and 23. The column indicated by the arrow in Figures 22 and 23 is the lower portion of the column shown in Figures 19 through 21.
Figure 22. Condition of wall and metal siding at the
west side of the northeast portion of Building 1 on
June 15, 2011
Figure 23. Condition of wall and metal siding at
the west side of the northeast portion of Building 1
on July 25, 2012
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October 2, 2012
Building 6
In the north section of Building 6, the majority of the roof framing and the new shoring appears to be unchanged since July 2011. There are two adjacent roof joists that had previously been noted to be decayed near the mid-span of the joists. Although the decay of the joists appears to have become more severe, as shown in Figures 24 and 25, these two joists were not previously strengthened because the roof sheathing could span between the adjacent undamaged joists to support the self-weight of the sheathing.
The condition of the adjacent joists and the sheathing do not appear to have changed significantly so the ability of the sheathing to support its self-weight has not been affected.
Figure 24. Condition of wood roof joists in
Building 6 on July 22, 2011
Figure 25. Condition of wood roof joists in
Building 6 on July 25, 2012. Additional joist
damage indicated by arrow.
At the south end of the middle section of Building 6, one of the north-south spanning girders appears to be decayed where the girder penetrates into the concrete wall, as shown in Figure 26. This condition was not previously noted. The girder does not appear to be sufficiently damaged to require intervention at this point. We recommend continued monitoring of the girder in future reports. 2182
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October 2, 2012
Figure 26. Arrow indicates location of decayed wood girder at the concrete wall, south end of the middle section of Building 6 Building 10
The emergency stabilization work for this building was limited to shoring at the northwest corner of the building. The shoring work that was done appears to be functioning adequately, as shown in Figure 27.
There were no significant hazards observed in the remainder of the main section of the warehouse.
Figure 27. Condition of shoring work at the northwest corner of Building 10
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Winehaven National Register Historic District
2012 Annual Condition Assessment
October 2, 2012
Building 13
The diagonal steel shoring for the masonry walls appears functional with no indications of distress. See Figure 28.
Figure 28. Condition of diagonal steel braces supporting brick masonry wall at the west side of Building 13
The wood shoring for the damaged timber girders also appears to be adequately supporting the girders.
The conditions of the shored girders do not appear to be noticeably changed, as shown in Figures 29 and
30. There are two roof joists that were previously observed to be damaged and were not shored. The damage to these joists does not appear to have changed noticeably.
Figure 29. Damaged roof joists at Building 13 on
May 31, 2011
Figure 30. Damaged roof joists at Building 13 on
July 25, 2012
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2012 Annual Condition Assessment
October 2, 2012
Building 63
We observed the condition of the north section of the building in which the gypsum board sheathing had been removed as part of the stabilization work and where two sets of wood shoring had been installed.
The wood shoring and the roof framing did not appear to have changed substantially. See Figures 31 and
32. The 2x4 shoring studs seemed to have no additional gravity loading on the studs that would indicate failure of the roof framing above.
Figure 31. Condition of roof joists at the north side
of Building 63 on July 20, 2011
Figure 32. Condition of roof joists at the north
side of Building 63 on July 25, 2012
CONCLUSIONS
WJE conducted a survey of the condition of six of the buildings at the Winehaven National Register Historic District to assess whether there have been any significant changes to the structures since the installation of temporary emergency stabilization work that was installed in the summer of 2011. Our site observations focused primarily on the areas where the previous emergency stabilization work had been installed. In general, the conditions of each of the buildings appear to have little or no significant changes that would affect the global stability of significant structural elements. Some minor changes were identified, as noted above. We recommend that the conditions of the buildings, particularly the issues noted above, be monitored on a regular basis until comprehensive structural and weather protective repairs to the buildings can be implemented. Weather protection includes installation of replacement roof framing where the existing roof framing has collapsed or has been removed.
In one area of the wood frame portion of Building 1, the condition of the building has changed to the point that intervention is recommended. Where noted in the report, the sheet metal siding on the west side of Area C at the northeast corner of Building 1 has dislodged due to wind, and much of the remaining siding is loosely held in place. Additional pieces of sheet metal are likely to become dislodged in the future unless remedial measures are implemented. This is the same area where the column has failed at the base, and can no longer provide support for wind loads on the sheet metal wall, and the deformation of the wall may be contributing to the problem. Further damage can be mitigated by removal of the sheet metal and storing the removed pieces on site.
It is recommended that the column be repaired using a method similar to that employed during the stabilization for another column at this level (detail 6/S501 Emergency Stabilization plans, 2185
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March 25, 2011). Possible approaches to mitigation of the condition of the sheet metal are either to remove the sheet metal siding or to supplement the connectors and framing that support the sheet metal.
Supplementing the framing and connectors may require additional framing, as well as anchorage for the framing, so that the wall can resist wind forces.
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May 16, 2023
Human Resources
DATE: May 16, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager
Sharrone Taylor, Interim Director of Human Resources
Subject: Appointment of a Retired Annuitant to Perform Critically Needed Special Project Work in the Finance Department
FINANCIAL IMPACT: There is no new fiscal impact or budget action necessary resulting from the recommended appointment. The
proposed expenditures will be funded by salary savings
in the respective department’s approved FY 2022-2023
budgets – (Finance Department Part-Time Budget
01171115-400006).
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
City Council approval is requested to appoint retired
annuitant Delmy Cuellar prior to the end of the CalPERS required 180-day waiting period following her retirement.
RECOMMENDED ACTION: APPROVE the appointment of Delmy Cuellar as extra help/special project retired annuitant for a limited term, special project role not to exceed one year; and ADOPT
the resolution approving the 180-day wait period
exception – Human Resources Department (Nickie
Mastay/Sharrone Taylor 510-620-6602).
AGENDA
REPORT
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May 16, 2023
DISCUSSION:
The City Manager’s Office recently petitioned Human Resources to hire a retired employee to provide extra help/special project finance services work for a limited term not to exceed one (1) year.
Ms. Cuellar retired as the Director of Finance on March 31, 2023, after sixteen years of service to the City. The City is currently recruiting for the Director of Finance vacancy, and the day-to-day operations of this position are being handled by the Deputy City Manager and Deputy Director of Finance until the vacancy is filled. (Ms. Cuellar would not be serving as Interim Director of Finance.)
Ms. Cuellar’s experience and expertise are critically needed for the Finance Department to complete several major ongoing projects, including the Corrective Action Plan required by the State Auditor, the Fiscal Year 2023-2024 budget, and implementation of Trak-It software. Ms. Cuellar will provide management assistance with these special projects, which are all critical to meeting the Finance Department’s obligations.
The requirements for retired annuitant appointments are based on California Public Employee Retirement Law (PERL) and federal tax law for post-retirement services provided by a retired annuitant. These laws allow employment of a retired annuitant in two (2) specific circumstances — (1) to provide "extra help"; or (2) to work in a vacant position on an interim basis during the recruitment process. Extra help appointments include when the retired annuitant is hired to perform work of limited duration, such as elimination of a backlog, special project work, or to perform work exceeding regular staff work. Additional restrictions for extra help appointments include:
The retired annuitant must provide services of limited duration; Compensation may be no more than another employee would receive for similar work; and
The annuitant’s work must not exceed 960 hours in any fiscal year.
CalPERS retired annuitants are generally prohibited from returning to work for a CalPERS employer within 180 days of their retirement. However, Government Code section 7522.56(f) provides for several exceptions from this general rule. One exception is when the employer “certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting.” Such an appointment must be approved as an item of business not on the consent calendar.
The requested return date for Ms. Cuellar is less than 180 days after her retirement date, and therefore her appointment must fall within one of the exceptions under Government Code section 7522.56(f) in order to comply with CalPERS rules. City staff believes that Ms. Cuellar’s appointment meets the critical necessity exception, which requires a City Council resolution. Therefore, City staff is requesting that City Council 2188
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adopt a resolution certifying the critical need for Ms. Cuellar’s appointment to perform extra help/special project Finance Department work such that she can work for the City as a retired annuitant before 180 days have passed since her retirement.
ANALYSIS:
Ms. Cuellar possesses specialized skills required to perform the extra help/ special project work needed by the Finance Department and will perform the aforementioned services for a limited duration not to exceed one (1) year total. The extra help/ special project work which she will perform is essential to maintaining the basic ongoing Finance Department operations. Specifically, her professional expertise is required for the following special projects: responding to a state audit, implementing new City-wide software that is used for a critical function in Finance (Measure U), providing City financial information and analysis to be used in negotiations with two bargaining groups, beginning implementation of a class and comp study, and initiating budget preparation for the upcoming fiscal year.
In accordance with applicable laws, Ms. Cuellar will be compensated hourly at $95.90 per hour consistent with the Project Manager III position, the position which includes duties most comparable to those specific tasks that will be performed by Ms. Cuellar.
The current hourly compensation range for the position of Project Manager III is $60.24 per hour to $95.90 per hour. She will not receive any other benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate. Her work schedule will be approximately 15-20 hours per week.
Accordingly, City staff believes Ms. Cuellar’s appointment meets both the independent statutory basis for employing a retired annuitant to provide extra help and the statutory exception to the 180-day waiting period for critically needed positions.
RECOMMENDATION:
City Staff recommends the City Council:
1. Adopt the Resolution approving an exception to the 180-day waiting period for Delmy Cuellar; and
2. Approve the employment agreement between the City and Ms. Cuellar, and authorize the City Manager to execute.
DOCUMENTS ATTACHED:
Attachment 1 – 180-Day Wait Period Resolution for Delmy Cuellar Attachment 2 – Employment Agreement
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RESOLUTION NO. _____
A RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, FOR 180-DAY WAIT PERIOD EXCEPTION
G.C. SECTIONS 7522.56 & 21224
WHEREAS, in compliance with Government Code section 7522.56 the City of Richmond City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Delmy Cuellar retired from the City of Richmond in the position of Director of Finance, effective March 31, 2023; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is September 28, 2023 (date of 181st day after retirement) without this certification resolution; and WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City Council of the City of Richmond and Delmy Cuellar certify that she has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council hereby appoints Delmy Cuellar as an extra help retired annuitant to perform extra help/ special project work for the City of Richmond Finance Department under Government Code section 21224, effective May 22, 2023; and WHEREAS, the entire employment agreement, contract or appointment document between Delmy Cuellar and the City of Richmond has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; 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 173.33 to equal the hourly rate; and WHEREAS, the maximum monthly base salary for the Project Manager III position, which performs the most comparable duties, is $16,622 and the hourly equivalent is $95.90, 2190
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and the minimum base salary for this position is $10,442 and the hourly equivalent is $60.24; and
WHEREAS, the hourly rate paid to Delmy Cuellar will be $95.90; and WHEREAS, Delmy Cuellar 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, BE IT RESOLVED THAT the City Council of the City of Richmond hereby certifies the nature of the appointment of Delmy Cuellar as described herein and detailed in the attached employment agreement and that this appointment is necessary to perform critically needed extra help/ special project services to support the City of Richmond Finance Department because such appointment is essential to maintaining the basic ongoing department operations and completing specific financial projects including responding to a state audit, implementing new software, and initiating budget preparation for the upcoming fiscal year.
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held May 16, 2023, by the following vote:
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
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Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
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CITY OF RICHMOND
PART-TIME, LIMITED DURATION EXTRA HELP/SPECIAL PROJECT
EMPLOYMENT AGREEMENT
This PART-TIME, LIMITED DURATION EXTRA HELP/SPECIAL PROJECT EMPLOYMENT AGREEMENT (“Agreement”) is made by and between the CITY OF RICHMOND (“City”) and DELMY CUELLAR (“Employee”). The City and Employee may be referred to individually as a “Party” or collectively as “the Parties.”
RECITALS
WHEREAS, Government Code Sections 21224(a) and 7522.56(c) permit retired annuitants under the California Public Employees’ Retirement System (“CalPERS”) to be employed without reinstatement from retirement upon appointment by a public agency because the retired person has specialized skill needed in performing work of limited duration; and WHEREAS, as a CalPERS retired annuitant under Government Code Sections 21224(a) and 7522.56(c), Employee possesses extensive professional experience in municipal finance and budgeting and therefore has specialized skills to perform services critically-needed by the City under this Agreement; and
WHEREAS, Employee recently retired from the position of Finance Director for the City, with a retirement date of less than 180-days prior to the commencement of employment pursuant to this Agreement; and
WHEREAS, pursuant to Cal. Government Code § 7522.56(f), a retired person shall not be employed as a retired annuitant for a period of 180 days following the date of retirement, unless he or she meets one of several exceptions, including that “[t]he employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting[;]” and
WHEREAS, concurrent with the approval of this Agreement, the City Council adopted Resolution No. XX-XX, certifying the nature of Employee’s employment and that the appointment is necessary to provide critically needed services in the Finance Department before 180 days have passed since Employee’s retirement; and
WHEREAS, CalPERS requires in order “[t]o secure a 180-day wait period exception, the employer must submit the resolution-certification package and a copy of the retiree’s employment agreement or personnel appointment document to CalPERS before the first day of employment[;]” and
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WHEREAS, Employee acknowledges that employment pursuant to this Agreement is atwill and of a limited duration for a definite period of time, as described below; and WHEREAS, the City desires to hire Employee as an at-will, part-time employee in order to provide critically needed special project or a limited duration of time; and WHEREAS, the Parties wish to establish the terms and conditions of Employee’s services to the City, as described in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:
AGREEMENT
Section 1: TERM
The term of this Agreement shall commence on May 22, 2023, and shall automatically terminate on May 21, 2024, unless terminated prior to this date by either Party (“Term”).
Accordingly, the Term will in no event exceed the 960-hour per fiscal year limit under Government Code Section 21224(a). Employee acknowledges she is an at-will, limited duration extra-help/special project employee who may be terminated, with or without cause, and with or without notice, at any time by the City Manager. May 22, 2023, shall be Employee’s “Hire Date” for purposes of this Agreement.
Section 2: DUTIES, RESPONSIBILITIES, AND WORK HOURS
A. Employee shall be appointed to perform extra-help/special project work critically needed by the City’s Finance Department to maintain basic operations for a limited duration of time. The special project work will consist of the following tasks:
Responding to a state audit.
Implementing new City-wide software that is used for a critical function in the Finance Department (Measure U).
Providing City financial information and analysis to be used in negotiations with two bargaining groups.
Beginning implementation of a class and comp study.
Initiating budget preparation for the upcoming fiscal year.
B. Employee acknowledges that City Hall is open Monday through Friday from 8:30 a.m. to 5:00 p.m., including a standard one hour lunch period. Employee shall work under the direction of the City Manager and Deputy City Manager- Internal Services. Subject to the Term as stated in Section 1 of this Agreement, Employee shall work the number of hours each week as directed and authorized by the Deputy City Manager – Internal Services, anticipated to be 15-20 hours per week, provided that Employee shall not work more than forty (40) hours in a single week.
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C. All data, studies, reports, and other documents prepared and/or reviewed by Employee while performing her duties during the Term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law. Such materials, without the prior written consent of the City Manager or designee, shall not be used by Employee for any purpose other than the performance of her duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law.
Section 3: COMPENSATION AND BENEFITS
A. The City agrees to compensate Employee at the hourly rate of Ninety-Five dollars and ninety cents ($95.90), which is within hourly compensation range for the Project Manager III, the position which includes duties most comparable to those specific tasks that will be performed by Employee under this Agreement. The current hourly compensation range for the position of Project Manager III is $60.24 per hour to $95.90 per hour.
B. Employee shall not be eligible for any other benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate.
Section 4: RESIGNATION/TERMINATION
A. Employee may resign at any time; provided, however, Employee shall reasonably provide the City Manager with at least two (2) weeks advance written notice.
B. Employee is an at-will employee and serves at the will and pleasure of the City Manager and may be terminated at any time, with or without cause, and with or without notice.
C. After Notice of Resignation or Termination, Employee shall cooperate with the City, as requested by the City, to effect a transition of Employee’s responsibilities and duties and to ensure that the City is aware of all matters being handled by Employee.
D. Employee shall not be entitled to severance pay and Employee expressly waives any and all rights with respect to severance pay.
Section 5: NOTICES
Notices required to be served pursuant to this Agreement shall be served in person or by first-class U.S. mail addressed as follows:
City
Shasa Curl, City Manager
City of Richmond_______
City Manager’s Office
450 Civic Center Plaza, Ste 300
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Richmond, CA 94804
Employee
Delmy Cuellar
Address on file with the City
Section 6: GENERAL TERMS AND CONDITIONS
The general terms and conditions of this Agreement are described as follows:
A. Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of Employee’s employment, or any other intentional or malicious conduct or gross negligence of Employee.
B. Entire Agreement. The text of this Agreement shall constitute the entire and exclusive agreement between the Parties. All prior oral or written communications, understandings, or agreements between the Parties not set forth herein shall be superseded in total by this Agreement. No amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Manager.
C. Assignment. This Agreement is not assignable by either the City or Employee.
D. Severability. In the event any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the Parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be illegal or void are wholly inseparable from the remaining portions of this Agreement.
E. Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times.
F. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution. Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Contra Costa County, California. Employee expressly waives any right to remove any such action from Contra Costa County.
G. Effective Date. This Agreement shall not become effective until it has been signed by Employee and approved by the City Manager.
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H. Effect of Agreement on Employee’s CalPERS Retirement Benefits. The City makes no representation on the impact, if any, this Agreement shall or may have upon her CalPERS retirement benefits, status, duties, and/or obligations. Employee acknowledges that in entering into this Agreement, she has not relied upon any such representations (none of which being in existence) in assessing the CalPERS-related impact of her employment. Therefore, Employee releases the City from any and all CalPERS-related claims or liabilities that may arise in connection with her employment pursuant to this Agreement.
I. Employee Certifications. Employee expressly certifies and warrants to the City that she has not received any unemployment insurance payments for retired annuitant work for any public employer within the 12 months prior to her appointment date. Employee certifies that she has reached “Normal Retirement Age” as defined by CalPERS. Employee certifies that she did not receive a golden handshake or other employer incentive to retire.
J. Compliance With 960 Hours Per Fiscal Year Limit. Employee further certifies and warrants to the City that her anticipated work schedule of 15-20 hours per week will not cause her to exceed the 960 hours per fiscal year limit pursuant to Government Code Section 21224(a), including work for any other CalPERS employer during the current fiscal year.
K. Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 1090, 1125, and 87100 et seq. of the Government Code, and all other similar statutory and administrative rules.
L. Independent Legal Advice. The City and Employee represent and warrant to each other that each had the opportunity to receive legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, that each has carefully reviewed this entire Agreement, that each and every term thereof is understood, and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
IN WITNESS WHEREOF, the City of Richmond has caused this Agreement to be signed and executed on its behalf by its City Manager, and executed by the Employee.
CITY OF RICHMOND,
Dated: ___________________________ __________________________________ Shasa Curl, City Manager
EMPLOYEE,
In signing this Agreement, Employee understands and agrees that she is an at-will, parttime employee and that her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of 2197
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Richmond which might otherwise apply to classified or other employees of the City. Employee further acknowledges that she was given the opportunity to consult with an attorney prior to signing this Agreement.
Dated: ___________________________ Signed: ___________________________ Delmy Cuellar, Employee
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