ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA ADDING SECTION 2.05.100 TO “THE CODE OF THE CITY OF SANTA CLARA, CALIFORNIA” TO AUTHORIZING AN AMENDMENT TO THE CONTACT BETWEEN THE CITY OF SANTA CLARA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara Municipal Code Section 2.05.090 authorizes the City Council of the City of Santa Clara to contract with the Board of Administration, Public Employees’ Retirement System to provide retirement benefits for its employees; WHEREAS, in April 1, 1959, a contract provision was approved that excludes Crossing Guards and employees of the Recreation Department and City Library employees who normally are employed on a less than one-half time basis notwithstanding the fact that they may at time be employed temporarily on a greater than one-half time basis; WHEREAS, CalPERS has informed the City that this provision is no longer valid because temporary employment is excluded from membership by Government Code section 20305 until membership requirements are met; WHEREAS, some additional modifications are required in the Amendment to reflect changes arising from the passage of PEPRA; and WHEREAS, CalPERS requires that the City amend its contract with CalPERS to make these modifications and the City Council agrees.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That a new Section 2.05.100 is added to Chapter 2.05 (entitled “General Provisions”) of Title 2 (entitled “Administration and Personnel”) of “The Code of the City of Santa Clara, California” to read as follows:
“2.05.100 Amendment to Agreement with Board of Administration for the California Public Employees Retirement System.
That an amendment to the contract between the City of Santa Clara and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached to this Ordinance, and by such reference made a part hereof as though herein set out in full.” SECTION 2: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
SECTION 3: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.” PASSED FOR THE PURPOSE OF PUBLICATION this XX day of XXXXXX, 2022, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ___________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1.Amendment to Contact between the Board of Administration of the Public Employees’ Retirement System and the City Council of the City of Santa Clara Ordinance/Amendment to CalPERS Contract Page PAGE 2 of 3