January 16, 2024, Item #8
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On _________ , before me, _____________ , Notary Public, personally appeared _______________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
14 of 20 Page 11
January 16, 2024, Item #8
CONSENT OF OWNER
The undersigned, as the owner of all or a portion of the property subject to this Agreement hereby consents to the recordation of this Agreement.
Shultz Real Estate LLC,
a California limited liability company
By: ____________ _
Name: --------------
Title: _____________ _
15 of 20 Page 12
January 16, 2024, Item #8
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Diego
On _________ , before me, _____________ , Notary Public, personally appeared ______________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
16 of 20 Page 13
January 16, 2024, Item #8
EXHIBIT
A
LEGAL
DESCRIPTION
OF
PROJECT
PROPERTY
The
Project
Property
is
situated
in
the
State
of
California,
County
of
San
Diego,
City
of
Poway
and
described
as
follows:
APN:
317-810-19-00
and
317-810-37-00
Parcel
A:
Lot
42 of
City
of
Poway
Tract
No.
87-13,
Unit
No
. 1,
in
the
City
of
Poway
, County
of
San
Diego,
State
of
California,
according
to
Map
thereof
No
. 12556
filed
in
the
Office
of
the
County
Recorder
of
San
Diego
County,
February
8,
1990.
Parcel
B:
Lots
52,
53 and
54 of
City
of
Poway
Tract
No.
87-13
, Unit
No.
1,
in
the
City
of
Poway,
County
of
San
Diego,
State
of
California,
according
to
Map
thereof
No.
12556,
filed
in
the
Office
of
the
County
Recorder
of
San
Diego
County
17 of
20 January 16, 2024, Item #8
EXHIBIT B
LEGAL DESCRIPTION AND DEPICTION OF ENCROACHMENT AREA
LEGAL DESCRIPTION AND
DEPICTION OF ENCROACHMENT
POME BESS LLC
A DELAWARE LIMITED LIABILITY COMPANY
LOT 47 & P/0 LOT 48
TRACT NO. 87-13, UNIT NO. 1
PER MAP NO. 12556, DATED FEB. 8, 1990
CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA
SECTION 19, TOWNSHf P 14 SOUTH, RANGE 1 WEST
18 of 20
LEGAL DESCRIPTION:
VICINITY MAP
(NOT TO SCALE)
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO. CITY OF POWAY AND DESCRIBED AS FOLLOWS:
A PORTION OF BLAISDELL PLACE (CALLED 49 FEET WIDE). CITY OF POWAY TRACT 87-13 UNIT 1. ACCORDING TO MAP NO. 12556. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 8. 1990. IN THE CITY OF POWAY.
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. BEING DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT THE SOUTHWEST CORNER OF SAID LOT 47.
SAME BEING IN THE NORTH RIGHT-OF-WAY LINE OF SAID BLAISDELL PLACE:
THENCE N88"26'02"E ALONG S.I\ID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 6.01 FEET TO THE POINT OF BEGINNING AND NORTHWEST CORNER:
THENCE. NS8"26'02"E. A DISTANCE OF 30.03 FEET TO THE NORTHEAST CORNER:
THENCE. S01 "00'18"W. A DISTANCE OF 49.05 FEET TO A POINT IN THE SOUTH
RIGHT-OF-WAY LINE OF SAID BLAISDELL PLACE AND BEING THE SOUTHEAST CORNER:
THENCE. sss·2s·o2·w. ALONG SAID SOUTH RIGHT-OF-WAY LINE. A DISTANCE OF
30.03 FEET TO THE SOUTHWEST CORNER:
THENCE. N01'00'18"E. DEPARTING SAID SOUTH RIGHT-OF-WAY LINE. A DISTANCE OF 49.05 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED.
AND CONTAINING 1.471 SQUARE FEET OR 0.0338 ACRE. MORE OR LESS.
DUDEK
605 THIRD STREET
ENCINITAS, CA 92024
PH.: 760-942-5147
SHEET 1 OF 2
January 16, 2024, Item #8
LEGAL DESCRIPTION AND
DEPICTION OF ENCROACHMENT
POME BESS LLC
A DELAWARE LIMITED LIABILITY COMPANY
LOT 47 & P/0 LOT 48
TRACT NO. 87-13, UNIT NO. 1
PER MAP NO. 12556, DA TED FEB. 8, 1990
CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA
SURVEYOR NOTES:
() INDICATES RECORD DATA PER MAP No. 12556
P.O.B. POINT OF BEGINNING
.__ _ _,I EASEMENT AREA
LINE TABLE
SECTION 19, TOWNSHIP 14 SOUTH, RANGE 1 WEST LINE BEARING LENGTH L11 N88°26'02"E 6.01'
L12 N88°26'02"E 30.03'
L13 S01'00'18"W 49.05'
L14 S88'26'02"W 30.03'
L15 N01'00'18"E 49.05'
LOT31
I
t
;: "-PIO
0 ii~
r6
<!) APN: 317-810-33-00 /::'o LOT 48
II SAN DIEGO GAS & LOT 47 "'..J
§
~
ELECTRIC COMPANY
f~
u.i LOT 31, 30, & 29 APN: 317-810-36-00
..J LOT 47 & PIO LOT 48
c::i
<{ SUBMAP NO. 12556 (.)
!Q. MAP NO. 12556
1.70ACRES
P.O.C. L11 --
~
a:: P.O.B. 30' 0
2 C')
~
BLA.fSDELLP
0.0338 ACRE
....J C)
---- (1,471 SQ. FT.)
~ L14
-
.....__
---
LEGEND:
------SUBJECT PARCEL BOUNDARY 60 30 0 60 120 -----180
------EASEMENT BOUNDARY
- - - -EXISTING EASEMENTS
-----CENTER LINE OF ROADWAY GRAPHIC SCALE IN FEEr
SHEET 2 OF 2
19 of 20
January 16, 2024, Item #8
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20 of
20 January 16, 2024, Item #9
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
January 16, 2024
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resources an~ ~isk Management /{} Robert Manis, Director of Development Services ff!" ~
Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 or [email protected]
Robert Manis, Director of Development Services
(858) 668-4601 or [email protected]
Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant The City of Poway's Special Projects Engineer, Jeff Beers, retired on December 29, 2023, after more than 22 years of service with the City of Poway. Mr. Beers worked in the Capital Improvement Projects (CIP) division of Engineering in the Development Services Department and throughout his career, he was instrumental in completing approximately 216 CIP projects, including the Mickey Cafagna Community Center, Veterans Park and the recently reconstructed Lake Poway Upper Playground. The City recently opened and closed a recruitment to fill the position held by Mr. Beers before he retired but was not successful. Therefore, the City desires to temporarily hire back Mr. Beers as a retired annuitant while it continues to recruit an engineer to fill the vacant position. In order to do so, the governing body must waive the required CalPERS 180-day wait period for a retired annuitant to be temporarily hired back based on the critical need for their specialized knowledge and skills while a new recruitment is in progress and to train the new engineer.
Recommended Action:
It is recommended the City Council approve the resolution pursuant to Government Code Sections 7522.56 and 21221 (h) approving the waiver of the 180-day wait period for the newly retired Special Projects Engineer to temporarily work as a retired annuitant while the City recruits for the position.
Discussion:
California Government Code Sections 7522.56 and 21221 (h) authorize the City to employ a retired Cal PERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non-safety retired annuitant is not eligible to be employed by a Cal PERS contracting agency for a period of 180 days 1 of 4
January 16, 2024, Item #9
following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to fill a critically needed position before 180 days has passed.
It has become increasingly difficult to recruit for the civil engineer series over the last few years, mainly due to competition from the private sector. In the Fall, the City opened an Assistant/Associate Civil Engineer recruitment to hire for two vacant positions, including the position held by Mr. Beers. One Assistant Engineer was hired, and the City is currently recruiting an Associate Civil Engineer in the CIP section to fill the position from which Mr. Beers retired.
Fortunately, Mr. Beers agreed to temporarily work as a retired annuitant while the City recruits for the position. He will continue to work on critical capital improvement projects such as storm drain improvements, street maintenance and traffic control signal upgrades. Based on a successful career with the City of Poway, completing numerous capital improvement projects improving the safety and quality of life for community members in the City of Poway, Mr. Beers has the specialized knowledge and skills needed to continue the critical work within the CIP division of Engineering in the Development Services Department until a permanent engineer is hired.
To comply with the Government Code and allow Mr. Beers to work as a retired annuitant, the City must submit to Cal PERS a copy of the approved and executed resolution and the publicly available salary schedule listing the comparable or vacant position.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The total estimated cost to hire Jeff Beers as a retired annuitant for the position of Special Projects Engineer is anticipated not to exceed $48,000. Sufficient funds are available in the department's budget to cover the expenses for the remainder of the current fiscal year.
Public Notification:
None.
Attachments:
A. Resolution
Reviewed/Approved By:
Assistant City Manager
2 of 4
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chris Hazeltine
City Manager
January 16, 2024, Item #9
RESOLUTION
NO.
24-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
FOR
A
180-DAY
WAITING
PERIOD
EXCEPTION
TO
HIRE
A
RETIRED
ANNUITANT
PURSUANT
TO
GOVERNMENT
CODES
SECTIONS
7522.56
AND
21221(h)
WHEREAS,
in
compliance
with
Government
Code
section
7522.56
of
the
Public
Employees'
Retirement
Law,
the
Poway
City
Council
must
provide
CalPERS
this
certification
resolution
when
hiring
a
retiree
before
180
days
has
passed
since
their
retirement
date;
WHEREAS,
Jeff
Beers
retired
from
the
City
of
Poway
as
the
Special
Projects
Engineer
on
December
29,
2023;
WHEREAS,
Jeff
Beers
has
worked
for
the
City
of
Poway
for
over
22 years
and
completed
216
capital
improvement
projects
that
have
increased
the
safety
and
quality
of
life
for
Poway
community
members
;
WHEREAS,
Government
Code
section
7522
.56
requires
that
post
-retirement
employment
commence
no
earlier
than
180
days
after
the
retirement
date,
which
is
June
29,
2024,
without
this
certification
resolution
;
WHEREAS
, Government
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;
WHEREAS,
the
Poway
City
Council,
the
City
of
Poway
and
' Jeff
Beers
certify
that
Jeff
Beers
has
not
and
will
not
receive a
Golden
Handshake
or
any
other
retirement-related
incentive;
WHEREAS,
an
appointment
under
Government
Code
section
21221
(h)
requires
the
retiree
be
appointed
for
a
limited
duration
during
the
recruitment
for
a
permanent
appointment;
WHEREAS
, the
governing
body
has
authorized
the
search
for
a
permanent
appointment
which
is
ongoing; WHEREAS,
the
Poway
City
Council
hereby
appoints
Jeff
Beers
as
an
interim
appointment
retired
annuitant
to
the
vacant
position
of
Special
Projects
Engineer
for
the
City
of
Poway
under
Government
Code
21221
(h),
effective
January
17 , 2024;
WHEREAS
, this
Government
Code
section
21221 (h)
appointment
shall
only
be
made;
WHEREAS,
no
matters,
issues,
terms
or
conditions
related
to
this
employment
and
appointment
have
been
or
will
be
placed
on
a
consent
calendar;
WHEREAS,
the
employment
shall
be
limited
to
960
hours
per
fiscal
year
for
all
Cal
PERS
employers;
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
;
3 of
4 ATTACHMENT
A
January 16, 2024, Item #9
Resolution No. 24-
WHEREAS, per the current City of Poway Management/Confidential Salary Schedule the minimum monthly base salary for this position is $7,073 and the hourly equivalent is $40.8381, and the maximum monthly base salary for this position is $8,603 and the hourly equivalent is $49.6382;
WHEREAS, the hourly rate paid to Jeff Beers will be the maximum hourly amount of the current range, which is indicated above; and
WHEREAS, Jeff Beers has not and will not receive any other benefit, incentive, compensation in lieu of benefit from the City of Poway or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, BE IT RESOLVED THAT the Poway City Council hereby certifies the nature of the employment of Jeff Beers is necessary to fill the critically needed position of Special Projects Engineer for the City of Poway beginning January 17, 2024, because Mr. Beers has specialized skills as a retired annuitant, which are needed to ensure critical community capital improvement projects continue to move forward for the community.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of January 2024, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
4 of 4