivery or by mail at the following address, or at such other address as the respective parties may provide in writing for this purpose, by deposit in the U.S. Mail, postage pre -paid, addressed as follows: CITY: City of Ukiah 300 Seminary Ave Ukiah, CA 95482 RETIRED ANNUITANT: David Sentak 14. Indemnification: In accordance with and subject to the limitations of the California Government Claims Act and California Labor Code, the City shall defend, save harmless and indemnify Retired Annuitant against any tort, professional liability, claim or demand or other legal action, arising out of an alleged act or omission occurring in the performance of Retired Annuitants services as Fire -Fuels Crew Superintendent, except that this provision shall not apply with respect to any intentional tort or crime committee by Retired Annuitant, or any actions outside the course and scope of his employment as interim Fire -Fuels Crew Superintendent. 16. Assistance of Counsel: Each party to this Agreement warrants to the other party that the party has either had the assistance of counsel in negotiation for, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain such assistance. CITY: Sage Sangiacomo, City Manager RETIRED ANNUTANT: David Sentak Page 7 of 10 City of Ukiah Fire -Fuels Crew Superintendent Job Description 4020 Established Date 03/17/2025 Code Last Revised Date 03/17/2025 Salary Range $39.97 - $48.58 Hourly $83,137.60 - $101,046.40 Annually Bargaining Unit NA EEO EE04-Protective Service Workers Occupational NA FLSA Exempt Group Benefit Code NA Physical Class NIA DESCRIPTION Under general supervision, this position classification participates in all the activities of a fire -fuels crew or functions assigned to it. It performs and leads in fuels management, fire suppression, fire prevention, training, and related tasks, as required. The Fire -Fuels Crew Superintendent is a supervisory position. The Fire -Fuels Crew Superintendent is distinguished from the Firefighter series in that the latter has a full range of firefighting and Emergency Medical Services responsibilities. Fire -Fuels Crew Superintendent supervises a team daily on fuels reduction projects and responds to primarily wildland-related fires within the County. Fire -Fuels Crew Superintendent provides management and supervision of the Fire -Fuels Crew program This position is under the direct supervision of the Fire Battalion Chiefs. EXAMPLES OF DUTIES These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all - Page 8 of 10 encompassing of the duties to be performed under this job title. In addition to those duties assigned to the Fire -Fuels Crew Squad Boss and Fire -Fuels Crew Member: • Works collaboratively with the grants program to secure funding for projects. • Keeps accurate records of project times and works with finance for billing. • Works with Authority personnel, City personnel, outside agencies, and public groups concerning defensible space inspections and compliance. • Works in partnership with the Mendocino County Fire Safe Council to implement local Community Wildfire Protection Plans across private, state, public, BIA, and local lands. • Coordinates multi jurisdictional fuels reduction and wildfire prevention planning. • Coordinates with sponsor and host agencies to ensure that California Environmental Quality Act requirements are met. • Coordinates programs to monitor the effectiveness and impact of fuels reduction projects and reports findings to internal and external groups. • Maintains records of fuels reduction projects and assists in producing maps for internal and external groups. • Assists in preparing, reviewing, and negotiating interagency agreements for fuels reduction and education projects. • Provides technical assistance for the development of burn plans. • Coordinates fuels management education and outreach programs. • Acts as the Authority's liaison between various organizations and agencies, both public and private, on matters related to fuels management within the Authority's responsibility area. • Performs related duties as assigned. MINIMUM QUALIFICATIONS Abilides. In addition to those abilities required by the Fire -Fuels Crew Squad Boss and the Fire -Fuels Crew Member: • Manage fuels crew projects, including bidding, billing, and planning. • Conduct prescribed lire operations. • Conduct training, discipline, and performance evaluations. • Work cohesively with outside agencies and groups. Page 9 of 10 • Manage the fuels crew budget. Experience: - A minimum of three years of supervisory experience. Education. - In addition to those qualifications required by the Fire -Fuels Crew Squad Boss and the Fire -Fuels Crew Member: • S-390 Introduction to Wildland Fire Behavior Calculations • CA Prescribed Fire Burn Boss 0 11 Page 10 of 10