REPORT TO COUNCIL
SUBJECT
Title
Action to Waive Second Reading and Adopt Ordinance No. 2055, Adding Section 2.05.100 to the City Code, Amending the Contract Between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
At the October 18, 2022 Council meeting, proposed Ordinance No. 2055 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2055 was published to the Santa Clara Weekly on October 26, 2022, and copies were posted in three public places.
The City of Santa Clara Municipal Code Section 2.05.090 authorizes the City Council of the City and the Board of Administration, Public Employees' Retirement System to provide retirement benefits for its employees. The City Council of the City of Santa Clara and the Board of Administration of the California Public Employees' Retirement System (CalPERS) entered into a contract effective September 1, 1943, which was last amended on December 27, 2006, and provides for participation of the City of Santa Clara in CalPERS.
In April 2022, CalPERS reviewed the City of Santa Clara's application of the California Public Employees' Retirement System ("CalPERS") Retirement Contract exclusion that became effective April 1, 1959 which excluded certain classes of employment from CalPERS coverage ("Exclusion"). CalPERS determined that the Exclusion is superseded by Gov. Code section 20305(b) because temporary employment is already excluded from membership by Gov. Code section 20305 (until membership requirements) are met and therefore does not need to be specifically excluded in the Agreement.
CalPERS informed the City that this provision is no longer in compliance and that the contract between the City and CalPERS must be amended to remove this provis...
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