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ORDINANCE 228
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING PROCESSING OF TORT CLAIMS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS
Section 1.
Findings.
A. Government Code section 935.4 allows cities and other public entities, by ordinance or
resolution, to authorize a public employee to process tort claims filed against the City that
seek $50,000 or less.
B. The City wishes to take advantage of the administrative efficiency that will result trom
allowing City staff to process lort claims seeking damages less than $3,000.
C This ordinance amends the City Code to provide that the City Manager, with the
concurrence of the City Attorney, may allow, compromise, settle, or deny a claim that
does not exceed $3,000.
Section 2.
Adoption
The Saratoga City Code is hereby amended by adding Section 2-50.020, to read as set
forth below:
2-50.020
Processing of Claims Against City.
The City Manager, with the concurrence of the City Attorney, shall be authorized to
accept, settle or reject, without prior approval of the Council, claims against the City that
fall under Division 3.6 of Title 1 of the Government Code or section 2-50.010 of the
Saratoga City Code, provided that no allowance, compromise or settlement shall exceed
three thousand dollars. Upon the written order of the City Manager and written
concurrence of the City Attorney, the Finance Director shall cause to be issued a warrant
upon the treasury of the City in the amount for which a claim has been allowed,
compromised or settled. The City Council shall be notified within 10 days of the
acceptance or rejection of any claim pursuant to this section and within 10 days of the
claimant's acceptance of any settlement proposed pursuant to this section.
Section 3.
Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other section,
sub-section, paragraph, sub-paragraph, sentence, clause and phrase ofthis ordinance. If any
section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is
held invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the 7tl' day of January, 2004, and was adopted by the
following vote following a second reading on the 21 st day of January 2004:
AYES: Councilmembers Norman Kline, Nick Streit, Vice Mayor Kathleen King,
Mayor Ann Waltonsmith
NOES: None
ABSENT: Councilmember Stan Bogosian
ABSTAIN: None
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Ann Waltonsmith
MAYOR, CITY OF SARATOGA, CALIFORNIA
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APPROVED AS TO FORM:
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Richard Taylor
CITY ATTORNEY
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CalPERS
California
Public Employees' Retirement System
.
AMENDMENT TO-CONTRACT
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Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Saratoga
.
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 contract effective June 1,
1961, and witnessed April 27, 1961, and as amended effective April 6,1973, April 1,
1977, May 1, 1978, September 18, 1999 and February 4, 2000 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 February 4, 2000, 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.
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2. Public Agency shall participate in the Public Employees' Retirement
System from and after June 1, 1961 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. Employees other than local safety members (herein referred to as
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:
a. EXCLUDE PERSONS HIRED ON OR AFTER APRIL 6, 1973
WHO ARE EMPLOYED ON A TEMPORARY AND/OR
SEASONAL BASIS IF IT IS A CONDITION OF EMPLOYEMENT
AT TIME OF HIRE THAT SAID EMPLOYMENT NOT EXCEED SIX
MONTHS; AND
b. SAFETY EMPLOYEES.
5. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20305 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975.
6, The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service prior to March 31,
1978, termination of Social Security, for members whose service has been
included in Federal Social Security (2% at age 55 Full and Modified).
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20042 (One-Year Final Compensation).
þ
b. Section 20965 (Credit for Unused Sick Leave).
c. Sections 21624 and 21626 (Post-Retirement Survivor Allowance).
d. Section 21573 (Third Level of 1959 Survivor Benefits).
e. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
8. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
April 1 ,1977. 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 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 21573 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.
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. ~
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B. This amendment shall be effective on the....:3:.._ day of S¿\ ,fPmb.f ,::¡D()?'.
BOARD' OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SARATOGA
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~~NN~i~~w. MARZI~ ~ ~- ~ ~~ESIDING OFFICE
ACTtiAAiAL EMPLOYER SERVICES ~~ISION
PUBLIC EM LOYEES' RETIREMENT SYSTEM
Witness Date
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AMENDMENT ER# 0452
PERS-CON.. 702A (Rev_ 8\02)
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CalPERS
Actuarial & Employer Services Division
PO Box 942709
Sacramento, CA 94229-2709
Telecommunications Device for the Deaf - (916) 326-3240
(888) CalPERS (225-7377) FAX (916) 326-3005
September 17, 2003
Employer Code #0452
Reply to Section 105
Ms. Lori Burns
Human Resources Analyst
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear Ms. Burns:
The contract amendment has been executed by CaIPERS. The effective date of the
contract amendment is October 4, 2003.
If you have any questions regarding your contract, please do not hesitate to contact our
office at (888) CalPERS (225-7377).
Sincerely,
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Public Agency Contract Services
AC:rc
Enclosure
C0308 (Rev. 9/99)
California Public Employees' Retirement System
Lincoln Plaza - 400 P Street - Sacramento, CA 95814