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File #: 25-302 Meeting Date: 6/3/2025
In March of 2024, the Los Angeles Chargers confirmed they would not be utilizing the City’sComplex to conduct its 2024 Summer Training Camp. The City entered into a 1-year Use Agreement with the Las Vegas Raiders to conduct their annual Summer Training Camp at the Complex at an annual cost of $165,000. The Raiders also made significant investments into the fields to bring them to NFL standards, among other community benefits.
In March of 2025, the Los Angeles Chargers confirmed they would not be utilizing the City’sComplex to conduct its 2025 Summer Training Camp. As the Chargers organization has an Agreement with the City for use of the Complex through 2026, if they choose to exercise the option, the City can only enter into a one-year Use Agreement with another sports team at this time.
ANALYSIS:
The proposed Use Agreement (Attachment 1) outlines the terms and conditions for the UCLA’suse of the Complex. The Agreement includes the following key provisions:
· Use of Fields: UCLA will have use of the Complex for a portion of its pre-season summer training camp from approximately July 30, 2025, through August 18, 2025. · Fees for Use: UCLA will pay the City $160,056 for its use of the fields which is a negotiated one-year price based on field use rates and the level of community benefits (itemized below), as well as the overall economic benefit to the local community. · Community Benefits: In addition to the field use rate, UCLA has agreed to the following community benefits:
· Two youth camps for local children (ages 6-14), exclusively for residents of Costa Mesa.
· 500 tickets (250 per game) to the City of Costa Mesa for two UCLA home games in the 2025 season
· Training Camp: UCLA would be allowed to utilize the Complex to support practices during the camp. Details of the training camp dates, and all related information will be coordinated through the City’sSpecial Events Permitting process, as with all major events at the City. The City will work closely with the community, neighborhoods surrounding the Complex, and other community institutions and partners as needed in the discussions of parking, traffic, and other impacts to ensure that parking and traffic needs continue to operate as smoothly as possible.
UCLA will be responsible for the costs related to the development and implementation of all plans and for the rental of necessary equipment. Any requested public safety (Police and Fire) or other City staff necessary to support security, traffic/parking management, or any other activity will be charged per the City’s event rate schedule.
In addition to the community benefits outlined above, the City will also reap the overall economic benefits from increased hotel stays and multiplier effects from a collegiate football organization, thereby increasing the City’s hotel and sales tax revenues.
Since the fields at the Jack Hammett Sports Complex are not used and instead are refurbished during the summer months, no youth sports teams will be displaced during the Training Camp period.
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File #: 25-302 Meeting Date: 6/3/2025
ALTERNATIVES:
The City Council may elect not to authorize this use agreement. There are no other considerations for alternatives, as no other city facilities could adequately accommodate this use.
FISCAL REVIEW:
The proposed Use Agreement with UCLA for the rental of the City's Jack Hammett Sports Complex for a portion of their annual summer training camp, and related events, would provide the City $160,056 in revenue for the duration of use, and other community benefits. The revenue from this agreement would be deposited into the Jack Hammet Sports Complex Capital Improvement Fund (Fund 417) for future improvements at the Complex, benefitting the Costa Mesa community and youth sports groups that regularly use the facility.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Agreement as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following City Council Goal:
· Improve the Quality of Life
· Achieve Long-Term Fiscal Sustainability
CONCLUSION:
Staff recommends the City Council approve and authorize the City Manager to execute a Use Agreement for the City's Jack Hammett Sports Complex for a portion of UCLA’s 2025 Summer Training Camp and related community benefits.
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USE AGREEMENT FOR
JACK HAMMETT SPORTS COMPLEX
This Use Agreement (“Agreement”) is between the City of Costa Mesa, a California municipal corporation (“City”) and the Regents of the University of California, by and on behalf of its Los Angeles campus (“UCLA”). The City and UCLA are sometimes referred to herein individually as a “Party” and collectively as the “Parties” to this Agreement.
WHEREAS, C ity owns and operates the recreational fields property located at 2750 Fairview Road, Costa Mesa California, 92626, also referred to as Jack Hammett Sports Complex as more particularly described in Exhibit A (referred to herein as the “Property” or “Jack Hammett Sports Complex”), which has several fields, including Fields 3, 4, 5 and 6 as more particularly depicted in Exhibit A; and
WHEREAS, UCLA is a nationally ranked public university known for its extensive community involvement and the City welcomes UCLA to the City; and WHEREAS, UCLA desires to operate a portion of their 2025 preseason training camp at the Jack Hammett Sports Complex; and
WHEREAS, the Parties agree that UCLA may utilize the Property for its training camp and related community events subject to the terms and conditions as set forth herein.
Now, therefore, in consideration of the mutual promises contained in this Agreement, the City and UCLA agree as follows:
I. TERM. The term of this Agreement is for the 2025 pre-season during the Training Camp Maintenance and Training Camp Use periods as described more particularly in Section II of this Agreement.
II. P
ERIODS FOR USE OF THE PROPERTY.
A. T
RAINING CAMP. UCLA shall have the option for the exclusive use of Fields 3, 4, 5 and 6 during the 2025 pre-season to conduct its preseason training camp and related community events (“Training Camp Use Period”). The parties recognize that the specific dates and lengths of time associated with the Training Camp Use Period in 2025 may vary; however, it is understood that training camp will commence on approximately July 30, 2025 and end on August 18, 2025. It is understood the Use Period may vary for future years. The precise dates for these periods shall be agreed upon by the representatives of the Parties and shall be memorialized in an amendment to this Agreement, which amendment may be executed by the signatories hereto without further approval of the Parties’ governing bodies.
B. T
RAINING CAMP MAINTENANCE. In addition, UCLA shall have the option for an exclusive right of access and use of Fields 3 through 6 at the Property for a period commencing on July 23, 2025 to the commencement date of the Training ATTACHMENT 1
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Camp Use Period (this period being the “Training Camp Maintenance Period”), at which time, UCLA shall have exclusive access to maintain and/or repair Fields 3 through 6 as needed to hold the Training Camp and all related community events. As used in this Agreement, the term “exclusive” shall not be interpreted to preclude the City, as owner of the property, including its designees, from accessing the Fields for any purpose, including but not limited to, general maintenance and upkeep purposes including the City Maintenance (defined below). City will make the best efforts to coordinate all maintenance activities and access to fields with UCLA so that such access shall not materially interfere with UCLA’s permitted use of the fields. The costs incurred in maintaining Fields 3 through 6 during the Training Camp Maintenance Period, or at any other time shall hereinafter be referred to as “Maintenance Costs,” and shall be the sole responsibility of UCLA. UCLA’s exclusive access to Fields 3 through 6 during the Training Camp Maintenance Period shall include the right to maintain UCLA’s own security personnel on site for the protection of the fields.
C. FUTURE USE. UCLA must submit a Letter of Interest (LOI) to notify City of any interest in utilizing the fields, if available, in 2026, by January 1, 2026. The City does not guarantee availability for any future years outside of this Agreement term as the City is still under contract with the Los Angeles Chargers through August 2026. This information is requested for planning purposes in the event the fields are made available.
III. USE OF PROPERTY DURING EXCLUSIVE USE PERIODS.
A. GENERAL PROVISIONS. Whenever UCLA has a right to use the Property or any fields under this Agreement, UCLA shall have the exclusive rights to use and may use the fields for football training purposes and incidental uses thereto, including but not limited to the preparation for pre-season training and the set up and break down of training and field equipment, subject to the Management Plan submitted by UCLA and conditions required by the City as set forth in the Special Event permit to be submitted by UCLA. UCLA shall have the obligation to maintain those fields beyond the City’s basic maintenance (“City Maintenance”), and shall be solely responsible for all Maintenance Costs , should UCLA determine that additional maintenance is required beyond the City Maintenance.
The parties shall coordinate whenever planning or performing maintenance. In no event shall City allow for the building of permanent structures or improvements on any of the fields during the Term of this Agreement; provided, however, City may allow temporary structures or improvements to be placed on and adjacent to the fields, such as temporary restrooms or grandstands, when such temporary structures or improvements are consistent with the uses of the Property pursuant to this Agreement and do not result in permanent damage or destruction to the quality of the fields.
B. MAINTENANCE COSTS. UCLA shall have the obligation to pay all costs and expenses relating to the preparation for the use periods including any approved 446
temporary improvements, except for any City Maintenance . In addition, for the Term of this Agreement, UCLA shall be responsible for all M aintenance Costs related to Fields 3 through 6 beyond the City Maintenance.
IV. USAGE RENT AND COMMUNITY CONTRIBUTIONS.
A. USAGE RENT TO CITY. In exchange for UCLA’s use of those facilities specified in this Agreement for the 2025 Training Camp, UCLA agrees to pay City usage rent (“Usage Rent”) in the amount of one hundred and sixty thousand and fifty-six dollars ($160,056), subject to the conditions below:
• No payments shall be made until (i) the City has been fully set up as a vendor in UCLA’s payment system, and (ii) UCLA has received an official invoice from the City.
• Following receipt of each official invoice, UCLA shall have up to sixty (60) days to process and issue payment.
• Usage Rent schedule shall be as follows:
• 25% deposit due upon contract execution and receipt of official invoice, with payment processed within 60 days, provided vendor setup is complete.
• 50% due on July 1, 2025, contingent on receipt of invoic e with payment processed within 60 days.
• 25% final payment due by August 31, 2025, contingent on receipt of invoice, with payment processed within 60 days.
B. COMMUNITY CONTRIBUTIONS. In addition to the payments associated with Maintenance Costs and Usage Rent, UCLA shall make the following community contributions (“Community Contributions”):
• UCLA Training Camp. While the majority of UCLA’s training camp practices may be closed to the general public, UCLA shall host not less than two open practices exclusively for youth in the City, allowing local children to attend and experience the training sessions, provided UCLA shall determine the maximum number of attendees based on operational and staffing availability. The Training Camp shall be free of charge for all youth attendees. All scheduling, activities, content, UCLA personnel appearances, marketing, and media coverage for the Training Camp shall be determined at the sole discretion of UCLA. UCLA may require all attendees to review and sign a waiver form consistent with UCLA’s practices and procedures prior to participating in the Training Camp.
• Equipment Donation. At the conclusion of the Training Camp, UCLA will donate practice field equipment , as identified and approved by UCLA, to Costa Mesa middle and high schools to support their sports and recreation programs.
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• Ticket Donation. UCLA shall donate five hundred (500) tickets (250 per game) to the City for two UCLA home games in the 2025 season as determined by UCLA.
• Youth Camps. UCLA will host two youth camps for local children (ages 6- 14), exclusively for residents of Costa Mesa.
• Cooperation with City. UCLA will collaborate with the City to coordinate the use of the football fields, UCLA’s schedule will be planned in full cooperation with the City to ensure clarity and efficiency in facility use.
• Maintenance and repair of Fields. In addition to the maintenance obligations set forth in Sections II. and III., above, UCLA will provide the City with a payment of twenty-five thousand dollars ($25,000) to assist with field repairs upon completion of the Training Camp, following receipt of official invoice, with payment processed by UCLA within 60 days of receipt of the invoice.
C. Costs. City shall not pay for, nor have any obligation to pay, in whole or in part with public funds any of the Maintenance Costs. No later than September 1, 2025 or by such date as mutually agreed date to by Parties, UCLA shall be responsible for all work and costs required to restore the Property back to its condition prior to the Training Camp Use and Maintenance Periods , following the Training Camp Use Period. Following the Training Camp Use Period, the parties will perform an on-site walk through of the Property on a mutually agreed upon date to determine whether any additional maintenance and repairs are required by UCLA to restore the field to its condition prior to the Training Camp Use and Maintenance Periods.
UCLA’s payment of any further maintenance and/or repair costs shall be contingent upon receipt of an official invoice from the City, accompanied by appropriate supporting documentation including itemized receipts, invoices, and/or quotes detailing the work to be performed and associated expenses.
V. CONFLICT OF INTEREST. UCLA affirms that, to the best of UCLA’s knowledge, there exists no actual or potential conflicts of interest between the parties, including the financial interests of their officers, agents, or employees. Any question regarding a possible conflict of interest will be raised between the parties.
VI. COOPERATION. City and UCLA shall cooperate in the event of any legal action or claim made by a third party that may result from activities relating to the performance of this Agreement.
VII. COMPLIANCE. City and UCLA agree to comply with all applicable federal, state, and local laws, regulations, and codes in the performance of this Agreement. UCLA and City expressly agree and acknowledge that the terms of this Agreement may be modified to the extent any provision of the NCAA and/or Big Ten Conference requires such a modification in order to make this Agreement comply with any new bylaws, 448
regulations, or rules (collectively, the “Rules”) established after the Agreement is executed or any new interpretations or clarifications issued by the NCAA and/or Big Ten Conference for the Rules, which are existing as of the date of this Agreement .
Without limiting the generality of the foregoing, UCLA shall have the right to terminate this Agreement without penalty upon written notice to City at any time if this Agreement is then prohibited by new bylaws, regulations, or rules, provided, however, that the requirements of Sections III.C. (Maintenance Costs), and XI. (Indemnification), shall survive termination of the Agreement.
VIII. FORCE MAJEURE . City and UCLA shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective, reasonable control (“Force Majeure Event”), including, without limitation:
fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government (other than City, unless City action is consistent with this Agreement and generally applicable laws); labor unrest, including without limitation, strikes, slowdowns, picketing or boycotts ; inability to secure materials and supplies, transportation facilities, fuel or energy shortages, or acts or omissions of others. If a Party is prevented from performing its material obligations under this Agreement due to a Force Majeure Event, the Parties shall discuss, in good faith, rescheduling the affected dates of the Training Camp Maintenance and/or Use Period, as applicable, to a later mutually agreed upon date(s).
If the Parties are unable to mutually agree on a later rescheduled date(s), either Party shall have the right to terminate this Agreement without penalty and without any further obligations. In the event of such termination, UCLA shall be entitled to a refund pro rata, of any pre -paid Usage Rent (as set forth under Section IV.A) or other upfront payments made by UCLA based on the proportion of days in which UCLA actually used the Property during the Training Camp Use Period prior to the termination.
IX. ASSIGNMENT. The obligations of the parties pursuant to this Agreement shall not be assigned without the prior written consent of the parties.
X. PUBLIC RECORDS AND CONFIDENTIALITY.
A. UCLA understands that City is subject to the California Public Records Act and this Agreement constitutes a public record of a type that is generally required to be disclosed upon request.
B. It is agreed that UCLA shall disclose only information necessary for City to provide the facilities and services contemplated by this Agreement and, if any such information is considered confidential, it shall be clearly marked “Confidential Information” and sent by UCLA in writing only to City (as specified below) or orally disclosed to City and reduced to writing by UCLA within an appropriate time period as reasonably required by the City or otherwise required by law. City shall inform its employees that Confidential Information shall not be used or disclosed to others except in furtherance of this Agreement 449
unless Confidential Information: (i) is or shall have been known to City before its receipt thereof; (ii) is disclosed to City by a third party; (iii) is or shall have become known to the public through no fault of City; or (iv) is required by law to be disclosed.
C. During and subsequent to the term of this Agreement, no publicity, advertisement, media release or other public announcement related to this Agreement or the subject matter hereof, including without limitation, reference to UCLA or its trademarks or products or services, in connection with this Agreement, will be made without UCLA’s prior written consent.
XI. INDEMNIFICATION.
A. Except as otherwise limited herein, C ity shall defend indemnify and hold harmless UCLA and each of their officers, and employees, agents from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damage are caused by or result from the negligent or intentional acts or omissions of City , their/its officers, employees, or agents.
B. Except as otherwise limited herein, UCLA shall defend , indemnify and hold harmless City and their/its officers, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense (including reasonable attorneys’ fees), or claims for injury or damage are caused by or result from the negligent or intentional acts or omissions of UCLA or their/its officers, employees, or agents.
C. Neither termination of this Agreement nor completion of the acts to be performed under this Agreement shall release any Party from its obligation to indemnify as to any claims or cause of action asserted so long as the event(s) upon which such claim or cause of action is predicated shall have occurred prior to the effective date of termination or completion.
XII. INSURANCE.
A. UCLA shall obtain, maintain, and keep in full force and effect during any and all Training Camp Use Periods, and Training Camp Maintenance Periods, all of the following minimum scope of insurance coverages with a program of self - insurance or an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent AM Best’s Insurance Rating Guide, and approved by City:
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1. Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than five million dollars ($5,000,000.00), combined single limits, per occurrence and no less than ten million dollars ($10,000,000.00) general aggregate limit. For the year 2025, the above insurance shall cover the period beginning within two (2) weeks of execution of this Agreement. The insurance shall have a retroactive date of placement prior to or coinciding with the commencement of the Term of this Agreement.
2. Business automobile liability for owned vehicles (if any), hired, and non- owned vehicles, with a policy limit of not less than Ten Million Dollars ($10,000,000.00), combined single limits, per occurrence for bodily injury and property damage.
3. Property Insurance, Fire and Extended Coverage Form in an amount sufficient to reimburse UCLA for all of its equipment, trade fixtures, inventory, fixtures, and other personal property located on or in the Property.
4. Workers’ Compensation as required by California law.
5. Such other insurance in such amounts which from time to time may be reasonably required by the mutual written consent of C ity and UCLA against other insurable risks relating to performance.
B. UCLA agree that the commercial general liability insurance policy and business automobile liability policy will abide by the following parameters :
1. The C ity of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are added as an additional covered party with respect to liability arising out of this Agreement.
2. Said that all policies required under this Agreement shall not terminate, be suspended, or voided, nor shall it be cancelled nor the coverage or limits reduced, until thirty (30) days after written notice is given to C ity. For the avoidance of doubt, any notice of a reduction in coverage may come from UCLA and not from UCLA’s insurance carrier.
3. UCLA’s insurance coverage shall be primary insurance as respects the City and its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy. 451
4. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City and its officers, officials, agents, employees, and volunteers.
5. The City’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
C. DEDUCTIBLE OR SELF -INSURED RETENTION. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
D. CERTIFICATES OF INSURANCE. UCLA shall provide to City certificates of insurance showing the insurance coverages described above prior to the commencement of a Training Camp Maintenance Period.
E. NON-LIMITING. Nothing in this Section shall be construed as limiting in any way; the indemnification provision contained in this Agreement.
XIII. COSTS OF IMPROVEMENTS . UCLA has been alerted to the requirements of California Labor Code section 1770, et seq ., which require the payment of prevailing wage rates and the performance of other requirements if it is determined that improvements made to the Property related to this Agreement constitute public works.
It shall be the sole responsibility of UCLA to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, UCLA agree to assume all risk of liability arising from any decision not to pay prevailing wages for work related to this Agreement.
XIV. WAIVER OF SUBROGATION. UCLA hereby waives any right of recovery against City due to loss of or damage to the property of UCLA, when such loss of or damage to property arises out of an act of God or any of the property perils included in the classification of fire or extended perils (“all risk” as such term is used in the insurance industry) whether or not such perils have been i nsured, self-insured, or non- insured; provided however, UCLA does not waive the right of subrogation where the loss or damage is caused by City’s gross negligence or willful misconduct.
XV. DAMAGES. Except as otherwise provided in this Agreement, UCLA shall be responsible for damages to C ity property directly resulting from UCLA’s use of the Property (or portion thereof) except for damages resulting from acts of God or by City or its agents or employees, ordinary wear and tear excluded. As set forth in Section IV.C, the parties will perform a walk -through of the Property following the Training Camp Use Period to identify any damage for which UCLA is responsible for. In the event of damage resulting from UCLA’s use of the Property beyond what is contemplated within the maintenance amounts paid to by UCLA to the City, City shall invoice UCLA for the cost to repair such damage or restore the Property. UCLA shall 452
pay to City the invoiced charges within thirty (30) days of receipt of the invoice or such other mutually agreed upon date.
XVI. SECURITY, HEALTH, AND SAFETY.
When using City facilities:
A. UCLA shall inspect the fields to be used at the Property prior to use each day and report any material hazards or defects to City immediately.
B. If UCLA performs any “Trainer” services on site, such services shall be performed by appropriately licensed trainers or medical personnel.
C. Each Party shall comply with all federal, state, and local laws in performance of this Agreement.
D. UCLA understands that the possession, use and sale of alcohol on the City campus is governed by City Alcohol Policy and California state law. UCLA agrees to comply with such policy and laws while on City property.
XVII. NOTICE. Whenever any notice is to be given hereunder, it shall be in writing and shall be deemed received, if delivered by courier on a business day, on the day delivered, or on the second business day following mailing, if sent by first -class mail, postage prepaid, or if by e -mail, on the date delivered if there is a confirmation of receipt received by the sending Party, to the following addresses:
To City: Cecilia Gallardo-Daly, Acting City Manager
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
e-mail: [email protected]
To City Attorney: Jones Mayer
Kimberly Hall Barlow, City Attorney
3777 N. Harbor Blvd.
Fullerton, CA 92835
e-mail: [email protected]
To UCLA: Erin Adkins
Department of Intercollegiate Athletics
J.D. Morgan Center
PO Box 24044
Los Angeles, CA 90024
e-mail: [email protected]
To UCLA’s Attorney: UCLA Legal Affairs
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405 Hilgard Avenue
3149 Murphy Hall
Los Angeles, CA 90095
XVIII. SEVERABILITY. If any term, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired, or invalidated in any way.
XIX. NON-WAIVER. Waiver or non- enforcement by either P arty of a term or condition shall not constitute a waiver or non- enforcement of any other term or condition or of any subsequent breach of the same or similar term or condition.
XX. NO THIRD-PARTY RIGHTS. Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.
XXI. DISPUTE RESOLUTION . Any dispute arising regarding the interpretation or implementation of this Agreement, including any claims for breach of this Agreement, shall be resolved by submitting the claim for arbitration to JAMS in accordance with its rules and procedures applicabl e to commercial disputes. The location of any arbitration proceedings shall be Orange County, California, and any enforcement of the arbitrator’s decision shall be brought in a court of competent jurisdiction in Orange County, California.
XXII. AMENDMENTS. Any amendments to this Agreement must be made, in writing, and approved by the authorized representatives of UCLA and City.
XXIII. ENTIRE AGREEMENT. This Agreement and any exhibits attached hereto constitute the entire agreement between the parties to it and supersede any prior understanding or agreement with respect to the subject contemplated and may be amended only by written amendment executed by both parties to this Agreement.
XXIV. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of California without regard to its conflicts of laws rules.
ACKNOWLEDGED AND ACCEPTED BY:
City of Costa Mesa
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_______________________________________ ______________ Name: Date
Title:
APPROVED AS TO FORM:
_______________________________________ ______________ Kimberly Hall Barlow, City Attorney Date
UCLA
_______________________________________ ______________ Signature: Date
Name:
Title:
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EXHIBIT A
JACK HAMMETT SPORTS COMPLEX
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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-315 Meeting Date: 6/3/2025
TITLE:
RESOLUTION FOR EXCEPTION TO THE 180-DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224, FOR THE REHIRE OF FINANCE
OFFICER ANNA DOLEWSKI
DEPARTMENT: CITY MANAGER’S OFFICE/HUMAN RESOURCES
PRESENTED BY: KASAMA LEE, HUMAN RESOURCES MANAGER
CONTACT INFORMATION: KASAMA LEE, HUMAN RESOURCES MANAGER (714) 754- 5169
RECOMMENDATION:
Staff recommends the City Council adopt by resolution the exception to the 180-Day Wait Period pursuant to Government Code Sections 7522.56 and 21224 (Attachment 1) to retain the services of retired Finance Officer Anna Dolewski.
BACKGROUND:
Anna Dolewski retired from the position of Finance Officer (Confidential) with the City of Costa Mesa effective May 28, 2025, after 36 years of service with the City. Her continued services are necessary due to critical needs related to the City’spayroll processing and transition to the City’snew Enterprise Resource Planning (ERP) system.
ANALYSIS:
Ms. Dolewski possesses extensive experience and provides vital services for the City’s complex payroll operations, including overseeing the Payroll section and payroll processes. In anticipation of Ms. Dolewski’sretirement, the Human Resources Division conducted a recruitment to fill the Finance Officer (Confidential) position overseeing the Payroll Section. A candidate was selected and started in May.
Ms. Dolewski’scontinued services are imperative for the continuity of operations in the City’spayroll processes. She will assist with the transition and training of her replacement. Ms. Dolewski will also be able to assist with other special projects including the implementation of newly negotiated labor contracts, functioning as a subject matter expert in the transition to the City’s new Enterprise Resource Planning (ERP) system, and assisting with any backlog of payroll related reconciliations, reviews and adjustments as needed.
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File #: 25-315 Meeting Date: 6/3/2025
Section 7522.56 of the Government Code requires that post-retirement employment commence no earlier than 180 days after the retirement date; however, a public agency may hire a retired annuitant prior to the expiration of the 180 days following his/her retirement if the nature of the employment and the appointment is necessary to fill a critically needed position before 180 days have passed.
This appointment is limited to 960 hours per fiscal year, and 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. This appointment does not include any other benefit, incentive, or compensation in lieu of benefits or other form of compensation in addition to an hourly rate.
This temporary assignment complies with the CalPERS guidelines regarding retired annuitants.
ALTERNATIVES:
Do not approve the recommended action(s) and direct staff accordingly. However, staff does not recommend this action as it would have significant impacts to the continuity of operations with an extremely complex payroll system and process. Additionally, Ms. Dolewski’sbreadth and depth of experience in the City’sintricate payroll system is vital for the smooth transition to the City’snew ERP system.
FISCAL REVIEW:
The hourly rate paid will be $73.77. No other benefits will be provided. The salary falls within the base salary range for the position of Finance Officer (Confidential) and complies with the CalPERS guidelines regarding retired annuitants. It is anticipated that Ms. Dolewski will work 20-30 hours per week but no more than 960 hours per fiscal year. Should she work up to the 960-hour limitation during the fiscal year, her maximum earnings would be $70,819. Funding for Ms. Dolewski’s appointment is available in the Finance Departments Operating budget.
LEGAL REVIEW:
The attached resolution has been reviewed by the City Attorney’s Office and approved as to form CITY COUNCIL GOALS AND PRIORITIES:
This item supports the City’s Strategic Plan Goals to Recruit and Retain High Quality Employees.
CONCLUSION:
Staff recommends that the City Council adopt resolution No. 2025-XX, granting an exception to the 180-day wait period pursuant to Government Code Sections 7522.56 and 21224.
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Resolution No. 2025-xx Page 1 of 4
RESOLUTION NO. 2025-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FOR AN EXCEPTION TO THE 180-DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21224
T
HE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City Council of the City of Costa Mesa must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and
WHEREAS, Anna I. Dolewski (SSN XXX-XX-XXXX) retired from the City of Costa Mesa in the position of Finance Officer (Confidential) effective May 28, 2025; and WHEREAS, Gov. Code Section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is November 25, 2025, without this certification resolution; 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 City Council, the City of Costa Mesa and Anna I. Dolewski certify that Anna Dolewski has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council hereby appoints Anna I. Dolewski as an extra hel p retired annuitant to perform the duties of the Finance Officer (Confidential) for the City of Costa Mesa under Gov. Code section 21224 effective June 4, 2025; and WHEREAS, the entire employment agreement, contract or appointment document between Anna I. Dolewski and the City of Costa Mesa has been reviewed by this body and is attached hereto; 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
Attachment 1
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Resolution No. 2025-xx Page 2 of 4
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 $1 2,787 per month and the hourly equivalent is $7 3.77, and the minimum base salary for this position is $9,542 per month and the hourly equivalent is $55.05; and
WHEREAS, the hourly rate paid to Anna I. Dolewski will be $73.77; and WHEREAS, Anna I. Dolewski 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:
SECTION 1. The City Council of the City of Costa Mesa hereby certifies the nature of the appointment of Anna I. Dolewski as described herein and detailed in the attached employment agreement /contract/appointment document and that this appointment is necessary to fill the critically needed position of Finance Officer (Confidential) for the City of Costa Mesa by June 4, 2025 because of critical needs related to the City’s payroll processing and transition to the City’s new Enterprise Resource Planning (ERP) system .
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Resolution No. 2025-xx Page 3 of 4
PASSED AND ADOPTED this 3rd day of June, 2025.
_____________________________
John Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
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Resolution No. 2025-xx Page 4 of 4
THIS PAGE IS RESERVED FOR THE CITY CLERK’S OFFICE.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2025-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 3
rd day of June, 2025, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 4
th day of June, 2025.
___________________________
Brenda Green, City Clerk
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Attachment 2
May 29, 2025
Dear Anna Dolewski,
I am happy to confirm the City of Costa Mesa’s conditional job offer as a Retired Annuitant in the position of Finance Officer (Confidential). This offer is conditional upon City Council approval.
Your agreed upon salary is $73.77 per hour. This is a non-benefitted part-time position. As a CalPERS retired annuitant, you are limited to working 960 hours in a fiscal year. Your temporary employment will commence on June 4, 2025 and end at the earliest of:
• End of fiscal year 2025/2026 (may be extended upon Department needs) • Your completion of 960 hours in a fiscal year
• The completion of special projects in the Finance Department including:
• Training of the new Finance Officer in Payroll
• Assisting with implementation of newly negotiated labor contracts • Functioning as a subject matter expert and assisting with the transition to the new Enterprise Resource Planning (ERP) system
• Assisting with backlog of payroll related reconciliations, reviews and adjustments as needed • Assisting with related specialist projects as needed
If you have any questions about the above, please feel free to contact me at (714) 754-5169.
Sincerely,
Kasama Lee
Human Resources Manager
I acknowledge receipt of the above and agree to its terms.
____________________________ ________________________ Anna Dolewski Date
c. Carol Molina, Finance Director
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