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HomeMy WebLinkAbout2001-08-06 City Council (3)City of Palo AltoS City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES DATE:AUGUST 6, 2001 CMR: 328:01 SUBJECT:APPROVAL OF A RESOLUTION AND ORDINANCE TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY OF PALO ALTO (TO PROVIDE SECTION 21362.2 (3%@ 50 FULL FORMULA)FOR LOCAL FIRE MEMBERS) RECOMMENDATION ¯ Staff recommends that Council approve amending the City’s contract with the Public Employees’ Retirement System (PERS) to provide Section 21362.2, 3% @ 50 Full Formula for the International Association ofFirefighters (IAFF), Local 1319 and the Palo Alto Fire Chiefs Association as follows: Adopt a Resolution of Intention of the Council of the City of Palo Alto to approve an Amendment to the Contract between the Board of Administration of Public Employees’ Retirement System and the City of Palo Alto. Adopt an Ordinance of the Council of the City of Palo Alto authorizing an Amendment to the Contract between the City Council of the City of Palo Alto and the Board of Administration of the California Public Employees’ Retirement System. BACKGROUND On January 16, 2001, the Council approved a three-year Memorandum of Agreement (MOA) with City fire fighters represented by IAFF. The agreement covers the period beginning July 1, 2000 and ending June 30, 2003. The MOA includes a provision under Article XXIV, Section 3 "Contingency for 3% @ 50 or 3% @ 55" which provides that if, during the time period between July 1, 2001 and June 30, 2003, the retirement formula known as 3% @ 50 or the retirement formula known as 3% @ 50, or a non-PERS agency retirement formula providing an equivalent formula, or a combination of them, become effective for at least eight of the 15 survey agencies, the City will amend its contract with PERS to provide 3% @ 50 for eligible IAFF representation unit members as well as management fire safety members. The benefit would be effective for eligible IAFF representation unit members and CMR: 328:01 Page 1 of 3 management fare safety members as of the date the eighth survey agency’s benefit becomes effective, or as soon thereafter as possible. DISCUSSION The following eight agencies have met and conferred and agreed to amended their contracts with PERS to provide the improved retirement benefit: Public Agency Berkeley Fremont Hayward Milpitas Mountain View Santa Clara Livermore/Pleasanton San Jose Effective Date December 23, 2000 July 1, 2001 January 1, 2001 July 16, 2001 July 1, 2001 October 15, 2000 October 1, 2001 Non-PERS equivalent plan in effect prior to 1990 RESOURCE IMPACT As estimated by CalPERS, the annual cost of this benefit to the City of Palo Alto is approximately 12% of IAFF salaries expense or $1.1 million. With an October 1, 2001 effective date, the cost is estimated to be $0.8 million in fiscal 2001-02. The employer PERS contribution rate is calculated annually based on investment performance, demographic changes, and amendments to the contract between the City and CalPERS. If this contribution rate, which will now include the 3% @ 50 benefits, exceeds the budgeted 14.7% then additional funding will be required. POLICY IMPLICATIONS This policy does not reflect a change in existing policies. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act. ATTACHMENTS Resolution to Approve an Amendment to the Contract between the Board of Administration of PERS and the City of Palo Alto to include Government Code Section 21362.2. Ordinance to Approve an Amendment to the Contract between the Board of Administration of PERS and the City of Palo Alto to include Government Code Section 21362.2. CMR: 328:01 Page 2 of 3 PREPARED BY: DEPARTMENT HEAD: Leonard Zucker, Employee Benefits Manager JAY d.~ROtIND S Director of Human Resources CITY MANAGER APPROVAL." ~ Emi s Assistant City Manager CMR: 328:01 Page 3 of 3 RESOLUTION NO. RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF PALO ALTO TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY OF PALO ALTO (TO PROVIDE SECTION 21362.2 (3% @ 50 FULL FORMULA) FOR LOCAL FIRE MEMBERS) 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 21362.2 (3% @ 50 Full formula) for !ocal fire members only. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION I. The City Council of the City of Palo Alto does hereby give notice of intention to approve an amendment to the contract between the City of Palo Alto 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. 010726 cl 0032477 1 SECTION 2. project under the California Environmental Quality Act, thereforg, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: The City Council finds that this is not a and City Clerk APPROVED AS TO FORM: Mayor APPROVED: Senior Asst. City Attorney City Manager Director of Human Resources Director of Administrative Services 010726 cl 0032477 2 ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN THE CITY OF PALO ALTO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (TO PROVIDE SECTION 21362.2 (3% @ 50 FULL FORMULA) FOR LOCAL FIRE MEMBERS) The Council of the City of Palo Alto does ORDAIN as fol!ows: SECTION I. The City Council hereby authorizes an amendment to the Contract between the City Council of the City of Palo Alto and the Board of Administration, California Public Employees Retirement System, a copy of said amendment being attached hereto, marked "Exhibit A", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of Palo Alto is hereby authorized and directed to execute said amendment for and on behalf of the City of Palo Alto. SECTION 3. The City Council finds that this is not a project under the California Environmental Quality Act,and therefore, no environmental impact assessment is necessary. // // // // // // // // // // 010726 cl 0032476 1 SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED: Senior Asst. City Attorney City Manager Director of Human Resources Director of Administrative Services 010726 cl 0032476 2