HomeMy WebLinkAboutResolution No. 2025-60 | Bjarke Karl Interim Utilities Director Appointment | Adopted 12/08/2025RESOLUTION NO. 2025-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPOINTING KARL BJARKE AS INTERIM
UTILITIES 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, the position of Utilities Director will become vacant later this month due to
the retirement of Utilities Director Heath McMahon; and
WHEREAS, Karl Bjarke has over 28 years of experience in the area of public works and
municipal engineering, to include the areas of water and wastewater and served as the City of
Morgan Hill Public Works Director from 2011 - 2017; and
WHEREAS, Karl Bjarke has served two times as Gilroy’s Interim Public Works
Director when the position was vacant and has familiarity with Gilroy policies, processes, and
procedures; and
WHEREAS, the Gilroy City Council desires to consent the City Administrator’s
recommendation to appoint retired annuitant Karl Bjarke to the vacant position of Interim
Utilities Director for the City of Gilroy under Government Code Section 21221(h), effective
December 23, 2025; 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, a step that will be
completed prior to December 23, 2025; 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 Utilities 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
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Resolution No. 2025-60
Bjarke, Karl Interim Utilities Director Appointment
City Council Regular Meeting | December 8, 2025
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
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 $23,427.67 and the
hourly equivalent is $135.16 and the minimum base monthly salary for this position is
$17,056.25 and the hourly equivalent is $98.40; and
WHEREAS, the hourly rate to be paid to Karl Bjarke will be $131.22; 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 Utilities
Director for the City of Gilroy to provide the specialized skills necessary to lead
and manage the City’s Utilities Department.
3. The City Council hereby authorizes the appointment of Karl Bjarke to Interim
Utilities Director effective December 23, 2025 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 Utilities 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 on December 8, 2025, and is
effective December 31, 2025.
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Resolution No. 2025-60
Bjarke, Karl Interim Utilities Director Appointment
City Council Regular Meeting | December 8, 2025
5. The Interim City Administrator is authorized to execute said agreement on behalf
of the City, with such technical amendments as may be deemed appropriate by the
Interim City Administrator and City Attorney.
PASSED AND ADOPTED this 8th day of December, 2025 by the following roll call
vote:
AYES: COUNCIL MEMBERS: BRACCO, CLINE, FUGAZZI, HILTON,
MARQUES, RAMIREZ, BOZZO
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Greg Bozzo, Mayor
ATTEST:
Kim Mancera, City Clerk
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Resolution No. 2025-60
Bjarke, Karl Interim Utilities Director Appointment
City Council Regular Meeting | December 8, 2025
CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution
No. 2025-60 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, December 8, 2025
with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of
Gilroy this Wednesday, December 10, 2025.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
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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 Karl Bjarke, an individual
(“Retired Annuitant”) effective December 23, 2025 (“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 Utilities Director, a regular position for which the City will
commence steps to initiate the recruitment for a permanent appointment prior to December 23, 2025;
and
D. The City has an immediate need for an employee to temporarily perform the position of Utilities
Director, a position involving specialized skills and training, and which is critically necessary to the
on-going duties and functions of the City’s Utilities Department; and
E. Retired Annuitant has the necessary qualifications, experience, and abilities to assist City in the
duties of leadership and management of the Utilities 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 pos ition 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 December 23, 2025 until such time as a permanent replacement for
the position of Utilities Director has been selected and has commenced employment, unless terminated
sooner as provided below.
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Section 2. Scope of Services
Retired Annuitant, as an officer of the city, agrees to perform the following duties related to the Gilroy
Utilities Department:
• Serve as head of the Utilities Department and technical advisor to the City Administrator and other
department heads on utilities related matters.
• Develop and direct the implementation of goals, objectives, policies, procedures, and work
standards for the Utilities Department.
• Plan, organize, assign, direct, review, and evaluate utilities and utility-related engineering
activities, including project planning, design, construction, and inspection.
• Plan, organize, assign, direct, review, and evaluate all maintenance activities, including the, water
and wastewater utilities.
• Plan, organize, and direct the City utilities program which includes: water supply, treatment,
storage, conservation, distribution, facilities, and customer service operations; wastewater
collection, treatment, and redistribution.
• Implement the City’s Water, Wastewater Master Plans and long-term South County Regional
Wastewater Authority (SCRWA) Capital Improvement Plan.
• Forecast water usage needs, develop plans for water distribution and recycling accordingly, and
allocate funds as necessary.
• Coordinate with Valley Water to ensure the City’s long-term sustainability of water supply needs
are met and groundwater supplies are properly protected.
• Perform preliminary and final engineering review and consultation on public and private utility-
related 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 utility
infrastructure impacts.
• Confer with City officials and community groups on proposed utilities projects.
• Prepare and present comprehensive technical reports.
• Make presentations before Boards, Commissions, and the City Council.
• Direct the departmental budget to include: preparing section budgets, preparing the annual five-
year and ten-year capital improvement budgets for utility projects, preparing, and administering the
SCRWA budget, and monitoring revenues and expenditures.
• Research, develop, and monitor grant funding, programs, and projects.
• 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.
• Select, train, and evaluate department personnel.
• Monitor developments related to municipal utilities matters; evaluate their impact upon City
operations and recommend policy and procedural improvements.
• Coordinate the activities of the Utilities Department with those of other departments and agencies.
Meet with and represents the City in project development and negotiations with regional agencies
such as Valley Water and our SCRWA partner, City of Morgan Hill.
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• Serve as the City’s representative on all local, regional, and state-level boards including those at
Valley Water to ensure that the City has representation for all matters impacting Gilroy rate payers.
• May be assigned to support the Operations Branch, or other branches, of the city’s Emergency
Operations Center.
• Perform related work as assigned.
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 $131.22 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
employees’ compensation.
Retired Annuitant agrees and acknowledges that he shall not perform any services under this
Agreement or as an extra help retired annuitant 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 location for services will be at the following addresses:
Gilroy Utilities Department, 250 W. Sixth Street, Gilroy, California 95020
Gilroy Corporation Yard, 613 Old Gilroy Street, Gilroy, California 95020
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,
California. Retired Annuitant shall comply with all applicable laws, rules, policies, and guidelines.
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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 December, 2025.
Employer: City of Gilroy
Brad Kilger, Interim City Administrator
Post-Retirement Employment [21221(h)]
Effective Date
December 23, 2025
Retired Annuitant
Karl Bjarke
Approved as to Form:
Andrew L. Faber, City Attorney
Attest:
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Kim Mancera, City Clerk
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