Res 23-061RESOLUTION NO. 23-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FOR A 180-DAY WAITING PERIOD
EXCEPTION TO HIRE A RETIRED ANNUITANT PURSUANT TO
GOVERNMENT CODES SECTIONS 7522.56 AND 21221(h)
WHEREAS, in compliance with Government Code section 7522.56 of the Public
Employees' Retirement Law, the Poway City Council must provide CaIPERS this certification
resolution when hiring a retiree before 180 days has passed since their retirement date;
WHEREAS, Larry Lyford is retiring from the Helix Water District as the Water Treatment
Plant Manager, effective December 15, 2023;
WHEREAS, Larry Lyford has worked in the water industry for more than 46 years, and
has held the position of Water Treatment Plant Manager;
WHEREAS, Government Code section 7522.56 requires that post -retirement employment
commence no earlier than 180 days after the retirement date, which is June 15, 2024, without this
certification resolution;
WHEREAS, Government 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;
WHEREAS, the Poway City Council, the City of Poway and Larry Lyford certify that Larry
Lyford has not and will not receive a Golden Handshake or any other retirement -related incentive;
WHEREAS, an appointment under Government Code section 21221(h) requires the
retiree is appointed into the interim appointment during recruitment for a permanent appointment;
WHEREAS, the governing body has authorized the search for a permanent appointment
in November 2023;
WHEREAS, the Poway City Council hereby appoints Larry Lyford as an interim
appointment retired annuitant to the vacant position of Water Treatment Plant Manager through
a contracting business, Operational Technical Services, for the City of Poway under Government
Code section 21221(h), effective December 16, 2023;
WHEREAS, this Government Code section 21221(h) appointment shall only be made
once and therefore will end once the position has been filled with a permanent replacement;
WHEREAS, no matters, issues, terms or conditions related to this employment and
appointment have been or will be placed on a consent calendar;
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CaIPERS
employers;
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;
Resolution No. 23-061
Page 2
WHEREAS, per the current City of Poway Management/Confidential Salary Schedule the
minimum monthly base salary for this position is $10,697 and the hourly equivalent is $61.7159,
and the maximum monthly base salary for this position is $13,003 and the hourly equivalent is
$75.0160;
WHEREAS, the hourly rate paid to Larry Lyford will be within the range indicated above,
which was approved by the City Council on November 7, 2023;
WHEREAS, Larry Lyford has not and will not receive any other benefit, incentive,
compensation in lieu of benefit from the City of Poway or Operational Technical Services or other
form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, BE IT RESOLVED THAT the Poway City Council hereby certifies
the nature of the employment of Larry Lyford is necessary to fill the critically needed position of
Water Treatment Plant Manager for the City of Poway beginning December 16, 2023, because
Mr. Lyford has specialized skills as a retired annuitant, which are needed over the next several
months to oversee the water treatment plant in the City of Poway.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Poway, California on the 5th day of December 2023, by the following vote, to wit:
AYES: EDMONDSON, PEPIN, FRANK, VAUS
NOES: NONE
ABSTAINED: NONE
ABSENT: DE HOFF
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, Cit Clerk