HomeMy WebLinkAboutCC RES 24-71Docusign Envelope ID: 5F38FOE1-4AOF-49DF-9DE3-B9499216A8AE
RESOLUTION NO. 24-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE POST -RETIREMENT EMPLOYMENT OF
KEN NISHIKAWA SOONER THAN 180 DAYS AFTER RETIREMENT
WHEREAS, in compliance with Government Code section 7522.56 of the Public
Employees' Retirement Law, the City Council must provide CalPERS this certification
resolution when hiring a retiree before 180 days has passed since their retirement date;
and
WHEREAS, Ken K. Nishikawa, CalPERS ID 1602272402, will retire from the City
of Tustin in the position of Deputy Director of Public Works / City Engineer, effective
December 7, 2024; and
WHEREAS, Government Code section 7522.56 requires that post -retirement
employment commence no earlier than 180 days after the retirement date, which is June
5, 2025 unless the City Council adopts a certification resolution; and
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;
and
WHEREAS, the City Council, the City of Tustin, and Ken K. Nishikawa certify that
Ken K. Nishikawa has not and will not receive a Golden Handshake or any other
retirement -related incentive; and
WHEREAS, the City Council hereby appoints Ken K. Nishikawa as an extra help
retired annuitant to perform duties of a Deputy Director of Public Works — Engineering for
the City of Tustin under Government Code section 21224, effective December 10, 2024;
and
WHEREAS, the entire employment agreement, contract or appointment document
between Ken K. Nishikawa and the City of Tustin has been reviewed by this body and is
attached hereto; 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 that Ken K. Nishikawa may be employed by as of December 10,
2024; and
Resolution 24-71
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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; and
WHEREAS, the maximum base salary for this position is currently $95.62 per hour
and the minimum base salary for this position is currently $71.02 per hour; and
WHEREAS, the hourly rate paid to Ken K. Nishikawa will be $95.62; and
WHEREAS, Ken K. Nishikawa has not and will not receive any other benefit,
incentive, compensation in lieu of benefit or other form of compensation in addition to this
hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby certifies
the nature of the employment of Ken K. Nishikawa as described herein and detailed in
the attached personnel appointment documents and that this appointment is necessary
to fill the critically needed position of Deputy Director of Public Works — Engineering for
the City of Tustin by December 10, 2024. Over the past year, the City has experienced
significant turnover in the Engineering Division of the Public Works Department. Mr.
Nishikawa has significant institutional knowledge and technical expertise in private and
public land development engineering and has been essential in the development of Tustin
Legacy. Mr. Nishikawa's continued services are needed immediately to assist with the
coordination of approximately $90 million in critical capital improvement projects
throughout Tustin Legacy, with projects in varying stages of design and/or construction,
over the next two years. Mr. Nishikawa is uniquely qualified to assist with these high -
profile development activities, which require complex construction sequencing and
coordination of overlapping projects. Mr. Nishikawa also has the technical ability and
experience to support key City initiatives like the Tustin Legacy Specific Plan Amendment
and subsequently update technical documents to support City land development
objectives.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 1 st day of October 2024.
Signed by:
AU McLUMBARD,
Mayor
ATTEST:
DS
Signed by:
tpi(&
uAsyJA
E R °P 0#ASVJ DA,
City Clerk
Resolution 24-71
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APPROVED AS TO FORM:
DocuSigned by:
7�'Z'79
DAVtD8EF3WENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 24-71 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 1st day of October
2024, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
Signed by: Ds
`t'�V'i(& a.SVJ a
ER gNFYIASUDA,
City Clerk
Lumbard, Gallagher. Clark, Gomez (4)
(0)
(0)
Schnell (1)
(0)
Resolution 24-71
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