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HomeMy WebLinkAboutRES NO 10-79RESOLUTION NO.' 10-7~9 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE CITY'S EMERGENCY PLAN TO INCLUDE THEREIN THE KERN COUNTY FLOOD EVACUATION PLAN. WHEREAS, this Council has heretofore by its Resolution No. 68-73 adopted the City of Bakersfield Emergency Plan including therein certain attachments and annexes of the Kern County Emergency Plan; and WHEREAS, said City of Bakersfield Emergency Plan did not include comprehensive provisions for flood evacuation; and WHEREAS, the Kern County Flood Evacuation Plan has been compiled by representatives of said County and the cities therein, including the City of Bakersfield, in conjunction with the Kern County Office of Emergency Services, and it is in the best interest of the City and the inhabitants thereof that said Flood EvacuatiOn Plan be adopted as a part of the City of Bakersfield Emergency Plan. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The City of Bakersfield Emergency Plan as adopted by Resolution No. 68-73 is hereby amended by adding thereto and hereby incorporating therein the Kern County Flood Evacuation Plan. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 24th day of January, 1979, by the following vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDERS, PATTY, NOES: COUNCILMEN: ,A./OAi t ABSENT: COUNCILMEN: . '~(t tp.~.,J,....'~. _~ ABSTAINING COUNCILMEN: N D J~ ~" - STRONG CITY C~~K~an fficio Clerk of Council of~;akersfield the .{'. .;~,=~"'~:--/~. ~ APPROVED as to form: RBSOLUTION NO. 9- 79 RESOLUTION OF INTENT10N TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC ~MPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF BAKERSFIELD X~IEREAS, 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 them- selves and their employees to amendments to said law; and ~EREAS, one of t~ steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolu- tion giving notice of its intention to approve an amendment to said contract, which resolution shall contain a s,mm~ry of the change ~oposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20024.2 (one-year final compen- sation) for miscellaneous and local safety members and 2% at 55 Full Formula for local safety members. NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency gives, and it does hereby give notice of intention to approve an amendment to the contract betwean the said governing body 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. January 24, 1979 (Date adopted and approved) BY Ret. Form 122 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 24th day of January, 1979, by the follow- ing vote: AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDERS, RA"ITY, .,;.N,:,e,%.k-~, STRONG NOES: COUNCILMEN: ABSENT: COUNCILM_EN_:__.k..~'~)C.,,f.-' ABSTAINING COUNCILM~:N: J~JOJkJ("'-.-' .._ CITY ~RK~anS~Ex fficio Cler of Council of the~Bakersf~eld ,~City Bakersfield APPROVED ~ as ~'~ form: the Public Employees' Retirement Sy tern Pos[, Office Box 1953 Sacramento CA 95809 ~ERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certffy that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary have been made public at a public meeting at least two weeks prior to the adoption of the increase in public retirement lan (one-year final compensation) ~or miscel- laneous and local safety members and 2% at benefits as provided by the 55 Full Formula for local safety members. (optional benefit) which was adopted by the City Council of (legislative body) the city of Bakersfield on the January 24, 1979 o (public agency) (date) Date: Jan. 25, 1979 PEBS-CON-12A (9-78) CERTIFICATION_OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council (Governing Body) of the City of Bakersfield (Name of Public Agency) " On January 24, 1979 (Date) · appearing at Page Volume of the (Minutes) ~~]~XMMK~X~ of the City COuncil of the City of_Bakersfiel~. (Governing Body) PERS-CON'I2 (I 1/77) BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' KETIRDIENT SYSTF2.,I CITY COUNCIL OF THE CITY OF B~j<ERSFIELD The Board of Administration,' Public 'Employees' Retirement System, herein- after referred to as "Board", and the governing body of above public agency, hereinafter referred to as "Public Agency", having entered into a contract under date of July 17, 1944, effective August 1, 1944, and as amended effective January 1, 1950, November 1, 1937, October 1, 1958, April 1, 1965, October 1, 1967, January 1, 1971, June 26, 1972, January 22, 1973, May 23, 1973, September 19, 1973, April 24, 1974, January 1, 1977, September 25, 1978, which provides for par~icipation of Public Agency in said System, Board and Public Agency hereby agree as follows: Ae Paragraphs 1 through 11 are hereby stricken from said contract as executed effective September 25, 1978, and hereby replaced by the following paragraphs number 1 through 11 inclusive: All words and terms used herein which' are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided· "Normal retirement age" shall mean age 60 for miscellaneous members and' age 55 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after August 1, 1944, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not' provided for herein and to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on ~he election of contracting ~gencies, Fa~loyees of Public Agepcy in the following classes shall become mbers of said Retirement System except such in each such class as are excluded by law or this agreement: a. Locsl Firemen (herein referred to as loc~~ safely members); b. Local Policemen (herein referred to as local safety members); c, Employees other than local safety m~nbers (herein referred to as miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall no~ become members of said Retirement System: EXCLUDE ALL FIPa2.mN EMPLOYED ON OR PRIOR TO JUNE 26, 1972 EXCEPT THOSE IN E2~LOYIeNT ON CONTRACT DATE WHO WAIVED RIGHTS 'UNDER THE LOCAL SYSTEM. C0N-702-1 · AND ALL LI E . - O~ OR AFTER FEBRUARY 1, 1974 Assets heretofore accumulated with respect to members in the local Retirement System upon contract date who waived their rights under that system shall be transferred to the Public Employees' Retirement System upon the effective date of this contract and applied against the liability for prior service incurred hereunder. That portion of the assets so transferred which represents the accumulated contributions (plus interest thereupon) required of the employees under said local system shall be credited to the individual membership account of each such employee under the Public Employees' Retirement System. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60). The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.6 of said Retirement Law (2% at 55). The following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local safety members, with benefit payments commencing prior to age 55 subject to actuarial discount). Section 21361.5 (providing that years of service rendered as a member of the Bakersfield Fire Department Disability and Ketire- merit System prior to the effective date J~ this amendment to contract shall be included in the computation of the basic death benefit provided in Section 21361 upon the death of any member who was also a member of said Local System). c. Sections 21263 and 21263.1 (providing upon the death of a member who retired for service or disability for continuance of a post-retirement survivor allowance to certain survivors), for local safety members. d. Sections 21380-21388 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member's death before retirement). Section 21222.1 (providing a five-percent increase in allowance to which the annual cost-of-living provisions apply, ~ayable for time commencing on the first day of the calendar month coinciding with-or next following the effective date of the amendment to add this section to this contract, to or on account of members retired or deceased on or prior to December 31, 1970). Section 21222.6 (providing a fifteen-percent increase in allowances to which the annual cost-of-living provisions apply, payable for time commencing on the first day of the calendar month coinciding with or next following the effective date of the amendment to add this section to this contract, to or on account of certaim miscellaneous members retired or deceased prior to July 1, 1971)o CON-702-2 Section E2.85 (providing increases from 31 to 15%, d~epending on date of retirement or death, in allowaOces to which the annul cost-of-living provisions apply, pa~able..for time commencing on the first day of the calendar month coinciding with or next following the effective date of the amendment to add this section to this contract, to or on account of members retired or deceased on or prior to December 31, 1973). he Section 20024.2 (defining "final c~pensation" on the basis of average compensation earnable during the year immediately preceding retirement or any other one year period elected by the member). Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on January 1, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Covernment Code, and accumulated contributions as of the afore- mentioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 9. Public Agency shall contribute to said Retirement System as follows: ae With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 1.063 percent until J~me 30, 1980 on account of the. liability for prior service benefits. (2) 12.294 percent on account of the liability for current service benefits. (3) 0.242 percent on account of the liability for the 1959 Survivor Program. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 1.700 percent until June 30, 2002 on account of the liability for prior service benefits. (2) 19.148 percent on account of the liability for current service benefits. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs o~ special valuations or of the periodical investigation and valuations required by law. A reasonable amount as fixed by the Board, payable in one installment as the occasions arise, ~o cover the costs of special valuations on account of employees of Public Agency, and costs of the periodical investigation and valuations required by law. C0N-702-3 CQntri~utions~required of Public Agency and i~employees shall be ~subj~ct~to adjustment by Board on account of amendment~o Public Employees' Retirement Law, and on account of the experience under the Retirement Sy'stem as determined by the periodical Investigation and valuation required by said Retirement Law. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances,.or adjustments on account of errors ~n contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. B. Th~s amendment shall be attached to said contract and shall be effective on the day of , 19 Witness our hands this day of BOARD OF ADHINISTRATION FOBLIC ~2,~LOYEES' RETIRE.lENT SYSTm{ B~ Carl J. Blechinger, Approved as to form:  COUNCIL ~~~\ aF BAKERSFIELD Presiding Officer Arteat: , 19 La~al Office, PERS C~erk C0~-702-4