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Exhibit 2 - Employment Agreement - D Castro.pdf

Corona City Council
April 15, 2026

Document
Exhibit 2 - Employment Agreement - D Castro.pdf
Meeting
April 15, 2026
Body
Corona City Council
Pages
6
Original file
863 KB
Text extracted from the city's file for reading and search. Open the original on pub-corona.escribemeetings.com. That file is the official record.

DEAND\02000.51001\10321808.2

April 15, 2026
Mr. Delfin (Danny) Castro
Address On File
Re: City of Corona – CalPERS Annuitant Conditional Interim Vacancy Appointment Agreement for the Planning & Development Department (GC 21221(h) - Interim Vacancy)
Dear Mr. Castro:

Introduction
If accepted by you, this letter represents an agreement (“Agreement”) as a CalPERS retiree for a limited-term appointment to the position of Interim Planning & Development Director (“Position”) with the City of Corona Planning & Development Department, by which you will be filling an interim vacancy under the provisions of Government Code Section 21221(h).

This Agreement is made in light of the city’s current vacancy in this position. We have determined that your employment during this time is necessary in order to prevent the stoppage of public business.

Terms
The terms of this Agreement include:
 Term. This Agreement shall become effective on April 16, 2026, unless a later date is agreed on by the Parties. This Agreement shall expire upon the first to occur of the following events: (i) the employment commencement date of the permanent appointment to the Position; or (ii) upon termination of this Agreement by either you or the City.

Conditional Interim Vacancy Appointment Agreement (CalPERS Retiree) GC 21221(h) – Interim Vacancy
Delfin (Danny) Castro

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 Maximum 960 Hours. Your employment shall not exceed 960 hours in a fiscal year (inclusive of all hours worked for any CalPERS employer).  Compensation. Rate of pay for this temporary assignment shall equal the maximum monthly base salary paid to other employees performing comparable duties, as listed on the City's publicly available pay schedule, reflected as an hourly rate by dividing the monthly base pay by 173.333. The current maximum is $125.76 per hour.
 No Other Benefits. No further payments or benefits other than the hourly rate will be provided, unless required by state or federal law.

CalPERS Requirements
The City and you make this Agreement with the mutual understanding that the appointment complies with the requirements for the employment of CalPERS retirees, as codified in Government Code Sections 7522.56 and 21221(h). Specifically, an appointment under Sections 7522.56 and 21221(h) is permissible if all of the following eight (8) requirements are met:
(1) City Council Appointment. The appointment must be made by the City Council.
(2) Active Recruitment During Vacancy. The appointment must be to a vacant position during an active recruitment for a permanent appointment.
(3) Emergency or Specialized Skills. The appointment is either during an emergency to prevent stoppage of public business or because the retiree has specialized skills needed in performing the work. (4) One-Time Appointment. An appointment is made only once to the vacant position.

Conditional Interim Vacancy Appointment Agreement (CalPERS Retiree) GC 21221(h) – Interim Vacancy
Delfin (Danny) Castro

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(5) Maximum 960 Hours. The total hours worked by a retiree in a fiscal year, for all CalPERS employers under all appointment authorities, cannot exceed 960 hours.
(6) Compensation Limitation. The compensation received by a retiree is not more than the maximum, nor less than the minimum, monthly base salary paid to other employees performing comparable duties, as listed on the City's publicly available pay schedule. The compensation shall be reflected as an hourly rate by dividing the monthly base pay by 173.333. (7) No Other Benefits. The compensation paid to the retiree is limited to the hourly rate and no other benefits may be provided.
(8) Unemployment Payment Certification. The retiree provides a written certification upon acceptance of the appointment that he or she has not received unemployment insurance payments in the prior 12-month period arising from work performed as a retiree for any public employer that is subject to Government Code section 7522.56.

Satisfaction of CalPERS Requirements
The City, in good faith, has determined that your appointment meets the foregoing eight (8) requirements as follows:
(1) City Council Appointment. The appointment has been made by the City Council.
(2) Active Recruitment During Vacancy. The appointment is to a vacant position during an active recruitment for a permanent appointment. (3) Emergency or Specialized Skills. This appointment is made in light of the emergency described in the first paragraph of this Agreement and your services are necessary to prevent stoppage of public business.

Conditional Interim Vacancy Appointment Agreement (CalPERS Retiree) GC 21221(h) – Interim Vacancy
Delfin (Danny) Castro

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(4) One-Time Appointment. This is the only appointment that has been made to this vacant position.
(5) Maximum 960 Hours. The appointment will not exceed 960 hours in a fiscal year.
(6) Compensation Limitation. The compensation you will receive is no more than the maximum, nor less than the minimum, monthly base salary paid to other employees performing comparable duties, as listed on the City's publicly available pay schedule. The compensation is reflected as an hourly rate by dividing the monthly base pay by 173.333. (7) No Other Benefits. Your compensation consists of the hourly rate only; no further benefits will be provided.
(8) Unemployment Payment Certification. During the 12-month period prior to the effective date of the appointment made pursuant to this Agreement, you did not receive any unemployment insurance compensation arising out of prior employment with a CalPERS employer subject to Government Code section 7522.56.

By executing this Agreement, you are also, in good faith, determining that your appointment meets each of the foregoing eight (8) requirements noted above, including the unemployment insurance requirement (as reflected in the written certification below).

Monitoring Hours
Notwithstanding (5) above, the City has no way of monitoring the hours that you work for another CalPERS employer. As such, it is your responsibility to ensure that the total hours worked for the City and any other CalPERS employer do not exceed 960 hours in the aggregate. However, please note that consistent with the requirements of Section 21220(d) and (e), the City will enroll you in CalPERS solely for administrative recordkeeping purposes (you will remain in retired status) and will report both your hours and pay pursuant to this Agreement.

Conditional Interim Vacancy Appointment Agreement (CalPERS Retiree) GC 21221(h) – Interim Vacancy
Delfin (Danny) Castro

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CalPERS Determination Final
While the City and you make this Agreement because we believe that it is authorized under Sections 7522.56 and 21221(h), CalPERS could disagree. If CalPERS disagrees, there is a risk that you will be required to do the following: (1) return any retirement allowance you received during the period of the appointment; (2) pay an amount of money equal to the employee contributions that should have been made, plus interest, during the appointment; and (3) pay CalPERS’ administrative expenses incurred as a result of its audit of the appointment. You will also be subject to reinstatement from retirement.

Waiver & Indemnity
By executing this Agreement, you are taking the risk that CalPERS may disagree that this appointment is authorized under Sections 7522.56 and 21221(h), and you waive any claims related thereto. Please contact CalPERS if you have any questions regarding the requirements of Sections 7522.56 and 21221(h) or this appointment. By executing this Agreement, you therefore agree to waive any claim against the City arising out of an alleged violation of the rules applicable to the employment of CalPERS retirees without reinstatement. Further, you agree to indemnify and hold the City, its officers, officials, employees and agents free and harmless from and against any and all alleged claims, damages, liabilities, costs and expenses, including, but not limited to, the reinstatement risks noted in the preceding paragraph, as well as reasonable attorneys’ fees and other legal or other costs and expenses, which may be suffered or incurred by you and arising by reason of an alleged violation of the rules applicable to the employment of CalPERS retirees without reinstatement.

At-Will
There is no right to public employment expressed by this Agreement. All limitedterm appointments are subject to the business necessity of the City and are at-will; therefore, the appointment may end with or without cause or advance notice.

Conditional Interim Vacancy Appointment Agreement (CalPERS Retiree) GC 21221(h) – Interim Vacancy
Delfin (Danny) Castro

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Conclusion
We welcome you to your limited-term appointment with the City of Corona and extend our best wishes for your success in the temporary position.

If you have additional questions or comments feel free to contact me directly.

Sincerely,
Jacob Ellis
City Manager
===================================================================== ACKNOWLEDGMENT:

I, ________________________ _ __, agree to this City of Corona – CalPERS Annuitant Conditional Limited-Term Appointment Agreement for the Planning & Development Department (GC 21221(h) - Interim Vacancy), and hereby warrant that I understand and agree with all of the terms and conditions of employment as set forth in this Agreement, including, but not limited to, the risk, waiver, indemnity and hold harmless conditions related to any alleged violation of the rules applicable to the employment of CalPERS retirees without reinstatement.

In addition, I certify that during the 12-month period prior to the effective date of the appointment made pursuant to this Agreement, that I did not receive any unemployment insurance compensation arising out of prior employment with a CalPERS employer subject to Government Code section 7522.56. ___________________________________________ __________________ Signature Date

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