1 CITY OF ALAMEDA RESOLUTION NO. ______
APPROVING THE APPOINTMENT OF RETIRED ANNUITANT
ROBERT ORBETA TO THE POSITION OF ADMINISTRATIVE
SPECIALIST III WITH ALAMEDA MUNICIPAL POWER AND
CERTIFYING THAT THE APPOINTMENT IS NECESSARY TO FILL A
CRITICALLY NEEDED POSITION BEFORE THE PASSAGE OF 180
DAYS FOLLOWING THE DATE OF MR. ORBETA’S RETIREMENT, IN
ACCORDANCE WITH GOVERNMENT CODE SECTIONS 7522.56
AND 21224
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the Council of the City of Alameda must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Robert Orbeta (CalPERS ID 3155982547 ) retired from the City of Alameda in the position of Assistant General Manager of Administration, effective February 3, 2024; and
WHEREAS, Gov. Code 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 Council of the City of Alameda , the City of Alameda, and Robert Orbeta certify that Robert Orbeta has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the Council of the City of Alameda hereby appoints Robert Orbeta as an extra help retired annuitant to perform the duties of the Administrative Specialist III for the City of Alameda under Gov. Code section 21224, effective February 11, 2024; and
WHEREAS, the entire employment agreement, contract or appointment document between Robert Orbeta and the City of Alameda 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 for all CalPERS employers; 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
2 WHEREAS, the maximum salary for employees performing comparable duties is $18,255.92 monthly and the hourly equivalent is $105.32, and the minimum base salary for this position is $15,019.25 monthly and the hourly equivalent is $86.65; and
WHEREAS, the hourly rate paid to Robert Orbeta will be $103.09; and
WHEREAS, Robert Orbeta has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to his hourly pay.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda hereby approves the appointment of retired annuitant Robert Orbeta to the position of Administrative Specialist III with Alameda Municipal Power , certifies the nature of the appointment of Robert Orbeta as described herein and detailed in the attached employment agreement/contract/appointment document , and further certifies that this appointment is necessary to fill a critically needed position for the City of Alameda by February 11, 2024 . The retired annuitant was the Assistant General Manager of Administration for the City of Alameda and will be rehired performing the comparable duties of the Assistant General Manager classification. The City would like to rehire Robert Orbeta to provide critical knowledge and strategic consultation to the City as it relates to the development, finalization, and presentation Fiscal Year 2024-2025 budget; negotiations with PG&E and the California Independent System Operator (CAISO) in relation to the Oakland Clean Energy Initiative; and in supporting AMP’s position as NCPA deals with aging facilities.
3 EXHIBIT A
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I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 6th day of February 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 7th day of February 2024.
_____________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
______________________
Yibin Shen, City Attorney
City of Alameda