HomeMy WebLinkAboutCertification of Final Action of Governing Body 6/05/07CALIFORNIA PUBLIC t:MPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Branch
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(888) CalPERS (225-7377)
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
hereby certify that the city council of the
(governing body)
(public agency)
adopted on21 2087 by an affirmative vote of a majority
(date
of the members of said Governing Body,
(Ordinance or Resolution)
No. Ns -2743 approving the attached contractual agreement between the
Governing Body of said Agency and the Board of Administration of the California Public
Employees' Retirement System, a certified copy of said ordinance
(Ordinance or Resolution)
in the form furnished by said Board of Administration being attached herdto.
rk/Secretary
Patricia E. Healy
Title
Date ",/07
PERS-CON-5 (Rev. 1/96)
Employ Services Division
P.O. CA
Sacramento,
CA 94229-2709
Telecommunications Device for the Deaf - (916) 795-3240
CalPERS 888 CalPERS (or 888-225-7377) FAX (916)795-3005
May 28, 2007 Employer Code #0137
Reply to Section 105
Ms. Patricia Mayberry
Benefits and Compensation Manager .
City of Santa Ana
P.O. Box 1988
Santa Ana, CA 92701
Dear Ms. Mayberry:
We have received the Resolution of Intention to amend your CalPERS contract to
provide Section 20965 (Credit for Unused Sick Leave) for local safety members.
Enclosed are the following documents necessary to complete the proposed
amendment:
1. Amendment to Contract.
2. Certification of Final Action of Governing Body (Form CON -5).
Your agency adopted the Resolution of Intention on April 16, 2007, therefore, the
earliest date the final Ordinance could have been adopted was May 6, 2007, pursuant
to Government Code Section 20471. THERE ARE NO EXCEPTIONS TO THIS LAW.
The effective date of this amendment cannot be earlier than the first day of a payroll
period following the effective date of the Ordinance. Please insert the effective date on
the last page of the Amendment to Contract.
The following documents must be returned to this office. ORIGINAL SIGNATURES
ARE REQUIRED ON ALL DOCUMENTS.
1. Amendment to Contract, two original executed sets.
2. Ordinance, original or certified copy.
3. Certification of Final Action of Governing Body (CON -5), original.
California Public Employees' Retirement System
www.calpers.ca.gov
i
I
City of Santa Ana
-2-
May 28, 2007
Please notify your personnel/payroll staff and any others who submit payroll or
membership documents to CaIPERS on behalf of the agency, such as county courts
and port districts, of the following information as of the effective date of the amendment
to the contract:
The employer contribution rate will be 22.910% of reportable earnings for local
safety members, if the effective date of the contract amendment is on or after July
1, 2007 and before the next annual valuation report is mailed to your agency.
Please do not retype the Amendment to Contract and/or agreement documents.
Only documents provided by this office will be accepted. if you have a problem
with any of the documents, please contact this office prior to presenting to your
governing body for adoption. Another contract amendment cannot be started
until this amendment is completed or cancelled.
A copy of the contract will be returned for your records after it has been executed by
CalPERS.
If you have any questions, please call (888) CalPERS (225-7377).
Si erely,
Danielle Brooks
Employer Representative
Public Agency Contract Services
DB:rc
Enclosures
cc: Orange Regional Office
A-2007-127
CaTPERS
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Santa Asia
41100
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing 'body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contracteffective July 1,
1947, and witnessed November 25, 1946, and as amended effective October 1, 1951,
February 1, 1954, September 1, 1956, July 1, 1959, November 1, 1960, September 1,
1963, April 1, 1964, February 1, 1965, January 16, 1969, November 1, 1970, June 1,
1974, December 16, 1976, December 1, 1978, October 1, 1981, July 1, 1984,
December 1, 1984, July 1, 1985; February 1, 1990, July 1, 1990, December 5, 1991,
April 15, 1993, June 16, 1994, January 1, 1995, December 5, 1995, July 5, 2000, March
8, 2001, July 1, 2001, April 5, 2002 and November 7, 2002 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective November 7, 2002, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
Z Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1947 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred tows
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post -Retirement Survivor Allowance).
b. Section 20042 (One -Year Final Compensation).
C. Section 20903 (Two Years Additional Service Credit).
d. Section 21548 (Pre -Retirement Optional Settlement 2 Death
Benefit).
e. Section 21024 (Military Service Credit as Public Service).
f. Section 20965 (Credit for Unused Sick Leave).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits).
8. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
December 16, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
9. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
10. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as. it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
11. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
12. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. if more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the / _ day of c/ 0200 7.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
LORI MCGARTLAND, CHIEF
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT ER# 0137
PERS-CON-702A (Rev. 10\05)
COUNCILCITY
CITY OF
By
� �V G %
Witness Date
Attes
Clerk
PRESENTATIONS
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to
Calvary Church recognizing their support for "Ad opt -A- Park" at Cabrillo Park
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE
to Tony and Leticia Bucio recognizing their Top Finish Collision Center and investment
in the community
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
the participants and sponsors of the First Annual Santa Ana Nutrition -Fitness Fair
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Juan Flores recognizing him as an "Emerging Youth of Santa Ana"
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Mike Gonzales, Alex Vega, Maria Ibarra, Nativo Lopez and Albert Castillo for their
efforts in maintaining a peaceful Immigration Rally on May 1st
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to
Alicia Berhow commending her on her five year's of service with Congresswoman
Loretta Sanchez
Councilmember Tinajero left the meeting at 7:28 p.m.
CONSENT CALENDAR
Mayor Pulido announced the following modifications to the Consent Calendar:
c Mayor Pro Tem Alvarez pulled Item 25.G. for separate discussion
Motion: Approve staff recommendations on the following Consent Calendar
items.
MOTION: Alvarez SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento, Tinajero (2)
CITY COUNCIL MINUTES 2 MAY 21, 2007
CONSENT CALENDAR
ADMINISTRATIVE MATTERS
MINUTES
Motion: Approve minutes. (Item 10.A. - 10.C.)
10.A. REGULAR MEETING MINUTES OF MAY 7, 2007
10.B. ADJOURNED REGULAR MEETING MINUTES OF MAY 7, 2007
10.C. SPECIAL MEETING MINUTES OF MAY 9, 2007
ORDINANCES/SECOND READING
11.A. AMEND THE CITY'S CONTRACT WITH THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM FOR CREDIT FOR UNUSED SICK LEAVE
Placed on first reading at the April 16, 2007 City Council meeting and
approved by a vote of 7-0
Published in the Orange County Reporter on April 20, 2007
Continued from the May 7, 2007 City Council Meeting by a vote of 7-0
Motion: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2743- An ordinance of the City Council of the City
of Santa Ana authorizing an amendment to the contract between the City
of Santa Ana and the Board of Administration of the Public Employees'
Retirement System
BOARDS/COMMISSIONS/COMMITTEES
13.A. VACANCY REPORT — MAY 16, 2007
The Vacancy Report reflects only appointments made by the Council.
Motion: Receive and file.
BOARD/COMMISSION
Community Redevelopment
Housing Commission
Youth Commission - Alternate
Youth Commission - Regular
Personnel Board
TOTAL
VACANCIES WARD
1 Tenant
3 1,3 & 5
1 1
1 5
a
CITY COUNCIL MINUTES 3 MAY 21, 2007