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Home My WebLink About65B - PARK SECURITY UPDATEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 7, 2015 TITLE; PARK SECURITY UPDATE AND STAFF RECOMMENDATION TO ENSURE CONTINUED SECURITY {STRATEGIC PLAN NO. 1, 1; 2} ////', Z, 4 L7ct.v,, zo CITY MANAGER RECOMMENDED ACTION 1. Receive and file park security update. CLERK OF COUNCIL USE ONLY: r_12:21061714 , ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 2. Approve staff's recommendation to ensure continued park security. DISCUSSION The purpose of this staff report is to provide an update on City park security and staff's recommendation to ensure continued public safety in City parks. The 60 -day cap transition period approved by the Mayor and City Council ends in April and as such staff seeks approval of the recommendation to ensure park security. At the City Council meeting on February 3, 2015, the Mayor and City Council provided the following direction: • Continue the existing Park Ranger Program (pending letter from CaIPERS) • Seek an opinion from CaIPERS on retired annuitants • 60 -day cap transition period • Start new Park Ranger Program recruitment • Police Department to oversee the new Park Ranger Program As directed by the Mayor and City Council, City staff wrote a letter to the California Public Employee Retirement System (CaIPERS) on February 3, 2015 (Exhibit 1). The letter as written seeks an opinion from CaIPERS as to the ability of long term Park Ranger retired annuitants to legally continue employment with the City. Currently, four Park Rangers are the sole remaining CaIPERS retired annuitants in the City. The City did not receive a response from CaIPERS and as such sent a subsequent letter on March 16, 2015 (Exhibit 2). Unfortunately, the City has not received a response from CaIPERS as of the date of this item. 6513-1 Park Security Update and Staff Recommendation to Ensure Continued Security April 7, 2015 Page 2 The City Attorney, Risk Manager and City Manager have collectively reviewed and concluded that both the City and the appointed Park Rangers could be in violation of CalPERS rules prohibiting retiree annuitants from continuing to work for a CaIPERS agency while receiving PERS retirement benefits. The Park Rangers and /or their representatives have argued that the rules do not apply to them, but based on the City's research and the opinion of several attorneys who advise public agency's staff believe that the most prudent approach is to stop employing PERS retirees, unless they clearly fall within an exception for employment. The City's Personnel Services Agency has performed extensive outreach efforts to ensure the City receives a highly qualified pool of Park Ranger candidates. The outreach efforts include contacting law enforcement retiree associations, community colleges, police academies, criminal justice programs, former police recruit candidates, and law enforcement associations. As of the date of this item, the recruitment process for the new Park Rangers has resulted in the following: • 68 applications received thus far • 11 applicants passed initial screening and referred to the Police Department • The Police Department is scheduled to conduct oral interviews on April 2nd • Physical agility tests are scheduled for April 11th The recruitment for new Park Rangers will remain open and continuous with no scheduled closing date. Based on the Police Department's extensive background review process, it is estimated that the hiring of new Park Rangers may take between six to nine months to complete. As of the date of this item, no new Park Rangers have been hired. STAFF RECOMMENDATION Given that the City has not received a response from CalPERS and because the current Park Ranger separation notices (Exhibit 3) will take effect on April 18, City staff recommends the following measures to ensure continued public safety in City parks: • Provide 100 hour weekly coverage solely dedicated to public safety in the parks. The 100 hour weekly coverage will be as follows: • Full -time Police Dep. Park Liaison Officer' 40 hours • Non- CalPERS annuitant Park Ranger 20 hours • Police Overtime 40 hours • Continue to recruit and fill the Park Ranger positions • Patrol officers to cover off hours as they do now ' Prior to the Police Department creating a Park Liaison Officer, the Parks, Recreation and Community Services Agency provided 100 hours per week of Park Ranger coverage. 65B -2 Park Security Update and Staff Recommendation to Ensure Continued Security April 7, 2015 Page 3 Officer overtime to include Mounted Patrol and any other resources deemed necessary Funding will be a combination of police department general fund monies and Park Ranger monies to be allocated to the police department. Staff recommendation mitigates the City's CalPERS liability and provides continued park security coverage. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic /pedestrian /bicycle safety) and Goal #2 Youth, Education and Recreation. FISCAL IMPACT Funding is included in the current FY2014 -15 Police Department and Parks, Recreation and Community Services Agency budgets. There is no fiscal impact associated with this item. °I ,1 Carlos Rojas Chief of Police Santa Ana Police Department E w S. Raya jN Executive Director Personnel Services Agency Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Attachments: Exhibit 1 - City letter to CalPERS dated February 3, 2015 Exhibit 2 - City letter to CalPERS dated March 16, 2015 Exhibit 3 - Park Ranger Separation notice dated February 5, 2015 L• MW Lt m I MAYOR Miguel A. Pulldo MAYOR PRO TEM Vincent F, Sannlento COUNCILMEMBERS Angelloa Amezoua P, David Benavldes Whole Martinez Raman Rayne Sal Tinajero February 3, 2015 CalPERS Benefit Services Division P.O. Box 942716 Sacramento, CA 94229 -2716 Re: Retired Annuitants Dear CaIPERS Representative EXHIBIT #1 CITY OF SANTA ANA PERS014NEL SERVICES AGENCY 20 Cift Center Plaza a P.O, Box 1 SW $ ante Ana, California 82702 022 enta•ana.ora The City of Santa Ana has maintained staffed in large part by retired CaIF specialized skills needed to perform annuitants have not exceeded the 9e fiscal year, The City is contemplating retired annuitants under the provision€ by Assembly Bill (AB) 1028. On Febrt directed staff to seek an opinion froj annuitants to legally continue their pail CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marls D. Hulzar I Park Ranger program for over 20 years, The program Is -'-RS annuitants who, as former Police Officers, have the duties necessary to ensure public safety. These I hour limit retired annuitants are allowed to work each modify the program due to the restrictions imposed on of Government Code (G,C,) section 21224 as amended �ry 3, 2015 the Santa Ana City Council in a formal action I CIBIPERS as to the ability of these long term retired time employment with the City of Santa Ana. Please respond in writing that the co tinued appointment is allowable under the provisions of Government Code (G.C.) section 21244 as amended by Assembly Bill (AB) 1028 and that the retired annuitants may serve the City o Santa Ana without reinstatement from retirement or loss or interruption of benefits provided by aIPERS, Should you have questions, you can contact me at (714) 647 -5372 or reach me via email at eraya(@santa- ana.org. Sincerely, �dward S. Raya Executive Director Personnel Services', SANTA ANA CITY COUNCIL MiguelA Pulldo Vlnuanl F. Barmiento Michele Martlnez Anpellaa Amezoua P. David aenavidae Raman Rayne Sal'remiero Mayor Mayor Pre Tem, Ward I Wend 2 Ward 3 WPM A Ward 6 Ward 6 ajQ jg2dojcp,.- enee,r, vaemlerlalialint"naca IJgTertlia +Rea ae -a P:tlra Pa0azaU2aeQL'ane,aC13 ODMUlai i l ,e � MAYOR Miguel A, Pulldo MAYOR PRO TEM Vincent F. Sannlento COUNCILMEMBERS Angallca Amexcua P. David Sanavides Michele Martinez Roman Rayne Sal Tlnejem March 16, 2015 CaIPERS Benefit Services Division P,Q, Box 942716 Sacramento, CA 94229-2716 Re: Refusal Annuitants EXHIBIT #2 CITY'' OF SANTA ANA PERSONNEL SERVICES AGENCY 20 Civia Center Plaza a P,O. Box 1988 Santa Ana, California 92702 yyypy penta.ana.Ora Dear CeIPERS Representative: CITY MANAGER David Cavazos CITY ATTORNEY Sonla R, Carvalho CLERK OF THE COUNCIL Marla D, Hulzar On February 3, 2015 the City of Sarita Ana sent the attached letter seeking clarification on whether retired annuitants who the City employs as Park Rangers can continue as employees of the City of Santa Ana under the provisions of Government Code (G.C.) section 21224 as amended by Assembly Bill (AB) 1028. To date, we have not received a response to our inquiry and we again ask that you respond in wrifing: to our request for clarification. Should you have questions, you can eraye0santa -ana. ora. Sincerely, Edward S. Raya Executive Director, Personnel Services Miguel A Pulldc Vincent F. Sermlenlo Mayor Mayor Pro Tom, Ward 1 vearmleniwasemasna ora me at (714) 647 -5372 or reach me via email at SANTA ANA CITY COUNCIL Michele Marenez Angellca Amamua Wam 2 Ward 3 1 eamozcuaasards4na.nm y 65B -7 P, David 9anavideo Roman Rayne Sal Tlnaiem Ward Ward Wards navldae ®aanlaana.ora MAYOR Miguel A. Pulldo MAYOR PRO TEM Vincent F, Sormlonto COUNCILMEMSERS Angellea Amezoua P. David Beravides Michele. Martinez Roman Reyno Sal Tinajero February 5, 2015 .RE, Park Ranger Pest'l Dear M� EXHIBIT #3 CITY OF SANTA ANA 20 Civic Center Plaza • P,O, Box '1088 Santa Ana, California 02702 www Santa -ana ore CITY MANAGER David Cavazos CITY ATTORNEY SonlA R. Carvalho CLERK OF THE COUNCIL Marla D. Huizer Pursuant to the action taken last night by the City Council the layoff notice which would have been effective dated February 18, 2015, is hereby rescinded. Please be advised that as directed by Council, City staff is seeking an opinion from, CalPERS regarding the legality of your continued employment and as such, has stayed any final decision regarding your employment for a period of 60 days or April 18, 2015, however a decision issued by CalPERS may require the City to modify that date. Sincerely, L�- Gerardo Mouct Executive Director Parks, Recreation and omnunity Services SANTA ANA CITY COUNCIL Miguel A. Pulldo aaaaara P. salmundo M10hold MOoloaa Angelico AdlaReua P, naad aallavldob Korean Rayne ail Teinjum Mayor Mayer PYd Tmn, Wafd1 Wordy Ward Waldo Ward Ward Idp�gidn(@aaalae t0 d(g .YBafIlllgl.U�btl IItlOFl0 nf0 aYlllafgllaa®aaNa ^ada.dP4 bninasa w((llnnl lnniln�)id j1l},pd�d6Nitd ®611adf1lLbYq Yfg;,r�a((Htlan1 @-OIL aP9 ag061f2f,�sa919 y 65B -9 65B -10