HomeMy WebLinkAbout19-81 - Appointing an Interim City Engineer and Certifying an Exception to the 180-Day Wait PeriodRESOLUTION NO. 19-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
APPOINTING AN INTERIM CITY ENGINEER AND CERTIFYING AN EXCEPTION TO THE
180-DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 &
21221(h)
THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY
FIND, CERTIFY AND DECLARE AS FOLLOWS:
WHEREAS, in compliance with Government Code section 7522.56 the City of Costa Mesa
("City") must provide CalPERS this certification resolution when hiring a retiree before 180 days
has passed since his or her retirement date; and
WHEREAS, Baltazar Mejia retired from the City in the position of City Engineer, effective
December 6, 2019; and
WHEREAS, section 7522.56 requires that post -retirement employment commence no
earlier than 180 days after the retirement date, which is June 4, 2020, without this certification
resolution; and
WHEREAS, 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 and Baltazar Mejia certify that Baltazar Mejia has not and will not
receive a Golden Handshake or any other retirement -related incentive; and
WHEREAS, the position of interim City Engineer is a critically needed position and will
require specialized skills to perform:
WHEREAS, Baltazar Mejia possesses those specialized skills;
WHEREAS, the City desires to appoint Baltazar Mejia as an interim appointment retired
annuitant to the vacant position of City Engineer for the City under Government Code section
21221(h), effective January 5, 2020 on the terms and conditions stated herein and as attached
hereto; and
WHEREAS, an appointment under Government Code section 21221(h) requires an active,
publicly posted recruitment for a permanent replacement; and
WHEREAS, the current status of this recruitment is active; and
WHEREAS, this section 21221(h) appointment shall only be made once and therefore will
end on December 31, 2020; and
WHEREAS, the entire employment agreement between Baltazar Mejia and the City has
been reviewed by the City Council and is attached hereto; and
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WHEREAS, no matters, issues, terms or conditions related to this employment and
appointment have been or will be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year; 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 $12,526 per month and the
hourly equivalent is $72.27 per hour; the minimum base salary for this position is $9,348 per
month and the hourly equivalent is $53.93 per hour; and
WHEREAS, the hourly rate paid to Baltazar Mejia will be $72.27 per hour; and
WHEREAS, Baltazar Mejia 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY
RESOLVES AS FOLLOWS:
The above stated findings, declarations and certifications are true and correct;
The City Council hereby appoints Baltazar Mejia as an interim appointment retired
annuitant to the vacant position of City Engineer for the City of Costa Mesa under Government
Code section 21221(h), effective January 5, 2020; and
The City Council hereby certifies the nature of the employment of Baltazar Mejia is as
described herein and detailed in the attached employment agreement and that this appointment
is necessary to fill the critically needed position of City Engineer for the City of Costa Mesa by
January 5, 2020 because of the nature of work, level of responsibility and liability and the need
for continuity associated with ongoing and future critical Capital Improvement and other
Engineering projects.
PASSED AND ADOPTED this 17"' day of December, 2019.
ATTEST:
APPR(3VED-AG TO FORM:
Brenda Green, ' y Clerk Kimberloak Barlow, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA 1
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the
above and foregoing is the original of Resolution No. 19-81 and was duly passed and adopted by
the City Council of the City of Costa Mesa at a regular meeting held on the 171h day of December,
2019, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GENTS, MANSOOR, MARR, REYNOLDS,
STEPHENS, FOLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 1811 day of December, 2019.
IJ I I I 1
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