HomeMy WebLinkAboutAmendment-76-108Aj*Va+M1T TO CONTRACT B.nn'1=1 TIM
BOARD OF AMIDIISTRATION
PUBLIC �•4'LO1 ' Nom' TIi "IT SY5TF.64
%AND THE
CITY COUNCIL
OF M
CITY OF SANTA ANA
The Board of Administration, public Employees' Retirement System, hereinafter
referred to as Board and the CITY COL%ICIL cf the CITY OF SANTA ANA, hereinafter
referred to as public Agency having entered into a contract under date of November
25, 1946, effective July 19 1947, and as amended effective October 1, 1951,
February 11 1954, September 11 1956, July 1, 1959, November 11 1960, September 1,
1963, April 17 1964, February 1, 1965, January 16, .1S469, November 11 1970, and
June 19 1974, which provide for participation of I'i 1ic H ency, hereby agree
as follows:
A. The following subparagraph shall be added to Paragraph 5 of said contract:
§� (d) Section 20930.3 (providing service credit up to four years for
any continuous military or merchant marine service for persons
who are members because of employment by Public Agency).
Be, Paragraph 5.5 shall be added to said contract:
Public Agency, in accordance with Section 20740, Government Cede,
5.5 shall cease to be an "employer' for purposes of Ohapter 6 of the
Public Employees' Retirement Law effective as of the effective date
of this amendment to this contract. Accumulated contributions of
the Public Agency as of the date of such amendment snall be fixed
and determined;as provided in Section 20759, Government Code, and
such accumulated contributions and contributions hereafter made—
shall be held by the Board as provided in Section 20759,
Ment Code.
Co Paragraph 6 (a) shall be stricken from said contract and the following
paragraph shall be substituted therefor:
6. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the Public Agency shall
Contribute the following percentages of monthly salaries earned
as miscellaneous members of said System:
(1) 0.078 percent until June 30, 1960 on account of the liability
for prior service benefits.
(2) 9.050 percent on account of the liability for current service
benefits.
(3) 0.218 percent on account of the benefits provided under the
1959 Survivor program.
D.
b. With respect to local safety members, the public agency shall
contribute the following percentages of monthly salaries earned
as local safety members of said System.
(1) 0.32$ percent until June 30, 1979 on account of the liability
for prior service benefits.
(2) 23.124 percent on account of the liability for current service
benefits.
This amendment shall be attached to said contract December,shbecome effec-
tive on the 16th day of
Witness our hands this 23rd day of November, 1976
I
BOARD OF A24INISTRATION
pUBLIC E<•SPLOYaIS' RETIRlilM1T SYSTEM
Carl J. Blechinger, a;xacutive Officer
r�
Approved as to form:
v IVIm
CITY COUNCIL
OF THE
CITY OF SANTA ANA
BY�.{
Pesi'diZn (pfficer
Attest:
FLORENCE 1. MALONE
Clerk V`
Ret. Form 702-2
Ur �titi
P+iJK: nr
10-15-36
ORDINANCE NO. NS- 1332
AN ORDINANCE OF THE CITY OF SANTA ANA
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY COUNCIL OF THE CITY OF
SANTA ANA AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES RETIRE-
MENT SYSTEM
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That an amendment to the contract between
L.e-City Coun—M o7 the City of Santa Ana and the Board of Adminis-
tration, California Public Employees Retirement System is hereby
authorized, a copy of said amendment being attached hereto, marked
"Exhibit A" and by such reference made a part hereof as though
herein set out in full.
SECTION 2: The Mayor of the City Council of the City of
Santa Ana is hT ereby authorized, empowered, and directed to execute
said amendment for and on behalf of said Agency.
SECTION 3: This ordinance shall take affect 30 days
after the date of its adoption, and prior to the expiration of
15 days from the passage hereof shall be published at least once
in the Register, a newspaper of general circulation, published
and circulated in the City of Santa Ana and thenceforth and there-
after the same shall be in full force and effect.
ADOPTED, this 15th day of November 1936, by
the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN
ATTEST:
FLORENCE. I. T -1-A ALLONE
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
/5��
KEITH L. GOW, CITY ATTORNEY
Evans, Brandt, Bricken, Ortiz,
Yamamoto, Garthe, Ward.
None
None
RDRIGIINAL SIGNED BY
MAYOR
AMENDMiNT TO CONTRACT BLM1EEN THE
BOARD Or ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
`AND THE
CITY COUNCIL
OF TfiF.
CITY OF SANTA ANA
- The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board and the CITY COTTJCIL of the CITY OF SANTA ANA, hereinafter
referred to as Public Agency having entered into a contract under date of November
25; 1946, effective July 1, 1947, and as amended effective October 1, 1951,
February 1,`19549 September 11 1956, July 1, 1959, November 1, 1960, September 19
1963, April 11 1964, February 1, 1965, January 16, 1969, November 19 1970, and
June 1, 1974, which provide for participation of Public Agency, hereby agree
as follows:
A. The following subparagraph shall be added to Paragraph 5 of said contract:
5. (d) Section 20930.3 (providing service credit up to four years for
any continuous military or merchant marine service for persons
who are members because of employment by Public Agency).
B. Paragraph 5.5 shall be added to said contract:
5.5 Public Agency, in accordance with Section 20740, Government Code,
shall cease to be an "employer- for purposes of Chapter 6 of the
Public Employees' Retirement Law effective as of the effective date
Of this amendment to this contract. Accumulated contributions of
the Public Agency as of the date of such amendment shall be fixed
and determined as provided in Section 20759, Government Code, and
such accumulated contributions and contributions hereafter made
shall be held by the Board as provided in Section 207599 Govern-
ment Code.
C. Paragraph 6 (a) shall be stricken from said contract and the following
paragraph shall be substituted therefor:
6. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the Public Agency shall
-contribute the following percentages of monthly salaries earned
as miscellaneous members of said System:
(1) 0.078 percent until June 30, 1980 on account of the liability
for prior service benefits.
(2) 9.050 percent on account of the liability for current service.
benefits.
(3) 0.218 percent on account of the benefits provided under the
1959 Survivor program.
Ret. Forip 702-1
e
b. With respect to local safety members, the public agency shall
contribute the following percentages of monthly salaries earned
as local safety mbmbers of said System.
(1) 0.328 percent until June 309 1979 on account of the liability
for prior service benefits.
(2) 23.124 percent on account of the liability for current service
benefits.
D. This amendment shall be attached to said contract and shall become effec-
tive on the 16th day of December, 1976
Witness our bands this 23rd y of November, _1976,
BY
Carl J. Blechinger, Executive Officer
Approved as to form:
IV
CITY COUNCIL
OF THE
CITY OF SANTA ANA
•
Attest:
Ret. Form 702-2
d
`
CITY COUNCIL
OF THE
CITY OF SANTA ANA
•
Attest:
Ret. Form 702-2
CERTIFICATION OF FINAL
ACTION OF GOVERNING BODY
DATE: November 22, 1976
Board of Administration
Public Employees' Retirement System
P.O. Box 1953
Sacramento, California 95809
hereby certify:
That the CITY COUNCIL of the CITY OF
SANTA ANA adopted on November 15, by an affirmative
vote of a majority of the members of said governing body, ORDINANCE
No. NS -1332 approving the attached AMENDMENT TO CONTRACT
between the governing body of said Agency and the Board of Administration of the
Public Employees' Retirement System; a certified copy of ;i.+ ORDTNANCF.
in the form furnished by said Board of Administration being attached hereto,
FLORENCE L MALVrE
Cl kor Secretary—T
PERS-ACT-5 (1/74)
t
CITY OF SANTA ANA
Name of Agency
REQUEST FOR COUNCIL ACTION
PREPARED BY Director of Personnel
DATE 10/13/76 PHONE 4154
SUBJECT AMENDMENT TO P.E.R.S. CONTRACT TO
PROVIDE FOR MILITARY BUY a&QK
APP''12'
DEPARTMENT HEAD UTY CITY
RECOMMENDED ACTION
n
DATE OF COUNCIL ACTION jVe2�W�Z4,
�{ t] .G ►
i
CITY
CLERK OF THE
Approve the attached amendment to our contract with the Public Employees' Retirement
System to provide for retirement service credit up to four years for any continuous
military or merchant marine service.
BACKGROUND
The City agreed in its Memorandum of Understanding with the three employee associations
to amend its contract with P.E.R.S. to provide for military service credit. The City
Council approved all three agreements with each employee group in July 1976. On
September 7, 1976 the City Council adopted a Resolution of Intention to amend our
contract with P.E.R.S. The attached Ordinance will amend our contract to provide for
this amendment. The amendment will become effective thirty days after adoption.
Attachment
SOLUTION
QQ. e�0
m
U m
Z28
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
55.
County of Orange,
Rose Stanfield
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the
printer of The Register, a newspaper of general cir-
culation, published in the City of Santa Ana, County
of Orange, and which newspaper has been adjudged
a newspaper of general circulation by the Superior
Court of the County of Orange, State of California,
under the date of November 29, 1905, Case Num.
ber A21046; that the notice of which the annexed
is a printed copy, has been published in each reg-
ular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to.
wit:
November 29, 1976
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Executed at Santa Ana, California.
Date --- -November. 291_... ............19.76
Rose Stanfiel-d °t - Te'OK S
This space is for the County Clerk's Filing Stamp
Proof of Publication of
P11111 le • e.s Lr*vmiMEW
Paste Clipping of
Notice
SECURELY
In This Space
DSP 165 PROOF OF PUBLICATION
III
'x a �s v: 1 § C ♦ 1.
CLERK OF THE COUNCIL
20 CIVIC CENTER PLAZA • SANTA ANA • CALIFORNIA 92701
December 6, 1976
Mr. Thomas R. French
Staff Services Analyst
Public Employees' Retirement System
1416 Ninth Street, P.O. Box 1953
Sacramento, California 95809
AMENDMENT TO PUBLIC EMPLOYEES' RETIREMENT SYSTEM; YOUR
LETTER DATED SEPTEMBER 24, 1976; REFERENCE SECTION 020
As requested, we have enclosed the following documents
to complete the Amendment to the City of Santa Ana's
Contract for Military Service Credit:
1. Amendment to Contract, Form 702, fully executed
in duplicate.
2. Ordinance No. NS -1332, authorizing amendment,
certified.
3. Certification of Final Action of Governing
Body By City Council
Please return a fully executed copy for our records to this
office at your earliest convenience.
Cordially,
FLORENCE I. MALONE
CLERK OF THE COUNCIL
Cc: Suspense 12/30/76
Personnel Director
Enclosures
ORDINANCE NS -1332
P.E.R.S. CONTRACT
ADOPTED
7:0, on the motion of Councilman
man Brandt:
A-1&-laT
Council placed the
following ordinance
on second reading and
adopted it unanimously
Evans, seconded by Council -
ORDINANCE NO. NS -1332 - AN ORDINANCE OF THE CITY
OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE CON-
TRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM.
ORDINANCE NS -1334
FIGURE MODEL STUDIOS
CONTTNIIED
ordinance on second reading and adopt,
with Councilmen Bricken, Evans, Brandt
CA 50
A-76-108
The motion by Council-
man -Evans, seconded by
Councilman Yamamoto,
to place the following
failed to carry 3:4,
and Ward dissenting:
ORDINANCE NO. NS -1334 - AN ORDINANCE OF THE CITY
OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE
BY ADDING SECTIONS 12-120 THROUGH 12-135 REGULATING
FIGURE MODEL STUDIOS AND FIGURE MODELS.
Councilman Evans' motion to continue consideration of NS -1334
to the December 6 Council meeting to allow Staff to review
the ordinance with the business people it will affect was
seconded by Councilman Brandt, and carried 6:1, with Council=
man Yamamoto dissenting.
Two speakers came forward to ask for a continuance of the
matter to allow them to review the proposed ordinance and its
effect on their businesses:
Robert Kitchin, 1324 N. Grand, owner of Atlantis Modeling
Paul O'Leary, 319 E. 17th St., owner of J. Paul's Massage
and Modeling
In response to a question by Councilman Bricken; Mr. O'Leary
stated that there is no organization of models or modeling
studio owners that would be similar to the Massage Association.
CA 91
ORDINANCE NS -1335
MASSAGE ESTABLISHMENT
CONTINUED
allow Staff to review
it will affect on the
by Councilman Brandt,
moto dissenting:
Council continued the
S following ordinance
to its meeting of
December 6, 1976 to
the ordinance with the business people
motion of Councilman Evans, seconded
and carried 6:1 with Councilman Yama-
ORDINANCE NO. NS -1335 - AN ORDINANCE OF THE CITY
OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE
BY AMENDING SECTIONS 22-1 THROUGH 22-15, AND REPEAL-
ING SECTIONS 22-16 THROUGH 22-18 RELATING TO THE
REGULATION OF MASSAGE ESTABLISHMENTS, MASSAGE TECH-
NICIANS, AND THE PRACTICE OF MASSAGE..
A prior motion by Councilman Yamamoto to adopt Ordinance NS -1335
failed for lack of a second.
A continuance of the second reading of Ordinance No. NS -1335
was requested by John Di Fiore, 16631 Mt. Aaron Circle, Foun-
tain Valley, Director of Training of the Los Angeles College
of Massage and Physical Therapy, Santa Ana Branch. Mr. Di
CITY COUNCIL MINUTES 428 NOVEMBER 15, 1976
ALCOHOLIC BEVERAGE LICENSE The follow-ing Application
APPLICATION - VENTRESCA for Alcoholic Beverage
FILED License was received and
filed without protest,
because the property owner had applied fpr and received Minor
Exception 76-29 as required by the Municipal Code (Agenda
Item 5 C), on the motion of Councilman Ward, seconded by
Councilman Ortiz, and carried 5:2, with Councilmen Evans and
Yamamoto dissenting:
VENTRESCA, Arduino Dino - 2821 South
Bristol - Original Type "41" On Sale
Beer $ Wine (Bona Fide Public Eating
Place). CA 146
READING WAIVED
man Evans, Council waived full
and resolutions, the titles of
Agenda, and consideration was
On the unanimously
approved 7:0 motion
of Councilman Ward,
seconded by Council -
reading of all ordinances
which appeared on the Public
given by title only.
ORDINANCE NS -1319 The following ordinance
EMPLOYEE PROCEDURES was placed on second
ADOPTED reading and --adopted,
on the unanimously carried
7:0 motion of Councilman Evans, seconded by Councilman Ward:
ORDINANCE NO. NS -1319 - AN ORDINANCE OF THE CITY
OF SANTA ANA ESTABLISHING PROCEDURES TO BE IMPLE-
MENTED PRIOR TO THE SUSPENSION, DEMOTION OR DIS-
MISSAL OF NON -PROBATIONARY EMPLOYEES FROM THE
COMPETITIVE SERVICE. CA 50
ORDINANCE NS -1327 Council placed the follow -
AMENDMENT APPLICATION 745 ing ordinance on second
ADOPTED reading and it was adopted
5:0, on the motion of
Councilman Ward, seconded by Councilman Brandt. Councilmen
Bricken and Evans abstained from voting because they had not
been present for the public hearing held on October 26, 1976:
ORDINANCE NO. NS -1327 - AN ORDINANCE OF THE CITY
OF SANTA ANA APPROVING AMENDMENT APPLICATION NO.
745 FILED BY TUSFORD-WARMINGTON REZONING PROPERTY
FROM THE R4 (SUBURBAN APARTMENT) DISTRICT TO THE
R4 -PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT,
AND AMENDING SECTIONAL DISTRICT MAP 8-5-9. (1401
North Williams Street)
CA 10
ORDINANCE NS -1331 The following ordinance
OBSTRUCTION OF RIGHT OF WAY was placed on first read -
FIRST READING ing on the unanimously
carried 7:0 motion of
Councilman Evans, seconded by Councilman Brandt:
ORDINANCE NO. NS -1331 - AN ORDINANCE OF THE CITY
OF SANTA ANA ADDING SECTION 10-100 TO THE SANTA
ANA MUNICIPAL CODE PROHIBITING OBSTRUCTIVE MATTER
IN THE PUBLIC RIGHT-OF-WAY. CA 35
CITY COUNCIL MINUTES 427 NOVEMBER 15, 1976
To:' City Manager _
From:
Subject
Director of Personnel
Doti,__ -August
r
The attached resolution must be acted upon by the City Council before we can
proceed to amend our contract with the Public Employees' Retirement System to
provide for military service credit for retirement purposes. Upon approval of
the Resolution of intention (with attached exhibits) and Certification of
Governing Body's Action, we will receive copies of the amendment and the
documents required for final action. Final adoptionwillrequire an affirmative
vote of the majority of. the Council and will not be effective until 30 days
after final approval.
M
D. Bott
`O10--Diree ctor of Personnel
Attachment
014
...or. n erk o1 be
M7k
RESOLUTION NO. 76-106
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA DECLARING ITS INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
OF SANTA ANA
WHEREAS, the Public Employees' Retirement Law permits the
participation of public agencies and their employees in the Public
Employees_' Retirement System by the execution of a contract, and
sets forth the procedure by which said public agencies may elect
to subject themselves and their employees to amendments to said
law; and_
WHEREAS, one of the steps in the procedure to amend the con-
tract is the adoption by the legislative body of the public agency
of a resolution giving notice of its intention to approve an amend-
ment to said contract, which resolution shall contain a summary
of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
"Provide service credit up to four years
for any continuous military or merchant
marine service."
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Santa Ana gives, and it does hereby give, notice of inten-
tion to approve an amendment to the contract between the City of
Santa Ana,and the Board of Administration of the Public Employees'
Retirement System, a copy of said amendment being attached hereto,
marked "Exhibit A" and by this reference made a part hereof.
ADOPTED this 7th day of September , 1976, by the
following vote:
AYES: COUNCILMEN: Evans, Ward, Ortiz, Yamamoto, Garthe,
Brandt
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Bricken
ATTEST:
ORIGINAL SIGNED BY
FLORENCE I. MAILONE
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY
OR GIPP -r,L SIGNTED BY
01IN GARTIIE
MAYOR
,
i�t�11
AMENDMENT TO CONTRACT BETWEEN THE
` BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
�¢a AND THE
CITY COUNCIL
OF THE
} ,r CITY OF SANTA ANA
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board and the CITY COUNCIL of the CITY OF SANTA ANA, hereinafter
referred to as Public Agency having entered into a contract under date of November
259 1946, effective -July 11 1947, and as amended effective October 1, 19519
February 11 1954, September 11 1956, July 1, 1959, November 1, 1960, September 11
1963, April 1' 1964, February 11 1965, January 16, 1969, November 11 1970, and
June 11 1974, which provide for participation of Public Agency, hereby agree
as follows:
A. The following subparagraph shall be added to Paragraph 5 of said contract:
5. (d) Section 20930.3 (providing service credit up to four years for
any continuous military or merchant marine service for persons
who are members because of employment by Public Agency).
B. Paragraph 5.5 shall be added to said contract:
5.5 Public Agency, in accordance with Section 20740, Government Code,
shall cease to be an "employer" for purposes of Chapter 6 of the
Public Employees' Retirement Law effective as of the effective date
of this amendment to this contract. Accumulated contributions of
the Public Agency as of the date of such amendment shall be fixed
and determined as provided in Section 20759, Government Code, and
such accumulated contributions and contributions hereafter made
shall be held by the Board as provided in Section 20759, Govern-
ment Code.
C. Paragraph 6 (a) shall be stricken from said contract and the following
paragraph shall be substituted therefor:
6. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the Public Agency shall
contribute the following percentages of monthly salaries earned
as miscellanAous members of said System:
(1) 0.078 percent until June 30, 1980 on account of the liability
for prior service benefits.
(2) 9.050 percent on account of the liability for current service
benefits.
(3) 0.218 percent on account of the benefits provided under the
1959 Survivor program.
r •t. For* 702®1
D.
b. With respect to local safety members, the public agency shall
contribute the following percentages of monthly salaries earned
as local safety members of said System.
(1) 0.328 percent until June 30, 1979 on account of the liability
for prior service benefits.
(2) 23.124 percent on account of the liability for current service
benefits.
This amendment shall be attached to said contract and shall become effec-
tive on the day of
Witness our hands this day of
BY
Carl J. Blechinger, Executive Officer
Approved as to form:
i
CITY COUNCIL
OF THE
CITY OF SANTA ANA
4,
BY u
Presiding Officer'; .
Attest:
Clerk
Het. Form 702-2
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy
of a Resolution adopted by the CITY COUNCIL
(Governing Body)
of the CITY OF SANTA ANA
(Name of Public Agency)
September 7, 1976 336
on appearing at Page
(Date)
Volume 33 of the (Minutes) (Official Records) of the
CITY COUNCIL
(Governing Body)
ORIGINAL SIGNED BY
FLORENCE L MALONE
CITY CLERK or
Secretary of the Board
PERS-ACT-12 (11/71)
RESOLUTION OF
AMENDMENT E • • - INTENTION F
BOARD OF ADMINISTRATION OF THE
PUBLIC
TIREMENT SYSTEM
. ' '
CITY COUNCIL
OF THE
CITY OF SANTA ANA
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System
by the execution of a contract, and sets forth the procedure by which
said public agencies may elect to subject themselves and their employees
to amendments to said law; and
WHEREAS, one of the steps in the procedure to amend this contract is the adoption
by the legislative body of the public agency of a resolution giving
notice of its intention to approve an amendment to said contract, which
resolution shall contain a summary of the change proposed in said contract;
WHEREAS, the following is a statement of the proposed change:
Provide service credit up to four years for any
continuous military or merchant marine service.
NOW, THEREFORE, BE IT RESOLVED, that the CITY COUNCIL of the CITY OF SANTA ANA gives,
and it does hereby give, notice of intention to approve an amendment to
the contract between the CITY COUNCIL and the Board of Administration
of the Public Employees' Retirement System, a copy of said amendment
being attached hereto, marked "Exhibit A" and by this reference made a
part hereof.
Date adopted and approved
CITY COUNCIL
r
CITY OF SANTA ANA
Title
Ret. Form 1?2