CC - Item 7A - Adoption of Ordinance to Amend Contract with CalPers to Exclude Lifeguards, Lifeguards/Swim Instructors and RecreationLeaders from CalPers Membership1 •; O ki I
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: DECEMBER 13, 2011
SUBJECT: ADOPTION OF ORDINANCE TO AMEND CONTRACT WITH CALPERS
TO EXCLUDE LIFEGUARDS, LIFEGUARD /SWIM INSTRUCTORS AND
RECREATION LEADERS FROM CALPERS MEMBERSHIP
SUMMARY
On October 25, 2011 the City Council approved the Resolution of Intention to amend
the City's contract with CalPERS. The next step in the process of amending the
contract is the adoption of an ordinance requesting a contract amendment. On
November 15, 2011 the City Council opened the public hearing and continued it until
today's meeting.
Staff Recommendation
Staff recommends that the City Council adopt Ordinance 921 authorizing the
amendment of the Contract with CaIPERS(Attached).
DISCUSSION
City staff has been evaluating ways to improve our recreation program while being
mindful of reducing costs. One obstacle that staff has faced is the limited number of
hours that recreation staff can currently work while employed by the City. Our current
contract with CalPERS requires that any team member, except for Administrative
Interns, who works more than 1,000 hours in a fiscal year to be enrolled in CalPERS for
membership. Since enrollment in CalPERS increases the City's overhead costs by
roughly 35 %, we have worked diligently to ensure this does not happen.
In discussing options with CalPERS staff, it was determined that due to the nature of the
certain part -time positions being temporary in nature; we could exempt them from
CalPERS membership. City staff sent a Request for Determination letter to CaIPERS
on May 19, 2011 in order to seek formal approval from CalPERS for the exemption of
the positions of Recreation Leader, Senior Recreation Leader, part -time Recreation
Coordinator, Lifeguard and Lifeguard -Swim Instructor. Subsequently, CalPERS sent a
letter on July 8, 2011 approving the City's request to exclude the positions of Recreation
Leader, Lifeguard and Lifeguard -Swim Instructor. CalPERS made the determination that
the other positions requested did not meet the qualifications for exemption.
APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER:
City Council Meeting
December 13, 2011
Page 2 of 2
In order to amend the CalPERS contract, the City was first required to adopt a
Resolution of Intention to approve an amendment to the contract. The Resolution of
Intention was approved on October 25, 2011. The second step is to adopt a City
ordinance regarding the contract amendment. The ordinance could not be approved for
at least twenty days following the adoption of the Resolution of Intention; therefore has
brought forth the resolution at this time.
LEGAL REVIEW
The City Attorney has reviewed the proposed Ordinance.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process and public
notices have been published in the San Gabriel Valley Tribune as required..
Submitted by:
Matthew E. Hawkesworth
Assistant City Manager
Attachment: Ordinance 921
ORDINANCE NO. 921
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
WHEREAS, the City of Rosemead requested a determination letter from the
Board of Administration of the California Public Employees' Retirement System to
exclude the positions of Lifeguard, Lifeguard /Swim Instructor and Recreation Leader
from membership; and
WHEREAS, the Board of Administration of the California Public Employees'
Retirement System approved the request to exclude the Lifeguard, Lifeguard -Swim
Instructor and Recreation Leader positions on July 8, 2011; and
WHEREAS, the City Council of the City of Rosemead adopted the Resolution of
Intention to amend the contract with the Board of Administration of the California Public
Employees' Retirement System on October 25, 2011.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1 . That an amendment to the contract between the City Council of the
City of Rosemead, California and the Board of Administration, California Public
Employees' Retirement System is hereby authorized, a copy of said amendment being
attached hereto, marked Exhibit and by such reference made a part hereof as though
herein set out in full.
Section 2 . The Mayor of the City Council is hereby authorized, empowered,
and directed to execute said amendment for and on behalf of said Agency.
Section 3 . This Ordinance shall take effect 30 days after the date of its
adoption, and prior to the expiration of 15 days from the passage thereof shall be
published at least once in the San Gabriel Valley Tribune, a newspaper of general
circulation, published and circulated in the County of Los Angeles and thenceforth and
thereafter the same shall be in full force and effect.
PASSED AND ADOPTED this 13th day of December, 2011, by the following
PIiSS:
AYES:
NOES:
ABSTAIN
ABSENT:
MAYOR
0400DIs91a
GLORIA MOLLEDA
City Clerk
APPROVED AS TO FORM:
City Attorney