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Resolution No. 2023-45 | Appointment of Karl Bjarke as Interim Public Works Director | Adopted 07/10/2023 RESOLUTION NO. 2023-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPOINTING KARL BJARKE AS INTERIM PUBLIC WORKS DIRECTOR AND APPROVING EMPLOYMENT AGREEMENT WHEREAS, Government Code Section 21221(h) permits the City Council to appoint a retired annuitant to a vacant position requiring specialized skills during recruitment for a permanent appointment and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, Karl Bjarke retired from California Public Employees’ Retirement System employment in December 2017; and WHEREAS, Karl Bjarke has over twenty-eight years of municipal engineering and public works experience and most recently served as the City of Morgan Hill Public Works Director from 2011 - 2017; and WHEREAS, the position of Public Works Director becam e officially vacant on June 28, 2023, following the resignation of Daryl Jordan; and WHEREAS, the Gilroy City Council desires to consent to the City Administrator’s recommendation to appoint retired annuitant Karl Bjarke to the vacant position of Interim Public Works Director for the City of Gilroy under Government Code Section 21221(h), effective July 11, 2023; and WHEREAS, Karl Bjarke has experience with municipal engineering to include development engineering, transportation engineering, capital project engineering, South County Regional Wastewater Authority work, and Public Works operations and maintenance to include Streets, Wastewater, Water, Parks & Landscape, and Trees; and WHEREAS, an appointment under Government Code Section 21221(h) requires that the City has initiated steps to begin the recruitment process for the vacant position; and WHEREAS, this Section 21221(h) appointment shall only be made once and therefore will end on the date immediately preceding the date on which the permanent replacement for the vacant position of Public Works Director for the City of Gilroy commences his or her employment or, if earlier, the date that this appointment is terminated by the City or Karl Bjarke; and WHEREAS, the entire employment agreement between Karl Bjarke and the City of Gilroy has been reviewed by this body and is attached hereto as Exhibit A; and WHEREAS, no matters, issues, terms, and/or conditions related to this employment and appointment have been or will be placed on the consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and Resolution No. 2023-45 Appointment of Karl Bjarke as Interim Public Works Director City Council Meeting | July 10, 2023 Page 2 of 3 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 monthly salary for this position is $21,031.25 and the hourly equivalent is $121.33, and the minimum base monthly salary for this position is $15,771.00, and the hourly equivalent is $90.99; and WHEREAS, the hourly rate to be paid to Karl Bjarke will be $121.33; and WHEREAS, Karl Bjarke has not and will not receive any other benefit, incentive compensation in lieu of benefits, or any other form of compensation in addition to this hourly pay rate. NOW, THEREFORE, the City Council of the City of Gilroy hereby finds, determines, and resolves as follows: 1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference. 2. The City Council hereby certifies the nature of the employment of Karl Bjarke as described herein and detailed in the attachment employment agreement and that this appointment is necessary to fill the critically needed position of Public Works Director for the City of Gilroy to provide the specialized skills necessary to manage the City’s engineering and public works functions. 3. The City Council hereby authorizes the appointment of Karl Bjarke to Interim Public Works Director effective on July 11, 2023 pursuant to the authority provided under Government Code Sections 21221(h), which shall end on the date immediately preceding the date on which the permanent replacement for the vacant position of Public Works Director for the City of Gilroy commences his or her employment or, if earlier, the date that this appointment is terminated by the City or Karl Bjarke. 4. The employment agreement with Karl Bjarke, a copy of which is attached hereto as Exhibit A and will be maintained on file with the Human Resources Department, is approved by the City Council, effective on July 11, 2023. 5. The City Administrator is authorized to execute said agreement on behalf of the City, with such technical amendments as may be deemed appropriate by the City Administrator and City Attorney. Resolution No. 2023-45 Appointment of Karl Bjarke as Interim Public Works Director City Council Meeting | July 10, 2023 Page 3 of 3 PASSED AND ADOPTED this 10th day of July 2023 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (Jul 11, 2023 14:04 PDT) Marie Blankley EXHIBIT A RETIRED ANNUITANT EMPLOYMENT AGREEMENT The Retired Annuitant Employment Agreement (“Agreement”) is made by and between the City of Gilroy, a municipal corporation of the State of California (“City”) and Karl Bjarke, an individual (“Retired Annuitant”) as of July 11, 2023 (“Effective Date”). RECITALS A. Retired Annuitant previously was employed by the City of Morgan Hill and other California Public Employees’ Retirement System (CalPERS) employers since 1989, having previously served as Morgan Hill’s Public Works Director from 2011-2017; and B. Retired Annuitant retired from public service effective December 2, 2017 and began collecting a retirement pension from the California Public Employees’ Retirement System (CalPERS); and C. The City has a vacancy in the position of Public Works Director, a regular position for which the City will commence steps to initiate the recruitment for a permanent appointment prior to July 11, 2023; and D. The City has an immediate need for an employee to temporarily perform the position of Public Works Director, a position involving specialized skills and training and which is critically necessary to the on-going duties and functions of the City’s Public Works Department; and E. Retired Annuitant has the necessary qualifications, experience and abilities to assist City in the duties of leadership and management of the Public Works Department; and F. Retired Annuitant’s employment is authorized by Government Code section 21221(h), which permits the City to appoint a CalPERS retired annuitant to a vacant posi tion requiring specialized skills during recruitment for a permanent replacement; and G. City desires to retain the services of Retired Annuitant in accordance with California Government Code Section 21221(h) and Retired Annuitant agrees to provide certain services to City under the strict terms and conditions set out in this Agreement; and In consideration of this matter described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties of this Agreement agree as follows: AGREEMENT Section 1. Term of Services The term of this Agreement is from July 11, 2023 until such time as a permanent replacement for the position of Public Works Director has been selected and has commenced employment, unless terminated sooner as provided below. Section 2. Scope of Services Retired Annuitant, as an officer of the city, agrees to perform the following duties related to the Gilroy Public Works Department: a. Plan, direct, and coordinate the activities of the Public Works Department. b. Serve as a technical advisor to the City Administrator and other department heads on public works related matters. c. Develop and direct the implementation of goals, objectives, policies, procedures, and work standards for the Public Works Department. d. Plan, organize, assign, direct, review, and evaluate public works and engineering activities, including project planning, design, construction, and inspection. e. Plan, organize, assign, direct, review, and evaluate all maintenance activities, including the areas of streets, storm drains, parks, water and wastewater utilities, and trees. f. Perform preliminary and final engineering review and consultation on public and private projects with developers, designers, and project engineers; review and sign maps, plans, specifications, and projects for compliance with sound engineering practices and existing laws; review initial studies and environmental impact reports for adequate mitigation of infrastructure impacts. g. Confer with City officials and community groups on proposed public works projects. h. Prepare and present comprehensive technical reports. i. Direct the departmental budget to include: preparing division budgets, preparing the annual five-year and ten-year capital improvement budgets, and monitoring revenues and expenditures. Research, analyze, and make recommendations for cost effective departmental operations to include: designing, administering, and evaluating departmental programs and services; addressing process issues; and implementing required changes. j. Select, train, and evaluate department personnel. k. Monitor developments related to municipal engineering and public works matters; evaluate their impact upon City operations and recommend policy and procedural improvements. l. Coordinate the activities of the Public Works Department with those of other departments and agencies. Meet with and represent the City in project development and negotiations with regional agencies such as CalTrans, Valley Transportation Authority (VTA), and the Santa Clara Valley Water District (SCVWD). m. Present before City Council, public agencies, civic groups, and other organizations regarding Public Works Department projects and programs. n. Any other duties or assignments typically assigned to the Public Works Director. Retired Annuitant will report directly to the City Administrator. Retired Annuitant shall comply with all City rules, policies, guidelines, regulations, and laws. Section 3. Compensation; Hours City agrees to compensate Retired Annuitant at $121.33 per hour for all services provided under this Agreement. Payments from City to Retired Annuitant shall be made during the normal payroll cycles of other City employees. City has reviewed and compared the hourly rate set forth in this Section with other employees performing comparable duties and the hourly rate set forth in this Section does not exceed such other employee’s compensation. Retired Annuitant agrees and acknowledges that he shall not perform any services under this Agreement exceeding a total of nine hundred sixty (960) hours during any fiscal year (July 1 to June 30) inclusive of any hours worked during the same period for other CalPERS employers as a retired annuitant. Retired Annuitant shall record his hours on a pre-approved timesheet that shall be submitted to the City every month. The position is a temporary, hourly assignment which is generally not expected to exceed 40 hours per week. The City, through the City Administrator, will assign Retired Annuitant hours to work. Due to the nature of the position, it is understood that the workday and workweek hours may vary, however Retired Annuitant shall not work overtime (i.e. in excess of 40 hours per week) as payment of overtime is prohibited under Government Code Section 21221(h). There are no other benefits, incentives, compensation in lieu of benefits or other forms of compensation in addition to the hourly pay rate set forth in this Section. Section 4. Location The primary locations for services will be at the following addresses: Gilroy City Hall, 7351 Rosanna Street, Gilroy, California 95020 Gilroy Corporation Yard, 613 Old Gilroy Street, Gilroy, California 95020 Section 5. Compliance with Laws This Agreement will be construed in accordance with and governed by the laws in the State of California. In the event that suit shall be brought by any of the parties, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California. Retired Annuitant shall comply with all applicable laws, rules, policies, and guidelines. Retired Annuitant agrees and acknowledges that the State of California and the governing body of the California Public Employees’ Retirement System enact strict laws, regulations and guidelines relating to services provided by “retired annuitants” to public agencies contracting with the California Public Employees’ Retirement System. Retired Annuitant agrees to comply with all applicable laws, regulations and guidelines relating to the services provided under this Agreement. Section 6. Termination This Agreement may be terminated by either party for convenience by providing written notice to the other party. Section 7. Miscellaneous a. Retired Annuitant has read each and every part of this Agreement and Retired Annuitant freely and voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement or any of its provisions. b. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjusted shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. c. This Agreement represents the entire and integrated agreement between City and Retired Annuitant and supersedes all prior negotiations, representations, or agreements, either written or oral. In witness where of the parties have duly affixed their signatures on this __ day of July, 2023. Employer: City of Gilroy Jimmy Forbis, City Administrator Retired Annuitant: Karl Bjarke Approved as to Form: Andrew L. Faber, City Attorney Attest: Thai Nam Pham, City Clerk CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2023-45 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a Special Meeting of said held on Council held Monday, July 10, 2023, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, July 10, 2023. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)