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Item 12 - PERS PREPARED BY: Lisa Velasco Human Resources Director Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 08/06/2019 ITEM NO: 12 DATE: July 31, 2019 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: a. Adopt a Resolution of Intention between the Board of Administration California Public Employees’ Retirement System and the Town Council of the Town of Los Gatos to add Government Code Section 20516, Employees Sharing Additional Cost, for Classic Local Police Members in the Los Gatos Police Officers’ Association b. Introduce an Ordinance by title only between the Board of Administration California Public Employees’ Retirement System and the Town Council to add Government Code Section 20516, Employees Sharing Additional Cost, for Classic Local Police Members in the Los Gatos Police Officers’ Association RECOMMENDATION: Staff recommends that the Town Council: a. Adopt a Resolution of Intention (Attachment 1) between the Board of Administration California Public Employees’ Retirement System and the Town Council of the Town of Los Gatos to add Government Code Section 20516, Employees Sharing Additional Cost, for Classic Local Police Members in the Los Gatos Police Officers’ Association. b. Introduce an Ordinance (Attachment 2) by title only between the Board of Administration California Public Employees’ Retirement System and the Town Council to add Government Code Section 20516, Employees Sharing Additional Cost, for Classic Local Police Members in the Los Gatos Police Officers’ Association. BACKGROUND: On October 16, 2018, the Town Council approved a labor agreement between the Town of Los Gatos and the Police Officers’ Association (POA). A provision of the agreement was to implement a cost-sharing provision of the California Public Employees’ Retirement System PAGE 2 OF 3 SUBJECT: a. Adopt a Resolution of Intention between the Board of Administration California Public Employees’ Retirement System and the Town Council of the Town of Los Gatos to add Government Code Section 20516, Employees Sharing Additional Cost, for Classic Local Police Members in the Los Gatos Police Officers’ Association. b. Introduction of an Ordinance by title only between the Board of Administration California Public Employees’ Retirement System and the Town Council to add Government Code Section 20516, Employees Sharing Additional Cost, for Classic Local Police Members in the Los Gatos Police Officers’ Association. DATE: July 31, 2019 (CalPERS) by increasing the employee pension contribution 3%, for a total employee contribution of 12% effective October 1, 2019 or as soon as administratively feasible following that date. CalPERS categorizes cost-sharing as Section 20516 (Employees Sharing Additional Cost) within the Optional Benefits listing available and applicable to retirement contracts. This contribution change will apply to employees within the POA bargaining group that are categorized as Classic members of CalPERS. DISCUSSION: A formal amendment (Attachment 3) to the retirement contract between the Town of Los Gatos and CalPERS is required to implement Section 20516 (Employees Sharing Additional Cost). The amendment process includes Town Council adoption of a Resolution of Intention, a first reading to introduce an Ordinance, a secret ballot election of the employees impacted by the change resulting in a majority approval, and a second reading to formally adopt the Ordinance. The second reading and recommendation to adopt the Ordinance will be placed on the September 3, 2019 Council meeting agenda if Council approves the recommendations on August 6. The effective date of the amendment and the commencement of the additional 3% contribution will be October 6, 2019. CONCLUSION: Town Council previously approved the proposal to increase POA Classic members pension contribution to a total of 12% (after the 3% cost-sharing increase is applied) in October 2018 as part of the new Memorandum of Understanding (MOU) between the POA and the Town of Los Gatos. CalPERS requires a formal retirement contract amendment process before the pension contribution change can be implemented. It is recommended that the Resolution of Intention be adopted, and the Ordinance introduced as the first steps in the amendment process to comply with the provisions of the current POA MOU. FISCAL IMPACT: There is no fiscal impact related to the recommended actions because the Town is complying with the provisions of the existing POA MOU and the related CalPERS procedures necessary to implement the pension contract amendment. The overall fiscal impact related to the approval PAGE 3 OF 3 SUBJECT: a. Adopt a Resolution of Intention between the Board of Administration California Public Employees’ Retirement System and the Town Council of the Town of Los Gatos to add Government Code Section 20516, Employees Sharing Additional Cost, for Classic Local Police Members in the Los Gatos Police Officers’ Association. b. Introduction of an Ordinance by title only between the Board of Administration California Public Employees’ Retirement System and the Town Council to add Government Code Section 20516, Employees Sharing Additional Cost, for Classic Local Police Members in the Los Gatos Police Officers’ Association. DATE: July 31, 2019 of the POA MOU was outlined in the staff report presented at the October 16, 2018 Town Council meeting and is expected to be cost neutral. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Resolution of Intention Between the Board of Administration of the California Public Employees’ Retirement System and the Town Council 2. Ordinance Between the Town Council and the Board of Administration of the California Public Employees’ Retirement System RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN COUNCIL TOWN OF LOS GATOS 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 governing body of the public agency 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 Section 20516 (Employees Sharing Additional Cost) of 3% for classic local police members in the Los Gatos Police Officers’ Association. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency 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. By: _________________________________ Presiding Officer _________________________________ Title ________________________________ Date adopted and approved (Amendment) CalPERS ID# CON-302 (Rev. 6/12/19) 1 of 2 Ordinance Council Meeting Date ORDINANCE ______ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM. NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN COUNCIL DO HEREBY ORDAIN AS FOLLOWS: SECTION I That an amendment to the contract between the Town Council of the Town of Los Gatos 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 II The Mayor of the Town Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION III This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 6th day of August 2019, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 3rd day of September 2019. This ordinance takes effect 30 days after it is adopted. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1). COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 of 2 Ordinance Council Meeting Date DATE: __________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________