HomeMy WebLinkAbout2008 CON CALPERS - Amendment(c) Each toilet shall be for the exclusive use of the occupants of the trailer
sites in the auto and trailer park.
(d) Every water compartment in any building in an auto and trailer park shall
be at least thirty (30) inches in clear width.
(e) The public toilets shall be maintained readily accessible to the tenants
at all times.
(f) In every auto and trailer park, water closets for men shall be distinctly
marked "Men"; and water closets for women shall be distinctly marked "Women". In
addition, the location of water closets shall be plainly indicated by signs.
(g) The floor of every water closet compartment shall be constructed and shall
be maintained in a waterproof condition by the use of cement, concrete, or other
approved waterproof material. The waterproof material shall be applied upward on
the interior walls of the water closet compartment to a height of not less than
twelve (12) inches above the floor.
SECTION 19. USE OF TOILETS IN TRAILERS. It is unlawful for any person to use,
or permit the use of, any toilet in any trailer coach within an auto and trailer
park, unless such toilet and trailer park meet the requirements of Title 8, Art. 3,
Chapter 9 of the California Administrative Code as now set forth therein, or as the
same may be amended from time to time. The permitted use of toilet and bathing
facilities within the trailer coach shall not reduce the requirements of toilet and
bath facilities required herein.
SECTION 20. BATHING FACILITIES.
(a) In every auto and trailer park shower baths or other bathing facilities
with hot and cold running water shall be installed for each sex in separate compart-
ments for every fifteen (15) or fractional part of fifteen (15) trailer sites.
Every compartment shall be provided with a self -closing door, constructed of a
material which will not absorb water, or otherwise equipped with a waterproof draw
curtain. Shower baths or other bathing facilities provided herein shall not be
farther than two hundred (200) feet from each .railer site. Bathing facilities
shall be accessible at all times.
(b) The floor of every shower bath compartment shall be constructed and shall
be maintained in a waterproof condition by the use of cement, concrete or other
approved waterproof material. The walls of every shower bath compartment to a
heighth of not less than six (6) feet above the floor shall be constructed of
ceramic or metal tile or sheetmetal or equivalent material.
(c) Wooden or cloth mats or grids shall not be used in bathing compartments.
SECTION 21. TOILET AND SHOWER BUILDINGS. Every water closet compartment or
compartment containing bathing facilities shall be:
(a) Cleaned daily and disinfected with a hypochloride solution or equivalent.
(b) Maintained free from obnoxious odors, flies, mosquitoes, or other insects
and the interiors shall be kept well painted. All facilities shall be maintained
in good repair.
(c) Provided with one (1) or more windows having an aggregate area of not less
than six (6) square feet. However, if the room contains more than one (1) water
closet, bath or urinal, the total window area shall be equivalent to three (3)
square feet for each water closet, bath or urinal, but need not exceed one-fourth
of the superficial floor area of the room. Fifty (50) per cent of the required
window area shall be openable.
(d) Windows and doors shall be protected with fly -tight screening.
(e) All toilet and shower buildings shall be well illuminated both day and
night.
(f) There shall be constructed in every trailer park a laundry compartment
with not less than two (2) laundry trays supplied with hot and cold water.
(g) The floors and at least twelve (12) inches of the walls above the floor
shall be constructed of approved waterproof masonry composition.
(h) Each laundry compartment shall have window area equal to at least one -
eighth (1/8) of the floor area, but in no case shall it be less than nine (9) square
feet. Fifty (50) per cent of the required window area shall be openable.
(i) In every auto and trailer park there shall be set aside a space convenient
to the laundry facilities for the occupants of the trailer sites to dry clothes.
(j) There shall be installed in every auto and trailer park one (1) or more
slop sinks equipped with running water, which shall be located at each public
utility building.
(k) There shall be not less than two (2) lavatories with hot and cold running
water for each sex installed in every building in an auto and trailer park contain-
ing public toilets.
SECTION 22. WATER SUPPLIES.
(a) There shall be in every auto and trailer park an adequate supply of pure
water for all the requirements of the trailer park; the water shall be obtainable
from faucets installed at each trailer site. Water distribution and pipe sizes
shall be designed in accordance with the National Bureau of Standards, BMS 79.
Each independent trailer shall be considered as six (6) fixture units.
(b) No drinking vessels or cups for common use are permissible in any auto
and trailer park.
(c) Drinking fountains, if installed, shall be maintained in a sanitary con-
dition and shall be of a type approved by the enforcement agency.
SECTION 23. GARBAGE DISPOSAL.
(a) In every auto and trailer park a sufficient number of rubbish containers
and metal garbage cans with covers, appropriately labeled, shall be of a size ade-
quate to contain the refuse produced by the trailer park.
(b) All garbage, waste and rubbish in every auto and trailer park shall be
removed from the premises and disposed of without creating a nuisance.
(c) A fly proof building, or a fly proof portion of a building, equipped with
a sloping concrete floor, a four (4) inch drain, and running water shall be pro-
vided for the storage of garbage and trash containers.
SECTION 24. WASTE AND SEWAGE DISPOSAL. It shall be unlawful to permit any
waste water or material from sinks or other plumbing fixtures in a public toilet or
bath building or in a trailer coach to be deposited upon the surface of the ground,
and all such fixtures must be connected to a public sanitary sewer system. For
the purposes of designing sewage disposal systems, each trailer coach shall be con-
sidered as six (6) fixture units.
SECTION 25. PARK MAINTENANCE.
(a) The area or tract of land upon which an auto and trailer park is situated
and each trailer site shall be:
1. Adequately drained and graded.
2. Driveways shall be surfaced with two (2) inches of road mix pavement
or better and the surfacing shall be maintained in good repair.
3. All areas, other than landscaped areas or driveways, shall be covered
or treated with an oil seal surface or better.
4. Maintained free from dust.
5. Maintained clean and free from accumulation of refuse, garbage,
rubbish or debris.
6. The trailer site and the space directly beneath each trailer coach
shall be maintained clean and free from refuse, rubbish or other impediments.
7. Public address systems or loudspeakers shall not be used between the
hours of six (6) o'clock P. M. and eight (8) o'clock A. M.
SECTION 26. LIQUIFIED PETROLEUM GASES. The location, installation, marking,
filling, maintenance and use of LPG tanks and associated equipment shall be in
accordance with the industrial safety orders of the California State Division of
Industrial Safety as affects LPG.
Each trailer coach shall be limited to not more than two (2) tanks of a
capacity of six (6) gallons each and said tanks shall be substantially fastened to
the front portion of the trailer coach.
SECTION 27. ELECTRICAL INSTALLATIONS. All auto and trailer parks shall install
and provide an electrical service and distribution system as follows:
(a) Each trailer site shall be provided with an appliance outlet receptacle
rated at not less than thirty (30) amperes, installed on a separate branch circuit
of not smaller than No. 12 A. W. G. wire, and protected by a non-adjustable, non -
temperable over current protective devise rated at not more than fifteen (15)
amperes.
(b) Each appliance outlet shall be located so that not more than twenty-five
(25) feet of flexible type "S" cord need be used to connect a trailer to such out-
let.
(c) All electrical equipment, conductors and devices shall be installed in
rigid metal conduit of an approved type and design for the particular location and
use, except as follows:
1. Exposed wires for meter loops which are protected from accidental con-
tact and mechanical injury and are accessible only to authorized persons.
2. Multi -conductor cables of a type listed or approved for direct burial
in the earth or ground provided that all such cables located less than one (1) foot
below ground level, shall be protected by suitable kick pipes; all splices and
connections to such cables shall be made in boxes or fittings approved for that
purpose and location.
(d) For the purpose of determing the conductor size for service, feed, sub -
feed, and branch circuits, each trailer site shall be computed as requiring not less
than ten (10) amperes or 120 volts; provided, however, that 120/240 volt single
phase systems may be used for more than one (1) trailer site.
(e) All metal parts of all trailers located in an auto and trailer park and
connected to an electrical appliance outlet shall be effecti.v(? grounded; such
grounding conductor shall be permanently connected to a continuous water supply
system and of a size not less than that required by the California State Electrical
Safety Orders.
(f) No trailer shall be connected to an electrical appliance outlet unless
the electrical wiring in or about said trailer is in good condition and of a type
which conforms to accepted standards of safety.
(g) All work and materials used in any of the electrical installations pro-
vided for in this section shall conform to the requirements set forth in the Elec-
trical Safety Orders, Division of Industrial Safety, Department of Industrial
Relations, State of California, the Electrical Ordinances of said City and the
Rules and Regulations of the Public Service Department of this City, three copies
of which are on file in the Office of the City Clerk of said City.
SECTION 28. REGISTRY. Every person who owns or operates an auto and trailer
park shall keep a register in which shall be entereds
(a) The name and address of each guest who is the owner or operator of an
automobile, and the name and address of each member of his party for which accom-
modations are afforded or for which space is rented and the identification space
of the trailer site the guest occupies.
(b) The make, type and license number of the automobile and trailer, the name
of the registered owner of the trailer and the State in which such vehicle or
vehicles are registered and the year of registration.
(c) The registry shall be made available to the Police Department of the City
of National City or any of the enforcement officers designated in this ordinance,
on demand.
SECTION 29. ARTIFICIAL LIGHT. In every auto and trailer park there shall be
installed and kept burning from sunset to sunrise sufficient artificial light to
adequately illuminate all trailer park roadways, walkways and areas around service
buildings.
SECTION 30. DOGS AND ANIMALS.
(a) Dogs and animals shall not be permitted to run at large in any auto and
trailer park.
(b) Poultry and other barnyard animals shall not be permitted in any auto
and trailer park.
SECTION 31. CARETAKER. It is unlawful for any person to operate, occupy, or
maintain, or cause or permit to be operated, occupied, or maintained, any auto and
trailer park unless there is a caretaker on duty in or about the trailer park at
all times.
SECTION 32. APPLICATION OF ORDINANCE IN EXISTING TRAILER PARKS. No provision
of this ordinance shall be construed to require a change in the size of existing
trailer sites or a structural addition, structural alteration or a structural change
in or on an existing building except the requirement of Section 17 (b) and Section
23 (a), (b), and (c).
SECTION 33. RESPONSIBILITY OF OWNERS OR OPERATORS OF AN AUTO OR TRAILER PARK.
It shall be unlawful for any person, firm or corporation owning or operating a
trailer park in said City to violate any of the provisions of this ordinance.
SECTION 34. PENALTIES. Any person, firm or corporation violating any of the
provisions of this ordinance, or disregarding any lawful order of the enforcement
agencies or findings of the City Council with respect to said trailer park, or con-
tribution in any way to the violation of this ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof may be punished by a fine not exceeding
three hundred ($300.00) dollars or by imprisonment for a term not exceeding six (6)
months, or by both such fine and imprisonment. Every person, firm or corporation
violating or contributing in any way to the violation of any provision of this
ordinance shall be deemed guilty of a separate offense for each day during which
such violation continues, and may be punishable therefor as herein provided.
SECTION 35. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance and each section, sub-
section, sentence, clause and phrase thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses or phrases be declared unconsti-
tutional.
SECTION 36. ordinance No. 652 and Section 6 of ordinance No. 829 and all other
ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 37. This ordinance shall take effect and be in force on the 31st day
from and after its final passage.
SECTION 38. That, before the expiration of fifteen (15) days after its passage,
the City Clerk of the City of National City, California, shall cause this ordinance
to be published once in the National City Star -News, a newspaper of weekly circulation,
printed and published in the City of National City, California.
PASSED AND ADOPTED by the City Council of the City of National City, California,
this �2'24 day of
1955 by the following vote, to -wits
AYES: Fessman. Heck, Hollingsworth. Jensen. Hodge
NAYS:
None
ABSENT: None
Mayor of the City of National City, California
ATTEST:-/
i
City Clerk
I hereby approve the foregoing Ordinance this „' i' day of
/.r(; c.,(-C-1,---%tom
, 1955
Mayor of the City of National City, California
ORDINANCE NO. 894
AN ORDINANCE AL -ENDING ORDINANCE NO. 7161- OF THE ORDINANCES OF THE
CITY OF NATIONAL CITY CALIFORNIA, BY AI ENDING SECTION 1 Or SAID
ORDINANCE AND REPEALING ORDINANCE 859, AND PROVIDING FOR WEEKLY
I EETING'S OF `1r E CITY COJNCIL
The City Council of the City of National City, California,
does ordain as follows:
Section 1: Section 1 of Ordinance No. 716z of the Ordinances
of the City of National City, California, is hereby amended to
read as follows:
Section 1: Regular meetings of the City
Council of the City of National City, California,
shall be held on the first, second, third, and
fourth Tuesdays of each and every month, in the
City Hall of National City, at the hour of 1:30
o'clock P.;•i., except when a Tuesday is a holiday,
in which event no meeting will be held that week;
provided, however, that any such regular meeting
may be dispensed with by vote of the City Council.
Section 2: Ordinance No. 859 of the Ordinances
of the City of National City, California, passed and
adopted on June 15, 1954, is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of
National City, California, this 2..Zday of October, 1955, by
the following vote, to -wit:
AYES: Fessman, Heck, Hollingsworth; Hodge
NAYS: Jensen
ABSENT: None
A'1'I1_;S 1' :
City .b1erk
Idayor of the City of ]National
City, California
I hereby approve the foregoing Ordinance this L' day of
October, 1955.
i%layor of the City of National
City, California
-2-
ORDINA_\ CE NO. 8:5
AN ORDINANCE _tF EALLz 4 O_ D:NA . O j NITLBER
678 AND PROV...D_=:G FOR THE R GULT-C=, OF
THE ULE OF BIC°-CL:::S IN "C.='_E CITY OF
NATIONAL AL C1TY2 CAi.IFOR'; IA
Tne City Council of the 'ity of National City does ordain
as follows:
Section 1-it is hereby declared to be a misdemeanor for any
person to violate any of the terms or provisions of this
ordinance, or to use a bicycle in and upon any street, alley,
park or other public place in the City of National City, or
upon any path or lane set aside for the exclusive use of
bicycles within .aid City, without complying in all respects
with the terms and ::rovisions of this Ordinance.
Section 2-It is Hereby declared to be a :misdemeanor for any
parent or guardia_, of any chile or of anyone who has the
custody or control of any child in the City of National City
to knowingly per:Lit such child to use a bicycle in the City
of _rational City in violation of the terms and ,provisions of
this Ordinance.
Section 3-A bicycle is defin-d as a two wheeled vehicle pro-
pelled wholly by muscular power.
Section 4-Tne Chief of Police of the City of National City
is hereby authorized and directed to issue, upon written
application, a bicycle license which shall be effective
during the period of such time such licensee retains title
to such bicycle, but, in no event longer than 13 (ten)
years, wnicn license when i::_ued shall entitle the licensee
to operate sucn bicycle upon the stre.:ts, alleys and public
highways in the City of National City in accordance with
traffic regulations.
Section 5-Tne City of National amity shall provide metallic
license plates and seals together s:ith regisrration cards,
said metallic license plates and r gistration cards :;Hall
have number:°s stamped thereon; such metallic license plates
Ca1PERS
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of National City
•
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the goveming body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1,
1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1,
1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1,
1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989,
November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002,
September 17, 2002 and July 6, 2004 which provides for participation of Public Agency
in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective July 6, 2004, and hereby replaced by the following paragraphs
numbered 1 through 15 inclusive:
1. 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 local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1948 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 those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Govemment Code
Section 20305 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975.
6. This contract shall be a continuation of the contract of the Community
Development Commission of the City of National City, hereinafter referred
to as "Former Agency". The accumulated contributions, assets and
liability for prior and current service under the Former Agency's contract
shall be merged pursuant to Section 20508 of the Government Code.
Such merger occurred May 20, 2008.
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after September 17, 2002 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after September 17, 2002 shall be determined in
accordance with Section 21354.3 of said Retirement Law (3% at age 60
Full).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
10. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members).
b.
Section 21222.1 (One -Time 5% Increase - 1970).
repealed said Section effective January 1, 1980.
c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance).
d. Section 21573 (Third Level of 1959 Survivor Benefits).
e. Section 20965 (Credit for Unused Sick Leave).
Legislation
f. Section 21325 (One -Time 3% to 15% Increase For Local
Miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
g.
Section 20042 (One -Year Final Compensation).
h. Section 20903 (Two Years Additional Service Credit).
11. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
January 16, 1977. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Govemment Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Govemment Code Section 20834.
12. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
13. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
B.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
14. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
15. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or Tess than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
This amendment shall be effective on the -I-6th day of
January
, 2009 .
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF NATION +._TY
BY
LO G RTLAND, CHIEF
EMPLOY .' SERVICES DIVISION
PUBLIC MPLOYEES' RETIREMENT SYSTEM
BY
PRE
2-2'f--09
Witness Date
Attest:
AMENDMENT ER# 0190
PERS-CON-702A (Rev. 10\05)
RESOLUTION NO. 2008 — 240
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DECLARING ITS INTENTION TO APPROVE
AN AMENDMENT TO CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO
PROVIDE FOR THE MERGER OF THE CITY OF NATIONAL CITY
WITH THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY FOR PURPOSES
OF THE RETIREMENT SYSTEM
WHEREAS, 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 themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the
adoption by the City Council of a resolution giving notice of its intention to approve an
amendment to said contract, which resolution shall contain a summary of the change proposed
in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide for the merger of the Community Development
Commission of the City of National City (ER #1471) into the
City of National City (ER #0190) effective May 20, 2008,
pursuant to Government Code Section 20508.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby gives notice of intention to approve an amendment to the contract between
the City of National City and the Board of Administration of the Public Employees' Retirement
System, a copy of said amendment being attached hereto, as Exhibit "A". and by this reference
made a part hereof.
BE IT FURTHER RESOLVED that in accordance with Government Code Section
20508, the Community Development Commission of the City of National City will continue to
exist as a public entity separate from the City of National City.
ATTEST:
PASSED and ADOPTED this 18th day of Nov- ber 2008.
1i
Mich el R. Dalla, C y Clerk
on Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
CaIPI RS
California
Public Employees' Retirement System
EXHIBIT"A"
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of National City
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1,
1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1,
1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1,
1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989,
November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002,
September 17, 2002 and July 6, 2004 which provides for participation of Public Agency
in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective July 6, 2004, and hereby replaced by the following paragraphs
numbered 1 through 15 inclusive:
1. 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 local miscellaneous members and age 50 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1948 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 those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20305 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975.
6. This contract shall be a continuation of the contract of the Community
Development Commission of the City of National City, hereinafter referred
to as "Former Agency". The accumulated contributions, assets and
liability for prior and current service under the Former Agency's contract
shall be merged pursuant to Section 20508 of the Government Code.
Such merger occurred May 20, 2008.
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after September 17, 2002 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after September 17, 2002 shall be determined in
accordance with Section 21354.3 of said Retirement Law (3% at age 60
Full).
The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
10. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members).
b.
Section 21222.1 (One -Time 5% Increase - 1970).
repealed said Section effective January 1, 1980.
c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance).
d. Section 21573 (Third Level of 1959 Survivor Benefits).
e. Section 20965 (Credit for Unused Sick Leave).
Legislation
f. Section 21325 (One -Time 3% to 15% Increase For Local
Miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
g.
Section 20042 (One -Year Final Compensation).
h. Section 20903 (Two Years Additional Service Credit).
11. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
January 16, 1977. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
12. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
13. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
14. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
15. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or Tess than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION,` '' CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF NATIONAL CITY
BY
LORI MCGARTLAND,; CHIEF
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT ER# 0190
PERS-CON-702A (Rev. 10\05)
BY
PRESIDING OFFICER,
Witness.' Date
Attest:
Clerk
Passed and adopted by the Council of the City of National City, California, on
November 18, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-240 of the City of National City, California, passed and
adopted by the Council of said City on November 18, 2008.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
26
MEETING DATE November 18, 2008 AGENDA ITEM NO.
(ITEM TITLE RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINSTRATION CALIFORNIA PUBLIC EMPLOYEES
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO PROVIDE FOR THE MERGER OF THE CITY OF NATIONAL CITY WITH THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR
PURPOSES OF THE RETIREMENT SYSTEM
Nome
PREPARED BY Jeanette Ladrido
Finance Directo
EXPLANATION
DEPARTMENT
Finance x 4331
In January 2006, the City Council/CDC Commission placed the administrative operations of the CDC under
the City Manager. In May 2008, all CDC employees had been merged with the City of National City. The
final step of the consolidation is to merge the CDC's retirement contract (ER #1471) into the City of
National City's contract (ER #0190).
The amendment identifies the following actuarial valuation for the adoption of this plan amendment:
1. Change in the Present Value of Benefits $ 11,582,120
2. Change in Accrued Liability $ 8,514,633
3. Change in the Total Employer Rate .338%
Staff has worked with CalPers and have developed a schedule of actions. Along with tonight's Resolution
of Intention to approve an amendment to the contract, the City will also have the first reading of the
Ordinance. On December 16, 2008, the City Council will adopt the Ordinance and the effective date of the
ordinance will be on January 15, 2009. The amendment will be effective on January 27, 2009. If there is
change in the employee and/or employer contribution rates, it will be effective on this date.
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
In compliance with the strategic objective 1, Function as One City —Function as a Team, notice the inten-
tion to approve an amendment to the contract between the CDC and the Board of Administration of the
Public Employees' Retirement System.
BOARD / COMMISSION RECOMMENDATION
N/A
I ATTACHMENTS ( Listed Below )
lifter
Resolution
Certification of Governing Body's Action
Certification of Compliance with Government Code Section 7507
Resolution No.
J
A-200 (9/80)
Mayor
Ron Morrison
Councilmembers
Frank Parra
Alejandra Sotelo-Solis
Jess VanDeventer
Rosalie Zarate
City Manager
Chris Zapata
+�•-• CAL
111
11.
MCORPORAXED
February 25, 2009
Ms. Alice Cook, Employer Representative
Actuarial & Employers Services
CaIPERS
400 Q Street
Sacramento, CA 95811
IF ir
Department of Finance
Finance Director
Jeanette Ladrido, CPA
Financial Services Officer
Tess Limfueco
RE: Employer Code #0190
Enclosed are the following original documents necessary to complete the
proposed amendment to provide for the merger of the Community
Development Commission of the City of National City (ER #1471) into the
City of National City (ER#0190) effective May 20, 2008:
1. Amendment to Contract, two original signed sets
2. Ordinance — certified copy
3. Resolution — certified copy
4. Certification of Final Action of Governing Body (CON-5)
5. Certification of Compliance with Government Code Section 7507,
(CON-12A), original
Please return a copy of the contract for our records after it has been
executed by CaIPERS.
Sincerely,
Jeanette Ladrido, CPA
Finance Director
JL:nu
Enclosures
1243 National City Boulevard; National City, California 91950
Tel.: (619) 336.4330 Fax: (619) 336.4349