CC RESOLUTION 5413RESOLUTION NO. 5413
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO APPOINTING ROBERT ESPINOSA AS INTERIM
FIRE CHIEF IN CONFORMANCE WITH CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
STATE LAW REQUIREMENTS.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds:
A. Employment for the City's current Fire Chief ended on April 26, 2023.
B. Until a permanent Fire Chief position is filled, the City requires the services of a
qualified professional to carry out the Fire Chief's day-to-day duties, which
require specialized skills and experience.
C. State law (Gov. Code, § 21221(h)), provides that, under specified
circumstances, a retired annuitant in the California Public Employees'
Retirement System ("CaIPERS") may accept temporary employment with a
public employer in the CaIPERS system without affecting his or her retirement
benefits.
D. State law permits the governing body of such public employer 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.
E. Pursuant to the City's review of candidates, the City Council finds that Robert
Espinosa, a CaIPERS retiree, has decades of Fire Department experience with
varied public entities and is qualified to temporarily serve as the City's Fire Chief
until the position is permanently filled, subject to the limitations stated above.
F. The City desires to appoint Robert Espinosa as an interim appointment retired
annuitant for services as interim Fire Chief, effective May 3, 2023, pursuant to a
temporary employment agreement.
G. Robert Espinosa has not and will not receive a Golden Handshake or any other
retirement -related incentive pursuant to the proposed engagement.
H. Pursuant to Government Code §§ 75522.56(d) and 21224(a), the compensation
paid to Robert Espinosa will not 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 he will not receive any
other benefit, incentive, compensation in lieu of benefit or other form of
compensation in addition to his hourly pay rate.
RESOLUTION NO. 5413
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SECTION 2. Approval. The City Council approves the temporary employment
agreement for Robert Espinosa, in the form attached to the staff report to which this
Resolution attached and presented to the City Council. The Mayor or City Manager are
authorized to execute such agreement.
SECTION 3. Severability. If any part of this Resolution or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will
not affect the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Resolution are severable.
SECTION 4. Signature Authority. The Mayor, or presiding officer, is hereby authorized
to affix his signature to this Resolution signifying its adoption by the City Council of the City
of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 5. Effective Date. This Resolution will take effect immediately upon adoption
and will remain effective unless repealed or superseded.
SECTION 6. City Clerk Direction. The City Clerk will certify to the passage and adoption
of this Resolution, enter it in the City's book of original Resolutions, and make a record of this
action in the meeting's minutes.
PASSED AND ADOPTED this 2"d day of May, 2023.
Drew Boyles„ Mayor
ATTEST:
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Trac '�"e r, City Clerk
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APPROV A"City
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Mark D. Hlensl,rnleyv
RESOLUTION NO.5413
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5413 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 2"d day of May, 2023, approved and signed by the Mayor, and
attested to by the City Clerk, by the following vote:
AYES:
Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council
Member Giroux and Council Member Baldino
NOES:
None
ABSENT:
None
ABSTAIN:.
None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of May, 2023,
6wvx WM
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Tra Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION NO. 5413
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