ORDINANCE NO. _____
Ordinance Of The City Council Of The City Of Emeryville Authorizing An Amendment To The Contract Between The City Of Emeryville And The Board Of Administration Of The California Public Employees’ Retirement System (PERS) To Provide For The Merger Of The Management Of Emeryville Services Authority’s (MESA) PERS Contract Into The City Of Emeryville’s PERS Contract WHEREAS, the Public Employees’ Retirement Law (PERL) 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, on September 1, 1999, MESA entered into a contract with PERS to provide employees of MESA with retirement benefits through PERS in accordance with PERL; and
WHEREAS, on June 24, 2022, PERS issued a final determination letter finding that a former City Manager was a common law employee of the City for purposes of PERL and not a common law employee of MESA and that this employee should be retroactively enrolled in PERS under the City’s contract; and
WHEREAS, after an appeal of that determination was filed, a settlement agreement was entered into which requires that MESA’s PERS contract be merged into the City’s PERS contract so that all current and former individuals enrolled in the MESA contract would be enrolled in the City’s PERS contract; and
WHEREAS, as a condition of the settlement agreement, the merger process requires the City Council to approve an amendment to the existing contract between PERS and the City; and
WHEREAS, the City Council adopted a Resolution of Intention on September 3, 2024 (Resolution No. 24-92); and
WHEREAS, in order to implement the contract amendment, the governing body of the contracting agency must adopt an ordinance to amend the contract with PERS within 20- days after adoption of the Resolution of Intent; and
WHEREAS, the required disclosures regarding the costs of the contract amendment and the future annual costs or benefits be made public at a public meeting at least two weeks prior to the adoption of this Ordinance, and these disclosures were provided at the September 3, 2024, City Council meeting; and
WHEREAS, after the contract amendment process and merger have been completed PERS will dissolve MESA’s PERS plan within thirty days; Docusign Envelope ID: 5767A833-8289-4FE8-99EB-41DA28FD2AA9 Ordinance No. _____
Ordinance to Provide for the Merger of the MESA’s PERS Contract into the City’s PERS Contract City Council Meeting | September 3, 2024
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EMERYVILLE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION ONE. PURPOSE AND INTENT.
The purpose and intent of this ordinance is to implement the terms and conditions of the Settlement Agreement between the City and PERS which requires that the City approve an amendment to the existing contract between PERS and the City to merge MESA’s PERS contract into the City’s PERS contract so that all current and former individuals enrolled in the MESA contract are enrolled in the City’s PERS contract. Upon completion of the contract amendment process and the merger, PERS will dissolve MESA’s PERS plan within thirty days.
SECTION TWO. AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY OF EMERYVILLE AND THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
The City Council of the City of Emeryville hereby approves, authorizes, and empowers, and directs the City Manager of the City of Emeryville to execute the amendment to the contract between the City of Emeryville and the Board of Administration of the California Public Employees Retirement System, a copy of said amendment is attached hereto as Exhibit A, and incorporated herein.
SECTION THREE. CEQA DETERMINATION
The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment.
SECTION FOUR. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.
SECTION FIVE. EFFECTIVE DATE
This Ordinance shall take effect on October 31, 2024. The City Clerk is directed to cause copies of this Ordinance to be posted and published as required by Government Code section 36933.
Docusign Envelope ID: 5767A833-8289-4FE8-99EB-41DA28FD2AA9 Ordinance No. _____
Ordinance to Provide for the Merger of the MESA’s PERS Contract into the City’s PERS Contract City Council Meeting | September 3, 2024
SECTION SIX. CODIFICATION
This Ordinance shall not be codified in the Emeryville Municipal Code.
This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, September 3, 2024, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 1, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK SPECIAL COUNSEL
ATTACHMENTS
Exhibit A – Amendment to the Contract
Docusign Envelope ID: 5767A833-8289-4FE8-99EB-41DA28FD2AA9