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r106973 City Council Meeting July 24, 2012 Santa Monica, California RESOLUTION NUMBER 10697 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER OF AGREEMENT MODIFYING THE TERMS AND CONDITIONS OF EMPLOYEE -PAID CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT PLAN (CALPERS) OPTIONAL BENEFITS FOR MISCELLANEOUS CITY EMPLOYEES BETWEEN CITY OF SANTA MONICA AND MANAGEMENT TEAM ASSOCIATES, SUPERVISORY TEAM ASSOCIATES, ADMINISTRATIVE TEAM ASSOCIATES, MUNICIPAL EMPLOYEES ASSOCIATION, PUBLIC ATTORNEYS' UNION, UNITED TRANSPORTATION UNION (LOCAL 1785), PUBLIC ATTORNEYS' LEGAL SUPPORT STAFF UNION, AND EXECUTIVE PAY PLAN PARTICIPANTS WHEREAS, the City administration and representatives of the City's miscellaneous employee bargaining units and the Executive Pay Plan participants have met and conferred under the terms of Ordinance No. 801 (CCS) and have reached agreement on the terms and conditions of retirement benefits; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of the City of Santa Monica requires preparation of a written Memorandum of Understanding between the administration and employees if an agreement can be reached; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) further provides that any such Memorandum of Understanding shall not be binding unless and until presented to the governing body for determination; and 1 WHEREAS, the purpose of the Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and its miscellaneous employee bargaining units and the Executive Pay Plan participants; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Santa Monica does hereby approve and authorize the City Manager to execute a Side Letter of Agreement modifying the terms and conditions of certain retirement benefits for miscellaneous employee bargaining units and the Executive Pay Plan participants, which has been ratified by the Coalition of Santa Monica City Employees representing those bargaining groups and the Executive Pay Plan participants. SECTION 2. The Side Letter of Agreement amends the current Memorandum of Understanding between the parties and includes the following change: Non -sworn miscellaneous employees' reimbursement to the City for costs associated with existing optional retirement benefits including the Fourth Level of 1959 Survivor Benefit as set forth in Section 21574 of the California Government Code, the Pre - Retirement Optional Settlement 2 Death Benefit as set forth in Section 21548 of the California Government Code, and Employer Paid Member contribution (for employees hired prior to July 1, 2012) shall be made on a pre -tax basis. I• This pre -tax treatment of this reimbursement shall be applied effective at the adoption of the Side Letter. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: MA HA JO S MOU IE City ttorne 3 Adopted and approved this 24th day of July, 2012. y Richard Bloom, Mayor I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10697 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 20 day of July, 2012, by the following vote: AYES: Councilmembers Holbrook, McKeown, O'Connor, O'Day, Mayor Pro Tern Davis, Mayor Bloom NOES: None ABSENT: Councilmember Shriver ATTEST: Maria M. Stewart, Cit Jerk