HomeMy WebLinkAbout93-059 - Provisions of the State of California's Administrative Procedures Act. O45
RESOLUTION NO. 93-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA DELEGATING, TO THE CITY MANAGER,
CERTAIN POWERS AND AUTHORITY GIVEN THE CITY
COUNCIL UNDER CERTAIN PROVISIONS OF THE STATE
OF CALIFORNIA'S ADMINISTRATIVE PROCEDURES ACT
(GOVERNMENT CODE S§ 11500-11528)
WHEREAS, the City of Santa Ana is a contacting agency of the
Public Employees' Retirement System ("PERS"); and
WHEREAS, the provisions governing disability retirements of
local safety members are contained in California Government Code §§
21020-21034; and
WHEREAS, Government Code § 21025 provides that when a local
safety member files a disability retirement application with PERS,
the governing body of the contracting agency (the City Council)
shall determine whether or not the local safety member is
incapacitated for the performance of duty; and therefore eligible
for disability retirement;
WHEREAS, Government Code § 21034, enacted into law in 1975,
permits the City Council, in such cases, to delegate its authority
to make such eligibility determinations to a subordinate officer
subject to such conditions as the City Council may impose;
WHEREAS, by the adoption of Resolution No. 85-157 (as amended
by Resolution No. 87-56) and Resolution No. 92-061, the City
Council, pursuant to Government Code ~ 21034, delegated to the City
Manager, and his or her delegate, the authority to make the initial
determination of whether a local safety member is eligible for PERS
disability retirement; and
WHEREAS, in 1991, Government Code § 21025 was amended to
provide that the appeal of any local safety member, who has
received an adverse decision by the City Manager, or his or her
delegatee, of the local safety member's disability retirement
application, shall be conducted by an Administrative Law Judge
("ALJ") of the State of California's office of Administrative
Hearings pursuant to Government Code §§ 11500-11528; and
WHEREAS, Government Code § 11500, subd. (a), permits the City
Council to delegate its authority, powers and duties under any or
all of sections 11500-11528 to a subordinate official; and
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RESOLUTION 93-059 '
Page 2
WHEREAS, the City Council of the City of Santa Ana now wishes
to delegate to the City Manager the authority, powers and duties
granted to it under Government Code S§ 11517, subds. (b) through
(e); 11518; 11519; 11520; 11521; 11523; 11524; 11525; 11527; and
11528.
HOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS FOLLOWS:
1. The City Council, as the governing body of the City of
Santa Ana, a contracting agency of PERS, regarding proposed
decisions rendered by ALJ's in cases of disability retirement
appeals of local safety members, hereby delegates to the City
Manager the authority, powers and rights granted to it under the
following code sections, as presently phrased or as hereafter may
be amended: (a) Government Code § 11517, subds. (b) through (e),
inclusive; (b) Government Code ~ 11518; (c) Government Code §
11519; (d) Government Code ~ 11520; (e) Government Code § 11521;
(f) Government Code ~ 11523; (g) Government Code ~ 11524; (h)
Government Code S 11525; (i) Government Code § 11527; and (j)
Government Code § 11528. Whenever, in the above-referenced code
sections, the terms "agency" or "agency itself" are used, such term
or terms shall refer to and mean the City Manager.
2. The authority so delegated to the City Manager may be
exercised by any officer of the City deputized to exercise any and
all authority granted to the office of the City Manager by charter
and ordinances of the City of Santa Ana, by Resolution No. 90-109,
or by any resolution or agreement superseding Resolution No. 90-
109.
ADOPTED this 21st day of June , 1993.
ATTEST:
Da~i~ H~. Young~ /
Mayor
COUNCILMEMBERS:
Young Absent
Pulido Aye
Lutz Aye
Mills Ave
Moreno Ave
Norton Nay
Richardson Aye
APPROVED AS TO FORM:
City Attorney
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CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
l, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
a]..~ .-. O 5'~ to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date: ~/~--- ~' ~
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City of Santa An~Ci~