City Council Staff Report Page 1 of 3 January 27, 2026
Staff Report
Agenda Item No. 4.3
DATE: January 27, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
SUBJECT: Adopt a Resolution Approving an Exception to the 180-Day Waiting Period for Post-Retirement Employment of Jacquelyn Acosta to Fill the Critically Needed Position of Extra Help for the Finance Director Pursuant to Government Code Sections 7522.56(f)(1) and 21224 and Approve an Employment Agreement with Jacquelyn Acosta to Serve as Extra Help to the Finance Director
EXECUTIVE SUMMARY
Staff recommends that the City Council adopt a resolution approving an exception to the 180-day waiting period for post-retirement employment of Jacquelyn Acosta to fill the critically needed position of extra help for the Finance Director pursuant to Government Code Sections 7522.56(f)(1) and 21224 and approve an Employment Agreement with Jacquelyn Acosta to serve as extra help to the Finance Director.
STRATEGIC PLAN ALIGNMENT
This item is not directly related to the strategic plan.
BACKGROUND
Jacquelyn Acosta (“Acosta”) retired from the City in the position of Finance Director, effective December 29, 2025. Ms. Acosta possesses specialized skills needed to perform certain work that the City’s Finance Department must carry out as information is transferred to newly hired employees.
Ms. Acosta also possesses knowledge that will need to be documented and transferred to the newly hired Finance Director, related to:
• Audit 401(a) benefits.
• Review and reconcile CALGOVEBA (California Government Voluntary Employee Beneficiary Association), a health benefits trust for California public sector employees.
• Update the Finance Director on the upcoming Dispatch Agreement renewal with the city of Fremont.
Agenda Item No. 4.3
City Council Staff Report Page 2 of 3 January 27, 2026 3 9 • Prepare detailed instructions for Finance staff outlining tasks and timelines for the new Union Landing Property Business Improvement District transition of services.
• Assist in completing retirement benefit analysis.
• Work with Finance staff to review Cannabis Community Benefit calculations. • Evaluate grant and other fund sources and propose recommendations to support long-term operations.
• Compile the FY2025–26 vehicle replacement list based on discussions with Public Works.
• Provide information needed to complete the Underground Storage Tank annual certifications.
• Prepare other time-critical finance projects and analyses.
DISCUSSION
Government Code Section 7522.56(f) requires a 180-day waiting period before a retired annuitant can be employed by a CalPERS agency unless the nature of the employment meets one of the exceptions and is approved via resolution by the governing body. In this case, the nature of Acosta’s recommended appointment will be as extra help for the Finance Director, assisting with the projects identified above.
Acosta possesses the specialized skills needed to perform this work, and this appointment qualifies for an exception under Government Code section 7522.56(f). As a CalPERS extra help retired annuitant, she will qualify for this exemption based on her role performing work of limited duration (no more than 960 hours per fiscal year), including the elimination of backlogs, limited-term special project work, and/or work in excess of what regular permanent staff can do. In this instance, this limited-term special project relates to assisting with the projects identified above, as well as other projects assigned, for which Acosta is uniquely qualified from her years of experience working for the City.
For the City Council to approve the proposed Employment Agreement with Acosta (Exhibit No. 2), the City Council must first adopt a Resolution making specific findings related to hiring a retired annuitant subject to CalPERS regulations contained in Government Code Section 21224. The terms of the Employment Agreement state that the term is limited to June 30, 2026, and that the hourly rate is $124.37 per hour. Such terms are in conformance with CalPERS regulations.
FISCAL IMPACT
Sufficient funding is available within the Finance Department FY 2025-2026 Adopted Budget to fund this retiree annuitant Employment Agreement with Jacquelyn Acosta due to the vacant Accounting Manager position.
RECOMMENDATION
Staff recommends that the City Council:
1) Adopt a Resolution approving an exception to the 180-day waiting period for post-retirement employment of Jacquelyn Acosta to fill the critically needed position of extra help for the Finance Director pursuant to Government Code Section 7522.56(f)(1); and
Agenda Item No. 4.3
City Council Staff Report Page 3 of 3 January 27, 2026 3 9 2) Approve an Employment Agreement with Jacquelyn Acosta to serve as Extra Help to the Finance Director.
Prepared by: Kristopher Kokotaylo, City Attorney
Submitted by: Kristopher Kokotaylo, City Attorney
Attachments
1. Draft Resolution
2. Annuitant Agreement – Jacquelyn Acosta