HomeMy WebLinkAboutItem 7a - Authorization to Hire a CALPERS Retired Annuitant For a Temporary Period due to an Approved Leave of Absence Item 7a
Department: Community Development
Cost Center: 4006
For Agenda of: 10/21/2025
Placement: Public Hearing
Estimated Time: 10 Minutes
FROM: Timmi Tway, Community Development Director
Prepared By: Vanessa Nichols, Building Permit Services Supervisor
SUBJECT: AUTHORIZATION TO HIRE A CALPERS RETIRED ANNUITANT FOR A
TEMPORARY PERIOD DUE TO AN APPROVED LEAVE OF ABSENCE
RECOMMENDATION
Adopt a Resolution entitled, A Resolution of the City Council of the City of San Luis
Obispo, California, Appointing Donald Wright To Provide Specialized Building Plan
Review Services During The Temporary Absence Of A Plans Examiner Pursuant To
Government Code Section 21221(G).”
POLICY CONTEXT
When employing retired annuitants to temporarily fill positions for permanent employees
on a leave of absence, the City of San Luis Obispo must ensure compliance with the
Public Employees’ Retirement Law (PERL) and the Public Employees’ Pension Reform
Act of 2013 (PEPRA).
Pursuant to Government Code Section 21221(g), CalPERS permits the temporary
appointment of a retired annuitant to a vacant position requiring specialized skills during
a regular employee's approved leave of absence, under specific condit ions. This allows
public agencies to maintain essential services while respecting the limits imposed on
post-retirement employment. Appointments made under this section must be approved
by the City Council in an open session and adopted by resolution. CalP ERS then requires
the resolution be submitted to CalPERS before the appointment of the retired annuitant
begins.
DISCUSSION
The regular incumbent in the Plans Examiner position in the Community Development
Department will be on an approved leave of absence, which is expected to last between
mid November 2025 to early February 2026. To continue meeting operational needs, staff
recommends appointing Donald Wright, a CalPERS retired annuitant with specialized
skills in building plan review, to temporarily fill this position during the absence.
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Item 7a
This appointment will comply with all CalPERS post-retirement employment
requirements, including:
The position is vacant due to an approved leave of absence.
The position requires specialized skills possessed by the retired annuitant.
The employment is limited to the duration of the leave and shall not exceed one
year.
The annuitant will not receive any additional benefits, compensation in lieu of
benefits, or bonuses beyond an hourly wage comparable to that paid to others for
similar duties.
The appointment will not exceed 960 hours in a fiscal year.
A resolution is presented in open session.
The retired annuitant satisfies the 180-day break-in-service requirement.
The retired annuitant’s employment with the City will be terminated at the end of the leave
of absence, not to exceed one year, as required by Gov. Code section 21221(g).
Need for Retired Annuitant
The need for basic building plan review and coverage at the front counter is ongoing and
an essential part of Community Development operations and services provided to the
public. During the leave of the Plans Examiner, the need to provide these services
continues as customers require assistance and timely review of submittals. State law also
requires timely review of housing projects. Having a retired annuitant provide coverage in
these areas during the leave allows staff to maintain good customer service to the public,
avoid backlogs, and keep all development projects, including housing projects moving
forward. The experience of conducting building plan reviews, extensive knowledge of
building codes, including local regulations, and understanding the operations of a Building
Department are necessary for an individual to possess in order to be eff ective in filling
this position. The retired annuitant has all of these specialized skills as their career was
spent working in Building & Safety Departments holding positions from plans examiner
and inspector to Building Official. The temporary hiring of a retired annuitant is preferable
to the use of a consultant because the retired annuitant is already familiar with City of San
Luis Obispo local regulations, policies, and practices. Hiring a consultant would be more
costly and would require training to bring that individual up-to-speed. Due to the limited
duration of the leave and the time it would take to train the consultant, it is not feasible.
CONCURRENCE
The Community Development Department and Human Resources Department are in
concurrence on this item.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “project” under CEQA Guidelines
15378.
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Item 7a
FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-26
Funding Identified: Yes
Fiscal Analysis:
Hiring a retired annuitant to provide temporary plans check part -time support for an
estimated 8–12 week period will result in a limited fiscal impact to the Community
Development Department. This approach remains significantly more cost-effective than
contracting with a private consulting firm for the same services. Based on an hourly rate
of $60, working approximately 20 hours per week, the estimated cost for the retired
annuitant is as follows:
Staffing Option Hourly Rate Estimated Cost (8–12 Weeks) Part-
time (20 Hours)
Retired Annuitant $60 $9,600 - $14,400
Consultant (Private Firm) $130 $20,800 - $31,200
The cost of the retired annuitant will be covered using salary savings from a currently
vacant position in Building & Safety that has remained unfilled since the start of the fiscal
year. This approach allows the department to maintain service levels, minimize additional
financial impact, and avoid adjustments to the consultant services budget by utilizing
existing, unused staffing funds.
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund $36,451.35
(Salary Savings)
$15,000 $21,451.35
$0
State
Federal
Fees
Other:
Total $36,451.35 $15,000 $21,451.35 $0
ALTERNATIVES
Do not adopt the resolution authorizing Employment of a CALPERS retired
annuitant. Council could decide not to adopt the attached resolution, which would prohibit
the Community Development Department from hiring the retired annuitant for the
temporary period of time. This would result in impacts to customer service, mainly at the
permit counter, and would impact the ability for the Department to address plan checks
and revisions in a timely manner during the time period of the planned absence of the
plan reviewer.
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Item 7a
ATTACHMENTS
A - Draft Resolution appointing Donald Wright to provide specialized building plan review
services during the temporary absence of a plans examiner pursuant to Government
Code Section 21221(G)
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R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPOINTING DONALD WRIGHT TO PROVIDE
SPECIALIZED BUILDING PLAN REVIEW SERVICES DURING THE
TEMPORARY ABSENCE OF A PLANS EXAMINER PURSUANT TO
GOVERNMENT CODE SECTION 21221(G)
WHEREAS, Government (“Gov.”) Code Section 2122(g) of the Public Employee’s
Retirement Law permits the governing board to appoint a CalPERS retired annuitant to a
position that is found by the governing body, by resolution, to require specialized skills
and to be available because of a leave of absence granted to a person on payroll status;
and
WHEREAS, Gov. Code Section 21221(g) further requires that the appointment last
for a temporary period not to exceed one year or at the end of the incumbent employee’s
leave of absence, whichever is earlier; and
WHEREAS, Gov. Code Section 21221 provides that such appointment will not
subject the retired annuitant to reinstatement from retirement or loss of benefits so long
as it does not exceed 960 hours in a fiscal year; and
WHEREAS, the City Council finds that Donald Wright, a retired annuita nt,
possesses the specialized skills to perform the building plan review duties of a Plans
Examiner during the temporary absence of the City’s Plans Examiner and desires to
appoint Donald Wright for a temporary period as Plans Examiner for the City of San Luis
Obispo, under Gov. Code Section 21122(g) and 21224, effective approximately
November 6, 2025, or when the incumbent otherwise begins their leave of absence; 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, Donald Wright will not receive any additional benefits, compensation
in lieu of benefits, or any other compensation beyond an hourly wage comparable to that
paid to others for similar duties. As such, he will be paid an hourly rate of $48.6625 and
the hourly salary range for this position is $39.625 to $48.6625; and
WHEREAS, the appointment will cease when the leave of absence ends, but in no
case will the appointment exceed one year.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby certifies the nature of employment of Donald
Wright as described herein and that this appointment is necessary to perform the duties
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Resolution No. _____ (2025 Series) Page 2
R ______
of the critically needed position of Plans Examiner for the City of San Luis Obispo and
that Donald W right has the specialized skills necessary to perform the duties.
SECTION 2. The City Council determines that each of the findings set forth above
is true and correct, and by this reference incorporates those findings as an integral part
of this Resolution.
SECTION 3. The City Council authorizes approval of this Resolution.
SECTION 4. This Resolution shall become effective immediately following
passage and adoption thereof.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 21st day of October 2025.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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