AGENDA
ITEM
17 AGENDA
CALEXICO California ITEM
AND MEXICO MEET
17 CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 1, 2025
TO: Mayor and City Council
Benjamin Martinez, City Manager Br
APPROVED BY:
REVIEWED BY: Karla Chaparro, Finance Director Je
PREPARED BY: Benjamin Martinez, City Manager
SUBJECT: Adopt Resolution Appointing Lydia Hernandez as Extra Help Services Pursuant to Government Code Sections 7522.56 and 21224.
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Recommendation:
Staff recommends that the City Council adopt Resolution No. 2025- _ A resolution of the City Council of the City of Calexico, California appointing Lydia Hernandez as Extra Help Services Pursuant to Government Code Sections 7522.56 and 21224.
Background:
The Human Resources/Risk Management Manager position became vacant effective December 4, 2024. During the six-month recruitment period, the Human Resources Department continued operations independently with support from employees in other departments. The position was permanently filled on June 3, 2025.
Government Code Section 21224 permits the City Council to appoint a CalPERS retiree to an extra help position requiring specialized skills during a time of need. Such appointment will not subject the retiree to reinstatement from retirement or loss of benefits, provided the appointment is a single appointment and does not exceed 960 hours in a fiscal year (inclusive of hours worked for all CaPERS employers). Compensation for such appointments must be established at a rate that is no less than the minimum and no more than the maximum paid to an employee performing comparable work as that of the Human Resources Manager.
Government Code Section 7522.56 establishes a 180-day waiting period following retirement before a retiree may begin post-retirement employment with a CalPERS agency. For Ms. Hernandez, the 180- day period would end on January 1, 2026. The statute allows an exception if the City Council adopts a resolution certifying the nature of the employment and waiving the waiting period pursuant to Government Code Section 7522.56(f) (1).
Discussion and Analysis:
To support the City's Human Resources and Risk Management operations, staff recommends hiring Ms. Hernandez on a limited-term basis, effective October 1, 2025. She brings extensive human resources experience and will provide valuable assistance with specialized projects and additional support to strengthen the department's capacity during this period. Ms. Lydia Hernandez retired from the City of National City as Human Resources Manager, effective July 5, 2025.
Her expertise will complement the ongoing efforts of the Human Resources Department by contributing to critical assignments, including reviewing and analyzing the City's various Memoranda of Understanding (MOUs) to ensure compliance with provisions, developing and updating policies and procedures related to Human Resources and Risk Management programs, and assisting with other important projects and reports as assigned.
The proposed agreement will terminate upon the earliest of the following: October 1, 2026; once Ms.
Hernandez reaches 960 hours of service in Fiscal Year 2026 or any subsequent fiscal year; or termination by either the City or Ms. Hernandez as outlined in the agreement.
Staff has worked with the City Attorney to ensure that all requirements for an appointment under Government Code Section 21224 have been met.
Included in the Council's agenda packet are a resolution appointing Ms. Lydia Hernandez to Extra Help Services for the Human Resources Department pursuant to Government Code Section 21224, including certification of the 180-day waiver requirement under Section 7522.56(f)(1), and a proposed employment agreement.
Fiscal Impact:
Ms. Lydia Hernandez will be compensated at an hourly rate of $50.00. This rate is no less than the minimum and no more than the maximum hourly rate paid to an employee performing comparable duties.
She will not be entitled to any additional compensation, overtime, benefits, paid leave, or paid holidays.
Based on the CaPERS retired annuitant limit of 960 hours per fiscal year, the maximum cost to the City will not exceed $51,700 annually. Funding has been reallocated from 255-91-908-56000-002 to support this limited-term appointment.
Coordinated With:
City Attorney
City Manager
Finance Department
Attachments):
Resolution No. 2025- _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO FOR EXCEPTION TO THE 180-DAY WAITING PERIOD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7522.56 AND 21224
2. Agreement for Extra Help Services
3. Budget Amendment Resolution
2 ATTACHMENT NO. 1
RESOLUTION NO. 2025-—
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO FOR EXCEPTION TO THE 180-DAY WAITING PERIOD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government Code Section 7522.56, the City Council of the City of Calexico must provide CaPERS this certification resolution when hiring a retiree 180 days before has passed since his or her retirement date; and
WHEREAS, Lydia Hernandez retired from the City of National City in the position of Human Resources Manager, effective July 5, 2025; and
WHEREAS, no offer of employment was made to Lydia Hernandez to work at the City of Calexico prior to her retirement, and she has been retired for more than 60 days; and WHEREAS, Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is January 1, 2026, without this certification resolution; and WHEREAS, 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 City Council of the City of Calexico, and Lydia Hernandez, certify that Lydia Hernandez has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the City Council wishes to appoint Lydia Hernandez as an extra help retired annuitant to support the City's Human Resources and Risk Management operations and complement the ongoing efforts of the Human Resources Department, effective October 1, 2025; and WHEREAS, the entire employment agreement between Lydia Hernandez and the City of Calexico has been reviewed by this body and is attached hereto; 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 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 position on the pay schedule that is comparable to the work that will be performed by Lydia Hernandez is Human Resources Manager for which the minimum hourly rate is $44.178 and the maximum hourly rate is $53.698; and
WHEREAS, the hourly rate to be paid to Lydia Hernanez is $50.00, subject to any subsequent adjustment to the payrate reflected on a publicly available pay schedule adopted by City Council; and WHEREAS, Lydia Hernandez 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, BE IT RESOLVED THAT, the City Council of the City of Calexico 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 appointment of Ms. Lydia Hernandez as described in the attached employment agreement, finding it necessary to provide additional support to the Human Resources Department by assisting with critical projects and high-priority assignments essential to departmental operations.
The City Council hereby waives the 180-day waiting period pursuant to Government Code sections 7522.56(f)(1).
The employment agreement with Lydia Hernandez, a copy of which is enclosed herein as Exhibit "A", is approved by the City Council, effective October 1, 2025.
The Mayor is authorized to execute said agreement on behalf of the City of Calexico, with such technical amendments as may be deemed appropriate by the City Manager and City Attorney.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Calexico, on this 1s day of October 2025.
Ayes:
Noes:
Abstentions:
Absent:
Diana Nuricumbo, Mayor
City of Calexico
ATTEST:
Veronica Luna-Alvarado, City Clerk
City of Calexico
ATTACHMENT NO. 2
AGREEMENT FOR
EXTRA HELP SERVICES
THIS AGREEMENT is made and entered into this 1st day of October, 2025 by and between the City of Calexico ("CITY") and Lydia Hernandez ("EMPLOYEE"). consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:
RECITALS
This Agreement is made and entered into with respect to the following facts:
CITY seeks to engage EMPLOYEE on a temporary basis in an extra help capacity, in accordance with the terms set forth in this Agreement; and EMPLOYEE desires to accept employment in an extra help capacity in consideration of and subject to the terms, conditions and benefits set forth in this Agreement, and
CITY and EMPLOYEE make this agreement with the mutual understanding that the appointment complies with the requirements applicable to the employment of CaPERS retirees, as codified in Government Code sections 7522.56 and 21224.
EMPLOYEE represents that she is a retired annuitant of CaPERS within the meaning of Government Code §§ 7522.56 and 21224 ("Statutes") and acknowledges that her compensation is statutorily limited as provided in Government Code § 21224.
EMPLOYEE represents that, as of the effective date of this Agreement, she has not worked for another CaPERS state or contracting agency as a retired annuitant during the CITY's 2025-2026 fiscal year, and that she therefore acknowledges that she can work up to 960 hours for the CITY, a state agency or other CaPERS contracting agencies (collectively "CaPERS Agencies") during CITY's 2025-2026 fiscal year. EMPLOYEE represents that she has not received unemployment compensation from any CaPERS Agencies during the 12-month period preceding the effective date of this Agreement.
EMPLOYEE further represents that her CaPERS retirement date became effective more than 60 days prior to the effective date of this Agreement, and she was not offered employment from CITY or another CaPERS employer prior to her retirement, and EMPLOYEE acknowledges that she has been retired for less than the required 180-day period preceding the effective date of this Agreement and therefore the City Council of CITY must approve an exception to the 180 days wait based on the finding that her appointment is necessary to fill a critical role sooner than 180 days; and D, CITY has determined that it is necessary to hire EMPLOYEE, a retired annuitant, because extensive knowledge and skills in municipal Human Resources are necessary to assist the Human Resources Department with critical projects and high- priority assignments essential to departmental operations, and EMPLOYEE, by virtue of her experience, has those special skills.
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NOW, THEREFORE, CITY and EMPLOYEE, in consideration of the mutual covenants and agreements herein contained, agree as follows:
1. APPOINTMENT OF EMPLOYEE.
EMPLOYEE shall be appointed as to perform extra help for the City Manager or his designee under the terms of this Agreement.
POSITION AND DUTIES. The City Manager hereby agrees to appoint EMPLOYEE to perform the duties and functions set forth below, and to perform other legally permissible duties and such functions as the City Manager or his designee shall assign from time to time.
TERM. TERMINATION AND AT-WILL STATUS.
This Agreement shall become effective upon the date executed both by EMPLOYEE and the City Manager, which date shall be the date first referenced above.
EMPLOYEE shall commence the performance of her duties under this Agreement on October 1, 2025, or at such later date as the parties hereto shall agree in writing ("Commencement Date"). This Agreement shall expire as of the first of the following to occur: (i) October 1, 2026; (i) upon EMPLOYEE working her 960th hour for the City during fiscal year 2026 or her 960th hour in any subsequent fiscal year; or (iii) upon termination of the Agreement by either EMPLOYEE or CITY as provided below.
EMPLOYEE acknowledges that she is an at-will, temporary employee of CITY who shall serve at the pleasure of the City Manager at all times during the period of her service hereunder and shall be subject to termination by City Manager at any time without advance notice and without cause. The terms of CITY's personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City personnel (collectively "Personnel Policies"), as they may be amended or supplemented from time to time, do not modify this specific agreement to at-will employment, and nothing in this Agreement is intended to, or does, confer upon EMPLOYEE any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Manager to terminate her employment. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of EMPLOYEE and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of EMPLOYEE to resign at any time from this position with CITY.
4. COMPENSATION. The CITY agrees to provide the following compensation to EMPLOYEE for the services listed in this Agreement:
CITY agrees to pay EMPLOYEE for services rendered under this Agreement the hourly rate of $50.00, which is within the range of pay for a Human Resources Manager on the City's publicly approved Pay Schedule. EMPLOYEE will be performing duties comparable to those of the Human Resources Manager. The City shall not pay for leave, nor shall EMPLOYEE be entitled to any other fringe benefits.
5. NOTICE. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified or by delivery of same to the custody of the -2-
United States Postal Service, or its lawful successor, postage prepared and addressed as follows:
CITY
City of Calexico
608 Heber Avenue
Calexico, CA 92231
Attention: City Manager
EMPLOYEE
Lydia Hernandez
adequately perform his duties pursuant to this Agreement. The parties anticipate that HOURS OF WORK. EMPLOYEE shall devote the time necessary to EMPLOYEE will work a sufficient number of hours per week allocated between regular business hours and hours outside of regular business hours including, without limitation, attendance at regular and special City Council meetings, community events and other CITY functions as the City Manager may direct. However, in no event shall EMPLOYEE be required to work in excess of 960 hours in fiscal year 2025-2026 and 960 hours per each subsequent fiscal year for CITY, including hours worked for other CaPERS Agencies during such fiscal years.
It is the intent of the parties to compensate EMPLOYEE only to the extent permitted under the Statutes and corresponding CaPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CalPERS and is calculated by taking less than the hourly rate based on the maximum monthly base salary paid to employees performing similar duties as listed on a publicly available pay schedule for such employees. The compensation for comparable duties is $91,889.62 - $111,692.26 annually divided by 12 months, divided by 173.333 to equal an hourly rate of $44.178 - $53.698. The EMPLOYEE shall not be entitled to any additional compensation or benefits.
7. COMPLIANCE WITH RESTRICTIONS ON RETIRED ANNUITANT
EMPLOYMENT. EMPLOYEE agrees she will comply with all applicable CaPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for CITY to CaPERS as may be required. CITY shall assist in any such reporting obligations to CaPERS. Additionally, EMPLOYEE shall keep CITY continually apprised of any hours worked by EMPLOYEE for other CaPERS Agencies during the term of this Agreement. By executing this agreement, EMPLOYEE is, in good faith, determining that her appointment meets each of the foregoing requirements, including the unemployment insurance requirement noted, above. While CITY is not in a position to do so, by signing this agreement EMPLOYEE is certifying that EMPLOYEE has not received unemployment insurance payments within the past 12 months arising from work performed as a retiree for any public employer. Further, by signing this agreement, EMPLOYEE is confirming that she did not have a verbal or written agreement -3-
to return to work as a retired annuitant with any CaPERS employer before she retired and has been retired for more than 60 days ("bona fide separation").
Notwithstanding the above, CITY has no way of monitoring the hours that EMPLOYEE works for another CaPERS employer. As such, it is EMPLOYEE's responsibility to ensure that the total hours worked for CITY and any other CaPERS employer do not exceed 960 hours during the fiscal year. CITY's understanding is that EMPLOYEE has not worked for any other CaPERS employer this fiscal year and will not do so during her employment with CITY
WAIVER. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.
ENTIRE AGREEMENT. This Agreement sets forth the entire Agreement between the parties hereto and fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof.
10. SEVERABILITY. The parties agree that should any provision of this Agreement be declared illegal or invalid by decision of any court of law or administrative agency, all other severable provisions of this Agreement shall nevertheless remain in full force and effect.
COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterpart when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same agreement.
13. RECITALS. The parties agree that the Recitals to this Agreement are true and correct and are incorporated into this Agreement as if set forth here. -4-
SIGNATURE PAGE TO AGREEMENT FOR
EXTRA HELP SERVICES
CITY OF CALEXICO EMPLOYEE
By: - By:_
Diana Nuricumbo
Mayor
ATTEST
By:
City Clerk
APPROVED AS TO FORM:
By:_
Best Best & Krieger LLP
City Attorney
ATTACHMENT NO. 3
BUDGET AMENDMENT RESOLUTION NO. 2025 -
BUDGET AMENDMENT RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CALEXICO AUTHORIZING AN AMENDMENT
TO THE FINAL BUDGET FOR FISCAL YEAR 2025 - 2026
WHEREAS, the Final Budget for Fiscal Year 2025-2026 was adopted by Resolution No. 2025 - 44 of the City Council on June 30, 2025; and
WHEREAS , the City Council has authorized the amendment of the Final Budget, in accordance with proper governmental accounting and financial reporting practices; and NOW THEREFORE, the City Council of the City of Calexico hereby resolves and authorizes the following actions)
AMENDMENTS TO ADOPTED BUDGET:
1) Record Revenue Estimates(s)
Fund No. Department Division Account Sub-Account Amount Total $
2) Record Appropriation(s)
Fund No. Department | Division Account Sub-Account Amount Total $
3) Record Transfer of Funds:
FROM:
Fund No. Department Division Account Sub-Account Amount 255 91 908 56000 002 $51,700.00
Total $ 51,700.00
TO:
Fund No. Department Division Account Sub-Account Amount 255 91 927 56000 030 $51,700.00
Total $ $1,700.00
4)Purpose of Budget Amendment:
Reallocation of ARPA funding from Local Assessment Center to Human Resources Extra Help.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Calexico at the regular meeting this 1st day of October, 2025.
DIANA NURICUMBO, MAYOR
ATTEST:
VERONICA L. ALVARADO, City Clerk
APPROVED AS TO FORMS;
CARLOS CAMPOS, City Attorney
STATE OF CALIFORNIA)
CITY OF CALEXICO ) SS.
COUNTY OF IMPERIAL)
1, Veronica Alvarado, City Clerk of the City of Calexico, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 2025-_ - was duly adopted by the City Council at their regular meeting of said City Council held on the ist day of October, 2025 by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
VERONICA L. ALVARADO, City Clerk
City of Calexico