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SR - RES-10834 - APPOINTMENT MANAGER TRANSPORTATION SERVICES CITY TRAFFIC ENGINEER1. SUBJECT Adoption of Resolution No. 10834 certifying the critical need for the immediate appointment of Mohammad Jalali - Farahani (Amir Farahani) as Manager - Transportation Services /City Traffic Engineer while a nationwide recruitment is completed. 2. SUMMARY Per the recently adopted Public Employee Pension Reform Act (PEPRA) effective January 1, 2013, all Miscellaneous (non - safety) retirees that desire to return to work on a part-time (960 hour per fiscal year) basis must wait 180 days (6 months) unless the city council certifies that the nature of the employment and the appointment is necessary to fill a critically needed position. 3. RECOMMENDED ACTION Approve Resolution No. 10834 making the necessary certification to allow the immediate appointment of the retiring Manager - Transportation Services /City Traffic Engineer. 4. FISCAL IMPACT The reinstatement of Mr. Farahani as a part-time Manager - Transportation Services /City Traffic Engineer (retired) will save the City costs of all payroll benefits, as well as salary savings during the recruitment and selection process. Mr. Farahani will be compensated within the requirements of Government Code section 21221(h), which is no more than the position's published monthly salary divided by 173.33 to determine an hourly wage. ITEM 12/09/14 5. STRATEGIC PLAN GO N/A 6. GENERAL PLAN IMPLEMENTATION N/A 7. DISCUSSION and BACKGROUND Our current Manager- Transportation Services /City Traffic Engineer, Mr. Amir Farahani notified the City on Nov. 24, 2014 of his decision to retire effective December 30, 2014. Mr. Farahani has been our Manager - Transportation Services /City Traffic Engineer for the past six years. We have begun recruitment for a Manager- Transportation Services /City Traffic Engineer but, due to the holiday season, the recruitment will be open throughout the month of January 2015. Based on the new PEPRA law, retirees that the City requests return to work on a part-time (960 hour per fiscal year) basis must wait 180 days (6 months) after their retirement date before they can return to their previous position unless the City Council certifies that the nature of the employment and the appointment is necessary to fill a critically needed position. The attached resolution makes this certification based upon the following: • there has not been adequate time to complete a recruitment; • cut -backs over the past few years mean there are currently no "in- house" candidates that are fully qualified to temporarily fill this key position; • Mr. Farahani's knowledge and skill level in this position for the past six (6) years; • leadership and oversight required of a division of nine (9) employees; • oversight needed in the preparation of the annual Traffic division CIP Budget and Operating Budgets, as well as City Council briefings and Study Sessions; • completion of projects currently underway including traffic signal synchronization and coordination projects, upgrade of the Traffic Management Center; • oversight of the recently awarded construction contract for traffic signal installation at Glassell and Palm; • award traffic signal modification contract for 3 exiting intersection of Chapman/Hewes, Chapman/Prospect and Tustin /Mayfair; • finalizing new Transportation System Improvement Program (TSIP) fee rates for Areas "B" and "C" based on revised project lists, priorities and funding levels which reflect new growth projections in the City over the next 20 years; and, • oversee the completion of the traffic and transportation report for the Project Approval /Environmental Document (PA/ED) for the Meats interchange on State Route (SR) 55. Amir Farahani has over 28 years of municipal governmental engineering and traffic engineering experience, with six (6) years as our Manager- Transportation Services /City Traffic Engineer. He ITEM 2 12/09/14 holds a bachelor's degree in Engineering, is a register professional engineer and traffic engineer in the state of California. Amir Farahani has been instrumental in the implementation of all traffic related measures over the past ten (10) years as both the Manager- Transportation Services /City Traffic Engineer and the Senior Civil Engineer in the traffic division. He has been the City's project manager for successful projects such as SR -22 Widening, Santa Fe Depot /Orange Transportation Center Pedestrian Undercrossing and Quiet Zone to name few. He is also the key player in the oversight of Orange's traffic signal network both on the maintenance and capital improvement side. While Mr. Farahani's retirement date is December 30, 2014 it is my desire to bring him back as a part-time employee effective January 5, 2015 for a period not to exceed 960 hours while a thorough nationwide recruitment has been completed. I have asked Amir to assist in the selection of his replacement. For these reasons I strongly recommend that the Council adopt the attached Resolution to allow this critical division to have continuity between the current Manager- Transportation Services /City Traffic Engineer and the selection of the new Manager- Transportation Services /City Traffic Engineer. 8. ATTACHMENTS Resolution No. 10834 ITEM 3 12/09/14 RESOLUTION NO. 10834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE CERTIFYING THE NEED FOR THE IMMEDIATE EMPLOYMENT OF MOHAMMAD JALALI - FARAHANI (AMIR FARAHANI) AS MANAGER - TRANSPORTATION SERVICES /TRAFFIC ENGINEER AND WAIVER OF THE 180 DAY WAIT PERIOD. WHEREAS, Amir Farahani, Manager- Transportation Services /Traffic Engineer, has announced his retirement from the City of Orange effective December 30, 2014; and WHEREAS, a recruitment has begun but there has not been adequate time to fill this critical position; and WHEREAS, Government Code Section 21221(h) allows a retired employee to continue to work for a public employer for a term not to exceed 960 hours in a 12 month period under certain conditions and also provides for the maximum levels of compensation; and WHEREAS, Government Code Section 7522.56(f)(1) provides further that a retired employee must wait 180 days before returning to work for a public employer, unless the City Council certifies that due to the nature of the employment, the appointment of Amir Farahani is necessary to fill a critically needed position before 180 days has passed since his retirement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange does hereby certify that the position of Manager- Transportation Services /Traffic Engineer of the City of Orange is a critical position within the City structure; and FURTHER, the City Council of the City of Orange certifies that it is necessary to immediately appoint Amir Farahani to this position on an interim basis, by virtue of his 6 years in the position as the City's Manager- Transportation Services /Traffic Engineer and over 28 years of municipal governmental engineering and traffic engineering experience to fill this critical need as there is no other viable candidate who can immediately perform the requirements of the position. This action meets the requirements of both Government Code sections 21221(h) and 7522.56(f)(1). ADOPTED this day of , 2014 Teresa E. Smith, Mayor, City of Orange ATTEST: