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