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HomeMy WebLinkAboutResolution No. 97-C071V 0 97-C71 Inadvertently omitted 0 RESOLUTION NO. 97-C70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN ITS EXISTING FIRE SUPPRESSION DISTRICT FOR THE 1997-98 FISCAL YEAR AND GIVING NOTICE OF AND SETTING THE TIME AND PLACE OF THE HEARING ON THE LEVY OF THE PROPOSED ASSESSMENT WHEREAS, the City Council of the City of Azusa (the "Council') has heretofore initiated proceedings for the establishment of and has established the Fire Suppression Services District (the "District"), pursuant to the Fire Suppression Assessments statutes set forth in Article 3.6 of Chapter 1 of Title 5 of the California Government Code (the "Law"), for the purpose of providing fire suppression services through its annexation to and contract with the Consolidated Fire Department of Los Angeles County (the "LA Fire District'); and WHEREAS, in November 1996 the voters of the State of California passed Proposition 218 which added Articles XIIIC and XIIID to the California Constitution requiring, among other things, new procedures for the approval of the levying of assessments against real property; and WHEREAS, Article XIIID of the California Constitution requires the District to comply with certain procedural and approval provisions before levying assessments; and WHEREAS, the Act also requires that the District comply with certain procedural and approval procedures before levying its annual assessments; and WHEREAS, the adoption of this Resolution, among other things, is required in order to levy the proposed assessments under the District. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS FOLLOWS: Section 1. Intention. The Council hereby declares its intention to levy and collect assessments within the District for the 1997-98 Fiscal Year pursuant to the Act and Articles XIIIC and XIIID of the California Constitution. The real properties to be assessed are located within the jurisdictional boundaries of the District within Los Angeles County in the State of California as more particularly described in Exhibit A which is attached hereto and incorporated herein by reference. Section 2. Purpos e. The purpose of the District and the collection of assessments is for the provision of fire suppression services for the protection of real and personal property located within the boundaries of the District. aveue\SRC\22634 0 0 Section 3. Report. The preliminary Engineer's Report prepared by Willdan Associates (the "Report") is on file with the City Clerk and has been considered and accepted by the Council at the meeting at which this Resolution was adopted. All interested persons are referred to the Report for a full and detailed description of the fire suppression services provided, the boundaries of the District, and the proposed assessments upon assessable lots and parcels of real property within the District. Section 4. Mailed Ballots. On May 23, 1997, but no later then June 2, 1997, the City shall cause written notices and ballots to be mailed to each record owner of real property which is subject to the proposed assessment in accordance with the requirements of the Law and Articles XIIIC and XIIID of the California Constitution. Section 5. Time and Place of Public Hearing. On July 21, 1997 at the hour of no sooner than 7:30 p.m., during the course of its regularly scheduled meeting, the Council will conduct a public hearing on the question of the levy of the proposed assessment and will thereafter tabulate ballots. The public hearing will be held in the City Council Chambers at Azusa City Hall located at 213 East Foothill Boulevard, Azusa, California. Section 6. Notice. The City Staff shall cause mailed notice of the proposed assessment along with the ballots as prescribed by the Law and Articles XIIIC and XIIID of the California Constitution. Section 7. Adoption. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of May 1997. I HEREBY CERTIFY that the foregoing Resolution No. 97-C70 was duly adopted by the City Council of the City of Azusa, at a regular meeting there, held on the 19th day of May, 1997, by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY HARDISON, STANFORD, ROCHA, BEEBE, MADRID NONE NONE 0 0 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF TBE CITY OF AZUSA The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 1949, and wimessed December 20, 1948, and as amended effective July 1, 1956, September 1, 1958, March 2, 1959, May 1, 1960, September 3, 1967, December 22, 1968, July 15, 1973, April 20, 1975, January 18, 1981, July 1, 1984, January 12, 1986, February 7, 1988, November 27, 1988, April 5, 1994, June 30, 1995, April 4, 1996, July 14, 1996 and May 8, 1997 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 May 8, 1997, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: All words and terms used herein which are defined m the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members, age 55 for local safety members, and age 50 for local police members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1949 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); 7 7 ,,,.,y 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 20336 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in " accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, and prior to March 31, 1975, temtinarion of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined m accordance with Section 21366 of said Retirement Law (One-half pay 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 police member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624, 21626 and 21628 (Post -Retirement Survivor Allowance). b. Section 21382.5 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. C. Section 20042 (One -Year Final Compensation) for local police members only. I. Section 20903 (T)Wo Years Additional Service Credit). e. Section 20965 (Credit for Unused Sick Leave) for local miscellaneous members and local police members only. f. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local miscellaneous members and local police members only. g. Section 20615.5 (Employer Paid Member Contributions Converted to Payrate During the Final Compensation Period) for local miscellaneous members and local police members in the following groups and for the specified percentage: 7% Local miscellaneous members. 9% Local police members. 10. Public Agency, in accordance with Government Code Section 20790. ceased to be an "employer" for purposes of Section 20834 effective on November 2-7, 1988. 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. 11. 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 police members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Per covered member, 58.50 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.5 of said Retirement Law. 1 Subject to annual change.) In addition. ail 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 police 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 arcs 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. 13. 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. 14. 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 less 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 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIRIDPIENT SYSTEM I KENNETH W. MARZION; CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES'RETIREMENT SYSTEM ANCE nWNT PERS-CON-702A (Rev. A%) day of 119— CITY 19_ CITY COUNCIL OF THE CITY OF AZUSA BY PRESIDING OFFICER Witness Daze Attest: Clerk