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05 Staff Report - Compensation Account BalancepW H IpSGCOUNCIL AGENDA REPORT DATE: July 24, 2008 MEETING DATE: August 4, 2008 ITEM NO. TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE TOWN OF LOS GATOS' DEFERRED COMPENSATION PLAN TO PERMIT LOANS FROM THE PARTICIPANT'S DEFERRED COMPENSATION ACCOUNT BALANCE RECOMMENDATION: Adopt resolution approving an amendment to the Town of Los Gatos' deferred compensation plan to permit loans from the participant's deferred compensation balance and authorizing the Town Manager to execute the necessary plan documents. BACKGROUND: The Town of Los Gatos currently sponsors a section 457 deferred compensation plan administered by the ICMA Retirement Corporation (ICMA-RC). Employees may participate in the deferred compensation plan on a voluntary basis as a supplement to the CalPERS retirement. There is no fee charged to the Town for sponsoring the ICMA-RC plan. DISCUSSION: The proposed amendment amends the Town's current 457 deferred compensation plan to allow loans. The plan documents will specify that loans are available only to active employees for up to 50% of their account balance. CONCLUSION: The ability to take a loan will benefit participants by allowing access to funds for solar panel installations, other home improvements, hardships, or as otherwise allowed in this plan loan program. The repayment provisions ensure that participants replenish their accounts, thereby preserving their retirement savings. FISCAL IMPACT: This amendment is at no cost to the Town. Attachments: 1. Resolution Approving an Amendment to the Town of Los Gatos' Deferred Compensation Plan to Permit Loans from the Participant's Compensation Account Balance 2. Letter from Akeena Solar F PREPARED BY: RUNII PORTILL Human Resources D' for Revie d by: Assistant Town Manager Cj-, Town Attorney Clerk Administer Finance Community Development Revised: 07/31/2008 9:21 AM N:11\4GR1AdminWorkFiles12048 Council ReportsliCMA Council Report for 08-04-08.doe RESOLUTION NO. 2008- RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN AMENDMENT TO THE TOWN OF LOS GATOS' DEFERRED COMPENSATION PLAN TO PERMIT LOANS FROM THE PARTICIPANT'S DEFERRED COMPENSATION ACCOUNT BALANCE WHEREAS, the Town of Los Gatos (Employer) has employees rendering valuable services; and WHEREAS, the Employer has established a retirement plan (the "Plan") for such employees which serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that permitting participants in the retirement plan to take loans from the Plan will serve these objectives; and WHEREAS, the Employer is not charged a cost for employee loans from the Plan. RESOLVED, that the Plan will permit loans under specified conditions as terms provided through the Plan as approved by the Town Manager. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of August, 2008 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Isl Barbara Spector MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: Is/ Jackie Rose CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 1 =s : Akeenao fT Sour c°y July 30, 2008 The Honorable Barbara Spector Los Gatos Town Council Town of Los Gatos Los Gatos, CA RE: Los Gatos Solar Employee Benefit Program-SUPPORT Dear Mayor Spector: On behalf of Akeena Solar, we are writing to support the town's proposed program to enable its employees to borrow from their own deferred compensation funds to purchase residential solar systems. We believe that this innovative program will lead the way for Los Gatos and other communities to take steps to reduce greenhouse gas emissions and protect the environment. We commend Town Manager Greg Larson's diligent work to develop this program and we hope it will serve as a model for other cities in the state and nation. As you know, Akeena Solar is headquartered in Los Gatos and is one of the nation's leading solar power installers. As a company we strive to educate the community on the benefits of solar power and give them the ability to decrease their energy use. By promoting clean and renewable solar power, we protect the environment and enhance our local economy. We look forward to continuing to work with you and the Town Council on this program. Sincer y, Barry Cinnamon Chief Executive Officer Akeena Solar cc: The Honorable Members of the Los Gatos Town Council Greg Larson, Town Manager ATTACHMENT 2