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. O45 <br /> <br />RESOLUTION NO. 93-059 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA DELEGATING, TO THE CITY MANAGER, <br />CERTAIN POWERS AND AUTHORITY GIVEN THE CITY <br />COUNCIL UNDER CERTAIN PROVISIONS OF THE STATE <br />OF CALIFORNIA'S ADMINISTRATIVE PROCEDURES ACT <br />(GOVERNMENT CODE S§ 11500-11528) <br /> <br /> WHEREAS, the City of Santa Ana is a contacting agency of the <br />Public Employees' Retirement System ("PERS"); and <br /> <br /> WHEREAS, the provisions governing disability retirements of <br />local safety members are contained in California Government Code §§ <br />21020-21034; and <br /> <br /> WHEREAS, Government Code § 21025 provides that when a local <br />safety member files a disability retirement application with PERS, <br />the governing body of the contracting agency (the City Council) <br />shall determine whether or not the local safety member is <br />incapacitated for the performance of duty; and therefore eligible <br />for disability retirement; <br /> <br /> WHEREAS, Government Code § 21034, enacted into law in 1975, <br />permits the City Council, in such cases, to delegate its authority <br />to make such eligibility determinations to a subordinate officer <br />subject to such conditions as the City Council may impose; <br /> <br /> WHEREAS, by the adoption of Resolution No. 85-157 (as amended <br />by Resolution No. 87-56) and Resolution No. 92-061, the City <br />Council, pursuant to Government Code ~ 21034, delegated to the City <br />Manager, and his or her delegate, the authority to make the initial <br />determination of whether a local safety member is eligible for PERS <br />disability retirement; and <br /> <br /> WHEREAS, in 1991, Government Code § 21025 was amended to <br />provide that the appeal of any local safety member, who has <br />received an adverse decision by the City Manager, or his or her <br />delegatee, of the local safety member's disability retirement <br />application, shall be conducted by an Administrative Law Judge <br />("ALJ") of the State of California's office of Administrative <br />Hearings pursuant to Government Code §§ 11500-11528; and <br /> <br /> WHEREAS, Government Code § 11500, subd. (a), permits the City <br />Council to delegate its authority, powers and duties under any or <br />all of sections 11500-11528 to a subordinate official; and <br /> <br />0 <br />0 <br /> <br />0 <br /> <br /> <br />