HomeMy WebLinkAboutAgenda Statement 1987/05/05 Item 8a,b,c COUNCIL AGENDA STATEMENT
Item No. 8a, b, c
Meeting Date 5/5/87
ITEM TITLE: Amendment to the City' s PERS Contract to Provide for the Merger
of the Montgomery Fire Protection District' s Retirement Contract
with that of the City
a. Resolution /,3of6 - Of intention to approve amendment to
contract between the Board of Administrations of the Public
Employees Retirement System and the City Council of Chula Vista
b. Resolution /3O/7 - Approving agreement authorizing the merger
of the Montgomery Fire Protection District PERS contract
with that of the City
c. Ordinance X03- Authorizing an amendment to the contract
between the City Council of the City of Chula Vista and
the Board of Administrations of the California Public Employees
Retirement System
SUBMITTED BY: Assistant City Manager
REVIEWED BY: City Manager 4/5ths Vote: Yes No X
On November 12, 1986, the City Council took action to amend the PERS contract
so that it would reflect the merger of the Montgomery Fire Protection District
employeees with that of the City. The initial action taken by the City
Council back in November 1986 included documents provided by the PERS system
that did not recognize the City' s intention that Montgomery fire personnel ,
after the merger, were to be treated as City employees for retirement benefits
in the future as though they were Chula Vista fire fighters from the start
of their employment with the Montgomery Fire Protection District. As a
result of that error, PERS had to conduct a new actuarial study to establish
what the new rates would be if the merger reflected the City' s intention.
A great deal of time has elapsed, but finally the City can adopt the necessary
resolutions and ordinances to effectuate that merger.
RECOMMENDATION: Adopt resolutions declaring our intent to approve an amendment
to the contract and providing for the agreement to merge,
and place ordinance on first reading, authorizing an amendment
to the PERS contract.
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
DISCUSSION:
The Public Employees Retirement law sets forth procedures by which public
agencies may elect to make amendments to their contracts providing retirement
benefits to their employees. The first step in that procedure is to adopt
a resolution of intention giving notice of the proposed amendment and a
summary of the changes that are to occur. In this instance, the City, in
adopting a resolution of intention, will be giving notice to amend their
contract to provide for the merger of the Montgomery Fire Protection District
with the City' s in accordance with the appropriate Government Code sections.
No changes in benefits will occur.
Item No. 8a, b , c
Meeting Date 5/5/87
Certain other procedural steps are required, including the need to make
public at least two weeks prior to the adoption of the final ordinance
any changes in benefits or costs that will be experienced as a result of
the amendment. In our case, this report, which is a public document, meets
the requirements of Government Code Section 7507 and provides the public
the required notice of changes that we expect will occur as a result of
the amendment and the financial impact of the amendment. The amendment
will result in a reduction in our current PERS rate of 26.621% to 25.874%,
or a reduction of .074% by reason of the merger. This percentage (25.874%)
is a projected actuarial rate to the year 2011 but our contract reads that
the employer rate is subject to change with future amendments and/or experience
and other factors. Based upon our current safety member payroll , our annual
cost at 25.874% of payroll is approximately $1 ,821 ,335. The amendment creates
no additional miscellaneous employee costs, and therefore the financial
impact is nil .
FINANCIAL IMPACT:
The first 12 months' savings in retirement costs for the City will be approximately
$52,580 as a result of the merger amendment.
ERA:mab
/6.d.ga/
by the City Council of
Chula Vista, California
Dated -5
-1"--PERS
Field and Contracts Services Division
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3608
Reply to Section 900
326-300u (Telecommunications rield & Contracts
Device for the Deaf) Services Division
April 21 , 1987 Employer Code #0 195
Mr. E. R. Asmus
Assistant City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
Dear rir. Asmus:
Enclosed are two copies of the Resolution of Intention (Form 122) to amend
your agency's contract to provide for the merger of the Montgomery Fire
Protection District #1099, into the contract of the City of Chula Vista
pursuant to Government Code Section 20567.1 . All benefits provided under the
contract of the City of Chula Vista except Section 21382.2 ( Increased Level of
1959 Survivor Benefits) shall apply to all past service for former employees of
the Montgomery Fire Protection District pursuant to Section 20567.8 for local
miscellaneous and local safety members.
Also enclosed are the following required forms:
1 . Form CON-12, Certification of Governing Body' s Action.
2. Form CON-12A, Certification of Compliance With Government Code
Section 75 07.
3. Agreement Authorizing a merger of the contracts of the Montgomery Fire
Protection District and the City or Chula Vista.
4. Form CON-11A, Sample Ordinance.
The sample Ordinance is a guide only and is included to allow sufficient time
to prepare the Ordinance for a first and final reading. The Resolution of
Intention and accompanying documents should not be held pending final reading
of the Ordinance.
Although this amendment creates no additional employer costs, Government Code
Section 7507 requires your governing body to make public the change in benefits
at a public meeting at least two weeks prior to the adoption of your final
Ordinance.
L
California Public Employees' Retirement System
Lincoln Plaza-400 P Street—Sacramento, CA
The facts that you must make public are: Local Miscellaneous Members
The local miscellaneous rate for your agency is 9 .058% and is not affected by
the merger, but, as your contract reads, the employer rate is subject to change
with future amendments and/or experience and other factors.
The facts that you must make public are: Local Safety Members
The rate for your agency without the optional benefit is 26.621%. Your new
rate is 25 .872%, thus the change in cost of the optional benefit is 0.749% ,
(26.621% - 25.872%) . Apply this percentage to the most current payroll figures
for the next 12 months to compute the dollar amount. This percentage decrease
is the projected actuarial rate to the year 2011 , but, as your contract reads,
the employer rate is subject to change with future amendments and/or experience
and other factors. These are the cost figures which must be made public at a
public meeting at least two weeks prior to the adoption of your final
Ordinance.
Since this amendment will be effective prior to July 1 , 1987, these rates are
based on 1986 assumptions and June 30, 1985 data. Your agency will be notified
of the updated July 1 , 1987 rate which will reflect this June 30, 1986 data and
your current amendment.
As soon as we receive one executed copy of the Resolution of Intention, Certi-
fication of Governing Body's Action (torm CON-12) , certification of Compliance
C With Government Code Section 7507 (Form CON-12A) , and any other required forms,
we will forward additional copies of the amendment and the documents necessary
to complete your governing body's final action. That final action will require
an affirmative vote of the majority of your governing body and must be deferred
for at least twenty days after the adoption of the Resolution of Intention.
In summary, the following documents must be returned to this office before we
can forward final documents to you. ORIGINAL SIGNATURES ARE REQUIRED ON ALL
OF THESE DOCUMENTS - DO NOT HOLD THESE DOCUMENTS PENDING THE FINAL READING OF
YOUR ORDINANCE.
1 . One executed copy of the Resolution of Intention, original or
certified copy.
2. Certification of Governing Body's Action (Form CON-12) , original or
certified copy.
3. Certification of Compliance With Government Code Section 7507
(Form CON-12A) , original or certified copy.
4. Two executed copies of the Agreement to Merge.
According to the "Anticipated Schedule of Agency Actions" , your agency plans
to adopt its Resolution of Intention on April 28, 1987. If this date is
met, the earliest date your agency can have the final reading of the
Ordinance is May 18, 1987. This meets the 20 day waiting period required by
Government Code Section 20460. THERE CAN BE NO EXCEPTIONS TO THIS LAW.
The effective date of this amendment cannot be earlier than the beginning
of a payroll period following the effective date of the final action of your
governing body.
If you have any questions regarding this letter or the enclosed material,
please do not hesitate to contact me at (91b) 326-3614.
Yours truly,
17 // ■070 ,
Nancy Turner, Retirement Specialist
Contracts Office
Field & Contract Services Division
NT:de
Enclosures
cc: San Diego Field Office
FCSu—CON-32 (AMENDMENT)
C0402A (Rev. 11/85)
S/f
CITY OF
CHUIA VISTA
OFFICE OF THE CITY CLERK
October 9, 1987
Mr. Oscar C. Davila
172 N. El Camino Real
Encinitas, CA 92024
Dear Mr. Davila:
The City of Chula Vista, a municipality of the State of California, hereby
confirms to you that we have entered into the Agreement Granting to the
City of Chula Vista Temporary Construction Easement and Permanent Easement
for Drainage Purposes under threat of, and in lieu of initiating, condem-
nation proceedings against the real property described below. This letter
is being given to you pursuant to section 1033 of the Internal Revenue
Code of 1986.
The real property involved in this transaction is legally described as
follows:
Parcel 2 in the City of Chula Vista, County of San Diego, State of
California, according to Map thereof No. 990 filed in the Office
of the County Recorder for the County of San Diego, State of Cali-
fornia on September 14, 1972.
Nothing contained in this letter should be construed as rendering tax
advice to you in connection with this transaction.
Very truly yours,
CITY OF CHULA ISTA
By: 4 (;/
APPROVED AS TO FORM:
(°/1//S7
Chula Vista City Attornet-
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
COY OF
CHULA VISTA
OFFICE OF THE CITY CLERK
October 12, 1987
Ticor Title Insurance Company of California
925 "B" Street
San Diego, CA 92101
ATTN: Virginia Knatt
Escrow Officer
Dear Ms. Knatt:
Please find enclosed documents needed to open Escrow as explained in paragraph
number four, page 2 of the "Agreement Granting to the City of Chula Vista
Temporary Construction Easement and Permanent Easement for Drainage Purposes."
I am enclosing all of the signed originals for this transaction that we have
processed through this office, however, I have sent an "Easement for Drainage
Purposes" which Oscar Davilla needed to sign and notarize and a "Temporary
Grant of Construction Easement" to his attorney Michael Levinson of Solomon,
Ward, Seidenwurm & Smith at 401 "B" Street, Suite 1200, San Diego, 92101.
Mr. Saucedo, of the Engineering Department here at the city informs me that
they will forward this information to you when signed.
If you have any questions regarding this matter please feel free to call
Mr. Roberto Saucedo at the City Engineering Department at 691-5023.
Thank you for your help in this matter.
Mary E. Chavez
City Clerk's Office
CC: Roberto Saucedo
Michael Levinson
(Solomon,Ward,Seidenwurm & Smith)
Oscar Davilla
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
■
CITY OF
CHULA VISTA
OFFICE OF THE CITY CLERK
October 9, 1987
Mr. Oscar C. Davila
172 N. El Camino Real
Encinitas, CA 92024
Dear Mr. Davila:
The City of Chula Vista, a municipality of the State of California, hereby
confirms to you that we have entered into the Agreement Granting to the
City of Chula Vista Temporary Construction Easement and Permanent Easement
for Drainage Purposes under threat of, and in lieu of initiating, condem-
nation proceedings against the real property described below. This letter
is being given to you pursuant to section 1033 of the Internal Revenue
Code of 1986.
The real property involved in this transaction is legally described as
follows:
Parcel 2 in the City of Chula Vista, County of San Diego, State of
California, according to Map thereof No. 990 filed in the Office
of the County Recorder for the County of San Diego, State of Cali-
fornia on September 14, 1972.
Nothing contained in this letter should be construed as rendering tax
advice to you in connection with this transaction.
Very truly yours,
CITY OF CHULA ISTA
By: ,, /42. CT?(
APPROVED AS TO FORM:
1 (:).5 rQ/07
Chula Vista City Attorne y
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
Exhibit D
[Letterhead of City of Chula Vista]
Date
Mr. Oscar C. Davila
172 N. El Camino Real
Encinitas, CA 92024
Dear Mr. Davila:
The City of Chula Vista, a municipality of the State of
California, hereby confirms to you that we have entered into the
Agreement Granting to the City of Chula Vista Temporary
Construction Easement and Permanent Easement for Drainage Purposes
under threat of, and in lieu of initiating, condemnation
proceedings against the real property described below. This
letter is being given to you pursuant to Section 1033 of the
Internal Revenue Code of 1986.
The real property involved in this transaction is legally
described as follows:
Parcel 2 in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof No. 990 filed in
the Office of the County Recorder for the County of San Diego,
State of California on September 14, 1972.
Nothing contained in this letter should be construed as rendering
tax advice to you in connection with this transaction.
Very truly yours,
CITY OF CHULA VISTA
By:
APPROVED AS TO FORM:
'''\bik:.--J-/(/Chula Vista CO tit rney