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Home My WebLink AboutRES NO 072-10 RESOLUTION NO. 0 7 2- 1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO PENSION BENEFITS AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, AS CALLED BY RESOLUTION NO. 060-10 WHEREAS, the California General Election will be held on Tuesday, November 2, 2010; and WHEREAS, a General Municipal Election (Election herein) on November 2, 2010, has been called by Resolution No. nfin-in , adopted on JUN 0"10 2010, by the City Council of the City of Bakersfield; and WHEREAS, the City Council also desires to submit to the voters at the Election a measure relating to pension benefits for new sworn public safety employees; and WHEREAS, Article VII, Section 74 of the Charter of the City of Bakersfield prescribes that unless otherwise provided by the Bakersfield City Charter all elections shall be held in accordance with the Elections Code and Government Code of the State of California. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Election the following measure: MEASURE YES Shall the City of Bakersfield adopt the following law: Effective January 1, 2011, new City of Bakersfield sworn public safety employees will pay 100% of their employee pension contribution and be eligible for a NO maximum retirement allowance with the Board of Administration of the Public Employees' Retirement System (PERS) at a 2% at age 50 formula based on their average salary calculated over 36 highest paid consecutive months. S:\COUNCIL\Resos\09-10\Nov_Ballot_2.doc Page 1 of 3 Pages _ m r V O ORIGINAL 2. That the text of the Ordinance submitted to the voters is attached as Exhibit "A." 3. That the City Attorney shall prepare an impartial analysis of the measure in accordance with §9280 of the California Elections Code concerning the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk according to State law. 4. That the City Clerk is hereby authorized and directed to certify the adoption of this resolution, transmit to, and file with the Board of Supervisors and the County Elections Department of the County of Kern. 5. That the Board of Supervisors is requested to issue instruction to the County Elections Department to take any and all steps necessary for the holding of the consolidated election. The election shall be held in all respects as if there were only one election. 6. That the County Elections Department is hereby authorized and requested to canvass the returns of said Election and to certify such canvass of the votes so cast, to the City Clerk. 7. That in all particulars not recited in this Resolution, the Election shall be held and conducted as provided by law for holding municipal elections. 8. That notice of the time and place of holding the Election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 9. That the City Clerk is hereby authorized and directed to give all notices and perform all advertising as required by law and perform or cause to be performed all the duties and functions in the conduct of the Election as required by State law. 000---------- ~gAKF9 ~ S:\C0UNCIL\Resos\09-10\Nov_Ballot_2.doc O Page 2 of 3 Pages V b ORIGINAL 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 JUN 0 9 2010 by the following vote: AYES: COUNCILMEMBER CA RS ON, BENHAM, WEIR, COUCH, HA ON, SULLIVAN, SCR NER COUNCILMEMBER '(\'6Y\9-. ABSTAIN COUNCILMEMBER Y~i`it~St ABSENT: COUNCILMEMBER_ nb~4 , 4" 'IfalIxetIll" ROBERTA GAFFORD, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 0 9 2010 By HARVE . HALL Mayor APPROVED AS TO FORM: VIRGINIA GE ARO City Attorn y By VI INIA ENNARO City Attorney VG:CKI:Isc Attachment: Exhibit "A" ~~AKFy S:\COUNCIL\Resos\09-10\Nov_Ballot_2.doc i Page 3 of 3 Pages o ORIGINAL ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD ADDING CHAPTER 2.85 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO PENSION BENEFITS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 2.85 of the Bakersfield Municipal Code is hereby added to read as follows: Chapter 2.85 PENSION BENEFITS 2.85.010 Definitions. 2.85.020 Pension benefits for public safety employees. 2.85.030 Employer paid member contribution (EPMC). 2.85.040 Amendments. 2.85.010 Definitions. A. As used in this chapter, "public safety employee" means any sworn police or fire safety personnel hired on or after January 1, 2011 and who has successfully completed his/her probationary period. B. As used in this chapter, "EPMC" means Employer Paid Member Contribution as that term is defined by CalPERS on the effective date of this ordinance. 2.85.020 Pension benefits for public safety employees. Effective January 1, 2011, a public safety employee will be eligible for a maximum retirement allowance with the Board of Administration of the Public Employees' Retirement System (PERS) at a 2% at age 50 formula based on his/her average salary calculated over 36 highest paid consecutive months. EXHIBIT "A" SACOUNCUOrds\09-10 Ords\2.85 PensionsCombo.doc o`` 0AKF9~ Page 1 of 3 Pages U r- O ORIGINAI 2.85.030 Employer paid member contribution (EPMC). Effective January 1, 2011, a public safety employee shall pay 100% of their member contribution to the Public Employees' Retirement System (PERS). 2.85.040 Amendments. Chapter 2.85 was adopted by the voters of the City of Bakersfield on November 2, 2010 and therefore, may only be changed or repealed by a vote of the People of the City of Bakersfield. SECTION 2. This Ordinance shall be posted in accordance with the California Elections Code and shall become effective ten (10) days after the date of its passage. --00000-- SACOUNCUOrdsM-10 Ords\2.85 PensionsCombo.doc 8k$PA6, , m Page 2 of 3 Pages o ORIGINAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ROBERTA GAFFORD, CMC CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney VG:Isc S:\000NCIL\Ords\09-10 Ords\2.85 PensionsCombo.doc o~~pK~9 J' Page 3 of 3 Pages m r- U O ORIGINAL PROPOSED MEASURE LANGUAGE Shall the City of Bakersfield adopt the following law: Effective January 1, 2011, new City of Bakersfield sworn public safety employees will pay 100% of their employee pension contribution and be eligible for a maximum retirement allowance with the Board of Administration of the Public Employees' Retirement System (PERS) at a 2% at age 50 formula based on their average salary calculated over 36 highest paid consecutive months, S;\COUNCIL\MEMOS\09-10\Combined Pension EPMC Measure Language.doc o``gAKF9~ ~ m r v o ORIGINAL