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HomeMy WebLinkAboutAGENDA REPORT 2000 0405 CC REG ITEM 10HITEM / 0:_ e MOORPARK CITY COUNCIL' AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, City Clerk DATE: March 29, 2000 (CC Meeting of 4/5/00) SUBJECT: Consider Resolution of Intention to Amend the City's Contract with the California Public Employees' Retirement System (CalPERS) and First Reading of an Ordinance Authorizing an Amendment to the Contract between the City Council of the City of Moorpark and the Board of Administration of CalPERS BACKGROUND AND DISCUSSION The City has received from CalPERS the documents necessary to effect an amendment to the City's retirement plan for employees to provide a 2 percent at 55 formula for local miscellaneous members (see Attachment 1). The provision of this revised benefit is consistent with the retirement benefit already provided by other citie in Ventura County and throughout the State. The attached letter from CalPERS includes disclosure of the cost of this contract amendment. As discussed in a separate report for the April 5 agenda, Service Employees International Union AFL -CIO, CLC Local 998 has agreed to trade one half of one percent of the previously negotiated pay increase in July 2000 and July 2001, in recognition of the benefit of the CalPERS 2 percent at 55 retirement formula and contingent on the fact that managers and all part -time employees will also have the same reduction in future salary increases. Amendment of the City's Salary Plan is tentatively scheduled for the Council's June 21 .meeting. In order to achieve an effective date at the beginning of July 2000 (start of new fiscal year) for the new retirement benefit, adoption of the Resolution of Intention (Attachment 1) and first reading of the ordinance (Attachment 2) should occur on April 5. The Resolution of Intention and the Amendment to Contract documents canno be altered, since the CalPERS forms must be used. Upon adoption of the Resolution of Intention, a resolution number would be assigned and typed at the top of the City's copy of that Resolution. 00112 Honorable City Council March 29, 2000 Page 2 Due to the requirement for a 20 -day period between the adoption of the Resolution of Intention and adoption of the ordinance, second reading of the ordinance would be scheduled for May 3. STAFF RECOMMNDATION 1. Adopt Resolution of Intention No. 2000- approving an amendment to contract between the Board of Administration of CalPERS and the City Council of the City of Moorpark. 2. Waive full reading and introduce Ordinance No. for first reading authorizing an amendment to the contract between the City Council and the Board of Administration of CalPERS. 3. Direct that second reading of Ordinance No. , authorizing the amendment to the contract, shall occur on May 3, 2000. Attachments: 1. Letter from CalPERS dated 3/22/00 including Resolution of Intention and Amendment to Contract and certification forms 2. Draft Ordinance 000113 AVACHIMENT �Re �- CaIPERS Actuarial & Employer Services Division P.O. Box 942709 Sacramento, CA 94229 -2709 Telecommunications Device for the Deaf (916) 326 -3240 (916) 326 -3420 FAX (916) 326 -3005 March 22, 2000 Mr. John E. Nowak Assistant City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Nowak: i t, w 4_ _.._ T,ry r?r .r Employer Code #1362 Reply to Section 105 Enclosed are two copies of the Resolution of Intention to amend the agency's contract to provide Section 21354 (2% @ 55 Full formula) for local miscellaneous members. Also enclosed are the following documents: 1. Form CON -12, Certification of Governing Body's Action. 2. Form CON -12A, Certification of Compliance With Government Code Section 7507. 3. Form CON -11 A, Sample Ordinance. The sample Ordinance is a guide only and is included to allow sufficient time to prepare the Ordinance for a first and final reading. The Resolution of Intention and accompanying documents should not be. held pending final reading of the Ordinance. Disclosure of the cost of this Contract Amendment We recommend that the agency disclose the following costs due to the adoption of this plan amendment: 1) Change in the Present Value of Benefits $ 686,655 2) Change in the Unfunded Accrued Liability $ 143,133 3) Change in the employer rate 0.000% California Public Employees' Retirement System Lincoln Plaza - 400 P Street- Sacramento, CA 95814 City of Moorpark IPA March 22, 2000 Government Code Section 7507 requires that the future annual costs of the proposed contract amendment be made public at a public meeting at least two weeks prior to the adoption of the final Ordinance. The agency is to certify compliance on the enclosed Certification of Compliance with Government Code Section 7507. In summary, the following documents must be returned to this office before we can forward the actual contracts and other final documents necessary to complete the proposed amendment. DO NOT HOLD THESE DOCUMENTS PENDING ADOPTION OF THE FINAL ORDINANCE. ORIGINAL SIGNATURES ARE REQUIRED 1. Resolution of intention, original or certified copy. 2. Certification of Governing Body's Action (CON -12), original. 3. Certification of Compliance with Government Code Section 7507, (CON -12A), original or certified copy. If your agency adopts the Resolution of intention on April 5, 2000, the earliest date the final Ordinance may be adopted is April 25, 2000. There must be a 20 day period between the adoption of the Resolution of Intention and the adoption of the final Ordinance pursuant to Government Code Section 20471. THERE ARE NO EXCEPTIONS TO THIS LAW. The effective date of this amendment may be as early as the day following the effective date of the final Ordinance. Please do not retype the Amendment to Contract and /or agreement documents. Only documents provided by this office will be accepted. If you have a problem with any of the documents, please contact this office prior to presenting to your governing body for adoption. If you have any questions regarding this letter or the enclosed material, please do not hesitate to contact me at (916) 326 -3993. Sincerely, Alice J. Cook Employer Representative Public Agency Contract Services h •• Enclosures cc: Los Angeles Regional Office 000115 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF MOORPARK WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21354 (2% @ 55 Full formula) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By: Presiding Officer Title Date adopted and approved (Amendment) CON -302 (Rev. 4/96) CaIPERS EXHIBIT California Public Employees' Retirement System — =- AMEND1 ENT TO CONTRACT Between the Board of Administration California Public ]Employees' Retirement System and the City Council City of Moorpark 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 May 16, 1984, and witnessed April 5, 1984, and as amended effective November 22, 1997 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 _ are hereby stricken from said contract as executed effective November 22, 1997, and hereby replaced by the following paragraphs numbered 1 through 11 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. 2. Public Agency shall participate in the Public Employees' Retirement System from and after May 16, 1984 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. :"LEASE DO NOT SIGN "EXHIBIT ONU 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. SAFETY EMPLOYEES. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2 % at age 55 Full). 6.. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20938 (Limit Prior Service to Members Employed on Contract Date). b, Section 21574 (Fourth Level of 1959 Survivor Benefits). 7. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 8. 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. 9. 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 21574 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. 10. 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. 11. 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. B. This amendment shall be effective on the -day of BOARD OF ADMINISTRATION COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYST �o *,\CITY OF MOORPARK V BY BY � KENNETH W. MARZION, PRESIDING OFFICE � ACTUARIAL & EMPLOYtf RVICES DIVISION PUBLIC' EMPLOYEES ` lETIREMENT SYSTEM AMENDMENT PERS- CON -702A (Rev. 8 \96) Witness Date Attest: Clerk CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 9.4229 -2709 (916) 326 -3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the of the (governing body) (public agency) on (date) Clerk/Secretary Title PERS- CON -12 (rev. 1/96) r CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (916) 326 -3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and /or the increase in retirement benefit(s) have been made public at a public meeting of the of the (governing body) (public agency) on which is at least two weeks prior to the adoption of the (date) Resolution / Ordinance. Clerk/Secretary Title Date PERS- CON -12A (rev. 1/96) 000121 Aimwmw ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF MOORPARK AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the contract between the City Council of the City of Moorpark and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of Moorpark is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this ATTEST: Deborah S. Traffenstedt, City Clerk day of Patrick Hunter, Mayor , 2000. 001