HomeMy WebLinkAbout- OB-1 - Urgency Ordinance CalPers Attachment 1 - 3/6/2012ATTACHMENT
ORDINANCE NO. 12 -
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA 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
WHEREAS, the LOA revises retirement contributions for second tier employees; and
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
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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 day of , 2012.
Gary Monahan
Mayor of the City of Costa Mesa
ATTEST:
Julie Folcik
City Clerk of the City of Costa Mesa
APPROVED AS TO FORM:
Tom Duarte, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Julie Folcik, City Clerk and ex -officio clerk of the City Council of the City of Costa
Mesa, hereby certify that the above and foregoing Ordinance No. 11- was introduced
and considered section by section at a regular meeting of said City Council held on the 15th
day February 2011, and was thereafter passed and adopted as a whole as an urgency
ordinance, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this day of 12011.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
M