HomeMy WebLinkAboutCC RES 25-76
RESOLUTION NO. 25-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE POST-RETIREMENT EMPLOYMENT OF
ROBERT HERNANDEZ SOONER THAN 180 DAYS AFTER RETIREMENT
WHEREAS, in compliance with Government Code section 7522.56 of the Public
Employees’ Retirement Law, the City Council of the City of Tustin must provide CalPERS
this certification resolution when hiring anon-public safety officer retiree before 180 days
has passed since his or herretirement date; and
WHEREAS, Robert R. Hernandez, CalPERS ID 7090041092, will retire from the
City of Tustin in the position of Water Meter Reader, with a CalPERS retirement date of
December 26, 2025; 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
25, 2026 without this 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 Robert R. Hernandez certify
that Robert R. Hernandez has not and will not receive a Golden Handshake or any other
retirement-related incentive; and
WHEREAS, the City Council hereby appoints Robert R. Hernandez as a retired
annuitant to fill the critically needed extra help assignment of training the next employee
hired into the classification of Water Meter Reader for the City of Tustin under
Government Code section 21224; and
WHEREAS, the entire appointment document between Robert R. Hernandez 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; and
WHEREAS, the compensation paid to retired annuitants 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 classification is currently $40.38 per
hour and the minimum base salary for this classification is currently $29.99 per hour; and
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Resolution 25-76
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WHEREAS, the hourly rate paid to Robert R. Hernandez will be $40.38; and
WHEREAS,Robert R. Hernandezhas 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 Councilhereby certifies
the nature of the employment of Robert R. Hernandezas described herein and detailed
in the attached personnel appointment document and that this appointment is necessary
to fill the critically needed extra help assignment of training the next employee hired into
or transferred into the classification of Water Meter Reader for the City of Tustin by
January 15, 2026 or the day new Water Meter Reader to be trained by Robert R.
Hernandez begins work for the City of Tustin, whichever is later. The City employs only
two Water Meter Readers, both of whom have been in the role for over a decade and
have developed extensive institutional knowledge of the City’s routes, systems, and field
practices. With one of these employees retiring, the City will be hiring its first new Water
Meter Reader since 2010. A new employee will need focused, hands-on training to
become proficient in navigating established routes, using meter reading equipment and
software, and applying field safety and customer service practices. Temporarily
appointing Robert R. Hernandezas a retired annuitant will allow the Cityto transfer this
specialized knowledge in a structured way, while the remaining Water Meter Reader
continuesto perform ongoing operational duties and maintain timely, accurate meter
reading and billing.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
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Tustin held on the16day of December 2025.
_____________________________
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICAN.YASUDA,
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
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Resolution 25-76
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STATE OF CALIFORNIA)
COUNTY OF ORANGE)SS
CITY OF TUSTIN)
I, Erica 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. 25-76was duly passed
th
and adopted at a regular meeting of the Tustin City Council, held on the 16day of
December 2025, by the following vote:
COUNCILMEMBER AYES:Lumbard, Schnell, Gallagher, Fink, Nielsen(5)
COUNCILMEMBER NOES:(0)
COUNCILMEMBER ABSTAINED:(0)
COUNCILMEMBER ABSENT:(0)
COUNCILMEMBER RECUSED:(0)
____________________________
ERICA N. YASUDA,
City Clerk
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Resolution 25-76
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