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HomeMy WebLinkAbout2010/10/05 Item 1 CITY COUNCIL AGENDA STATEMENT .::::::~~ CITY OF - - CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: OCTOBER 5, 2010, ItemL RESOLUTION OF THE CITY COUNCIL APPROVING PENSION REFORM, WHICH REFORM SHALL REQUIRE THE MAYOR, COUNCILMEMBERS, THE CITY MANAGER, THE CITY ATTORL"IEY, THE CITY CLERK, AND EMPLOYEES IN THE EXECUTIVE, SENIOR MANAGER, MID-MANAGER UNCLASSIFIED, MID- MANAGER CONFIDENTIAL, PROFESSIONAL UNCLASSIFIED, PROFESSIONAL CONFIDENTIAL AND CONFIDENTIAL EMPLOYEE GROUPS TO MAKE CONTRIBUTIONS, WHICH WILL BE APPLIED TO THE CITY'S CONTRIBUTION TO CALPERS FOR OPTIONAL BENEFITS, TO SHARE PENSION COSTS WITH THE CITY; DIRECTING THE CITY MANAGER TO ESTABLISH A SECOND TIER CALPERS RETIREMENT PLAN FOR THE MAYOR, COUNCILMEMBERS, THE CITY MANAGER, THE CITY ATTORNEY, THE CITY MANAGER, THE CITY CLERK, AS THEY ARE NEWLY ELECTED OR APPOINTED, AND NEW EMPLOYEES IN THE AFOREMENTIONED EMPLOYEE GROUPS; AND PROVIDING AUTHORIZATION TO THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO EFFECTUATE PENSION REFORMS STATED HEREIN 0"/ DIRECTOR OF HU~RESOU..RCES ~~ CITY MANAGER. ASSISTANT CIn': ANAGERcS1' 4/5THS VOTE: YES D NO ~ SUMMARY The City is facing a significant budget shortfall for fiscal year 2011-2012, specifically a 12.5 million dollar deficit (which may grow larger). In addition, the Five- Year Financial Forecast Report states that budget deficits will continue for additional fiscal years. Pension reform, including the requirement that employees share in the costs for their 1-1 OCTOBER 5, 2010, Item~ Page2 of 6 pension and a second tier retirement plan, is an important step to addressing the deficits the City faces. The Mayor, Councilmembers, the City Manager, the City Attorney, the City Clerk, and employees in the Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential employee groups have expressed a willingness to participate in the necessary pension reform, specifically, they have expressed agreement to share in the cost of their pension by making contributions, which will be applied to the City's contribution to CalPERS for optional benefits, in the amounts of eight percent (8%) for employees in the "miscellaneous" CalPERS member category and nine percent (9%) for employees in the "local police" and "local firefighter" CalPERS member categories. The Resolution implements that expressed agreement to share in pension costs with the City and, as a result, the City will save approximately $426,140 in the current fiscal year and $852,280 in fiscal year 2011-12. The aforementioned cost sharing would be effective January 14, 2011. The resolution also directs the City Manager to establish a Second Tier CalPERS Retirement Plan for the Mayor, Councilmembers, the City Manager the City Attorney, and the City Clerk, as they are newly elected or appointed, and new employees in the aforementioned employee groups. The second tier retirement pension benefit plan would be effective at the earliest possible date after compliance with the relevant Government Code provisions. The proposed actions would assist to reduce the City's budget deficit for fiscal year 2011-2012 and beyond. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIvIty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because approval of employee pension reform does not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary RECOMMENDATION That Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City is facing a significant budget shortfall for fiscal year 2011-2012, specifically a 12.5 million dollar deficit (which may grow larger). In addition, the Five-Year Financial Forecast Report states deficits will continue for additional fiscal years. The City has recognized these budgetary shortfalls and has declared a fiscal emergency, as stated in Resolution 2010-147. 1-2 OCTOBER 5, 2010, Item-'-- Page 3 of6 The City's response to this fiscal emergency must address both immediate and long-term fiscal stability. Pension reform contributes to the City's immediate and long-term fiscal stability. Pension reform includes the requirement that employees share in the cost of their pension and the establishment of a second tier retirement plan for new employees. A. Emplovee Pension Cost Sharing The City currently bears the full costs of funding the pension for all City employees, including making "employee contributions" to CalPERS in the statutory amounts of eight percent (8%) for the "miscellaneous" CalPERS member category and nine percent (9%) for "local police" and "local firefighter" CalPERS member categories. The Mayor, Councilmembers, the City Manager, the City Attorney, the City Clerk, and employees in the Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential employee groups, recognizing the City's dire fiscal situation and showing a willingness to be part of the solution, have expressed an agreement to share in the costs of their pension by making contributions, which would be applied to the City's contribution to CalPERS for optional benefits, in the amounts of eight percent (8%) for employees in the "miscellaneous" CalPERS member category and nine percent (9%) for employees in the "local police" and "local firefighter" CalPERS member categories. The aforementioned employee contribution would be effective January 14, 2011, the first payday of 20 11. The pension cost sharing by the Mayor, Councilmembers, the City Manager, the City Attorney, the City Clerk, and employees in the Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential employee groups will save the City approximately $426,140 in the current fiscal year and $852,280 in fiscal year 2011-12. Moreover, the savings to the City will continue into the future. These employees are to be commended for their actions that will directly aid the City in resolving the fiscal emergency it faces. A complete list of classifications falling within the Executive, Senior Manager, Mid- Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential employee groups discussed herein is attached as Attachment 1. The contributions made by the aforementioned employees to share the costs for their pension will be on a pre-tax basis, to the extent permitted by the Internal Revenue Code. However, given that the Internal Revenue Code and attendant Revenue Rulings and case law are subject to change, the employee is ultimately and solely responsible for the tax consequences of such contributions. Staff is working with CalPERS to prepare resolutions and documents necessary to ensure that the employee contributions are pre- tax. Such resolutions and documents would be submitted at time frames to ensure the January 14, 2011 effective date is met. 1-3 OCTOBER 5, 2010, Item~ Page 4 of 6 B. Second Tier CalPERS Retirement Plan. Establishment of a second tier retirement plan, as described below, would provide the City a long-term fiscal benefit. The City would generate a savings because the City's cost to fund the proposed Second Tier CalPERS Retirement Plan for new employees would be lower than its costs to fund the current plan for those same employees. Currently, the City provides a retirement plan for its employees through CaIPERS. The components of the retirement plan are set forth in the various MOU's for represented employees and by prior resolution for unrepresented employees. As previously stated, the City currently fully funds the retirement plan. Among the key components in the current retirement plan, are the following: I. A 3% @ 60 benefit calculation for employees in the "miscellaneous" CalPERS member category and a 3% at 50 benefit calculation for employees in the "local police" and "local firefighter" member categories; 2. The use of the highest one-year final compensation in the benefit calculation; 3. Employer paid "employee contribution"; and 4. Inclusion of employer paid "employee contributions" as part of the highest one- year final compensation. By reducing and/or eliminating these key components to the current retirement plan, the City can decrease its pension costs. Accordingly, it is proposed that a Second Tier CalPERS Retirement Plan be created for the Mayor, Councilmembers, the City Manager, the City Attorney, the City Clerk, as they are newly elected or appointed and new employees in the Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential employee groups be established. This proposed Second Tier CalPERS Retirement Plan affects only new employees in the aforementioned positions, not current employees in those positions. The proposed Second Tier CalPERS Retirement Plan City would amend the key components of the current retirement plan, identified above, as follows: I. For the aforementioned employees in the "miscellaneous" CalPERS member category, their current benefits would be amended as follows: (I) a 2% @ 60 calculation; (2) that the employees make 100% of the statutory employee contribution to CaIPERS, currently 8%; (3) that there be no final year concession of said payments to compensation for CalPERS benefit calculation purposes; (4) the use of average highest three years calculation; and (5) the City will no longer provide for subsidized retiree health care rates by offering a blended health care rate for employees hired under the Second Tier CalPERS Retirement Plan; and 2. For the aforementioned employees in the "local police" and "local firefighter" CalPERS member categories, their current benefits would be amended as follows: (I) a 2% @ 50 calculation; (2) that the employees make 100% of the 1-4 OCTOBER 5, 2010, ItemL Page 50f6 statutory employee contribution to CalPERS, currently 9%; (3) no final year concession of said payments to compensation for CalPERS benefit calculation purposes; (4) the use of average highest three years calculation; and (5) the City will no longer provide for subsidized retiree health care rates by offering a blended health care rate for employees hired under the Second Tier CalPERS Retirement Plan. The proposed Second Tier CalPERS Retirement Plan can only be implemented after compliance with Government Code sections related to "meet and confer" with Bargaining Units and CalPERS contract amendments. The Government Code requires that changes to retirement benefits, including establishment of a Second Tier CalPERS Retirement Plan, for employees in the "miscellaneous," "local police," and "local firefighter" CalPERS member categories be applied uniformly within each of these categories. The "miscellaneous," "local police," and "local firefighter" member categories for the City of Chula Vista includes not only the aforementioned employees, but also includes employees that are represented by Bargaining Units. As a result, before a Second Tier CalPERS Retirement Plan may be established, the City must meet and confer in good faith with each of the Bargaining Units representing employees in the "miscellaneous," "local police" and "local firefighter" CalPERS member categories. Thereafter, a Second Tier CalPERS Retirement Plan may be established for each of the CalPERS member categories by reaching separate mutual agreements with the Bargaining Units representing employees in the "miscellaneous," "local police," and "local firefighter" CalPERS member categories or after utilization and completion of the impasse procedures stated in the City's Employee Relations Policy with those Bargaining Units. In sum, the Pension Reforms discussed herein, will assist the City to rectify the structural deficits it currently faces. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section I 8704.2(a)(l) is not applicable to this decision. CURRENT YEAR FISCAL IMP ACT The projected annual total savings to be realized as a result of the affected employees making contributions to share pension costs at the CalPERS' 8% ("miscellaneous" CalPERS employee category) or 9% ("local police" and "local firefighter"CalPERS employee categories) employee contribution rates will be $426,140 in the current fiscal year and $852,280 in fiscal year 2011-12. ONGOING FISCAL IMPACT There will be an ongoing annual savings of 8% of the "miscellaneous" (non-safety) employees' and 9% of the "local police" and "local firefighter" employees' PERSable compensation. 1-5 OCTOBER 5, 2010, ltemL Page 6 of 6 ATTACHMENTS 1. List of classifications falling within the Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential Employee Groups. Prepared by: Kelley Bacon, Director of Human Resources, and Simon Silva, Deputy City Attorney 1-6 ATTACHMENT 1 The following is a list of employee classifications (including PCN) within the Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential employee groups. EXECUTIVE GROUP 2703 ASST CITY MANAGER 2707 ASST CITY MANAGER/ADMIN 5272 CBAG EXECUTIVE DIRECTOR 5001 CHIEF OF POLICE 2714 DEP CITY MGR/DIR OF DEV SVCS 3501 DIR OF BUDGET AND ANALYSIS 2737 DIR OF CONSERV & ENVIR SERV 6006 DIR OF ENG/CITY ENGINEER 3601 DIR OF FINANCE 3303 DIR OF HUMAN RESOURCES 3001 DIR OF INFO TECH SVCS 7002 DIR OF LIBRARY 4403 DIR OF PLANNING & BLDG 6320 DIR OF PUBLIC WORKS 7405 DIR OF RECREATION 4201 DIR OF REDEVLPMENT & HOUSING 5501 FIRE CHIEF 2403 SR ASST CITY ATTORNEY SENIOR MANAGER GROUP 0215 ADMIN SERVICES MANAGER 4725 ADVANCED PLANNING MANAGER 5011 ASST CHIEF OF POLICE 2405 ASST CITY ATTORNEY 2406 ASST CITY ATTORNEY/L1TG 2209 ASST CITY CLERK 3604 ASST DIR OF FINANCE 6322 ASST DIR OF PUBLIC WORKS 4203 ASST DIR OF REDEV & HOUSING 1-7 6008 ASST DIRECTOR OF ENGINEERING 2222 BUDGET & ANALYSIS MANAGER 5269 CBAG DEPUTY DIRECTOR SO LECC 5273 CBAG DEPUTY EXEC DIR 5274 CBAG DIRECTOR OF SO LECC 5445 CBAG PROGRAM MANAGER 6010 CITY ENGINEER 4757 CODE ENFORCEMENT MANAGER 4706 DEPUTY BUILDING OFFICIAL 2411 DEPUTY CITY ATTY III 2412 DEPUTY CITY ATTY III/LAND USE 4408 DEPUTY DIR OF PLANNING 5505 DEPUTY FIRE CHIEF 4723 DEV PLANNING MANAGER 2720 ECONOMIC DEVELOPMENT OFFICER 3621 FISCAL OPERATIONS MANAGER 3317 HR OPERATIONS MANAGER 5022 POLICE CAPTAIN 3711 PURCHASING AGENT 4205 REDEVELOPMENT & HOUSING MGR 4045 REDEVELOPMENT MANAGER 3361 RISK MANAGER 4101 SPECIAL PLANNING PROJ MGR 3682 TREASURY MANAGER MID-MANAGER UNCLASSIFIED GROUP 5449 CBAG NETWORK MANAGER 5507 FIRE DIVISION CHIEF 2465 LAW OFFICE MANAGER 6037 REAL PROPERTY MANAGER 6218 TRANSIT MANAGER MID-MANAGER CONFIDENTIAL GROUP 3404 BENEFITS MANAGER 3630 SR ACCOUNTANT 1-8 PROFESSIONAL UNCLASSIFIED GROUP 5443 CBAG MICROCOMPUTER SPECIALIST 5292 CBAG NTWRKADMINISTRATOR I 5294 CBAG NTWRKADMINISTRATOR II 5444 CBAG PROGRAM ANALYST 2726 COMMUNICATIONS COORDINATOR 2038 CONSTITUENT SERVICES MANAGER 2410 DEPUTY CITY ATTORNEY I 2408 DEPUTY CITY ATTORNEY II 2202 DEPUTY CITY CLERK 2245 DEPUTY CITY CLERK I 2208 SR DEPUTY CITY CLERK PROFESSIONAL CONFIDENTIAL GROUP 0216 FISCAL & MANAGEMENT ANALYST 3310 HR ANALYST 3306 PRINCIPAL HR ANALYST 3308 SR HR ANALYST CONFIDENTIAL EMPLOYEE GROUP 3633 ACCOUNTANT 3643 ACCOUNTING TECHNICIAN 0143 ADMIN ANALYST II 0149 ADMINISTRATIVE SECRETARY 0147 ADMINISTRATIVE TECHNICIAN 3635 ASSOC ACCOUNTANT 3401 BENEFITS TECHNICIAN 5270 CBAG ACCOUNTING TECHNICIAN 5297 CBAG ADMIN ANALYST I 5296 CBAG ADMIN ANALYST II 5277 CBAG ANALYST 5286 CBAG EXECUTIVE ASSISTANT 5289 CBAG GRAPHIC DESIGNER/WBMSTR 1:,-9 ~ 5278 CBAG MANAGEMENT ASSISTANT 5284 CBAG RCFL NETWRK ENGINEER 0187 EXECUTIVE SECRETARY 3315 HR TECHNICIAN 0183 LEGAL ASSISTANT 3341 PERSONNEL TECHNICIAN 0145 SR ADMINISTRATIVE SECRETARY 3403 SR BENEFITS TECHNICIAN 2027 SR COUNCIL ASST 0141 SR FISCAL OFFICE SPECIALIST 3316 SR HUMAN RESOURCES TECHNICIAN 2463 SR LEGAL ASSISTANT 0139 SR SECRETARY 14-10 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL APPROVING PENSION REFORM, WHICH REFORM SHALL REQUIRE THE MAYOR, COUNCILMEMBERS, THE CITY MANAGER, THE CITY ATTORNEY, THE CITY CLERK, AND EMPLOYEES IN THE EXECUTIVE, SENIOR MANAGER, MID-MANAGER UNCLASSIFIED, MID-MANAGER CONFIDENTIAL, PROFESSIONAL UNCLASSIFIED, PROFESSIONAL CONFIDENTIAL AND CONFIDENTIAL EMPLOYEE GROUPS TO MAKE CONTRIBUTIONS, WHICH WILL BE APPLIED TO THE CITY'S CONTRIBUTION TO CALPERS FOR OPTIONAL BENEFITS, TO SHARE PENSION COSTS WITH THE CITY; DIRECTING THE CITY MANAGER TO ESTABLISH A SECOND TIER CALPERS RETIREMENT PLAN FOR THE MAYOR, COUNCILMEMBERS, THE CITY MANAGER, THE CITY ATTORNEY, THE CITY CLERK, AS THEY ARE NEWLY ELECTED OR APPOINTED, AND NEW EMPLOYEES IN THE AFOREMENTIONED EMPLOYEE GROUPS; AND PROVIDING AUTHORIZATION TO THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO EFFECTUATE PENSION REFORMS STATED HEREIN WHEREAS, a significant budget shortfall for the 2011-2012 fiscal year for the City of Chula Vista exists, specifically a 12.5 million dollar deficit (which may grow larger), and a five- year forecast which shows that budget deficits for upcoming fiscal years will likely continue; and WHEREAS, the City currently bears the full costs of funding the City employees' CalPERS Retirement Plan, including making "employee contributions" to CalPERS in the statutory amounts of eight percent (8%) for employees in the "miscellaneous" CalPERS member category and nine percent (9%) for employees in the "local police" and "local firefighter" CalPERS member categories; and WHEREAS, pension reform, including the requirement that employees share in the costs of their pension and the adoption of a Second Tier CalPERS Retirement Plan for new City employees, would assist the City in its effort to reduce the budget shortfall and would promote the long term sustainability of pension benefits and the City desires to implement such pension reform; and WHEREAS, the City would benefit by creating a Second Tier CalPERS Retirement Plan for the Mayor, Councilmembers, the City Manager, the City Attorney, the City Clerk, as they are newly elected or appointed, and new employees in the Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential employee groups by reducing the City's cost to fund the retirement plan for those new employees, which, in turn promotes the City's fiscal ability to fund the retirement plan for all employees and to provide services to the public; and 1-11 Resolution No. 2010- Page 2 WHEREAS, the Mayor, Councilmembers, the City Manager, the City Attorney, the City Clerk, and employees in Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential employee groups, recognizing the City's dire fiscal situation and showing a willingness to assist in the solution of the City's budget shortfall, have expressed an agreement to share in the costs of their pension by making contributions, which will be applied to the City's contributions to CalPERS for optional benefits, in the amounts of eight percent (8%) for employees in the "miscellaneous" CalPERS member category and nine percent (9%) for employees in the "local police" and "local firefighter" CalPERS member categories, effective January 14, 2011, and the City wishes to implement that agreement; and WHEREAS, the pension cost sharing by the Mayor, Councilmembers, the City Manager, the City Attorney, the City Clerk, employees in the Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential Employee Groups will save the City approximately $426,140 in the current fiscal year, $852,280 in fiscal year 2011-12, and such savings will continue into the future. NOW, THEREFORE, BE IT RESOLVED that: I. The Mayor, Councilmembers, the City Manager, the City Attorney, the City Clerk and employees in the Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential employee groups shall make contributions toward sharing in the costs of their CalPERS Retirement Plan as follows: a. The aforementioned employees shall make contributions, which will be applied to the City's contribution to CalPERS for optional benefits, in the amounts of eight percent (8%) for employees in the "miscellaneous" CalPERS member category and nine percent (9%) for employees in the "local police" and "local firefighters" CalPERS member categories, effective January 14, 2011; and b. The aforementioned contributions will be made on a pre-tax basis, to the extent permitted by the Internal Revenue Code, but the employee will remain ultimately and solely responsible for any tax consequences of such contributions. 2. A Second Tier CalPERS Retirement Plan shall be established for the Mayor, Councilmembers, the City Manager, the City Attorney, the City Clerk, as they are newly elected or appointed, and new employees in the Executive, Senior Manager, Mid-Manager Unclassified, Mid-Manager Confidential, Professional Unclassified, Professional Confidential, and Confidential employee groups, which shall encompass the following: a. The current CalPERS Retirement Plan benefits for the aforementioned employees in the "miscellaneous" CalPERS member category shall be amended to require (I) a 2% @ 60 calculation; (2) that the employees make 100% of the statutory 1-12 Resolution No. 20 I 0- Page 3 employee contribution to CaIPERS, currently 8%; (3) that there be no final year concession of said payments to compensation for CalPERS benefit calculation purposes; (4) the use of average highest three years calculation; and (5) the City will no longer provide for subsidized retiree health care rates by offering a blended health care rate for employees hired under the Second Tier CalPERS Retirement Plan; and b. The current CalPERS Retirement Plan benefits for the aforementioned employees in the "local police" and "local fire" CalPERS member categories shall be amended to require (I) a 2% @ 50 calculation; (2) that the employees make 100% of the statutory employee contribution to CaIPERS, currently 9%; (3) no final year concession of said payments to compensation for CalPERS benefit calculation purposes; (4) the use of average highest three years calculation; and (5) the City will no longer provide for subsidized retiree health care rates by offering a blended health care rate for employees hired under the Second Tier CalPERS Retirement Plan; and c. For the aforementioned employees in the "miscellaneous" CalPERS member category, the Second Tier CalPERS Retirement Plan will be effective at the earliest possible date after mutual agreement to the Second Tier CalPERS Retirement Plan by all the Bargaining Units representing employees in the "miscellaneous" CalPERS member category or after utilization and completion of the impasse procedures stated in the City's Employee Relations Policy with those Bargaining Units; and d. For the aforementioned employees in the "local police" CalPERS member category, the Second Tier CalPERS Retirement Plan will be effective at the earliest possible date after mutual agreement to the Second Tier CalPERS Retirement Plan by the Bargaining Unit representing employees in the "local police" CalPERS member category or after utilization and completion of the impasse procedures stated in the City's Employee Relations Policy with the Bargaining Unit. e. For the aforementioned employees in the "local firefighters" CalPERS member category, the Second Tier CalPERS Retirement Plan will be effective at the earliest possible date after mutual agreement to the Second Tier CalPERS Retirement Plan by the Bargaining Unit representing employees in the "local firefighter" CalPERS member category or after utilization and completion of the impasse procedures stated in the City's Employee Relations Policy with the Bargaining Unit. 2. The City Manager is directed and authorized to take all necessary actions to effectuate the Pension Reforms set forth in this Resolution. 1-13 Resolution No. 2010- Page 4 Presented by Approved as to form by ~~6"'d2?~ Kelley Bac n Director of Human Resources .~A Bart C. Miesfeld City Attorney 1-14