City Council Staff Report Page 1 of 3 October 14, 2025
Agenda Item No. 5.1
DATE: October 14, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
SUBJECT: Adopt a Resolution Approving an Exception to the 180-Day Waiting Period for Post-Retirement Employment of Farooq Azim to Fill the Critically Needed Position of Extra Help for the City Engineer Pursuant to Government Code Sections 7522.56(f)(1) and 21224 and Approve an Employment Agreement with Farooq Azim to Serve as Extra Help to the City Engineer
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution (Exhibit No. 1) approving an exception to the 180-day waiting period for post-retirement employment of Farooq Azim to fill the critically needed position of extra help for the City Engineer pursuant to Government Code Sections 7522.56(f)(1) and 21224 and approve an Employment Agreement with Farooq Azim to serve as extra help to the City Engineer.
STRATEGIC PLAN ALIGNMENT
This item is not directly related to the strategic plan.
BACKGROUND
Farooq Azim (“Azim”) retired from the City in the position of City Engineer, effective October 6, 2025. Azim possesses specialized skills needed to perform certain work that the City’s Public Works Department must carry out, as information is transferred to newly hired employees.
Azim also possesses knowledge that will need to be documented and transferred to the newly hired City Engineer, related to:
• Transitioning all Land Development Projects and Clean Water Program responsibilities to the new City Engineer;
• Closing out other land development or CIP projects;
• Continuing the project manager (PM) role for the BART At-Grade Pedestrian Crossing during permitting prior to the start of construction and transferring other UP improvements;
Agenda Item No. 5.1
City Council Staff Report Page 2 of 3 October 14, 2025
• Coordinating the relocation of Verizon’s fiber optic line in UP’s right of way, which is to begin on October 6, 2025;
• Reviewing and approving the improvement plans and Parcel Map for the Lazuli Landing development and helping resolve staging for this project; • Helping resolve the several outstanding items for Lennar development, including alignment of Decoto Road/9th Street, CPUC easement, angled parking, approval of submittals for the storm drain system, and discussions regarding a fiber optic line to the Corp Yard; and
• Helping close out the Sea Breeze Park improvements associated with Nuvera Homes.
DISCUSSION
Government Code Section 7522.56(f) requires a 180-day waiting period before a retired annuitant can be employed by a CalPERS agency unless the nature of the employment meets one of the exceptions and is approved via resolution by the governing body. In this case, the nature of Azim’s recommended appointment will be as extra help to aid in the transition of duties to the newly hired City Engineer, and Azim’s time will remain focused on assisting with the projects identified above.
Azim possesses the specialized skills needed to perform this work, and this appointment qualifies for an exception under Government Code section 7522.56(f). As a CalPERS extra help retired annuitant, he will be eligible for this exemption based on his role performing work of limited duration (no more than 960 hours per fiscal year), including the elimination of backlogs, limited-term special project work, and/or work in excess of what regular permanent staff can do. In this instance, this limited-term special project relates to assisting with the projects identified above, as well as other projects as assigned, for which Azim is uniquely qualified from his years of experience working for the City. Azim’s Employment Agreement prohibits Azim from exhausting the hours limit under CalPERS regulations and staff will ensure that he stays well below the limit.
In order for the City Council to approve the proposed Employment Agreement with Azim (Exhibit No. 2), the City Council must first adopt a Resolution making specific findings related to hiring a retired annuitant subject to CalPERS regulations contained in Government Code Section 21224. The terms of the Employment Agreement state that the term is of limited duration through June 30, 2026, and that the hourly rate is $115.03 per hour. Such terms are in conformance with CalPERS regulations.
FISCAL IMPACT
Sufficient funding is available within the Public Works FY 2025-2026 Adopted Budget to fund this retired annuitant Employment Agreement with Farooq Azim due to the vacancy of three other Public Works positions that have been vacant since the adoption of the budget and will remain vacant for at least the next few months.
RECOMMENDATION
Staff recommends that the City Council: 1) adopt a Resolution approving an exception to the 180-day waiting period for post-retirement employment of Farooq Azim to fill the critically needed position of extra help for the City Engineer pursuant to Government Code Agenda Item No. 5.1
City Council Staff Report Page 3 of 3 October 14, 2025
Sections 7522.56(f)(1) and 2) approve an Employment Agreement with Farooq Azim to serve as Extra Help to the City Engineer.
Prepared by: Kristopher Kokotaylo, City Attorney
Submitted by: Kristopher Kokotaylo, City Attorney
Attachments
1. Draft Resolution
2. Draft Employment Agreement