SR-602-003 (24)
f:\person:misc/council\council67firereclass Santa Monica, California
Council Meeting: March 9, 2004
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Resolution of Intention to Amend Contract Between the California Public
Employees' Retirement System and the City of Santa Monica and a Public
Hearing and First Reading of an Ordinance to Amend Said Contract
INTRODUCTION
This report requests that Council adopt the attached resolution stating its intent to
approve an amendment to the contract between the California Public Employees?
Retirement System (CalPERS) and the City of Santa Monica to provide Section 20434,
which allows individuals in certain job classifications to be designated as ?fire safety?
employees. These individuals are any Officers or employees of a fire department
employed to perform duties of firefighting, fire prevention, fire training, hazardous
materials, emergency medical services, or fire or arson investigation services as ?Local
Fire Fighters.? The reclassification was negotiated by the Santa Monica Firefighters
Local 1109 IAFF as a part of a previous memorandum of understanding effective
FY1996-1998. CalPERS has requested that the attached resolution and ordinance be
adopted for their records. The City has correctly reported to CalPERS compensation
associated with this reclassification. CalPERS has confirmed the correct reporting of
earnings for employees covered by this reclassification. This report also requests that
Council hold a public hearing and first reading of the ordinance to amend said contract
as indicated. The ordinance is also attached.
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DISCUSSION
The City of Santa Monica contracts with CalPERS to provide retirement plans for
permanent employees. Government Code Section 20434 allows the City of
Santa Monica to report to CalPERS individuals in the job classifications of Assistant Fire
Marshal, Fire Inspector, Senior Fire Inspector, and Senior Fire Inspector-Hazardous
Materials as ?safety? instead of ?miscellaneous? employees. This designation had been
negotiated with the Santa Monica Firefighters Association Local 1109 and had been
implemented subsequent to Council approval. CalPERS requires an amendment to its
contract with the City as a matter of record.
BUDGET AND FINANCIAL IMPACT
The cost of amending the CalPERS contract has been incorporated in the adopted
budgets since July 1996. By memorandum of understanding, the appropriate benefits
associated with Section 20434 have already been correctly reported to CalPERS.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution indicating its
intent to approve an amendment to the contract between CalPERS and the City of
Santa Monica to provide Section 20434. It is further recommended that Council hold a
public hearing and first reading of the Ordinance to amend said contract.
Prepared By: Karen Bancroft, Director of Human Resources
Attachments: Resolution of Intention (See adopted Resolution No. 9934 (CCS).
Ordinance Authorizing an Amendment to the CalPERS Contract with
Exhibit (Attached)
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ORDINANCE NUMBER
(City Council Series)
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
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, 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 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,
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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 30 days from its adoption.
APPROVED AS TO FORM:
____________________________
Marsha Jones Moutrie
City Attorney
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