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SR-6-B (60) 68 .j f:atty\muni\strpts\mjm\pers. DEe 1 2 1995 city council Meeting 12-12-"95 Santa Monica, California TO: Mayor and city council FROM: city Attorney SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MONICA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM INTRODUCTION At its meeting on November 14, 1995, the city Council introduced for first reading an ordinance authorizing an amendment to the contract between the City council of the city of Santa Monica and the Board of Administration of the California Public Employees' Retirement System. The ordinance is now presented to the city council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, City Attorney 68 DEe 1 2 1995 - - , . . f:\atty\muni\laws\lbc\pers city Council Meeting 12-12-95 Santa Monica, California ORDINANCE NUMBER 1833 (CCS) (CITY COUNCIL SERIES) All ORDlRAHCB 01' HB CITY COUNCIL OF '!HE CITY OF SARTA MOIIXCA AtrrBORIZING U UEHDMENT TO THE CONTRACT B~TWaBH HB CITY COUNCIL OF THE CITY OF BUTA HOJlICA AIm THE BOARD OF ADMIBISTRATION OF TBE CALIFORNIA PUBLIC BllPLOYEES' RETIREKBN'1' SYSTBK NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the contract between the City Council of the City of Santa Monica and the Board of Administration, 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 City Manager is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this 1 .. . Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. . SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: huah 2 . . EXHffiIT A.l\.1E~nME!\!l TO CONTK.-'\.CT BETWEEK THE BOARD OF ADl\~'lSTR<\TIOX OF THE PUBLIC El\-fPLOYEES' RETIREl\-mr-.! SYSTEM A..!\.lD TIIE CITY COUNCIL OF THE CITY OF SA-NT A MONICA The Board of AdnumstratIon. Public Employees' RetIrement System. heremafter referred to as Board. and the goverrung body of above publIc agency, hereinafter referred [0 as Public Agency. havmg emered mto a contract effectIve July 1. 1944, and wItnessed April 5. 1944, and as amended effective March 1, 1950. September 1. 1951, June I, 1954, November 1. 1960, February 1. 1962, September 12. 1965. I\ovember 1. 1969. November 25. 1973. January 20, 1974. March 3, 1974, June 28. 1981. May 13. 1984. January 1. 1992 and Apnl 25, 1993. whIch provIdes for panlclpauon of PublIc Agency m saId System. Board and Pubk Agency hereby agree as follows A. Paragraphs 1 through 12 are hereby strIcken from said contract as executed effecuve Apnl 25, 1993. and hereby replaced by the followmg paragraphs nwnbered I through 12 InclUSive 1 All words and terms used herem whIch are defined In the Pubhc Employe~'i' Reurement Law shall have the mearung ?.5 defined therem unless otherwIse specIfically provided "Normal rememem age" shall mean age 60 for local mIscellaneous members. age 50 for local fire and polIce members. and age 55 for ocean beach lIfeguards ... Pubh::: A.gency shall pamcIpale m [he Public Employees' Rememenc Syslem from and - after July 1. 19.+4 makmg Its employees as heremafter provided. members of saId System subJe~[ to all prOVISIOns of the PubliC Employees' Renremem Law except such as apply only on electIOn of a comracnng agency and are not proVided for herem and to all amendments to said Law hereafter enacted except those, whIch by express proVlSlOns thereof apply only on the electIon of a con[racnng agency .J Employees of Public Agency m the followmg classes shall become members of said Remement System except such m each such class as are excluded by law or thIS agreement a Local FIre FIghters (herem referred [Q as local safety members), b Local PolIce Officers (herem referred to as local safety members), c Ocean Beach LIfeguards (mcluded as local safety members). d Employees other than local safety members (herem referred to as local mIscellaneous members) 4 In addItion [Q the classes of employees excluded from membershIp by saId Reuremem Law. the followmg classes of employees shall not become members of saId Reuremenr S YSlem NO ADDITIONAL EXCLUSIONS EXHI3I': A . . b A reasonable amoune. as fixed by the Board. payable 1D one Installment wHhm 60 days of date of comract to cover the costs of adnumstenng saId System as It affects the employees of PublIc Agency. not mcludmg (he costs of specIal valuatIOns or of the penodIc InvestigatIon and valuatIons reqUIred by law C A reasonable amount. as fixed by the Board, payable In one Lnstallment as the OCCasIOns anse. (0 cover the cOSts of speCIal valuauons on account of employees of Pubhc Agency. and costs of the penochc Invesugal10n and valuations requIred bylaw I I Conmbuuons required of Public Agenc)' and Its employees shall be subject to adjustment by Board on account of amendments to the Publtc Employees' Reuremem Law, and on account of the expenence under the Reurement System as detemuned by the penodlc tnvesngatlon and valuatlon requIred by saId RetIrement Law 1: Conmbutlons requIred of PublIc Agenc)' and 1[5 employees shall be paId by PublIc Agency Eo the Renrement System wlthm fifteen days after the end of the penod to which saId contributions refer or as may be prescnbed by Board regulauon If more or less (han the correct amount of comnbutlons IS paId for any penod. proper adjustment shall be made In connection WIth subsequent remIttances Adjustments on account of errors In conmbutlons requued of any employee may be made by duect payments between the employee and (he Board B ThIs amendment shall be effective on the day of ,19_ BOARD OF AD\-IINISTR.'-\ TION ., CITY COUNCIL PUBLIC E\WLOYEES' RETlRE~~ SYSTEM OF THE 0.-0 CITY OF SANTA MONICA " -...\ ~~ ~.... ~.. ,\~ ~ (} B'r' BY -'~' ..' CHIEF ACTUARr'~ PresIdmg Officer I~.,,!,' .ACTUARlAL. OfFICE ' " , " PUBLIC 'BMPLOYEES' RETIREMENT SYSTEM - ~\ - ~,-- ~<." 't:>---- --=- '-' Wltness Dale 'q~I' ~ . , - , - " -, ' - - ~ Aues( Clerk AMENDMENT PERS-COI"-702A (Rev 3/95) J . ;1J~ Mayor State of CalIfornia ) County of Los Angeles) ss CIty of Santa Moruca ) J, Mana M Stewart, City Clerk of the CIty of Santa Maruca, do hereby certify that the foregomg Ordmance No 1833 (CCS) had Its first readmg on November 14. 1995 and had 118 second readmg on December 12, 1995 and was passed by the followmg vote Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook. O'Connor, Rosenstem Noes Counctl members None Abstam CouncIl members None Absent Council members None ATTEST ~ ~~ ~ ~~~tt CIty Clerk \ - ~ J -' . . f:at~y\muni\laws\jl\quake.res city Council Meeting 12-12-95 Santa Monica, California RESOLUTION NUMBER 8970 (ces) (city Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY WHEREAS, on January 17, 1994, an earthquake struck Southern California causing severe damage within the City of Santa Monica; and WHEREAS, on January 17, 1994, as a result of the earthquake the City's Director of Emergency Services issued a declaration of local emergency; and WHEREAS, on January 17, 1994, as a result of the earthquake a state of emergency was declared in the County of Los Angeles by the federal, state and county governments; and WHEREAS, as a result of the earthquake a state of local emergency continues to exist within the City of Santa Monica, NOW, THEREFORE, the city Council of the City of Santa Monica does resolve and proclaim as follows: SECTION 1. The City Council declares that a state of local emergency continues to exist within the City of Santa Monica. SECTION 2. The City Council directs the Director of Emergency Services or his or her designee to take such actions as are appropriate to the fullest extent provided by federal, state and t " . . local law, to protect the public health, welfare, safety and property of the residents of the city of Santa Monica. SECTION 3. The City Council further authorizes the Director of Emergency Services or his or her designee to negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or to obtain emergency aid, assistance or services to the City of Santa Monica and to contract for the immediate expenditure of pUblic funds to safeguard life, health or property, including when necessary to protect public health and safety to expedite, including, but not limited to shortening all required notice periods, or waive competitive bidding procedures for pUblic works and other City projects. SECTION 4. A copy of this Resolution shall be forwarded to the State Director of the Office of Emergency Services with a request that he or she find it acceptable. SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: h~~~ MARSHA JO~~S MOU~RIE City Attorney --- ; , Adopted and approved thIS 12th of December, 1995 /1J~ Mayor . I hereby certIfy that the foregomg ResolutIon 8970 (CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 12th of November, 1995 by the foHowmg vote Ayes CounCIl members Abdo, Ebner, Genser, Greenberg, Holbrook 0' Connor, Rosenstem Noes CouncIl members None Abstam CouncIl members None Absent CounCIl members None ATTEST ~~ ~ CIty Clerk