That the City Council:
A. Approve and authorize the City Manager to execute a temporary employment agreement with Mr. David Crabtree for position of Interim Director of Community and Economic Development; and

B. APPROVE AND ADOPT RESOLUTION NO. ______ ENTITLED:  A RESOLUTION OF THE CITY OF LA HABRA APPOINTING DAVID CRABTREE AS INTERIM DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT UNDER GOVERNMENT CODE SECTIONS 7522.53 & 21221(h).

Former Director of Community Development Andrew Ho submitted his resignation on May 20, 2021.  Likewise, Deputy Director of Community Development Carlos Jaramillo has given notice of his intent to retire effective July 16, 2021.  The departure of the Community Development Department's top two administrators within months of each other has shifted a significant amount of work and responsibility among remaining staff and may impact the Department’s operational capabilities.  In an effort to temporarily alleviate this staffing situation until the City completes the recruitment process for a new Community Development Director, staff recommends retaining the services of Mr. David Crabtree, who retired as the City of Brea’s Community Development Director in December 2019.
 
Mr. Crabtree began his 35-year career in government in 1985 and spent the majority of his career to the City of Brea, serving as the Community Development Director from 2014 until his retirement.  In 2020, Mr. Crabtree established TCG Development Consulting and provides development consultation and assistance services to local government and private clientele.  Most recently, Mr. Crabtree served as Interim Director of Community Development in the City of Buena Park as they conducted a recruitment to fill their vacant Community Development Director position.  Mr. Crabtree, who has a very good working knowledge of the City of La Habra and its recent development activity, will be able to provide value and direction for the Department during the period of transition.

Mr. Crabtree is a retired annuitant under the California Public Employees’ Retirement System (CalPERS).  CalPERS requires a governing body’s authorization for the agency to hire a CalPERS annuitant (i.e. a retiree) into a vacant position on an interim basis, as long as the agency is also actively recruiting to fill the full-time position and the government body deems it necessary to hire someone with specialized skills needed during the recruitment process.  The interim appointment by the governing body must be of limited duration, not to exceed 960 hours in a fiscal year and the appointed retiree shall not receive any benefits, incentives, compensation in lieu of benefits, or any other form of compensation in addition to the hourly rate.  The appointment may only be made once.

With Mr. Ho’s departure, the City will initiate a recruitment for the permanent appointment of a new Director of Community Development; however, this position is a key executive management position and in order to maintain operational continuity of the Community Development Department staff believes it is critical to fill the vacancy on an interim basis. 

If approved by the City Council, Mr. Crabtree will perform the functions and duties of the Community Development Director position, including the planning, managing, organizing and administrative direction and the Department.   Pursuant the attached agreement, the City will pay an hourly rate of $89.50.  Mr. Crabtree will not receive any benefits or overtime compensation and the agreement will expire on July 25, 2022, or upon the hiring of a permanent Director of Community Development, or by mutual agreement of the parties.

Based on the terms of the agreement the hourly rate paid to Mr. Crabtree will be $89.50, and he will not receive any other benefits, incentives, compensation in lieu of benefits or other forms of compensation in addition to this hourly pay rate.  The maximum amount the City will pay during a six-month period, which is the anticipated recruitment period, is $93,080.  There are sufficient funds in the Department’s proposed Fiscal Year 2021-2022 budget to cover the cost of these temporary services without the need for an additional appropriation or budget adjustment.

ED 9.1- Balanced Fiscal Practices