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HomeMy WebLinkAboutResolution 42-92 RESOLUTION NO. 42-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO GIVING NOTICE OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF ATASCADERO 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 amend- ment 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 20818 (Two Years Additional Service Credit) for local miscellaneous members and local safety members. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero does hereby give notice of intention to approve an amendment to the contract between the City of Atascadero 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. On motion by `Councilmember Dexter, seconded by Councilmember Borgeson, the foregoing resolution is hereby adopted on the following roll-call vote: AYES: Councilmembers Nimmo, Dexter, Borgeson and Mayor Shiers NOES: Councilman Lilley ABSENT: None ADOPTED: May 26, 1992 ATTEST: _ City of Atascadero JAJ LXBOIN, ity Clerk By: ALDEN F. SHIERS, Mayor RESOLUTION NO. 42-92 Page Two APPROVED AS TO FORM: ARTHER R. ONT DONT City Attorney EXHIBIT A TO RESOLUTION 42-92 PAGE 1 OF 3 . : AMENDMENT TO CONTRACT �O BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ATASCADERO Q' The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency,having entered into a contract effective April 19, 1980, and witnessed March 19, 1980, and as amended effective July 1, 1980, April 30, 1983,January 7, 1984, July 14, 1990, November 9, 1991 and April 12, 1992, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective April 12, 1992, and hereby replaced by the following paragraphs numbered 1 through 13 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 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19, 1980 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. 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. Local Fire Fighters(herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. 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: NO ADDITIONAL EXCLUSIONS EXHIBIT A TO RESOLUTION 42-92 PAGE 2 OF 3 PLEASE DO NOT Sit-IN: %EXHIS tl' C3�ttY�'` 5. This contract shalt be a continuation of the benefits of the contract of the Atascadero Fire Protection District, hereinafter referred to as "Former Agency", pursuant to Section 20567.2 of the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on July 1, 1980. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency's contract with respect to the Former Agency's employees. Legislation repealed said Section effective January 1, 1988: 6. 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 21251.13 of said Retirement Law (2% at age 60 Full), 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected to be subject to the following optional provisions: a. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits) for local safety members only. b. Sections 21263,21263.1 and 21263.3 (Post-Retirement Survivor Allowance)for local miscellaneous members only. C. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. d. Section 20818 (Two-Years Additional Service Credit). 9. Public Agency, in accordance with Government Code Section 20759, 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 20759,and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20759. 10. 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 and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. 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. b. 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 bylaw. EXHIBIT A TO RESOLUTION 42-92 PAGE 3 of 3 12. 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. 13. 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 teffective on the day of C3 , 19 BOARD OF ADWNISTRA CITY COUNCIL PUBLIC EMPLOYEES' REMENT SYSTEM OF THE CITY OF ATASCADERO o� BY 4! BY CHIEF, CONTRAW SERVICES DIVISION Presiding Officer .Qi PUBLIC EMPLEES' RETIREMENT SYSTEM Witness Date Attest: ICZ Clerk R PERS-CON-702 (AMENDMENT) (Rev. 1192) RESOLUTION NO. 43-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA INCREASING THE FIRE DEPARTMENT'S FY 91-92 APPROPRIATIONS BY $95,000 Section One: The FY 91-92 Fire Department budget is hereby increased from $1,067,500 to $1,162,500, or an increase of $95,000. Section Two: This Resolution shall take effect immediately upon adoption. On motion by Councilperson Nimmo, seconded by Councilperson Dexter, the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Borgeson, Lilley, Dexter, Nimmo and Mayor Shiers NOES: None ABSENT: None ADOPTED: May 26, 1992 CITY OF ATASCADERO By: 0&'Q1'L, n� ; ALDEN F. SHIERS, Mayor ATTEST",-. ; r ALL LE QIN, C ty Clerk APPROVED iS TO FORM: t AR ,HER , ONT DON City Attorney RESOLUTION NO. 45-92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING AN ANNUAL ASSESSMENT FOR MAINTENANCE OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 (STREETS AND HIGHWAYS CODE SECTION 5830) FOR MAINTENANCE DISTRICT 83-1 LOBOS AVENUE WHEREAS, The Council has previously approved the formation of Maintenance District 83-1; and WHEREAS, certain street improvements were constructed under the provisions of the Improvement Act of 1911; and WHEREAS, it may be necessary for the City to perform routine maintenance of the improvements constructed within Maintenance District 83-1; and WHEREAS, under the provisions of Section 5830 of the Streets and Highways Code it is the responsibility of the Council to estimate the cost of maintenance in the district during the ensuing year and to fix a special tax rate for the real property within said maintenance district to raise an amount of money to cover the expense of maintaining said improvements: NOW, THEREFORE IT IS HEREBY RESOLVED BY THE Council of the City of Atascadero as follows: Section 1. The above recitals are true and correct. Section 2. Based on an estimate of the Public Works Director, the Council sets a special tax rate of Twenty Dollars ($20.00) per parcel as identified in the assessment diagram for Maintenance District 83-1, said special tax to cover the expense of maintaining the road and drainage improvements within said district during the ensuing year. Section 3. The adoption of this resolution constitutes a levy of the assessment for the fiscal year commencing the lst day of July, 1992, and ending the 30th day of June, 1993. Section 4. The works of improvement and maintenance performed within Maintenance District 83-1 shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll, the amount of the assessment, and said assessment shall then be collected at he same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of the City. Section 5. The City Treasurer shall place all monies collected by the Tax Collector into the special fund known as "City of Atascadero Maintenance District 83-1 Lobos Avenue" pursuant to the provisions of this resolution and law, and said transfer shall Resolution No. 45-92 Page 2 be made and accomplished as soon as said monies have been made available to the City Treasurer. Section 6. The City Clerk is hereby ordered and directed to file a certified copy of this resolution with the County Auditor upon its adoption. Section 7. The City Clerk is hereby further ordered and directed to file a certified copy of this resolution with the County Tax Collector upon its adoption. Section 8. Any parcels or lots of land known as public property, as the same is defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exempt from any assessment made under these proceedings. On motion by Councilmember Luna and seconded by Councilmember Borgeson, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Bewley, Kudlac, Luna, Borgeson and Mayor Nimmo NOES: None ABSENT: None ADOPTED: June 23, 1992 ATTEST: CITY OF ATASCADERO r l & V SEEtABOII , ty Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: AR ER MONT ON, 'ty Attorney APPROVED AS TO CONTENT: GRE(T-LUXt. Director of Public Works -- -- - _ RESOLUTIC�T N0. 45-92 EXHIBIT "A 10 min m ,o .o a w o y N N (A � - 'ti N M r►. o-'' N -FJ r N r T W W �► r C* O cc -mss twit to .4 s � y Cl c r �� n, ct O D! 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