Res
olution 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, William H. Kershaw (SSN XXX- XX-XXXX) retired from the City of Costa Mesa in the position of Battalion Chief effective September 9, 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 March 8, 2026, 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 o f Costa Mesa and William H. Kershaw certify that William H. Kershaw has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council hereby appoints William H. Kershaw as an extra help retired annuitant to perform the duties of the Battalion Chief for the City of Costa Mesa under Gov. Code section 21224 effective September 21, 2025; and WHEREAS, the entire employment agreement, contract or appointment document between William H. Kershaw and the City of Costa Mesa 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
Attachment 1
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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 $16,418 per month and the hourly equivalent is $94.72, and the minimum base salary for this position is $12,251 per month and the hourly equivalent is $70.68; and
WHEREAS, the hourly rate paid to William H. Kershaw will be $94.72; and WHEREAS, William H. Kershaw 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 William H. Kershaw 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 Battalion Chief for the City of Costa Mesa by September 21, 2025 because of critical needs related to the City Fire and Rescue Department’s Computer Aided Dispatch (CAD)/Records Management System (RMS) integration and updates, accreditation processes, radio frequency templates and programming support and the Emergency Communications Center (ECC/Dispatch) transition and integration.
PASSED AND ADOPTED this 16th day of September, 2025.
_____________________________
John Stephens, Mayor
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ATTEST: APPROVED AS TO FORM:
________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney
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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 16th day of September, 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 17
th day of September, 2025.
___________________________
Brenda Green, City Clerk