Resolution No. 2022-08 | Interim Community Development Director Appointment | Adopted 02/07/2022
RESOLUTION NO. 2022-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AN EXCEPTION TO THE
CALPERS 180 DAY WAIT PERIOD OF JON BIGGS FOR
INTERIM COMMUNITY DEVELOPMENT DIRECTOR
APPOINTMENT
WHEREAS, in compliance with Government Code Section 7522.56, the City of Gilroy
(“City”) must provide the California Public Retirement System (“CalPERS”) this certification
resolution when hiring a retiree before 180 days has passed since his or her retirement date; and
WHEREAS, Jon Biggs (“Biggs”) retired from the City of Los Altos in the position of
Community Development Director effective on or about December 31, 2021 and is beyond the
normal retirement age; and
WHEREAS, Section 7522.56 requires that post-retirement employment commence no
earlier than 180 days after the retirement date of December 31, 2021 without this certification
resolution except as allowed under the Governor’s Executive Order N-12-21; and
WHEREAS, Section 7522.56 provides that this exception to the 180 day wait period shall
not apply if the retiree accepts any type of retirement incentive; and
WHEREAS, the City and Biggs certify that Biggs has not and will not receive a Golden
Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is
appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the search for a permanent appointment commenced on February 1, 2022; and
WHEREAS, the City Council of the City of Gilroy hereby consents the City
Administrator’s recommendation to appoint Jon Biggs as an interim appointment retired
annuitant to the vacant position of Community Development Director for the City of Gilroy
under Government Code section 21221(h), effective February 8, 2022; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and
therefore will end once a permanent appointment to the position is made; and
WHEREAS, under Governor’s Executive Order N-12-21, the 60-day bona fide
separation period for retirees who retire before their normal retirement age is currently
suspended; and
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Resolution No. 2022-08
Interim Community Development Director Appointment
City Council Regular Meeting | February 7, 2022
Page 2 of 3
WHEREAS, the entire employment agreement, contract or appointment document
between Biggs and the City of Gilroy has been reviewed by this body and is attached herein as
Exhibit A; 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 for all
CalPERS employers except as allowed by the Governor’s Executive Order N-12-21; 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 $17,180.00 and the hourly
equivalent is $99.12, and the minimum base salary for this position is $12,793.00 and the hourly
equivalent is $73.81; and
WHEREAS, the hourly rate paid to Biggs will be $99.12; and
WHEREAS, Biggs 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 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 Biggs as described herein and
finds that this appointment is necessary for the leadership and management of the Community
Development Department, that Biggs has over twenty years of related experience to complete
such work, and that such interim appointment is necessary to ensure continuity of the Community
Development Department.
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Resolution No. 2022-08
Interim Community Development Director Appointment
City Council Regular Meeting | February 7, 2022
Page 3 of 3
PASSED AND ADOPTED this 7th day of February, 2022, by the following vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, 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
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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 Jon Biggs, an individual
(“Retired Annuitant”) as of February 8, 2022 (“Effective Date”).
RECITALS
A. Retired Annuitant previously was employed by the City of Los Altos and other California Public
Employees’ Retirement System (CalPERS) employers since 1989, having previously served as Los
Altos’ Community Development Director from 2016-2011; and
B. Retired Annuitant retired from public service effective December 31, 2022 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 Community Development Director, a regular position for
which the City has commenced a recruitment for a permanent appointment as of February 1, 2022; and
D. The City has an immediate need for an employee to temporarily perform the position of
Community Development Director, a position involving specialized skills and training and which is
critically necessary to the on-going duties and functions of the City’s Community Development
Department; and
E. Retired Annuitant has the necessary qualifications, experience and abilities to assist City in the
duties of leadership and management of the Community Development 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 position 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
H. Governor’s Executive Order N-12-21 suspends certain requirements related to the employment of
CalPERS retirees to include the 180-day waiting period before working for a CalPERS agency and the
60-day waiting period for retired annuitants to work for a CalPERS agency if the retiree retired before
their normal retirement age.
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
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Section 1. Term of Services
The term of this Agreement is from February 8, 2022 until such time as a permanent replacement for
the position of Community Development 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
Community Development Department:
a. Serve as head of the Community Development Department and technical advisor to the City
Administrator and other department heads on community development related matters.
b. Develop and direct the implementation of goals, objectives, policies, procedures and work
standards for the Community Development Department.
c. Plan, organize, assign, direct, review, and evaluate planning, building, housing, code
enforcement, fire prevention, chemical control, wastewater pretreatment and environmental
services programs.
d. Insure timely and complete review of development applications such as Conditional Use
Permits, Tentative Maps, Architectural and Site Review, Residential Development Approval,
Zoning Ordinance Amendments, General Plan Amendments; including preparation of Negative
Declarations, Initial Studies and Environmental Impact Reports when required.
e. Responsible for staff support to the South County Habitat Conservation Plan development and
the South County Joint Planning Advisory Committee.
f. Facilitate Planning Commission meetings (oversee agenda preparation, review reports and
information that is forwarded in the packet).
g. Direct all aspects of the General Plan Update process.
h. Oversight for the review and permitting of all private and public development within the City.
i. Serve as problem solver or chief advisor on development applications and confer with City
officials, applicants and community groups on proposed projects.
j. Prepare and present comprehensive technical reports.
k. Direct the departmental budget to include: preparing division budgets, projecting revenues and
monitoring revenues and expenditures. Research, analyze, and make recommendations for cost
effective departmental operations to include: developing, administering, and evaluating
departmental programs and services; addressing process issues; and implementing required
changes.
l. Develop, analyze and make recommendations on the formulation of policy, procedures, staffing
and organizational requirements for the department.
m. Select, train and evaluate departmental personnel
n. Responsible to amend and adopt State construction codes and the Zoning Ordinance per new
State law requirements.
o. Review development within the Downtown Specific Plan, Glen Loma Specific Plan and
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Hecker Pass Specific Plan for compliance with the specific plans and development agreements.
p. May serve as the Planning and Intelligence Section Chief of the City’s Emergency Operations
Center (EOC).
q. Coordinate the activities of the Community Development Department with those of other
departments and agencies.
r. Any other duties or assignments typically assigned to the Community 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 $99.12 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 except as allowed under the Governor’s Executive Order N-12-21. 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
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,
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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 February, 2022.
Employer: City of Gilroy
Jimmy Forbis, City Administrator
Retired Annuitant:
Jon Biggs
Approved as to Form:
Andrew L. Faber, City Attorney
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Attest:
Thai Nam Pham, City Clerk
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CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-08 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 Regular Meeting of said held on Council
held Monday, February 7, 2022, 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, February 7, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
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