HomeMy WebLinkAbout12-2 An Urgency Ordinance Authorizing Amendment to Contract (City of Costa Mesa/Board of Admin - CALPERS)ORDINANCE NO. 12-2
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE CITY OF COSTA MESA AND BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
WHEREAS, due to the ongoing economic difficulties, the City of Costa Mesa
("City') recently negotiated and approved revised agreements with its employees
whereby all employee groups will contribute additional sums towards the employee
portion of their retirement contribution; and
WHEREAS, as a result of these negotiations, on or about October 26, 2010, the
City Council adopted an amendment to the Costa Mesa City Employees Association
("CMCEA") Memorandum of Understanding ("MOU") with the City by way of a Side
Letter of Agreement ("LOA"); and
and
WHEREAS, the LOA revises retirement contributions for second tier employees;
WHEREAS, the City has been working with the California Public Employment
Retirement Systems ("CaIPERS") in order to effectuate the changes to City's MOU with
CMCEA; and
WHEREAS, CaIPERS has stringent timelines for amendment to CaIPERS
contracts including a limited window of time each year to amend contracts, processing
of only one contract amendment at a time, and a special valuation from CaIPERS that
requires time for completion; and
WHEREAS, additionally, CaIPERS procedures for contract amendments requires
the effective date of the contract amendment as the first day of a payroll period and may
not be earlier than the day after the effective date of the Ordinance; and
WHEREAS, on February 7, 2012, Resolution of Intention No. 12-9 was approved
by the City Council, and a first reading of the Ordinance authorizing an amendment to
the contract occurred; and
WHEREAS, a final reading of the Ordinance and a City Council vote on adoption
will occur until March 6, 2012; and
WHEREAS, in order to ensure the effective date of the contract amendment is in
accordance with the payroll period an urgency ordinance is required; and
WHEREAS, this ordinance is an urgency ordinance pursuant to Government
Code Section 65858, necessary for the immediate preservation of the public peace,
health and safety; and
WHEREAS, without this urgency ordinance, the City will be in violation of the
LOA with the CMCEA; and
WHEREAS, without this urgency ordinance, the City may have to pay the 2.5%
at 55 that is not possible due to current economic difficulties; and
WHEREAS, without this urgency ordinance, the City must meet and confer with
CMCEA over these issues without any guarantee that CalPERS procedures will not
create the same time constraints.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That an amendment to the contract between the City Council of the
City of Costa Mesa and the Board of Administration, California Public Employees'
Retirement System is hereby authorized, 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 Costa Mesa is hereby authorized,
empowered, and directed to execute said amendment for and on behalf of said Agency.
Section 3. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law.
Section 4. This Ordinance shall take effect and be in full force immediately from
and after its passage, and prior to the expiration of fifteen (15) days from its passage
shall be published once in the DAILY PILOT, a newspaper of general circulation, printed
and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of
adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk
shall cause to be published the aforementioned summary and shall post in the office of
the City Clerk a certified copy of this Ordinance together with the names and member of
the City Council voting for and against the same.
PASSED AND ADOPTED this 6th day of March, 2012.
ATTEST:
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Julie F cik, City Clerk
Gary Mona an, ayor
APPROVED AS TO FORM:
Thomas Duark , Cit Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the
above and foregoing Ordinance No. 12-2 was duly introduced and adopted at a regular
meeting of the City Council held on the 6th day of March, 2012, by the following roll call
vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
MONAHAN, RIGHEIMER, BEVER, LEECE,
MENSINGER
NONE
NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 7th day of March, 2012.
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JULIE OLCIK, CITY CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No.12-2 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held March
6, 2012, and that the Ordinance was published in its entirety in the Newport Beach -
Costa Mesa Daily Pilot on Thursday, March 15, 2012.
JUL FOLCIK, CITY CLERK
(SEAL)