April 7, 2026, Item #10
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Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
April 7, 2026
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resources and Risk Management 4'}- Eric Heidemann, Director of Public Works f--~ ~
Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 or [email protected]
Eric Heidemann, Director of Public Works
(858) 668-4716 or [email protected]
Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant The City of Poway's Contract Specialist/Inspector, Jeffrey Zamora, retired on January 18, 2026, after more than 23 years of service. As part of the Facilities Maintenance/Landscape Maintenance Districts division of the Public Works Department, Mr. Zamora administered and oversaw a variety of service and maintenance contracts and performed inspections to ensure contractor compliance for public improvement projects and City services, including lighting and traffic signals, facility maintenance, janitorial services, security and fire alarm systems, bus stops, fire extinguishers, and parks and landscapes.
Due to a temporary staffing gap within the Facilities Maintenance/Landscape Maintenance Districts division, and to maintain continuity of essential services and keep project timelines on track, the City seeks to temporarily hire Mr. Zamora as a retired annuitant. To do so, the governing body must waive the CalPERS-required 180-day wait period for hiring a retired annuitant. This temporary appointment will help ensure that ongoing work is supported until regular staffing levels are restored.
Recommended Action:
It is recommended the City Council approve the resolution, pursuant to Government Code Sections 7522.56 and 21221 (g), approving the waiver of the 180-day wait period for the newly retired Contract Specialist/Inspector to temporarily work as a retired annuitant until staffing levels are restored.
Discussion:
California Government Code Sections 7522.56 and 21221 (g) authorize the City to employ a retired 1 of 6
April 7, 2026, Item #10
Cal PERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non-safety retired annuitant is not eligible to be employed by a CalPERS contracting agency for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to ensure essential services are delivered before 180 days has passed.
Fortunately, Mr. Zamora has agreed to temporarily work as a retired annuitant as extra help to ensure work is completed and project timelines are met while the City addresses the temporary staffing gap.
During this period, he will continue supporting essential contract oversight and inspection activities, including work related to storm drain improvements, street maintenance, and traffic control signal upgrades. His long record of successfully completing City projects that enhance community safety and service reliability demonstrates his ability to continue this critical work within the Facilities Maintenance/Landscape Maintenance Districts division until regular staffing is restored.
To comply with the Government Code and allow Mr. Zamora to work as a retired annuitant, the City must submit to Cal PERS a copy of the approved and executed resolution and the publicly available salary schedule listing the comparable or vacant position.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The total estimated cost to hire Jeffrey Zamora as a retired annuitant for the position of Contract Specialist/Inspector is anticipated not to exceed $48,000. Sufficient funds are available in the department's budget to cover the expenses for the remainder of the current fiscal year.
Public Notification:
None.
Attachments:
A. Resolution
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
April 7, 2026, Item #10
RESOLUTION NO. 26-
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(9)
WHEREAS, in compliance with Government Code section 7522.56 of the Public Employees' Retirement Law, the Poway City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; WHEREAS, Jeffery Zamora retired from the City of Poway as a Contract SpecialisUlnspector on January 18, 2026;
WHEREAS, Jeffery Zamora has served the City of Poway for more than 23 years, administering and overseeing a wide range of service and maintenance contracts and conducting inspections, which have enhanced public safety and improved the quality of life for the Poway community;
WHEREAS, Government Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is July 17, 2026, 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 Jeffrey Zamora certify that Jeffrey Zamora has not and will not receive a Golden Handshake or any other retirement-related incentive;
WHEREAS, an appointment under Government Code section 21221 (g) requires the retiree be appointed for a limited duration not to exceed one year; WHEREAS, the Poway City Council hereby appoints Jeffrey Zamora as an extra help retired annuitant to perform the duties of the Contract Specialist/Inspector for the City of Poway under Government Code section 21221(9), effective April 7, 2026; WHEREAS, the entire employment agreement between Jeffrey Zamora and the City of Poway has been reviewed by this body and is attached herein as Exhibit A; 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 CalPERS 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;
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April 7, 2026, Item #10
Resolution No 26-
WHEREAS, per the current City of Poway Non-Safety/Teamsters Salary Schedule the minimum monthly base salary for this position is $6,521 and the hourly equivalent is $37.6187, and the maximum monthly base salary for this position is $7,925 and the hourly equivalent is $45.7256;
WHEREAS, the hourly rate paid to Jeffrey Zamora will be the maximum hourly amount of the current range, which is indicated above; and
WHEREAS, Jeffrey Zamora has not and will not receive any other benefit, incentive, compensation in lieu of benefit from the City of Poway 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 Jeffrey Zamora is necessary to fill the critically needed position of Contract Specialist/Inspector for the City of Poway beginning April 7, 2026, because Mr.
Zamora has specialized skills as a retired annuitant, which are needed to maintain continuity of essential services and keep project timelines on track.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 7th day of April, 2026 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
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April 7, 2026, Item #10
EXHIBIT A
Resolution No. 26-
CITY OF POWAY
Retired Annuitant -Employment Agreement
Government Code (GC) sections 7522.56, 21221 (g) and 21224 permit employees who retire and receive CalPERS retirement benefits to accept limited, post-retirement, employment without reinstatement or loss or interruption of benefits. A retired person (Retired Annuitant), whose employment without reinstatement is authorized by Government Code Sections 7522.56, 21221 (g) and 21224, shall acquire no service credit or retirement rights unless she reinstates from retirement.
I. Conditions of Limited Appointment
Post-retirement service must be attributable to either an emergency event (to prevent stoppage of public business) or the Retired Annuitant has skills needed to perform work of limited duration (GC 7522.56.c).
II. Length of Appointment
Retired Annuitants are restricted to working a maximum of 960 hours within a fiscal year (GC 7522.56.d) and both the City and the Retired Annuitant are responsible for tracking hours of employment. Starting April 07, 2026, Jeffrey Zamora will serve as a Contract Specialist/Inspector to provide extra help and assist the City with coverage and services in the Facilities Maintenance division.
Employing a retiree in excess of the 960 hours limit per fiscal year may jeopardize the retiree's retirement benefits ~nd/or require reinstatement from retirement.
Jeffrey Zamora will immediately notify the City of Poway should they perform work as a Retired Annuitant for any other CalPERS member agency during the term of this agreement. __ (Initials)
Ill. Compensation
The rate of pay for these services shall be no less than the minimum and no more than the maximum rate of pay for other employees performing comparable functions (GC 7522.56.d). Based upon the approved Salary Schedule for classifications within the Non-Safety group, the City's hourly rate of pay for a Contract Specialist/Inspector from $37.6187to $45.7256. For the term of this agreement, Jeffrey Zamora will be compensated at an hourly rate of $45.7256, which is within the approved, allowable pay range for this position.
Retired Annuitants are not eligible for any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hour pay rate including holidays, sick leave, vacation or any employee leave or benefit program.
IV. Unemployment Insurance Compensation
Retired Annuitants are ineligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment, the Retired Annuitant received any unemployment insurance compensation arising out of prior employment with a public employer (GC 7522.56.e.1 ). Furthermore, 5 of 6
April 7, 2026, Item #10
Resolution No. 26-
a Retired Annuitant that accepts employment, and has received unemployment insurance compensation within the 12-month period preceding employment, must terminate employment effective the last day of the current payroll period. The Retired Annuitant shall not be eligible for reappointment for a period of 12 months following the termination date (GC 7522.56.e.2).
In accordance with these provisions, Jeffrey Zamora has not received unemployment insurance compensation during the 12-month period preceding this appointment. __ (Initial) V. 180-Day Rule
A Retired Annuitant is not eligible to be employed for a period of 180 days following the date of retirement, unless one of the following conditions is satisfied for a local government agency:
• The City of Poway 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. The appointment may not be placed on a consent calendar. (GC 7522.56 (f)1)
• The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (GC 7522.56(f)4) Additionally, a Retired Annuitant who accepted a retirement incentive upon retirement shall not be eligible for employment for a period of 180 days following the date of retirement and the provisions of GC 7522.56(f) shall not apply. (GC 7522.56(9))
Hiring a retiree prior to their meeting the required waiting periods may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement.
Jeffrey Zamora retired from public service effective January 18, 2026. The City of Poway City Council approved a 180-day waiver in compliance with Government Code Sections 7522.56, 21221 (g) and 21224 on April 7, 2026 per statutory requirements. __ (Initials) VI. Acknowledgement and Agreement
I, Jeffrey Zamora, Retired Annuitant, accept a limited appointment as a Contract Specialist/Inspector with the City of Poway. By signing this agreement, I acknowledge that I am in compliance with the statutory provisions contained herein, and I further agree to maintain compliance for the duration of this agreement.
Retired Annuitant
Approved By:
Director of Human Resources/Risk Management
City of Poway
City Manager
City of Poway
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