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Home My WebLink About19-035 - ResolutionRESOLUTION NO. 19-035 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING BASIS FOR EXCEPTION TO THE 180 -DAY WAIT PERIOD TO ALLOW A CALPERS RETIREE TO FILL A CRITICALLY NEEDED SPECIAL ASSIGNMENT (GOVERNMENT CODE SECTIONS 7522.56 & 21224). WHEREAS in compliance with Government Code section 7522.56 the City Council of the City of Rancho Cucamonga must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS Sandra Ramirez retired from City of Rancho Cucamonga in the position of Management Analyst III, effective June 4, 2019; and WHEREAS section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is December 1, 2019, without this certification resolution; and WHEREAS the City has a critical need for a temporary employee to manage continuity for treasury management functions and efficiently and effectively manage two critical request for proposal projects; and WHEREAS Sandra Ramirez has the specialized skills and knowledge necessary to maintain the continuity of treasury management operations and two requests for proposals (RFPs) projects such that her appointment is necessary to fill this critically needed assignment before the 180 days have passed; and WHEREAS the City Council of the City of Rancho Cucamonga, the City of Rancho Cucamonga and Sandra Ramirez certify that Sandra Ramirez has not and will not receive a Golden Handshake or any other retirement -related incentive; and WHEREAS the City Council of the City of Rancho Cucamonga hereby appoints Sandra Ramirez as an extra help, special assignment retiree annuitant to perform the duties of Department Management for the City of Rancho Cucamonga under Government Code section 21224, effective June 6, 2019 and ending on or prior to November 30, 2019; and WHEREAS the entire employment agreement, contract or appointment document between Sandra Ramirez and the City of Rancho Cucamonga has been reviewed by this body and attached herein; and WHEREAS no matters, issues, terms or conditions related to this employment or 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 Resolution No. 19-035 - Page 1 of 3 WHEREAS, the maximum base salary for the position of Department Manager is $10,367 and the hourly equivalent is $59.81, and the minimum base salary for this position is $6,020 and the hourly equivalent is $34.73; and WHEREAS the hourly rate paid to Sandra Ramirez will be $46.84; and WHEREAS Sandra Ramirez 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 NOW, THEREFORE, THE CITY COUNCIL OF RANCHO CUCAMONGA, HEREBY RESOLVES, the City Council of the City of Rancho Cucamonga hereby certifies the nature of the appointment of Sandra Ramirez as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed special assignment as Department Manager for the City of Rancho Cucamonga by June 6, 2019, to manage continuity for treasury management functions and efficiently and effectively manage two requests for proposals (RFPs) for the City. Resolution No. 19-035 - Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 5th day of June, 2019. P'FUJ , ��I/ L. Dennis Michael, Mayor Janice C. Reynolds, Clerk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 51h day of June 2019. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 6th day of June, 2019, at Rancho Cucamonga, California. Janice C. Reynolds, Clerk Resolution No. 19-035 - Page 3 of 3 Mayor L. Dennis Michael I Mayor Pro Tem Lynne B. Kennedy Council Members Ryan A. Hutchison, Kristine D. Scott, Sam Spagnolo City Manager John R. Gillison 10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1909.477.2700 1 www.CityofRC.us June 6, 2019 Sandra Ramirez 6637 Jasper Street Alta Loma, CA 91701 RE: Special Duty Assignment of Department Manager Dear Ms. Ramirez: I am pleased to extend to you an offer of employment for the special duty assignment of Department Manager at $46.84 per hour with the City of Rancho Cucamonga. In compliance with the Public Employees' Pension Reform Act "PEPRA", the City acknowledges that this interim appointment will be effective June 6, 2019, and end no later than November 30, 2019, per CalPERS exception to the 180 -day waiting GC Section 7522.56 and GC Section 21224. Resolution No. 19-xxx, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CERTIFYING BASIS FOR EXCEPTION TO THE 180 -DAY WAIT PERIOD TO ALLOW A CALPERS RETIREE TO FILL A CRITICALLY NEEDED SPECIAL ASSIGNMENT (GOVERNMENT CODE SECTIONS 7522.56 & 21224). By accepting this offer of temporary employment, you agree that the City of Rancho Cucamonga will enroll you as a retired annuitant and will report your hours worked with the hourly pay rate to CaIPERS. As a CalPERS retiree, you will be limited to working a maximum of 960 hours per fiscal year. Starting Salary Step: 6585 ($46.84/hr.) This hourly rate is within the Department Manager pay range. No other benefit, incentive, compensation in lieu of benefits, or other form of compensation will be paid. The City must enroll you as a retired annuitant and your pay rate with hours worked will be reported in the "my CalPERS" system. Classification: Retired Annuitant — Special Assignment as Department Manager The City makes no representation, promises, guarantees, or warranties, expressed or implied, on the impact, if any, the acceptance of this offer may have upon Ms. Ramirez's CalPERS retirement benefits, status, duties, and/or obligations. Ms. Ramirez acknowledges that in entering into this Agreement, she has not relied upon such representations (none of which being in existence) in assessing the CalPERS-related impact of her employment. Therefore, by signing below Ms. Ramirez releases the City, it's employees, elected officials, agents or attorneys from any and all CalPERS-related claims or liabilities that may arise in connection with employment pursuant to this Agreement. This offer of employment contains the entire offer. There are no other expressed or implied promises, representations or contracts being offered to you. Your interim employment is considered "at will" and termination may occur at any time with or without cause. Mayor L Dennis Michael I Mayor Pro Tem Lynn* B. Kennedy Council Members Ryon A. Hutchison, Kristine D. Scott, Sam Spagno!o City Manager John R. Gillison 10500 Civic Center Drive I Rancho Cucamonga, CA 91730 1909 477.2700 1 www.CityofRC. us If you have any questions regarding your appointment, please feel free to call me at (909) 477-2700, ext. 2401. Sincerely, Robert Neiuber Human Resources Director Human Resources Department Attachment: Acknowledgement I understand the term,,:; and conditions of employment, I certify that I did not receive any unemployment insurance payments within the 12 months prior to this appointment for previous retired annuitant work with any CalPER'S employer. I further understand that, if hired, I would be an at -will employee and that termination may occur at any time with or without cause without right of appeal or hearing. E