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HomeMy WebLinkAboutReso 2020-164RESOLUTION NO. 2020-164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE NECESSITY OF APPOINTING A CALPERS RETIREE WITHIN 180-DAYS OF RETIREMENT, PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224 WHEREAS, in compliance with Government Code section 7522.56 the City Council of the City of Chula Vista must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Gary Halbert (CalPERS ID 3876353456) retired from the City of Chula Vista in the position of City Manager, effective June 20, 2020; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is December 18, 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 Council of the City of Chula Vista, the City of Chula Vista and Gary Halbert certify that Gary Halbert has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the City Council of the City of Chula Vista hereby appoints Gary Halbert as an extra help retired annuitant to perform the duties of the Assistant Director of Development Services for the City of Chula Vista under Government Code section 21224, effective July 15, 2020; and WHEREAS, the City Council finds that the temporary appointment of Mr. Halbert to this position is necessary to fill a critically needed position before 180 days have passed, in that, Mr. Halbert has skills needed to perform work of limited duration; and WHEREAS, the entire employment agreement, contract or appointment document between Gary Halbert and the City of Chula Vista 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 WHEREAS, the employment shall be limited to 960 hours per fiscal year; and DocuSign Envelope ID: CA3CEA10-5290-4A29-8FC7-8BA47B82CFC1 Resolution No. 2020-164 Page No. 2 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 $15,411.00 monthly and the hourly equivalent is $88.91 and the minimum base salary for this position is $12,678.66 monthly and the hourly equivalent is $73.15; and WHEREAS, the hourly rate paid to Mr. Halbert will be $88.91; and WHEREAS, Mr. Halbert 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. THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista hereby certifies the nature of the employment of Gary Halbert as described herein and detailed in the attached employment agreement, and that this appointment is necessary to fill the critically needed position of Assistant Director of Development Services for the City of Chula Vista by July 15, 2020 because the duties Mr. Halbert will be performing directly relate to the Commercial Cannabis application appeals process, which is required to follow specific timeframes and deadlines. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: CA3CEA10-5290-4A29-8FC7-8BA47B82CFC1 Resolution No. 2020-164 Page No. 3 Presented by Approved as to form by Maria V. Kachadoorian Glen G. Googins City Manager City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of July 2020 by the following vote: AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary Casillas Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2020-164 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of July 2020. Executed this 14th day of July 2020. Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: CA3CEA10-5290-4A29-8FC7-8BA47B82CFC1