HomeMy WebLinkAboutApril 2003 - October 2003�l
O "OPTED
495 O D . AMENDING SECTION .. 03 1::
THE MORRO DAY MUNICIPAL CODE -
MOBILEHOME RENT CONTROL
498 ORDINANCE AMENDING MORRO BAY MUNICIPAL
CODE ON 12.08,070 (TREES) 10-27-1
NOES: None
ABSENT: None
ATTEST:
.\
BRIDGETT �. UER, City Clerk
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
Section 1.
That an amendment to the contract between the City Council of the City of Morro Bay 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
10 days from the passage thereof shall be published at least once in the Sun- Bulletin, a newspaper of
general circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter
the same shall be in full force and effect.
INTRODUCED at a meeting of the City Council of Morro Bay held on the 281' day of July,
2003 by motion of Councilmember Elliott, seconded by Councilmember Peters.
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111 11 1111 1 � MM
FWIIIMWK� �*
GET` )BAUER, City Clerk
THE CITY COUNCIL
City of Morro Bay, California
The City Council of the City of Morro Bay does ordain as follows:
Section 1.
That an amendment to the contract between the City Council of the City of Morro Bay 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
10 days from the passage thereof shall be published at least once in a newspaper of general
circulation, published and circulated in the City of Morro Bay and thenceforth and thereafter the
same shall be in full force and effect.
INTRODUCED at a meeting of the City Council of Morro Bay held on the 246' day of March
2003 by motion of Councilmember Peirce and seconded by Councilmember Elliott.
Ordinance No. 496
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ff•; �
BRIDGETT MU R, City Clerk
2,
Ca1PIiR5
EXHIBIT
California
Public Employees' Retirement System
M MARC!
VIC "11111111`11
FAVU ON
Between the
Board of Administration
The Board of Administration, California Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of the above public agency, hereinafter referred
to as Public Agency, having entered into a contract effective July 1, 1965, and witnessed
June 1, 1965, and as amended effective August 15, 1981, November 19, 1983, January 7,
1989, June 24, 1989, June 22, 1991, June 10, 1994, June 9, 1998, October 17, 1998, April
13, 2000, June 22, 2002 and September 13, 2002 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
September 13, 2002, and hereby replaced by the following paragraphs numbered 1
through 14 inclusive:
1. All words and terms used herein which are defined in 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 fire members and age 50 for local
police members.
2. Public Agency shall participate in the Public Employees' Retirement System
from and after July 1, 1965 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.
PLEASE SIGN
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);
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:
a. ELECTED OFFICIALS;
b. APPOINTIVE COMMISSIONS; AND
C. PERSONS COMPENSATED ON AN HOURLY BASIS.
5. This contract shall be a continuation of the benefits of the contract of the Morro
Bay Fire District, hereinafter referred to as "Former Agency ", pursuant to
Section 20508 of the Government Code, Former Agency having ceased to exist
and succeeded by Public Agency on July 1, 1965. Public Agency, by this
contract, assumes the accumulated contributions and assets derived therefrom
and liability for prior and current service under Former Agency's contract with
respect to the Former Agency's employees. Legislation repealed Section
20508, Statutes of 1949, effective January 1, 1988.
6. The percentage of final compensation to be provided for each year of credited
prior and current service as a local miscellaneous member shall be determined
in accordance with Section 21354 of said Retirement Law (2% at age 55 Full).
7. 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 21362.2 of said Retirement Law (3% at age 50 Full).
8. 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 in
accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local police
members only.
b. Section 20965 (Credit for Unused Sick Leave).
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I
C. Section 20042 (One -Year Final Compensation) for local safety members
only.
d. Section 21024 (Military Service Credit as Public Service), Statutes of
1976 for local police members and local miscellaneous members only.
e. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire
members only.
f. Section 20423 ( "Local Safety Member" shall include Harbor or Port
Police Officers as described in Government Code Section 20423).
g. Section 21027 (Military Service Credit for Retired Persons) for local
police members only.
10. Public Agency, in accordance with Government Code Section 20790, ceased to
be an "employer" for purposes of Section 20834 effective on August 15, 1981.
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 safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement Law.
(Subject to annual change.) In addition, all 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 police members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement Law.
(Subject to annual change.) In addition, all 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 fire members.
C. 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 affects the employees of Public Agency, not including the
costs of special valuations or of the periodic investigation and valuations
required by law.
d. 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
,.J
BOARD OF ADMINISTRATION �-o-
PUBLIC EMPLOYEES' RETIREM NT SYSTEM
n"'es w
BY
KENNETH W. MARZION, CHI ,
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETI ff MENT SYSTEM
AMENDMENT ER# 531
PERS- CON -702A (Rev. 8 \02)
day of ,
CITY COUNCIL "l,
CITY OF MORRO BAY n
YY
BY
PRESIDING OFFICER-.Z'
Witness Date
Attest:
Clerk
�r
ORDINANCE NO. 495
AN ORDINANCE OF THE CITY OF MORRO BAY
TO AMEND SECTION 5.32.030 (E) OF CHAPTER 5.32
OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
CiTY-4)_ t ' ' 1 1
The City Council of the City of Morro Bay does ordain Section 5.32.030 - Exemptions
be amended as follows:
WHEREAS, Section 5.32.030 of the Morro Bay Municipal Code provides
Exemptions to the City's Mobilehome and Recreational Vehicle Park Rent Stabilization
Ordinance; and
WHEREAS, the City desires to amend the exemptions to codify State law as set
forth in Civil Code Section 798 et seq.; and
WHEREAS, the City of Morro Bay needs to amend Section 5.32.030 in order to
codify State law; and
WHEREAS, following the Public Hearing, and upon consideration of the
testimony of all persons, the City Council of the City of Morro Bay does ordain Section
5.32.030 (E) — Exemptions be amended as follows:
5.32.030: Exemptions.
The provisions of this chapter shall not apply to the following tenancies in
mobilehome parks:
A. Mobilehome park spaces rented for nonresidential uses;
B. Mobilehome parks managed or operated by the United States Government, the
state of California, the county of San Luis Obispo, to the city of Morro Bay;
C. Tenancies which do not exceed an occupancy of thirty days and which do not
contemplate an occupancy of more than thirty days;
D. Tenancies for- ,,.i.ie my exempt from rent regulation by federal or state law
or regulation speeifiea4ly prehibits -feat Fe gulatie includ`mg but not limited to
tenancies governed by Civil Code Section 798.17 rental agreements and
798.21 not principal residence;
E. Mobileheme Y Y 7, 1 ' L, o not „pied as the fi 1 demieile of the
mebileheme tenant;
E. Mobilehome Parks which sell lots for factory -built or manufactured home, or
which provide condominium ownership of such lots, even if one or more
homes in the development are rented or leased out.
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W-WARATIMM-WRIKIV
Page Two
INTRODUCED at the regular meeting of the City Council held on the I 01h day
of March 2003, by motion of Councilmember W-inholtz and seconded by Councilmember
Peters.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Morro Bay on the 14th day of April 2003 • the following vote to wit:
AYES:
Peirce, Peters, Winholtz
NOES:
Elliott, Yates
ABSENT:
None
ABSTAIN:
None
ATTEST:
BRIDGETT 4UhR, CITY CLERK
FAIUMI ' I
I INT1 I
ROBERT SCHULTZ, (��Y ATTORNEY
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