HomeMy WebLinkAboutAdopt Resolution No 2023-57 Authorizing the City Manager to (2) '"� 2000 Main Street,
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City of Huntington Beach
APPROVED 7-0
°UUNTY c1 I
File #: 23-962 MEETING DATE: 11/7/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Theresa St. Peter, Interim Director of Human Resources
PREPARED BY: DeAnna Soria, Risk Manager
Subject:
Adopt Resolution No. 2023-57 authorizing the City Manager to submit disability applications
for all members of the Public Employees Retirement System (PERS) and make determinations
of disability for local safety members
Statement of Issue:
The City Council previously adopted Resolution No. 2016-43 on June 20, 2016, authorizing the City's
Risk Manager to determine and file industrial disability retirement applications on behalf of the City's
safety employees who have sustained disabling injuries and/or illness in the course and scope of
work. At this time, staff is recommending that the City Manager assume the responsibility of making
these determinations going forward.
Financial Impact:
There is no financial impact for this Resolution update.
Recommended Action:
Adopt Resolution No. 2023-57, "A Resolution of the City Council of the City of Huntington Beach
authorizing the City Manager to submit disability applications for all members of the Public
Employees Retirement System and make determinations of disability for local safety members", and
repeal Resolution No. 2016-43.
Alternative Action(s):
Do not approve the updated Resolution, and direct staff to continue the current process outlined in
Resolution No. 2016-43
Analysis:
Risk Management conducted a survey of ten local cities and their risk management programs. Of
particular interest was the individual designated to have signing authority for industrial disability
retirements. As a result of the survey, staff is now recommending this signing authority be transferred
City of Huntington Beach Page 1 of 2 Printed on 11/1/2023
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File #: 23-962 MEETING DATE: 11/7/2023
to the City Manager, since 95% of the surveyed cities also designate the City Manager with this
signing authority.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan
<http://www.huntingtonbeachca.gov/strategicplan>.
Attachment(s):
1. Resolution No. 2016-43, "A Resolution of the City Council of the City of Huntington Beach
authorizing the Risk Manager to submit disability applications for all members of the Public
Employees Retirement System and make determinations of disability for local safety members"
2. Resolution No. 2023-57, "A Resolution of the City Council of the City of Huntington Beach
authorizing the City Manager to submit disability applications for all members of the Public
Employees Retirement System and make determinations of disability for local safety members"
City of Huntington Beach Page 2 of 2 Printed on 11/1/2023
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RESOLUTION NO 2016-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE RISK MANAGER TO
SUBMIT DISABILITY APPLICATIONS FOR ALL MEMBERS OF THE
PUBLIC EMPLOYEES RETIREMENT SYSTEM AND MAKE
DETERMINATIONS OF DISABILITY FOR LOCAL SAFETY MEMBERS
WHEREAS, the City of Huntington Beach (herein referred to as "Agency") is a
contracting agency of the California Public Employees' Retirement System, and
WHEREAS, on September 4, 1990, by Resolution No 6210, the City Council authorized
the Risk Manager to submit applications for disability retirement to the Public Employees'
Retirement System Board, and
WHEREAS, the Public Employees' Retirement Law requires that a contracting agency
determine whether an employee of such agency in employment in which he/she is classified as a
local safety member is disabled for purposes of the Public Employees' Retirement Law and
whether such disability is"industrial"within the meaning of such law, and
WHEREAS, Government Code Section 21152(c) allows the City Council or Its designee
to make applications on behalf of the Agency for disability retirement of all members, and to
initiate requests for reinstatement of such employees who are retired for disability, and
WHEREAS, Government Code Section 21156 requires that the governing body of the
Agency determine whether a local safety member is disabled for purposes of the Public
Employees' Retirement Law and whether such disability is "industrial" within the meaning of
such Law,
WHEREAS, pursuant to Government Code Section 21173, the City Council, as the
governing body of the Agency, may delegate its authority to make such disability determinations
for safety members to a subordinate officer, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows
SECTION 1 The City Council does hereby delegate to the incumbent of the
office/position of Risk Manager the authority to make applications on behalf of the Agency
pursuant to Government Code Section 21152(c) for disability retirement of all members and to
initiate requests for reinstatement of such employees who are retired for disability
SECTION 2 The City Council does hereby delegate to the incumbent of the
office/position of Risk Manager the authority to make determinations of local safety member
disability on behalf of the Agency under Government Code Section 21156, whether such
disability is industrial, and to certify such determinations and all other necessary information to
the California Public Employees' Retirement System,
1
SF-16-5290/137611 docx
369
ACaVJ.I1% J VU i\V• LV1V-4J
SECTION 3 Resolution No 6210 is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of June , 2016
4,044$
ayo
ATTEST APPROVED AS TO FORM
94.4tn141,44d
City Clerk City Attorney
On
REVIEWED AND APPROVED INITIATED APP OVED
i Manager erector of Human Resources
2
SF-I6-5290/13761 I docx
372
Res. No. 2016-43
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven, that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at a Regular meeting thereof held on June 20, 2016 by the
following vote
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
Alm) 9-16/2m4-444)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
371
F
Res, No. 6210
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-offdio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City oflntington Beach is seven;
e
that the foregoing resolution was passed' nd adopted by the affirmative
vote of at least a majority of all the(members of said City Council
f'
at a regular meeting thereof held on the 4th day
of September 1990 b `the following vote:
AYES: Councilmembers:
NOES: Councilmemb'ers:
ABSENT: CouncA,Imembers:
city er an ex-o '.c o Clerk
of tffe City Council of the City
of Huntington Beach, California
H B - 177- . lt&n 13. -, 5
RESOLUTION NO. 2023-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE CITY MANAGER TO
SUBMIT DISABILITY APPLICATIONS FOR ALL MEMBERS OF THE
PUBLIC EMPLOYEES RETIREMENT SYSTEM AND MAKE
DETERMINATIONS OF DISABILITY FOR LOCAL SAFETY MEMBERS
WHEREAS, the City of Huntington Beach (herein referred to as "Agency") is a
contracting agency of the California Public Employees' Retirement System; and
WHEREAS, on June 20, 2016, by Resolution No. 2016-43, the City Council authorized
the Risk Manager to submit applications and make determinations of disability and whether such
disability is Industrial to the California Public Employees Retirement System(CalPERS); and
WHEREAS, Government Code Section 21152(c) allows the City Council or its designee
to make applications on behalf of the Agency for disability retirement of all members, and to
initiate requests for reinstatement of such employees who are retired for disability; and
WHEREAS, Government Code Section 21156 requires that the governing body of the
Agency determine whether a local safety member is disabled for purposes of the Public
Employees' Retirement Law and whether such disability is "industrial" within the meaning of
such Law;
WHEREAS, pursuant to Government Code Section 21173, the City Council, as the
governing body of the Agency, may delegate its authority to make such disability determinations
for safety members to a subordinate officer; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. The City Council does hereby delegate to the incumbent of the
office/position of City Manager the authority to make applications on behalf of the Agency
pursuant to Government Code Section 21152(c) for disability retirement of all members and to
initiate requests for reinstatement of such employees who are retired for disability.
SECTION 2. The City Council does hereby delegate to the incumbent of the
office/position of City Manager the authority to make determinations of local safety member
disability on behalf of the Agency under Government Code Section 21156, whether such
disability is industrial, and to certify such determinations and all other necessary information to
the California Public Employees' Retirement System.
SECTION 3. Resolution No. 2016-430 is hereby repealed.
RESOLUTION NO. 2023-57
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of November , 2023.
______ 11 . tD__
Mayor
ATTEST: APPROVED AS TO FORM:.
qiiltrUdit44)
City Clerk City Attorney „-','
REVIEWED •ii ROVED: INITIATED AND APPROVED:
Nk111164' '‘,1v,1 De :_SV--- --
ity "k. ager Director of Human Resources
2
23-13663/321964
Res. No. 2023-57
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on November 7, 2023 by the following vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
NOES: None
ABSENT: None
RECUSE: None
( 0144-1, ediraradAd
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California