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379 <br /> <br />RESOLUTION NO. 92-061 <br /> <br />4/3/92 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA DELEGATING AUTHORITY <br />TO THE CITY MANAGER TO MAKE DISABILITY <br />RETIREMENT DETERMINATIONS AND PROVIDING <br /> FOR APPEAL PROCEDURES <br /> FOR LOCAL SAFETY MEMBERS OF THE <br /> PUBLIC EMPLOYEES RETIREMENT SYSTEM <br /> <br /> WHEREAS, the City of Santa Ana (hereinafter referred to <br />as "Agency") is a contracting agency of the Public Employees' <br />Retirement System ("PERS"); and <br /> <br /> WHEREAS, Government Code Section 21034 provides that the <br />governing body of a contracting agency may delegate authority or <br />duty imposed or conferred by Title 2, Division 5, Part 3, <br />Chapter 5, Article 3 of the Government Code (commencing with <br />Section 21020) to a subordinate officer subject to such conditions <br />as may be imposed; and <br /> <br /> WHEREAS, on December 17, 1985, the city Council passed <br />and adopted Resolution No. 85-157, delegating to the City Manager <br />in Section 1 of said Resolution the authority or duty to make PERS <br />disability retirement determinations as that duty is conferred on <br />the city Council by Title 2, Division 5, Part 3, Chapter 5, Article <br />3 of the Government Code (commencing with Section 21020) pursuant <br />to Section 21034 of the Government Code; and <br /> <br /> WHEREAS, Section 2 of Resolution No. 85-157, as amended <br />by Resolution No. 87-56, passed and adopted by the City Council on <br />July 7, 1987, provided for an appeal of the City Manager's decision <br />to the City Council; and <br /> <br /> WHEREAS, Government Code Section 21025 was amended, <br />effective January 1, 1992 (Stats. of 1991, Ch. 1159) to require <br />contracting agencies to conduct a hearing in accordance with the <br />Administrative Procedures Act, Title 2, Division 3, Part 1, Chapter <br />5 of the Government Code (commencing with Section 11500) when a <br />local safety member of PERS appeals the decision of the contracting <br />agency; and <br /> <br /> WHEREAS, the city Council of the city of Santa Ana now <br />desires to conform to the amended version of Government Code <br />Section 21025 and to set forth the procedure for appeal of a <br />determination by the City Manager of the disability retirement of <br />the City's local safety members of PERS. <br /> <br /> <br />