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CC RES 2020-017 RESOLUTION NO. 2020-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, APPOINTING NUNC PRO TUNC HAROLD "KIT" FOX AS INTERIM DEPUTY COMMUNITY DEVELOPMENT DIRECTOR PURSUANT TO GOVERNMENT CODE § 21221(h) WHEREAS, Government Code § 21221(h) of the Public Employees' Retirement Law permits the City Council of the City of Rancho Palos Verdes to appoint a CaIPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long 'as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the City Council of the City of Rancho Palos Verdes desires to appoint, nunc pro tunc, Mr. Harold "Kit" Fox as an interim appointment retired annuitant to the vacant position of Deputy Community Development Director for the City of Rancho Palos Verdes, California, pursuant to Government Code § 21221(h), such appointment to be deemed effective as of September 3, 2019; and WHEREAS, the City Council of the City of Rancho Palos Verdes, the City of Rancho Palos Verdes, California and Mr. Harold "Kit" Fox, jointly and severally certify that Mr. Fox has not and will not receive a "Golden Handshake" or any other retirement related incentive; and WHEREAS, an appointment under Government Code § 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the City Council of the City of Rancho Palos Verdes has authorized the search for a permanent appointment on September 3, 2019; and WHEREAS, this Government Code § 21221(h) appointment shall only be made once and therefore will end on or before the retired annuitant reaches 960 hours; and WHEREAS, the employment agreement, contract or appointment document between Mr. Fox and the City of Rancho Palos Verdes, California,, has been reviewed by the City Council of the City of Rancho Palos Verdes and is attached hereto as Exhibit "A," and incorporated herein; 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 maximum base salary for this position is $172,159 per year and the hourly equivalent is $82.77 per hour; the minimum base salary for this position is $101,677 per year and the hourly equivalent is $48.88 per hour; and WHEREAS, the hourly rate paid to Mr. Fox will be $80.00 per hour; and 01203,0006/642181 1 WHEREAS, Mr. Fox 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 RANCHO PALOS VERDES CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES, AS FOLLOWS: SECTION 1. The City Council hereby certifies the nature of the employment of Mr. Harold "Kit" Fox as set forth in more detail in that certain Personnel Action form, attached hereto as Exhibit "A," and incorporated herein, is necessary to fill the critically needed position of Deputy Community Development Director for the City of Rancho Palos Verdes, California. SECTION 2. The City Council hereby deems such appointment and this resolution to be declared effective September 3, 2019 nunc pro tunc as if it had been adopted simultaneously with and in conjunction with the foregoing appointment. SECTION 3. The City Council finds and determines that such appointment was necessary because the previous Deputy Community Development Director was vacant and is currently unfilled. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED on this 21st day of April, 2020. 411)L, John C ikshank, Mayor Attest: 1'' e!;. ___ roily L . •orn, City Cler State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2020-17 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 21, 2020. .-I / J:..,40(.:' _ &.___ 'Emil '�olborn, City Clerk ' 01203 0006/642181 1