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HomeMy WebLinkAboutAGENDA REPORT 2003 0604 CC REG ITEM 09EMOORPARK CITY COUNCIL AGENDA REPORT I'T'EM Q . E . �. n7- '1 of T ")' a,,d a9� 7' TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATCM /City Clerk 1:D57 DATE: May 28, 2003 (CC Meeting of 6/4/03) SUBJECT: Consider Resolution of Intention to Amend the Contract between the Board of Administration of the California Public Employees' Retirement System (CalPERS) and the City of Moorpark and First Reading of an Ordinance Authorizing an Amendment to the Contract between the City and the Board of Administration of CalPERS BACKGROUND On May 7, 2003, the City Council directed staff to schedule City Council consideration of adoption of a CalPERS contract amendment consistent with the requirements of Government Code Section 20903 (commonly referred to as the "Golden Handshake "). This benefit is intended to be utilized by CalPERS contracting agencies to encourage reduction of staffing levels when needed due to impending curtailment of or change in the manner of performing service. The benefit currently offered by the Golden Handshake is two years of additional service credit. DISCUSSION Section 20903(j) of the Government Code provides that an agency may elect to be subject to the provision of this section by amendment to its contract. The City has received from CalPERS the documents necessary to effect the amendment to the City's retirement plan to allow the City Council to offer the additional two years of additional service credit for a 90 -180 day period (see Attachment 1 for CalPERS documents). In accordance with Section 7507 of the Government Code, the future annual costs as determined by the CalPERS Actuary and the increase in retirement benefits are required to be made public at a public meeting of the City Council. The costs are generally disclosed in "Procedures for Calculation of Estimated Employer Cost" included in Attachment 1 to this report. At this 0v -9 145 Honorable City Council June 4, 2003, Regular Meeting Page 2 time, staff is proposing to designate the job classification(s), of Secretary and Principal Planner, Community Development Department, only, due to the Community Development fund budget deficit in the current fiscal year and anticipated staffing cost issues projected for the next fiscal year. The total estimated cost to the City for eligible staff is approximately $60,000. The window period for the two additional years of service credit is proposed to be 180 days beginning August 4, 2003. The documents received from CalPERS include a Resolution of Intention and an Amendment to Contract (Attachment 1), which cannot be altered, since the CalPERS forms must be used. Upon City Council adoption of the Resolution of Intention, a City resolution number will be assigned and typed at the top of the CalPERS Resolution Form. Staff has prepared an ordinance consistent with the CalPERS sample (last page of Attachment 1), and the draft ordinance is included as Attachment 2. Staff is recommending that the Council introduce the ordinance for first reading on June 4. 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 July 2. The effective date of the ordinance would be August 1 (30 days after adoption), and CalPERS staff has confirmed that the effective date of the contract amendment would then be August 2, and the window opening date for the 180 days may be no earlier than August 3 (staff is proposing that the window period open on Monday, August 4). Please note, that pursuant to Government Code Section 20903, the Council will need to certify that its intent is that at least one vacancy created by retirement under Section 20903 shall remain permanently unfilled, thereby resulting in an overall reduction in the work force. The current proposed contract amendment will allow the City Council to adopt a subsequent resolution at any time in the future that this retirement incentive is to be offered. The future process would still include City notification to CalPERS followed by the scheduling of a "public meeting agenda item and adoption of a resolution, including disclosure of the costs; designation of the job classification (s) department(s), or unit(s) eligible for this benefit; and designation of the time period of 90 to 180 days during which an eligible member must retire to receive the additional service credit. STAFF RECOMMENDATION 1. Adopt Resolution of Intention No. 2003- 2. Waive full reading and introduce Ordinance No. for first reading; and 3. Direct that second reading of Ordinance No. authorizing the amendment to the contract, shall occur on July 2, 2003. 00.-914 i Honorable City Council June 4, 2003, Regular Meeting Page 3 Attachments: 1. Letter from CalPERS dated 5/9/03 including Resolution of Intention, Amendment to Contract, required certification forms and description of Government Code 20903, Procedures for Calculation of Estimated Employer Cost, and sample ordinance form. 2. Draft Ordinance 00fI AA. `i ATTACHMENT 1 Actuarial & Employer Services Division P.O. Box 942709 RECEIVED ' Sacramento, CA 94229 -2709 Telecommunications Device for the Deaf - (916) 326 -3240 'SAY 19 2ai�3 Ca1PERS (916) 326 -3420 FAX (916) 326 -3005 CITY OF I4 OORPARi4 OFFICE OF THE CITY Mt';i AGIER May 9, 2003 Employer Code #1362 Reply to Section 105 Mr. Steven Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Kueny: Enclosed are two copies of the Resolution of Intention to amend the agency's contract to provide Section 20903 (Two Years Additional Service Credit) for local miscellaneous members. Also enclosed are the following documents: Form CON -12, Certification of Governing Body's Action. 2. Form CON -12A, Certification of Compliance With Government Code Section 7507. 3. Certification of Compliance With Government Code Section 20903. 4. Form CON -29, Two Years Additional Service Credit information, Section 20903. 5. Form CON -3, Procedures for Calculation of Estimated Employer Cost. 6. Form CON -11A, 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. 000148 California Public Employees' Retirement System Lincoln Plaza - 400 P Street - Sacramento, CA 95814 City of Moorpark -2- May 9, 2003 Although Section 20903 does not increase the employer contribution rate, there is a dollar cost for this benefit. The enclosed cost factors can be used to calculate the approximate cost to the agency for each employee who will be eligible for the additional service credit. The total dollar amount for all eligible employees is the cost required to be made public at least two weeks prior to the adoption of the final Ordinance. After the expiration of the 90 -180 day designated period, the agency will need to submit a list of members eligible to receive the additional service credit who retired during the designated period and also certify the agency has checked against those reported to have applied for unemployment insurance payments. The agency will be notified of the actual costs and payment options available after all eligible members have received the additional service credit. The CaIPERS Board of Administration permits up to two years for payments with the minimum requirement of annual installments. All accounts, except lump sum payments remitted within 30 days of billing, will be subject to interest assessment at the current employer crediting rate. Payment should not be submitted prior to receipt of the invoice. When forwarding the Certification of Compliance with Government Code Section 20903, if eligibility is limited to specific job classifications, departments or other organizational units, please provide a listing. In summary, the following documents must be returned to this office before we can forward the actual contract 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 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. 4. Certification of Compliance with Government Code Section 20903 original or certified copy. 5. Listing of job classifications, departments or other organizational units eligible for the additional service credit, if applicable. 009149 City of Moorpark -3- May 9, 2003 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. Another contract amendment cannot be started until this amendment is completed or cancelled. If you have any questions regarding this letter or the enclosed material, please do not hesitate to contact me at (916) 326 -3993. Sinc rely, U Alice J. Cook Employer Representative Public Agency Contract Services AJC:rc Enclosures cc: Glendale Regional Office 0CA91so 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 20903 (Two Years Additional Service Credit) 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. Date adopted and approved Presiding Officer Title (Amendment) 0 A :151 CON -302 (Rev. 4/96) CaIPERS EXHIBIT California Public Employees' Retirement System AMENYD"'MENT 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 and June 2, 2000 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 June 2, 2000, 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. 001 3�Sw 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). C. Section 20903 (Two Years Additional Service Credit). 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. 000i53 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 �'' CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF MOORPARK BY BY r; . KENNETH W. MARZION;`CHIEF PRESIDING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES"'RETIREMENT SYSTEM ' Witness Date,`a Attest: Clerk AMENDMENT ER# 1362 009:154 PERS- CON -702A (Rev. 8 \02) 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 GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the (governing body) (public agency) on (date) Clerk/Secretary Title PERS- CON -12 (rev. 1/96) of the 09155 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 I 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 on (date) Resolution / Ordinance. Date of the (governing body) (public agency) which is at least two weeks prior to the adoption of the Clerk/Secretary Title PERS- CON -12A (rev. 1/96) 0 11 ")15G 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 20903 In accordance with Government Code Section 20903 and the contract between the Public Employees' Retirement System, the City Council of the City of Moorpark hereby certifies that: 1. Because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency will be served by granting such additional service credit. 2. Payment shall be made of the amount equal to the actuarial equivalent of the difference between the allowance the member receives after receipt of such service credit and the amount the member would have received without such service credit with respect to all eligible employees who retire during the specified period. 3. It has elected to become subject to Section 20903 because of impending mandatory transfers, demotions, and layoffs that constitute at least 1 percent of the job classification, department or organizational unit, as designated by the governing body, resulting from the curtailment of, or change in the manner of performing, its services. 4. Its intention at the time Section 20903 becomes operative is to keep all vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit permanently unfilled thereby resulting in an overall reduction in the work force of such department or organizational unit. THEREFORE, the City Council of the City of Moorpark hereby elects to provide the benefits of Government Code Section 20903 to all eligible members who retire within the designated period, through CITY COUNCIL OF THE CITY OF MOORPARK Attest: Clerk/Secretary Date Presiding Officer 2yr certification- public agency (Rev. 1/96 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services (916) 326 -3420 TWO YEARS ADDITIONAL SERVICE CREDIT GOVERNMENT CODE SECTION 20903 A public agency may amend its contract to provide two years additional service credit to a retiring member because of an impending mandatory transfer, demotion or layoff. The agency will need to: Designate the job classification (s), department(s), or unit(s) eligible for this benefit (e.g. miscellaneous or safety employees, fire, police, secretaries, Finance Department, Human Resources Unit, etc.). Anyone employed in the designated unit or classification is eligible for the two years service credit if all other requirements are met. (The benefit cannot be provided on the basis of employee organization or unrepresented groups.) 2. Designate a time period of 90 to 180 days during which an eligible member must retire to receive the additional service credit. Because the member must be in employment status and retire during the designated period, the retirement date may not be the first day of the designated period. The designated period may begin as early as one day after the effective date of the initial contract to provide the two years additional service credit or, if providing an additional designated period as early as one day after the effective date of the Resolution adopted by the governing body. 3. Certify the governing body determined that because of an impending curtailment of, or change in the manner of performing service, the best interests of the agency would be served by granting such additional service credit. 4. Certify the governing body is electing to become subject to the provisions of Section 20903 because of impending mandatory transfers, demotions, and layoffs that constitute at least 1% of the designated job classification, department, or organizational unit resulting from the curtailment of, or change in the manner of performing, its services. 5. Certify that it is the governing body's intention at the time Section 20903 becomes operative that any vacancies created by retirements under this section or at least one vacancy in any position in any department or other organizational unit shall remain permanently unfilled thereby resulting in an overall reduction in the work force of such department or organizational unit. 6. Certify each member's eligibility to receive the additional service credit and non - receipt of unemployment insurance payments during the specified period. 7. Make payment with respect to all eligible employees who retire during the specified period. 0 Cola. 15 8 Public Agencies Page 1 pFR._CnN29 /Rev. 12199) GENERAL PROCEDURES 1. The enclosed procedures and factors can be used to calculate the approximate cost to the agency. In addition, there is an actuarial valuation fee of $10.00 for each eligible member who retired during the designated period. 2. If the agency wishes to proceed with an amendment to the contract to provide Section 20903, or if the contract has been amended and the agency wishes to provide an additional designated period, contact Public Agency Contract Services to request the necessary documents. 3. After the expiration of the designated period, the agency is requested to submit a list of members eligible to receive the additional service credit who retired during the designated period and also certify the agency has checked against those reported to have applied for unemployment insurance payments. Any such retired member receiving unemployment insurance payments should be reported to CaIPERS, Benefit Services Division. 4. The additional service will be credited to each eligible member after he /she is receiving a monthly retirement allowance. The adjustment to the member's allowance will include an increase for the additional service credit and a one -time payment for the allowance due retroactive to the effective date of retirement. (Questions concerning the adjustment should be directed to Benefit Services Division.) 5. The agency will be notified of the actual costs and payment options available after all eligible members have received the additional service credit. Payments in full remitted within 30 days of billing are exempt from interest charges. Remittance of the amount due may be paid in payments within 2 years, which include interest, with the minimum of annual installments. Attachment: COST FACTORS (coN3 -PA) €0015_ Public Agencies Page 2 c1=RG_r0N94 (Rev_ 12/99) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services (916) 326 -3420 TWO YEARS ADDITIONAL SERVICE CREDIT Section 20903 PROCEDURES FOR CALCULATION OF ESTIMATED EMPLOYER COST The cost of providing the two years additional service credit is calculated based on the member's annual reportable compensation, the cost factor and whether the agency's contract provides the Post - Retirement Survivor Allowance (Survivor Continuance) and /or an increased Cost -of- Living Allowance of 3 %, 4% or 5 %. The employer cost may be estimated as follows: Determine all individuals who meet the minimum eligibility for retirement and who are employed in the designated classification, department or organizational unit. 2. Determine the annual pay rate for each person. "Pay Rate" indicates that amount of compensation a member is paid for a full unit of time. Always use the member's FULL TIME pay rate. 3. Determine the age for each person and locate the appropriate factor on the Cost Factor Chart. 4. Multiply the annual pay rate by the cost factor. 5. Determine whether your agency's contract provides for the Post - Retirement Survivor Allowance. If yes, proceed to step #7. 6. If your agency's contract does not provide for the Post - Retirement Survivor Allowance, multiply the value determined in step #4, above, by 0.95. 7. Determine whether your agency's contract provides for the increased Cost -of- Living Allowance of 3 %, 4% or 5 %. If not, no further calculations are needed. 8. If your agency's contract provides the 3% cost -of- living allowance, multiply the value determined above by 1.07 to estimate the cost of providing the additional service credit. If your agency's contract provides the 4% cost -of- living allowance, multiply the value determined above by 1.14 to estimate the cost of providing the additional service credit. If your agency's contract provides the 5% cost -of- living allowance, multiply the value determined above by 1.21 to estimate the cost of providing the additional service credit. 0 rIx 13:160 PERS -CON3 PA (Section 20903) Page 1 /Rav 1 /n11 COST FACTOR CHART TWO YEARS ADDITIONAL SERVICE CREDIT NOTE: In addition, there is a $10.00 valuation fee for each member who retires during the designated period and receives the additional service credit. 0019161 PERS -CON3 PA (Section 20903) Page 2 roe., eH7 /Mll MISCELLANEOUS MEMBERS 2% Al 60 2% Al 55 2.5% 55 2.7% 55 3% 60 formula formula formula formula formula Ages All All All All All 50 -54 0.33 0.44 0.60 0.62 0.60 55 -59 0.42 0.54 0.64 0.69 0.69 60 -64 0.54 0.56 0.59 0.64 0.71 65+ 0.52 0.52 0.54 0.58 0.65 SAFETY MEMBERS 2% 55 2% 50 3% Al 55 3% Al 50 formula formula formula formula Ages All All All All 50 -54 0.43 0.61 0.70 0.80 55 -59 0.50 0.68 0.75 0.75 60 -64 0.47 0.63 0.70 0.70 65+ 0.42 0.57 0.63 0.63 NOTE: In addition, there is a $10.00 valuation fee for each member who retires during the designated period and receives the additional service credit. 0019161 PERS -CON3 PA (Section 20903) Page 2 roe., eH7 /Mll This is a SAMPLE ORDINANCE and is intended to be used as a guide only. It is included to allow you sufficient time to prepare your Ordinance for a first and final reading. The Resolution of Intention and a uments should not read*na of the Ordinance. An Ordinance of the ORDINANCE NO. of the (Name of Governing Body) authorizing an amendment (Name of Public Agency) to the contract between the of the (Name of Governing Body) and the (Name of Public Agency) Board of Administration of the California Public Employees' Retirement System. The (Name of Governing Body) (Name of Public Agency) of the does ordain as follows: Section 1. That an amendment to the contract between the (Name of Governing Body) of the (Name of Public Agency) 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 of the (Title of Presiding Officer) (Name of Governing Body) is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect days after the date of its adoption, and prior to the expiration of days from the passage thereof shall be published at least in the I , a newspaper of general circulation, (Name of Newspaper) published and circulated in the (Name of City or County) thereafter the same shall be in full force and effect. Adopted and approved this day of Presiding Officer Attest: Clerk PERS- CON -11A (Rev. 8/94) (Amendment) and thenceforth and 0101 1 G� ATTACHMENT 2 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 WHEREAS, at its meeting of June 4, 2003, the City Council considered an amendment to the contract between the City of Moorpark and the Board of Administration of the California Public Employees' Retirement System to allow for the provision of two years additional service credit in accordance with Section 20903 of the Government Code. 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. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. 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 0C 41-111G3 Ordinance No. Page 2 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 day of , 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit: Amendment to Contract 0013'164