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Home My WebLink AboutORD 393 2010 1020ORDINANCE NO. 393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 2.04.055, COMPENSATION AND BENEFITS, OF CHAPTER 2.04, CITY COUNCIL, OF TITLE 2, ADMINISTRATION AND PERSONNEL OF THE MOORPARK MUNICIPAL CODE WHEREAS, Section 2.04.055 of the Moorpark Municipal Code (Code) provides to a councilmember who is ineligible for California Public Employees Retirement System (CaIPERS) retirement contributions the same retirement benefits afforded to the City of Moorpark's temporary part-time employees; and WHEREAS, prior to May 22, 2010, the City paid the entire retirement contribution required for the temporary part-time employee alternate retirement system in compliance with Federal requirements, or 7.5 %, to Nationwide Retirement Solutions, Inc. (NRS), a retirement plan provider; and WHEREAS, as of May 22, 2010, the City terminated NRS and appointed Public Agency Retirement Services (PARS) as Trust Administrator of the alternate retirement system in compliance with Federal requirements; and WHEREAS, as of June 1, 2010, the City revised the alternate retirement system consistent with Federal requirements, so that employees pay 3.75% of the retirement contribution while the City pays the remaining 3.75 %; and WHEREAS, the current CaIPERS City -paid competitive service employee contribution is currently 7 %; and WHEREAS, the City -paid alternate retirement system for temporary part-time employees no longer provides an equitable contribution for a councilmember who is ineligible for CaIPERS; and WHEREAS, on May 19, 2010, the City Council of the City of Moorpark directed staff to amend Section 2.04.055 of the Code changing the alternate retirement system for a councilmember ineligible for the CaIPERS retirement plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2.04.055 of the Moorpark Municipal Code is hereby amended to read in its entirety as follows: Ordinance No. 393 Page 2 "2.04.055 Compensation and benefits. The compensation of each city councilmember shall be six hundred dollars ($600.00) per month. All sitting councilmembers shall be entitled to the same health insurance and life insurance benefits afforded the city's competitive service employees, and as such may be amended from time to time for the city's competitive service employees, with the exception that councilmembers are not eligible for a cash -back payment in lieu of health insurance. All sitting councilmembers shall be entitled to the same California Public Employees Retirement System (CaIPERS) benefits afforded the city's competitive service employees, and as such may be amended from time to time for the city's competitive service employees. If a sitting councilmember is not eligible to receive a CaIPERS retirement contribution, such councilmember shall receive a contribution to the city's alternate retirement system plan in compliance with Federal requirements, and that contribution shall be equivalent to the city -paid competitive service employee contribution to CaIPERS and shall not include the CaIPERS employer contribution. If the CaIPERS employee contribution amount is less than the total minimum contribution required for the alternate retirement system plan, in compliance with Federal requirements, such councilmember shall pay the portion of the Federally mandated minimum retirement contribution that exceeds the City -paid retirement contribution." SECTION 2. 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 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. Any change in retirement contribution for a seated member of the City Council shall not become effective until the beginning of that member's change in term of office. 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 the adoption thereof in the records of the Ordinance No. 393 Page 3 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 Ventura County 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 20th day of October, 2010. Janie S. Parvin, Mayor ATTEST: Deborah S. Traffenstedt, My Clerk Ordinance No. 393 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 393 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of October, 2010, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 5th day of November, 2010. 0 5. I Deborah S. Traffenstedt, 0qClerk (seal)