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HomeMy WebLinkAbout2002/06/20 - Agenda Packet - Budg Adopt AGENDA RANCHO CUCAMONGA CITY COUNCIL Special Meeting June 20, 2002 - 5:30 p.m. Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California A, CALLTO ORDER 1. Roll Call: Alexander , Biane , Curatalo , Dutton , Williams __ B, CONSENT CALENDAR The following Consent Calendar item(s) are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. APPROVAL OF A RESOLUTION RESCINDING RESOLUTION NO. 01-129 AND IMPLEMENTING SALARY AND BENEFITS ADJUSTMENTS FOR FISCAL YEAR 2002/2003 Page f RESOLUTION NO. 02-197 Page 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION NO. 01-129 AND IMPLEMENTING SALARY AND BENEFITS FOR FISCAL YEAR 2002/2003 C. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. 1. ADOPTION OF FISCAL YEAR 2002/2003 BUDGET AND ARTICLE XlII-B APPROPRIATIONS LIMIT Page 40 RESOLUTION NO. 02-198 Page 42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE CITY'S FISCAL YEAR 2002/2003 BUDGET City Council Agenda June 20, 2002 Page 2 RESOLUTION NO. 02-199 Page 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII-S OF THE CALIFORNIA STATE CONSTITUTION FOR FISCAL YEAR 2002/2003 2. CONSIDERATION OF RESOLUTION OF INTENTION TO AMEND CONTRACT WITH CALPERS TO PROVIDE SECTION 21354.4 (2.5% FULL FORMULA) AND CONSIDER THE ESTABLISHMENT OF THE PARS RETIREMENT SYSTEM PLAN TO BE ADMINISTERED BY PHASE SYSTEMS, PARS TRUST ADMINISTRATOR Page 46 RESOLUTION NO. 02-200 Page 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CINTRACT BETWEEN THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDINANCE NO. 683 (first reading) Page '109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWWEEN THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOUEES' RETIREMENT SYSTEM TO PROVIDE SECTION 21354.4 (2.5% @ 55 FULL FORMULA) FOR LOCAL MISCELLANEOUS MEMBERS D. ITEM OF DISCUSSION 1. APPROVAL OF ANNUAL LOAN TRANSACTION BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Page111 E. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the Council from addressing any issue not previously included on the agenda. The Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. F. ADJOURNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 18, 2002 per Government Code 54954.2 at '10500 Civic Center Drive, Rancho Cucamonga, California. TH E C I T Y 0 F Staff Report TO: Mayor and Members of the City Council Jack Lam, City Manager FROM: Lawrence I. Temple, Administrative Services Director DATE: June 20, 2002 SUBJECT: Approval to Adopt a Resolution of the City Council of the City of Rancho Cucamonqa, California, Rescindin.q Resolution No. 01-129 and Implementing Third Year Provisions of the Memorandum of Understandinq fMOU) for Fiscal Year 2002-2003 RECOMMENDATION It is recommended that the City Council approve the attached resolution rescinding resolution No. 01-129 and implementing the third year provisions of the Memorandum of Understanding (MOU) for fiscal year 2002-2003. BACKGROUND Annually the City approves adjustments to the Personnel Salary Resolution. On July 5, 2000 the City Council approved a three-year labor contract with employee associations, which calls for salary and benefits adjustments during the term of the contract. The attached Salary and Benefits Resolution implements the contract provisions for fiscal year 2002-2003. These have been budgeted and will take effect July 1,2002. Respectfully Submitted, Lawrence I. Temple Administrative Services Director Attachment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION 01-'129 AND IMPLEMENTING THIRD YEAR PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING (MOU) FOR FISCAL YEAR 2002/2003 WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges, benefits, and holidays and other policies for employees of the City of Rancho Cucamonga; and WHEREAS, the City Council of the City of Rancho Cucamonga recognizes that it competes in a marketplace to obtain qualified personnel to perform and provide municipal services, and that compensation and conditions of employment must be sufficiently attractive to recruit and retain qualified employees, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: Please Continue to the Next Page Resolution No. Page 2 of 13 SECTION 1: Salary Ranges ASSIGNMENTS OF CLASSIFICATIONS TO PAY RANGES Effective July 1, 2002 Minimum Control Point Maximum Class Title Step Amount Step Amount Step Amount Account Clerk 4369 2,386 4409 2,912 4419 3,061 Account Technician 4410 2,927 4450 3,573 4460 3,756 Accountan~ 3456 3,681 3496 4,493 3506 4,723 , Accounting Manager* 2516 4,964 2556 6,060 2566 6,370 Accounts Payable Supervisor~ 3446 3,502 3486 4,275 3496 4,493 Accounts Services Supervisor# 3485 4,254 3525 5,193 3535 5,458 Administrative Secretary~ 4412 2,956 4452 3,609 4462 3,793 Administrative Services Director+ 1604 7,775 1644 9,491 1674 11,023 Administrative Services Manager* 2544 5,708 2584 6,969 2614 8,093 Assistant City Manager+ 1637 9,166 1677 11,189 1707 12,995 Assistant Engineed¢ 3478 4,108 3518 5,014 3528 5,271 Assistant Planne~ 3466 3,869 3506 4,723 3516 4,965 Assistant RDAAnalyst~ 3445 3,484 3485 4,254 3495 4,471 Assistant to the City Manager* 2534 5,431 2574 6,630 2584 6,969 Associate Engineer# 3508 4,771 3548 5,824 3558 6,122 Associate Park Planner~ 3478 4,108 3518 5,014 3528 5,271 Associate Planner~ 3485 4,254 3525 5,193 3535 5,458 Benefits Technician 4385 2,584 4425 3,154 4435 3,316 BudgetAnalyst~ 3485 4,254 3525 5,193 3535 5,458 Building Inspection Supervisor~ 3491 4,383 3531 5,350 3541 5,624 Building Inspector~ 4451 3,591 4491 4,384 4501 4,608 Building & SafetyOfficial+Y 1573 6,661 1613 8,132 1643 9,444 Business License Clerk 4372 2,422 4412 2,956 4422 3,107 Business License Program Coordinatod¢ 3416 3,015 3456 3,681 3466 3,869 Business License Technician 4402 2,812 4442 3,433 4452 3,609 Buyer~ 3433 3,282 3473 4,006 3483 4,211 City Engineer+ 1594 7,397 1634 9,030 1664 10,487 City Manager+ 1663 10,435 1703 12,739 1733 14,795 CityPlanner+Y 1572 6,628 1612 8,091 1642 9,397 Code Enforcement Officer 4436 3,332 4476 4,068 4486 4,276 Code EnforcementSupervisor¢~ 3466 3,869 3506 4,723 3516 4,965 Community Development Director+Y 1612 8,091 1652 9,878 1682 11,472 Community Services Director+ 1590 7,250 1630 8,851 1660 10,280 Community Svc Marketing Manager* 2529 5,297 2569 6,466 2579 6,797 Community Services Officer 4409 2,912 4449 3,555 4459 3,737 Community Services Technician 4424 3,139 4464 3,832 4474 4,027 Deputy City Clerk# 3432 3,265 3472 3,986 3482 4,190 Deputy City Engineer* 2563 6,276 2603 7,661 2613 8,053 Deputy City Manager+ 1597 7,508 1637 9,166 1667 10,645 Emergency Preparedness Coordinator~ 3483 4,211 3523 5,141 3533 5,404 Emergency Preparedness Specialist 4426 3,170 4466 3,870 4476 4,068 Engineering Aide 4418 3,046 4458 3,719 4468 3,909 Engineering Technician 4438 3,366 4478 4,109 4488 4,319 Environmental Program Analyst~ 3493 4,427 3533 5,404 3543 5,680 Equipment Operatorz 5411 2,941 5451 3,590 5461 3,773 Resolution No. Page 3 of 13 Class Title Step Amount Step Amount Step Amount Equipment Services Supervisor~ 3441 3,415 3481 4,169 3491 4,383 Executive Assistant* 2448 3,536 2488 4,317 2498 4,538 Facilities Superintendent* 2530 5,323 2570 6,499 2580 i 6,831 Facilities Supervisod¢ 3474 4,026 3514 4,915 3524 5,167 Finance Officer+ 1577 6,795 1617 8,296 1647 9,634 Finance Specialist 4402 2,812 4442 3,433 4452 3,609 FleetSupervisor~ 3474 4,026 3514 4,915 3524 5,167 GISAnalyst-# 4450 3,573 4490 4,362 4500 4,585 GIS/Special District Superviso~ 3510 4,818 3550 5,882 3560 6,183 GIS Technician 4430 3,234 4470 3,946 4480 4,150 information Systems Analyst-# 3499 4,561 3539 5,568 3549 5,853 Information Systems Manager* 2548 5,823 2588 7,109 2598 7,473 Information Systems Specialist 4450 3,573 4490 4,362 4500 4,585 integrated Waste Coordinator* 2533 5,404 2573 6,597 2583 6,934 Inventory Specialist EquipmentJMat2 5381 2,532 5421 3,091 5431 3,249 Junior Buyer 4411 2,942 4451 3,591 4461 3,775 Junior Engineer 4448 3,538 4488 4,319 4498 4,540 Junior Engineering Aide 4398 2,757 4438 3,366 4448 3,538 Landscape Designer~ 3463 3,811 3503 4,653 3513 4,891 Lead Maintenance Worke? 5421 3,091 5461 3,773 5471 3,966 Librarian I# 3433 3,282 3473 4,006 3483 4,211 Librarian Il# 3455 3,662 3495 4,471 3505 4,700 Library Assistant I# 3363 2,315 3403 2,826 3413 2,970 Library Assistant Il# 3404 2,840 3444 3,467 3454 3,644 Library Clerk 4346 2,127 4386 2,597 4396 2,729 Library Director+ 1578 6,829 1618 8,337 1648 9,683 Library Page 4231 1,199 4271 1,463 4281 1,538 Library Page II 4280 1,530 4320 1,868 4330 1,964 Library Services Manager* 2504 4,676 2544 5,708 2554 6,000 Maintenance Coordinator 5438 3,364 5478 4,107 5488 4,317 Maintenance Supervisor~ 3474 4,026 3514 4,915 3524 5,167 Maintenance Workerz 5383 2,557 5423 3,122 5433 3,282 Management Aide 4426 3,170 4466 3,870 4476 4,068 Management Analyst I# 3456 3,681 3496 4,493 3506 4,723 Management Analyst I1# 3485 4,254 3525 5,193 3535 5,458 Management Analyst II1# 3502 4,630 3542 5,652 3552 5,941 Mechanicz 5424 3,138 5464 3,830 5474 4,026 Mechanic's Assistantz 5377 2,482 5417 3,030 5427 3,185 Office Services Clerk 4355 2,225 4395 2,716 4405 2,855 Office Specialist I 4335 2,013 4375 2,458 4385 2,584 Office Specialist II 4355 2,225 4395 2,716 4405 2,855 Park/Landscape Maintenance Supt.2 2530 5,323 2570 6,499 2580 6,831 Personnel Services Coordinator# 3457 3,699 3497 4,516 3507 4,747 Personnel Clerk 4375 2,458 4415 3,001 4425 3,154 Plan Check Manager Building* 2516 4,964 2556 6,060 2566 6,370 Plan Check Manager Fire* 2516 4,964 2556 6,060 2566 6,370 Planning Commission Secratary#$ 3432 3,265 3472 3,986 3482 4,190 Planning Specialist 4443 3,451 4483 4,212 4493 4,428 Planning Technician 4423 3,123 4463 3,812 4473 4,007 Resolution No. Page 4 of 13 Class Title Step Amount Step Amount Step Amount Plans Examinen~ 3475 4,047 3515 4,940 3525 5,193 PoLice Clerk** 4350 2,170 4390 2,649 4400 2,784 Principal Planner* 2535 5,458 2575 6,663 2585 7,003 Public Services Technician I 4399 2,771 4439 3,382 4449 3,555 Public Services Technician II 4409 2,912 4449 3,555 4459 3,737 Public Works Engineer*z 2533 5,404 2573 6,597 2583 6,934 Public Works Inspector Iz 4430 3,234 4470 3,948 4480 4,150 Public Works Inspectorllz 4450 3,573 4490 4,362 4500 4,585 Public Works Inspector II NPDESz 4450 3,573 4490 4,362 4500 4,585 Public Works Maintenance Manager* 2560 6,182 2600 7,547 2610 7,933 Public Works Safety& InventoryCoord~ 3466 3,869 3506 4,723 3516 4,965 Pumhasing Clerk 4368 2,374 4408 2,898 4418 3,046 Pumhasing Manager* 2530 5,323 2570 6,499 2580 6,831 Receptionist 4345 2,116 4385 2,584 4395 2,716 Records Clerk 4344 2,106 4384 2,571 4394 2,702 Records Coordinator 4372 2,422 4412 2,956 4422 3,107 Records Manager/City Clerk+ 1545 5,793 1585 7,072 1615 8,213 Recreation Coordinator 4443 3,451 4483 4,212 4493 4,428 Recreation Superintendent* 2529 5,297 2569 6,466 2579 6,797 Recreation Supervisor~ 3473 4,006 3513 4,891 3523 5,141 RedevelopmentAnalys~ 3475 4,047 3515 4,940 3525 5,193 Redevelopment Technician 4413 2,971 4453 3,627 4463 3,812 Redevelopment Director+ 1585 7,072 1625 8,633 1655 10,027 Revenue Clerk 4359 2,270 4399 2,771 4409 2,912 Risk Management Coordinator~ 3456 3,681 3496 4,493 3506 4,723 Secretary~ 4382 2,545 4422 3,107 4432 3,266 Senior Account Technician 4433 3,283 4473 4,007 4483 4,212 SeniorAccountant~ 3485 4,254 3525 5,193 3535 5,458 Senior Administrative Secretary~ 4432 3,266 4472 3,987 4482 4,191 Senior Building Inspector'~ 3471 3,967 3511 4,842 3521 5,090 Senior Civil Engineer* 2543 5,680 2583 6,934 2593 7,289 Senior Information Systems Analyst-# 3529 5,297 3569 6,467 3579 6,798 Senior Information Systems Specialist 4487 4,297 4527 5,246 4537 5,514 Senior Librarian# 3466 3,869 3506 4,723 3516 4,965 Senior Maintenance Worker~ 5393 2,688 5433 3,282 5443 3,449 Senior Park Planner~ 3490 4,361 3530 5,324 3540 5,596 Senior Planner* 2515 4,940 2555 6,030 2565 6,339 Senior Plans Examiner~ 3490 4,361 3530 5,324 3540 5,596 Senior Redevelopment Analyst* 2505 4,699 2545 5,737 2555 6,030 Senior Special Districts Technician 4430 3,234 4470 3,948 4480 4,150 Signal & Lighting Coordinator~ 5465 3,849 5505 4,699 5515 4,940 Special DistrictsAnalys~ 3485 4,254 3525 5,193 3535 5,458 Special Districts Technician 4424 3,139 4464 3,832 4474 4,027 Stadium Events Manager* 2541 5,623 2581 6,865 ,2591 7,216 Street/Storm Drain Maintenance Supt*z 2530 5,323 2570 6,499 2580 6,831 Supervising Public Works Inspectorfl7 3480 4,149 3520 5,065 3530 5,324 Traffic Engineer* 2555 6,030 2595 7,362 2605 7,738 Resolution No. Page 5 of 13 Part Time Positions Step Amount Step Amount Step Amount Account Clerk 6368 13.69 6408 16.71 6418 17.56 Crossing Guard 6240 7.23 : 6280 8,83 6290 9.28 Instructor/Guard I 6240 7.23 6280 8.83 6290 9.28 Instructor/Guard II 6280 8.83 6320 10.78 6330 11.33 Library Aide 6231 6.91 6271 8.44 6281 8.87 Librarian I 6433 18.93 6473 23.11 6483 24.29 Library Assistant I 6362 13.29 6402 16,22 6412 17.05 Library Assistant II 6404 16.38 6444 20.00 6454 21.02 Admin. Intem 6320 10.78 6360 13.15 6370 13.83 Assistant Pool Manager 6305 9.10 6345 12.21 6355 12.83 Library Clerk 6346 12.27 6386 14.98 6396 15.74 Library Page 6231 6.91 6271 8.44 6281 8.87 Library Page II 6280 8.83 6320 10.78 6330 11.33 Maintenance Technician2 6280 8.83 6320 10.78 6330 11.33 Office Specialist I 6332 11.44 6372 13,97 6382 14.68 Planning Aide 6320 10.78 6360 13.15 6370 13.83 Pool Manager 6329 11.27 6369 13.76 6379 14.46 Program Specialist 6311 10.30 6351 12.58 6361 13.22 Receptionist 6342 12,03 6382 14.68 6392 15.43 Records Clerk 6344 12,15 6384 14.83 6394 15.59 Records Coordinator 6372 13,97 6412 17.05 6422 17,92 Recreation Attendant 6237 7.12 6277 8.70 6287 9.14 Recreation Assistant 6266 8.23 6306 10.05 6316 10.56 Recreation Leader 6290 9,28 6330 11.33 6340 11.91 ** This classification when assigned to shifts other than day shift shall have additional pay of 40 cents per hour. 1. When acting as Clerk to Commissions $50 paid per night or weekend day meeting. Compensatory time off can be substituted in lieu of $50 at the option of the employee. 2. Up to $150 provided annually toward purchase of approved safety footwear from a city designated vendor, $ Denotes the $50 paid per night or weekend day meeting discontinues when this position is vacated as long as this position is classified supervisory/professional. Y Denotes positions subject to a modified salary based on market survey and the internal application of compensation factors. Y-rates will only be applied in the second and third years ofthe new three year labor contract. # Denotes Supervisory/Professional Class * Denotes Management Class + Denotes Executive Class Resolution No. Page 6 of 13 SECTION 2: SAI-ARY STRUCTURE Executive Management employees wilt be assigned to salary ranges which are no less than 20% (40 salary code steps) below the control point and no more than 15% (30 salary code steps) above the control point. All other employees will be assigned to salary ranges which are no less than 20% (40 salary code steps) below the control point and no moro than 5% (10 salary code steps) above the control point. Actual salary within the range is determined by performance, achievement of goals and objectives, or for recent appointments, growth within the position. SECTION 3: THREE TIERED MANAGEMENT PROGRAM Employees designated as either Professional/Supervisory, Management, or Executive Management are not eligible for overtime pay, or compensatory time for working hours over and above the normal daily work schedule. Employees so designated shall be entitled to all benefits provided to general employees and the following: Supervisory/Professional A. Administrative leave to a maximum of 50 hours per fiscal year. Days off must be approved by appropriate supervisor, after successful completion of six months service within this classification. B. Life insurance policy of an additional $20,000.®. C. Deferred compensation program of 2% of salary. Manaqement A. Administrative leave to a maximum of 75 hours per fiscal year. Days off must be approved by appropriate supervisor, after successful completion of six months service within this classification. B. Life insurance policy of an additional $20,000.®. C. Deferrod compensation program of 4% of salary. Executive Mana.qement A. Administrative leave to a maximum of 100 hours per fiscal year. Days off must be approved by appropriate supervisor, after successful completion of six months service within this classification. B. Life insurance policy of an additional $45,000.®. C. Deferrod compensation program of 6% of salary. D. Automobile allowance of $400.® per month if a City vehicle is not provided. Resolution No. Page 7 of 13 SECTION 4: LIFE INSURANCE The City provides $30,000.® base coverage of life insurance for all employees. Employees who want to purchase additional life insurance coverage with personal funds may do so at the City's group rate. SECTION 5: HEALTH INSURANCE The City provides health insurance plans available to all full time continuous salaried employees and elected officials. The City agrees to average the cost of medical insurance for all current employees as one group, providing for no additional payment by employees for coverage through June 30, 2003. The City will provide the following amounts for premium payments for all.full time employees hired after July 1, 1994. A. Up to $372.® per month effective 7/1/00 B. Up to $407.® per month effective 7/1/01 C. Up to $457.® per month effective 7/1/02 For Executive Management employees hired after July 1,1994, the City shall pay up to $337.® a month for medical insurance. SECTION 6: RETIREE MEDICAL Employees who retire at the age of 55 or above with ten years of service with the City of Rancho Cucamonga can pay for medical insurance at a group rate through the City until 18 months prior to the age of 65 at which time they can convert to Cobra. SECTION 7: DENTAL INSURANCE The City shall provide a dental insurance plan for all full-time continuous salaried employees and elected officials. The City agrees to average the cost of dental insurance for all full time continuous salaried employees and elected officials through June 30, 2003. SECTION 8: OPTICAL INSURANCE The City shall provide an optical insurance plan for all full-time continuous salaried employees and elected officials. The City agrees to average the cost of optical insurance for all full time continuous salaried employees and elected officials through June 30, 2003. Resolution No. Page 8 of 13 SECTION 9: BEREAVEMENT LEAVE When a death occurs in the family of a full time employee, the employee shall be granted up to five (5) bereavement leave days with pay. A death certificate or other acceptable evidence may be required by the department head before ~eave is allowed. Family members are defined as follows: employee's spouse, employee's parents, employee's grandparents, employee's children, employee's siblings, or employee's grandchildren, employee's spouse's parents, employee's spouse's grandparents, employee's spouse's siblings, employee's spouse's children, employee's spouses grandchildren, or a blood relative residing with employee. The department head and the City Manager shall approve such bereavement leave. SECTION 10: PERSONAL LEAVE Employees can use up to 20 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. This 20 hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Llse of this time is for situations requiring the employee's attention and needs to be cleared with their supervisor when using this time. Personal leave can be taken after six months service. SECTION 11: VACATION All full-time emp[oyees shall, with continuous service, accrue working hours of vacation monthly according to the following schedule. Vacation can be taken after six months service. Length of Service Hours Accrued Annual Hours in Years Per Pay Period Accrued 1 3.077 80 2 3.461 90 3 3.846 100 4 4.230 110 5 4.615 120 6-8 5.000 130 9 5.384 140 10 5.769 150 11-13 6.153 160 14 6.538 170 15+ 6.923 180 Resolution No. Page 9 of 13 SECTION 12: VACATION BUYBACK City to provide the cash value of 40 hours of vacation leave annually in November. Employees must maintain a minimum of 80 hours of accrued vacation subsequent to any payment of vacation buy back time. Employees who wish to buy back vacation must request payment of not more than or less than 40 hours. SECTION 13: SICK LEAVE All full-time employees shall, with continuous service, accrue 120 hours of sick leave annually. Sick leave can be taken after six months service. SECTION 14: SICK LEAVE BUYBACK Employees who terminate their city employment after 5 years of continuous service and have at least 50% of five years' sick leave accrued on the books upon termination can sell 120 hours back to the City. SECTION 15: HOLIDAYS The City Offices shall observe the following 14 holidays. All full time continuous salaried employees shall be compensated at their regular rate for these days. ¢) July4 Independence Day (2) First Monday of September Labor Day (3) November 11 Veteran's Day (4) Last Thursday of November Thanksgiving Day (si Day following Thanksgiving (Floater) (6) December 24 Day preceding Christmas (Floater) (?) December25 Christmas Day (8) January 1 New Years Day (8) Third Monday of January Martin Luther King's Birthday ¢0) Third Monday of February President's Day (~) Last Monday of May Memorial Day 02I Three discretionary days may be taken by an employee at his/her convenience after six months service subject Io approval of the department head. Days may not be carried over from one fiscal year to the next. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. When a holiday combination occurs (Thanksgiving, Christmas, etc) where two consecutive days are holidays and it would result in the City Hall being open to serve the public only 2 days during the week, only one of the holidays will be observed and the other holiday will become a floating Resolution No. Page 10 of 13 holiday. For example, for Thanksgiving, Thursday will be observed as the regular holiday, however Friday will become a floating holiday to be used at a later date. For Christmas, Wednesday will be observed as the regular holiday, however Tuesday (the day preceding Christmas) will become a floating holiday to be used at a later date. In the instance of Thanksgiving, Christmas, or New Years, employees will have until June 30 to use those floating holidays accrued between Thanksgiving and New Years. Also, those days will not accrue as floating holidays until the actual holiday has occurred. Each year the City will designate which days will be observed and which are floating holidays. Employees who are eligible to bank a holiday have until June 30 (end of fiscal year) to use the banked holiday earned from July 1 through April 30. Any holiday banked in May and June, employees have until September 30 to use the banked holiday. SECTION 16: HOLIDAY TIME The City agrees that employees who are assigned to work on a holiday, whether or not their regular shift assignment requires they work that day, are eligible for pay at time and one-half for working that day. This time and one- half may be taken as compensation or put in a compensatory time off bank, (in effect, compensating at double time and one-half). That rate of compensation is tallied as follows: The ten hours compensation for the holiday, plus compensation at time and one-half for the hours actually worked. This payment at time and one-half abrogates the employees right to that holiday. SECTION 17: PREMIUM HOLIDAY COMPENSATION Maintenance employees required as part of the regular work assignment to work on Christmas Day, New Years Day, Independence Day or Thanksgiving Day, are allowed to observe the holiday on another day. Additionally, these employees who work on the aforementioned designated holidays may select to receive compensation on that holiday at time and one-half for the ten hour shift, or take a second holiday as time off at a later date. SECTION 18: NATAL AND ADOPTION LEAVE WITHOUT PAY Employees are granted up to four months natal and adoption leave for the birth or adoption of a child. Employees on this leave of absence without pay will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. SECTION 19: NATAL AND ADOPTION LEAVE WITH PAY Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. Resolution No. Page 11 of 13 SECTION 20: MILITARY LEAVE Employees required to serve military leave will be compensated pursuant to the Military and Veterans'Code. To qualify for compensation the military orders must be submitted to the supervisor prior to their tour of duty and must be attached to the timecard for that pay period. SECTION 21: MILITARY SERVICE BUY BACK Employees have the option for military service buy back at the employee's expense. SECTION 22: OVERTIME - MAINTENANCE The City agrees that employees who are sent home to rest and to be available to work additional hours as a result of a storm or impending emergency situation and are not subsequently recalled to work, will be compensated for the hours not worked in that shift, due to them having been sent home, to bring the total hours to 10 worked in that shift. Employees who are subsequently recalled to work the storm or emergency situation will work no more than 12 consecutive hours. Any hours worked in excess of 10 in that 12 hour shift will be paid at time and one-half, regardless of the total numbers of compensated hours for that work week. SECTION 23: STANDBY PAY Employees required td be on standby shall be compensated at the rate of $150.® per week. SECTION 24: SAFETY FOOTWEAR The City will provide up to $150.00 annually toward the purchase of safety footwear at a city designated vendor for employees required to wear safety footwear as part of their job responsibilities. SECTION 25: Retirement Benefit City to provide the employees' contribution for CalPERS 2.5% @ 55 retirement formula and supplemental benefit through PARS Phase II Retirement System. The new retirement formula and the supplemental plan shall become effective December 1, 2002. SECTION 26: TUITION REIMBURSEMENT A. City shall provide all regular full time employees for tuition reimbursement who meet cdteria outlined in tuition reimbursement policy up to a maximum of $750.® per person per fiscal year. B. The amount of tuition reimbursement for Executive Management employees shall be $250.® per person per fiscal year, provided they meet the criteria outlined in tuition reimbursement policy. Resolution No. Page 12 of 13 SECTION 27:4/10 WORKWEEK The City will operate on a 4/10 work week, hours 7 am to 6 pm, Monday through Thursday. SECTION 28: CARPOOL BANKED HOURS Employees who are eligible to bank 1/2 hour carpool time have until June 30 (end of fiscal year) to use the banked hours earned from July 1 through April 30. Any carpool hours banked in May and June, employees have until September 30 to use the banked time. SECTION 28: BI-L~NGUAL PAY Employees who qualify for bi-lingual pay will be provided at $50.® per month. SECTION 29: CITY MANAGER'S CONTRACT The City Manager's contract #89-037 is renewed for fiscal year 2002 - 2003. SECTION 30: CITY COUNCIL o CalPERS City Councilmembers have the option to join CalPERS; City Councilmembers are eligible for a $400.® per month car allowance; the Mayor for $550.® per month. SECTION 31: CONFIDENTIAL EMPLOYEES Confidential employees are designated as such when an employee in the course of his or her duties, has access to information relating to the City's administration of employer-employee relations. Employees designated as confidential employees may not act as representatives of employee organizations which represent other employees of the City. The employees designated as confidential employees are as follows: Personnel Services Coordinator Administrative Secretary Personnel Clerk Senior Administrative Secretary Benefits Technician Risk Management Coordinator Account Technician - Payroll Deputy City Clerk Office Specialist II - Admin Svc Records Clerk Secretary Records Coordinator Planning Commission Secretary Executive Assistant SECTION 32: EFFECTIVE DATE The provisions of this resolution are effective July 1,2002. Please See the Following Page for Adoption and Signatures Resolution No. Page 13 of 13 PASSED, APPROVED, AND ADOPTED this 20th day of June 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alexander, Mayor A'rrEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of June 2002. Executed this 20th day of June 2002, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk EXECUTIVE MANAGEMENT SALARY TABLE July 1, 2OO2 Hourly Bi-Week~ Monthly Rate Adjustment Range # Rate Rate 1541 32.7628 2621.0233 5,678 1542 32.9266 2634.1285 5,707 1543 33.0913 2647.2991 5,735 1544 33.2567 2660.5356 5,764 1545 33.4230 2673.8383 5,793 1546 33.5901 2687.2075 5,822 1547 33.7581 2700.6435 5,851 1548 33.9269 2714.1467 5,880 1549 34.0965 2727.7174 5,910 1550 34.2670 2741.3560 5,939 1551 34.4383 2755.0628 5,969 1552 34.6105 2768.8381 5,999 1553 34.7836 2782.6823 6,029 1554 34.9575 2796.5957 6,059 1555 35.1323 2810.5787 6,089 1556 35.3079 2824.6316 6,120 1557 35.4845 2838.7548 6,150 1558 35.6619 2852.9485 6,181 1559 35.8402 2867.2133 6,212 1560 36.0194 2881.5493 6,243 1561 36.1995 2895.9571 6,274 1562 36.3805 2910.4369 6,305 1563 36.5624 2924.9891 6,337 1564 36.7452 2939.6140 6,369 1565 36.9289 2954.3121 6,400 1566 37.1136 2969.0836 6,432 1567 37.2992 2983.9291 6,465 1568 37.4857 2998.8487 6,497 1569 37.6731 3013.8429 6,529 1570 37.8615 3028.9122 6,562 1571 38.0508 3044.0567 6,595 1572 38.2410 3059.2770 6,628 1573 38.4322 3074.5734 6,661 1574 38.6244 3089.9463 6,694 1575 38.8175 3105.3960 6,728 1576 39.0116 3120.9230 6,761 1577 39.2086 3136.5276 6,795 1578 39.4027 3152.2102 6,829 1579 39.5997 3167.9713 6,863 1580 39.7977 3183.8111 6,898 1581 39.9967 3199.7302 6,932 1582 40.1967 3215.7288 6,967 1583 40.3976 3231.8075 7,002 1584 40.5996 3247.9665 7,037 1585 40.8026 3264.2063 7,072 1586 41.0066 3280.5274 7,107 1587 41.2117 3296.9300 7,143 1588 41.4177 3313.4147 7,178 5/28/2002 Page 1 /3 EXECUTIVE MANAGEMENT SALARY TABLE Julv I 2002 Hourly Bi-;t~eek~ Monthly Range # Rate Rate Rate Adjustment 1589 41.6248 3329.9817 7,214 1590 41.8330 3346.6316 7,250 1591 42.0421 3363.3648 7,287 1592 42.2523 3380.1816 7,323 1593 42.4636 3397.0825 7,360 1594 42.6759 3414.0679 7,397 1595 42.8893 3431.1383 7,433 1596 43.1037 3448.2940 7,471 1597 43.3193 3465.5355 7,508 1598 43.5358 3482.8631 7,546 1599 43.7535 3500.2774 7,583 1600 43.9723 3517.7788 7,621 1601 44.1922 3535.3677 7,659 1602 44.4131 3553.0446 7,698 1603 44.6352 3570.8098 7,736 1604 44.8584 3588.6638 7,775 1605 45.0826 3606.6072 7,814 1606 45.3081 3624.6402 7,853 1607 45.5346 3642.7634 7,892 1608 45.7623 3660.9772 7,931 1609 45.9911 3679.2821 7,971 1610 46.2210 3697.6785 8,011 1611 46.4521 3716.1669 8,051 1612 46.6844 3734.7477 8,091 1613 46.9178 3753.4215 8,132 1614 47.1524 3772.1886 8,172 1615 47.3882 3791.0495 8,213 1616 47.6251 3810.0048 8,254 1617 47.8632 3829.0548 8,296 1618 48.1026 3848.2001 8,337 1619 48.3431 3867.4411 8,379 1620 48.5848 3886.7783 8,421 1621 48.8277 3906.2122 8,463 1622 49.0719 3925.7432 8,505 1623 49.3172 3945.3719 8,548 1624 49.5638 3965.0988 8,590 1625 49.8116 3984.9243 8,633 1626 50.0607 4004.8489 8,676 1627 50.3110 4024.8732 8,720 1628 50.5625 4044.9975 8,763 1629 50.8153 4065.2225 8,807 1630 51.0694 4085.5486 8,851 1631 51.3248 4105.9764 8,896 1632 51.5814 4126.5063 8,940 1633 51.8393 4147.1388 8,985 1634 52.0985 4167.8745 9,030 1635 52.3590 4188.7138 9,075 1636 52.6208 4209.6574 9,120 5/28/2002 P)g~2 EXECUTIVE MANAGEMENT SALARY TABLE July 1, 2002 Hourly Bi-Week~ Monthly Range # Rate Rate Rate Adjustment 1637 52.8839 4230.7057 9,166 1638 53.1483 4251.8592 9,212 1639 53.4141 4273.1185 9,258 1640 53.6811 4294.4841 9,304 1641 53.9495 4315.9565 9,350 1642 54.2193 4337.5363 9,397 1643 54.4904 4359.2240 9,444 1644 54.7628 4381.0201 9,491 1645 55.0366 4402.9252 9,539 1646 55.3118 4424.9399 9,587 1647 55.5884 4447.0646 9,634 1648 55.8663 4469.2999 9,683 1649 56.1457 4491.6464 9,731 1650 56.4264 4514.1046 9,780 1651 56.7085 4536.6751 9,829 1652 56.9921 4559.3585 9,878 1653 57.2770 4582.1553 9,927 1654 57.5634 4605.0661 9,977 1655 57.8512 4628.0914 10,027 1656 58.1405 4651.2319 10,077 1657 58.4312 4674.4880 10,127 1658 58.7233 4697.8605 10,178 1659 59.0170 4721.3498 10,229 1660 59.3120 4744.9565 10,280 1661 59.6086 4768.6813 10,331 1662 59.9066 4792.5247 10,383 1663 60.2062 4816.4873 10,435 1664 60.5072 4840.5698 10,487 1665 60.8097 4864.7726 10,539 1666 61.1138 4889.0965 10,592 1667 61.4194 4913.5420 10,645 1668 61.7265 4938.1097 10,698 1669 62.0351 4962.8002 10,752 1670 62.3453 4987.6142 10,806 1671 62.6570 5012.5523 10,860 1672 62.9703 5037.6150 10,914 1673 63.2851 5062.8031 10,968 1674 63.6015 5088.1171 11,023 1675 63.9196 5113.5577 11,078 1676 64.2392 5139~1255 11,134 1677 64.5603 5164.8211 11,189 1678 64.8832 5190.6452 11,245 1679 65.2076 5216.5985 11,302 1680 65.5336 5242.6815 11,358 1681 65.8613 5268.8949 11,415 1682 66.1906 5295.2393 11,472 1683 66.5215 5321.7155 11,529 1684 66.8541 5348.3241 11,587 5/28/2002 Page 3 EXECUTIVE MANAGEMENT SALARY TABLE Julv 1,2002 Hourly Bi-Weekly Monthly Range # Rate Rate Rate Adjustment 1685 67.1884 5375.0657 11,645 1686 67.5244 5401.9411 11,703 1687 67.8620 5428.9508 11,762 1688 68.2013 5456.0955 11,821 1689 68.5423 5483.3760 11,880 1690 68.8850 5510.7929 11,939 1691 69.2294 5538.3469 11,999 1692 69.5756 5566.0386 12,059 1693 69.9235 5593.8688 12,119 1694 70.2731 5621.8381 12,180 1695 70.6244 5649.9473 12,241 1696 70.9776 5678.1971 12,302 1697 71.3324 5708.5880 12,363 1698 71.6891 5735.1210 12,425 1699 72.0476 5763.7966 12,487 1700 72.4078 5792.6156 12,550 1701 72.7698 5821.5786 12,612 1702 73.1337 5850.6865 12,675 1703 73.4993 5879.9400 12,739 1704 73.8668 5909.3397 12,802 1705 74.2362 5938.8864 12,866 1706 74.6074 5968.5808 12,931 1707 74.9804 5998.4237 12,995 1708 75.3553 6028.4158 13,060 1709 75.7321 6058.5579 13,126 1710 76.1107 6088.8507 13,191 1711 76.4913 6119.2949 13,257 1712 76.8737 6149.8914 13,324 1713 77.2581 6180.6409 13,390 1714 77.6444 6211.5441 13,457 1715 78.0326 6242.6018 13,524 1716 78.4228 6273.8148 13,592 1717 78.8149 6305.1839 13,660 1718 79.2090 6336.7098 13,728 1719 79.6050 6368.3933 13,797 1720 80.0030 6400.2353 13,866 1721 80.4031 6432.2365 13,935 1722 80.8051 6464.3977 14,005 1723 81.2091 6496.7197 14,075 1724 81.6151 6529.2033 14,145 1725 82.0232 6561.8493 14,216 1726 82.4333 6594.6585 14,287 1727 82.8455 6627.6318 14,359 1728 83.2597 6660.7700 14,430 1729 83.6760 6694.0738 14,503 1730 84.0944 6727.5442 14,575 1731 84.5149 6761.1819 14,648 1732 84.9375 6794.9878 14,721 5t28/2002 Page 4 EXECUTIVE MANAGEMENT SALARY TABLE July 1, 2002 Hourly Bi-Weekly Monthly Range # Rate Rate Rate Adjustment 1733 85.3621 6828.9628 14,795 1734 85.7890 6863.1076 14,869 1735 86.2179 6897.4231 14,943 1736 86.6490 6931.9102 15,018 1737 87.0822 6966.5698 15,093 1738 87.5176 7001.4026 15,168 1739 87.9552 7036.4096 15,244 1740 88.3950 7071.5917 15,320 [File] 5/28/2002 Page 5 MANAGEMENT EMPLOYEES SALARY TABLE July1,2002 Hourly Bi-Week~ Monthly Range # Rate Rate Rate Adjustment 2441 19.7031 1576.2520 3,415 2442 19.8016 1584.1332 3,432 2443 19.9006 1592.0539 3,449 2444 20.0001 1600.0142 3,467 2445 20.1001 1608.0142 3,484 2446 20.2006 1616.0543 3,501 2447 20.3016 1624.1346 3,519 2448 20.4031 1632.2553 3,536 2449 20.5051 1640.4165 3,554 2450 20.6076 1648.6186 3,572 2451 20.7107 1658.8617 3,590 2452 20.8142 1665.1460 3,608 2453 20.9183 1673.4718 3,626 2454 21.0229 1681.8391 3,644 2455 21.1280 1690.2483 3,662 2456 21.2336 1698.6995 3,680 2457 21.3398 1707.1930 3,699 2458 21.4465 1715.7290 3,717 2459 21.5537 1724.3077 3,736 2460 21.6615 1732.9292 3,755 2461 21.7698 1741.5938 3,773 2462 21.8787 1750.3018 3,792 2463 21.9881 1759.0533 3,811 2464 22.0980 1767.8486 3,830 2465 22.2085 1776.6878 3,849 2466 22.3195 1785.5713 3,869 2467 22.4311 1794.4991 3,888 2468 22.5433 1803.4716 3,907 2469 22.6560 1812.4890 3,927 2470 22.7693 1821.5514 3,947 2471 22.8831 1830.6592 3,966 2472 22.9975 1839.8125 3,986 2473 23.1125 1849.0115 4,006 2474 23.2281 1858.2566 4,026 2475 23.3442 1867.5479 4,046 2476 23.4610 1876.8856 4,066 2477 23.5783 1886.2700 4,087 2478 23.6962 1895.7014 4,107 2479 23.8146 1905.1799 4,128 2480 23.9337 1914.7058 4,148 2481 24.0534 1924.2793 4,169 2482 24.1736 1933.9007 4,190 2483 24.2945 1943.5702 4,211 2484 24.4160 1953.2881 4,232 2485 24.5381 1963.0545 4,253 2486 24.6608 1972.8698 4,274 2487 24.7841 1982.7341 4,296 2488 24.9080 1992.6478 4,317 Management Employees Salary Table 7-1-02.xls 5/28/2002 Page I MANAGEMENT EMPLOYEES SALARY TABLE July 1,2002 HourlyBi-Week~Monthly Range# Rate Rate Rate Adjustment 2489 25.0325 2002.6111 4,339 2490 25.1577 2012.6241 4,360 2491 25.2835 2022.6872 4,382 2492 25.4099 2032.8007 4,404 2493 25.5369 2042.9647 4,426 2494 25.6646 2053.1795 4,448 2495 25.7929 2063.4454 4,471 2496 25.9219 2073.7626 4,493 2497 26.0515 2084.1314 4,515 2498 26.1818 2094.5521 4,538 2499 26.3127 2105.0248 4,561 2500 26.4443 2115.5500 4,583 2501 26.5765 2126.1277 4,606 2502 26.7094 2136.7584 4,629 2503 26.8429 2147.4422 4,653 2504 26.9771 2158.1794 4,676 2505 27.1120 2168.9703 4,699 2506 27.2476 2179.8151 4,723 2507 27.3838 2190.7142 4,746 2508 27.5207 2201.6678 4,770 2509 27.6583 2212.6761 4,794 2510 27.7966 2223.7395 4,818 2511 27.9356 2234.8582 4,842 2512 28.0753 2246.0325 4,866 2513 28.2157 2257.2626 4,891 2514 28.3567 2268.5489 4,915 2515 28.4985 2279.8917 4,940 2516 28.6410 2291.2911 4,964 2517 28.7842 2302.7476 4,989 2518 28.9281 2314.2613 5,014 2519 29.0728 2325.8326 5,039 2520 29.2181 2337.4618 5,064 2521 29.3642 2349.1491 5,090 2522 29.5110 2360.8949 5,115 2523 29.6586 2372.6993 5,141 2524 29.8069 2384.5628 5,166 2525 29.9559 2396.4856 5,192 2526 30.1057 2408.4681 5,218 2527 30.2562 2420.5104 5,244 2528 30.4075 2432.6130 5,270 2529 30.5596 2444.7760 5,297 2530 30.7124 2456.9999 5,323 2531 30.8659 2469.2849 5,350 2532 31.0202 2481.6313 5,377 2533 31.1753 2494.0395 5,404 2534 31.3312 2506.5097 5,431 2535 31.4879 2519.0422 5,458 2536 31.6453 2531.6375 5,485 Management Employees Salary Table 7-1-02.xls 5/28/2002 Pag~:~f MANAGEMENT EMPLOYEES SALARY TABLE Julv I 2002 Hourly Bi-~eek~ Monthly Range # Rate Rate Rate Adjustment 2537 31.8035 2544.2956 5,512 2538 31.9626 2557.0171 5,540 2539 32.1224 2569.8022 5,568 2540 32.2830 2582.6512 5,595 2541 32.4444 2595.5645 5,623 2542 32.6066 2608.5423 5,652 2543 32.7697 2621.5850 5,680 2544 32.9335 2634.6929 5,708 2545 33.0982 2647.8664 5,737 2546 33.2637 2661.1057 5,765 2547 33.4300 2674.4113 5,794 2548 33.5971 2687.7833 5,823 2549 33.7651 2701.2222 5,852 2550 33.9339 2714.7283 5,882 2551 34.1036 2728.3020 5,911 2552 34.2741 2741.9435 5,941 2553 34.4455 2755.6532 5,970 2554 34.6177 2769.4315 6,000 2555 34.7908 2783.2786 6,030 2556 34.9648 2797.1950 6,060 2557 35.1396 2811.1810 6,091 2558 35.3153 2825.2369 6,121 2559 35.4919 2839.3631 6,152 2560 35.6693 2853.5599 6,182 2561 35.8477 2867.8277 6,213 2562 36.0269 2882.1668 6,244 2563 36.2071 2896.5777 6,276 2564 36.3881 2911.0606 6,307 2565 36.5700 2925.6159 6,339 2566 36.7529 2940.2439 6,370 2567 36.9366 2954.9452 6,402 2568 37.1213 2969.7199 6,434 2569 37.3069 2984.5685 6,466 2570 37.4935 2999.4913 6,499 2571 37.6809 3014.4888 6,531 2572 37.8693 3029.5612 6,564 2573 38.0587 3044.7090 6,597 2574 38.2490 3059.9326 6,630 2575 38.4402 3075.2322 6,663 2576 38.6324 3090.6084 6,696 2577 38.8256 3106.0615 6,729 2578 39.0197 3121.5918 6,763 2579 39.2148 3137.1997 6,797 2580 39.4109 3152.8857 6,831 2581 39.6079 3168.6501 6,865 2582 39.8060 3184.4934 6,899 2583 40.0050 3200.4159 6,934 2584 40.2050 3216.4179 6,969 Management Employees Salary Table 7-1-02.xls 5/28/2002 Page 3 MANAGEMENT EMPLOYEES SALARY TABLE July1,2002 Hourly Bi-Week~ Monthly Range # Rate Rate Rate Adjustment 2585 40.4061 3232.5000 7,003 2586 40.6081 3248.6625 7,038 2587 40.8111 3264.9058 7,074 2588 41.0152 3281.2304 7,109 2589 41.2203 3297.6365 7,145 2590 41.4264 3314.1247 7,180 2591 41.6335 3330.6953 7,216 2592 41.8417 3347.3488 7,252 2593 42.0509 3364.0856 7,289 2594 42.2611 3380.9060 7,325 2595 42.4724 3397.8105 7,362 2596 42.6848 3414.7996 7,398 2597 42.8982 3431.8736 7,435 2598 43.1127 3449.0329 7,473 2599 43.3283 3466.2781 7,510 2600 43.5449 3483.6095 7,547 2601 43.7626 3501.0275 7,585 2602 43.9815 3518.5327 7,623 2603 44.2014 3536.1253 7,661 2604 44.4224 3553.8060 7,700 2605 44.6445 3571.5750 7,738 2606 44.8677 3589.4329 7,777 2607 45.0920 3607.3800 7,816 2608 45.3175 3625.4169 7,855 2609 45.5441 3643.5440 7,894 2610 45.7718 3661.7617 7,933 2611 46.0007 3680.0705 7,973 2612 46.2307 3698.4709 8,013 2613 46.4618 3716.9632 8,053 2614 46.6941 3735.5481 8,093 2615 46.9276 3754.2258 8,134 2616 47.1622 3772.9969 8,174 2617 47.3981 3791.8619 8,215 2618 47.6350 3810.8212 8,256 2619 47.8732 3829.8753 8,298 2620 48.1126 3849.0247 8,339 Management Employees Salary Table 7-1-02.xls 5/28/2002 Pa~4,~ SUPERVISORY/PROFESSIONAL EMPLOYEES SALARY TABLE Ju1¥1,2002 Hourly Bi-Week~ Monthly Range # Rate Rate Rate Adjustment 3361 13.2205 1057.6469 2,292 3362 13.2866 1062.9351 2,303 3363 13.3530 1068.2498 2,315 3364 13.4198 1073.5911 2,326 3365 13.4859 1078.9590 2,338 3366 13.5543 1084.3538 2,350 3367 13.6221 1089.7756 2,361 3368 13.6902 1095.2245 2,373 3369 13.7587 1100.7006 2,385 3370 13.8275 1106.2041 2,397 3371 13.8966 1111.7351 2,409 3372 13.9661 1117.2938 2,421 3373 14.0359 1122.8803 2,433 3374 14.1061 1128.4947 2,445 3375 14.1766 1134.1371 2,457 3376 14.2475 1139.8078 2,470 3377 14.3187 1145.5068 2,482 3378 14.3903 1151.2344 2,494 3379 14.4623 1156.9906 2,507 3380 14.5346 1162.7755 2,519 3381 14.6073 1168.5894 2,532 3382 14.8803 1174.4323 2,545 3383 14.7537 1180.3045 2,557 3384 14.8275 1186.2060 2,570 3385 14.9016 1192.1370 2,583 3386 14.9761 1198.0977 2,596 3387 15.0510 1204.0882 2,609 3388 15.1263 1210.1087 2,622 3389 15.2019 1216.1592 2,635 3390 15.2779 1222.2400 2,648 3391 15.3543 1228.3512 2,662 3392 15.4311 1234.4930 2,675 3393 15.5082 1240.6654 2,688 3394 15.5858 1246.8687 2,702 3395 15.6637 1253.1031 2,715 3396 15.7420 1259.3686 2,729 3397 15.8207 1265.6655 2,742 3398 15.8998 1271.9938 2,756 3399 15.9793 1278.3537 2,770 3400 16.0592 1284.7455 2,784 3401 16.1395 1291.1692 2,798 3402 16.2202 1297.6251 2,812 3403 16.3013 1304.1132 2,826 3404 16.3828 1310.6338 2,840 3405 16.4647 1317.1870 2,854 3406 16.5471 1323.7729 2,868 3407 16.6298 1330.3917 2,883 3408 16.7129 1337.0437 2,897 Professional Employees Salary Table 7-1-62~1'~002 Page 1 SUPERVISORY/PROFESSIONAL EMPLOYEES SALARY TABLE July 1, 2002 Hourly Bi-Week~ Monthly Range # Rate Rate Rate Adjustment 3409 16.7965 1343.7289 2,912 3410 16.8805 1350.4476 2,926 3411 16.9649 1357.1998 2,941 3412 17.0497 1363.9858 2,955 3413 17.1350 1370.8057 2,970 3414 17.2206 1377.6598 2,985 3415 17.3067 1384.5481 3,000 3416 17.3933 1391.4708 3,015 3417 17.4802 1398.4282 3,030 3418 17.5676 1405.4203 3,045 3419 17.6555 1412.4474 3,060 3420 17.7438 1419.5096 3,076 3421 17.8325 1426.6072 3,091 3422 17.9216 1433.7402 3,107 3423 18.0112 1440.9089 3,122 3424 18.1013 1448.1135 3,138 3425 18.1918 1455.3540 3,153 3426 18.2828 1462.6308 3,169 3427 18.3742 1469.9440 3,185 3428 18.4661 1477.2937 3,201 3429 18.5584 1484.6801 3,217 3430 18.6512 1492.1035 3,233 3431 18.7444 1499.5641 3,249 3432 18.8382 1507.0619 3,265 3433 18.9323 1514.5972 3,282 3434 19.0270 1522.1702 3,298 3435 19.1221 1529.7810 3,315 3436 19.2178 1537.4299 3,331 3437 19.3138 1545.1171 3,348 3438 19.4104 1552.8427 3,365 3439 19.5075 1560.6069 3,381 3440 19.6050 1568.4099 3,398 3441 19.7030 1576.2520 3,415 3442 19.8015 1584.1332 3,432 3443 19.9005 1592.0539 3,450 3444 20.0001 1600.0142 3,467 3445 20.1001 1608.0142 3,484 3446 20.2006 1616.0543 3,502 3447 20.3016 1624.1346 3,519 3448 20.4031 1632.2553 3,537 3449 20.5051 1640.4165 3,554 3450 20.6076 1648.6186 3,572 3451 20.7106 1656.8617 3,590 3452 20.8142 1665.1460 3,608 3453 20.9183 1673.4717 3,626 3454 21.0229 1681.8391 3,644 3455 21.1280 1690.2483 3,662 3456 21.2336 1698.6995 3,681 Professional Employees Salary Table 7-1-622~Y~002 Paged SUPERVISORY/PROFESSIONAL EMPLOYEES SALARY TABLE Julv 1, 2002 Hourly ai-Week~ Monthly Range # Rate Rate Rate Adjustment 3457 21.3398 1707.1930 3,699 3458 21.4465 1715.7290 3,718 3459 21.5537 1724.3076 3,736 3460 21.6615 1732.9292 3,755 3461 21.7698 1741.5938 3,774 3462 21.8786 1750.3018 3,793 3463 21.9880 1759.0533 3,811 3464 22.0980 1767.8486 3,831 3465 22.2085 1776.6878 3,850 3466 22.3195 1785.5713 3,869 3467 22.4311 1794.4991 3,886 3468 22.5433 1803.4716 3,908 3469 22.6560 1812.4890 3,927 3470 22.7693 1821.5514 3,947 3471 22.8831 1830.6592 3,967 3472 22.9975 1839.8125 3,986 3473 23.1125 1849.0115 4,006 3474 23.2281 1858.2566 4,026 3475 23.3442 1867.5479 4,047 3476 23.4609 1876.8856 4,067 3477 23.5782 1886.2700 4,087 3478 23.6961 1895.7014 4,108 3479 23.8146 1905.1799 4,128 3480 23.9337 1914.7058 4,149 3481 24.0533 1924.2793 4,169 3482 24.1736 1933.9007 4,190 3483 24.2946 1943.5702 4,211 3484 24.4159 1953.2881 4,232 3485 24.5380 1963.0545 4,254 3486 24.6607 1972.8698 4,275 3487 24.7840 1982.7341 4,296 3488 24.9079 1992.6478 4,318 3489 25.0325 2002.6110 4,339 3490 25.1576 2012.6241 4,361 3491 25.2834 2022.6872 4,383 3492 25.4099 2032.8007 4,405 3493 25.5369 2042.9647 4,427 3494 25.6646 2053.1795 4,449 3495 25.7929 2063.4454 4,471 3496 25.9219 2073.7626 4,493 3497 26.0515 2084.1314 4,516 3498 26.1817 2094.5521 4,538 3499 26.3126 2105.0248 4,561 3500 26.4442 2115.5500 4,584 3501 26.5764 2126.1277 4,607 3502 26.7093 2136.7584 4,630 3503 26.8429 2147.4421 4,653 3504 26.9771 2158.1794 4,676 Professional Employees Salary Table 7-1-62~¢~002 Pa~3.~ SUPERVISORY/PROFESSIONAL EMPLOYEES; SALARY TABLE July1,2002 Hourly Bi-Week~ Monthly Range # Rate Rate Rate Adjustment 3505 27.1120 2168.9702 4,700 3506 27.2475 2179.8151 4,723 3507 27.3838 2190.7142 4,747 3508 27.5207 2201.6677 4,771 3509 27.6583 2212.6761 4,794 3510 27.7966 2223.7395 4,818 3511 27.9356 2234.8582 4,842 3512 28.0752 2248.0325 4,867 3513 28.2158 2257.2826 4,891 3514 28.3567 2268.5489 4,915 3515 28.4985 2279.8917 4,940 3516 28.6410 2291.2911 4,965 3517 28.7842 2302.7476 4,990 3518 28.9281 2314.2613 5,014 3519 29.0727 2325.8326 5,040 3520 29.2181 2337.4618 5,065 3521 29.3642 2349.1491 5,090 3522 29.5110 2360.8949 5,116 3523 29.6586 2372.6993 5,141 3524 29.8068 2384.5628 5,167 3525 29.9559 2396.4856 5,193 3526 30.1057 2408.4681 5,219 3527 30.2562 2420.5104 5,245 3528 30.4075 2432.6130 5,271 3529 30.5595 2444.7760 5,297 3530 30.7123 2456.9999 5,324 3531 30.8659 2469.2849 5,350 3532 31.0202 2481.6313 5,377 3533 31.1753 2494.0395 5,404 3534 31.3312 2506.5097 5,431 3535 31.4878 2519.0422 5,458 3536 31.6453 2531.6374 5,485 3537 31.8035 2544.2956 5,513 3538 31.9625 2557.0171 5,540 3539 32.1223 2569.8022 5,568 3540 32.2829 2582.6512 5,596 3541 32.4444 2595.5645 5,624 3542 32.6066 2608.5423 5,652 3543 32.7696 2621.5850 5,680 3544 32.9335 2634.6929 5,709 3545 33.0981 2647.8664 5,737 3546 33.2636 2661.1057 5,766 3547 33.4299 2674.4112 5,795 3548 33.5971 2687.7833 5,824 3549 33.7651 2701.2222 5,853 3550 33.9339 2714.7283 5,882 3551 34.1036 2728.3020 5,912 3552 34.2741 2741.9435 5,941 Professional Employees Salary Table 7-1-622~1'E002 Page~,~. ~ SUPERVISORY/PROFESSIONAL EMPLOYEES SALARY TABLE Ju1¥1,2002 Hourly Bi-Week~ Monthly Adjustment Range # Rate Rate Rate 3553 34.4455 2755.6532 5,971 3554 34.6177 2769.4315 6,001 3555 34.7908 2783.2786 6,031 3556 34.9647 2797.1950 6,061 3557 35.1395 2811.1810 6,091 3558 35.3152 2825.2369 6,122 3559 35.4918 2839.3631 6,152 3560 35.6693 2853.5599 6,183 3561 35.8476 2867.8277 6,214 3562 36.0269 2882.1668 6,245 3563 36.2070 2896.5777 6,276 3564 36.3880 2911.0605 6,308 3565 36.5700 2925.6159 6,339 3566 36.7528 2940.2439 6,371 3567 36.9366 2954.9452 6,403 3568 37.1213 2969.7199 6,435 3569 37.3069 2984.5685 6,467 3570 37.4934 2999.4913 6,499 3571 37.6809 3014.4888 6,532 3572 37.8693 3029.5612 6,564 3573 38.0586 3044.7090 6,597 3574 38.2489 3059.9326 6,630 3575 38.4402 3075.2322 6,663 3576 38.6324 3090.6084 6,697 3577 38.8255 3106.0614 6,730 3578 39.0197 3121.5917 6,764 3579 39.2148 3137.1997 6,798 3580 39.4108 3152.8857 6,832 3581 39.6079 3168.6501 6,866 3582 39.8059 3184.4934 6,900 3583 .40.0049 3200.4158 6,935 3584 40.2050 3216.4179 6,969 3585 40.4060 3232.5000 7,004 3586 40.6080 3248.6625 7,039 3587 40.8111 3264.9058 7,074 3588 41.0151 3281.2304 7,110 3589 41.2202 3297.6365 7,145 3590 41.4263 3314.1247 7,181 Professional Employees Salary Table 7-1-62~1'a002 Page~:;,~/ GENERAL EMPLOYEES SALARY TABLE Julv 1 2002 Hourly Bi-~¥'eek'y Monthly Range # Rate Rate Rate Adjustment 4231 6.9130 553.0351 1,199 4232 6.9476 555.8003 1,205 4233 6.9823 558.5793 1,211 4234 7.0172 561.3722 1,217 4235 7.0523 664.1790 1,223 4236 7.0876 566.9999 1,229 4237 7.1230 569.8349 1,235 4238 7.1586 572.6841 1,241 4239 7.1944 575.5475 1,247 4240 7.2304 578.4253 1,254 4241 7.2665 581.3174 1,260 4242 7.3029 584.2240 1,266 4243 7.3394 587.1451 1,273 4244 7.3761 590.0808 1,279 4245 7.4129 593.0312 1,285 4246 7.4500 595.9964 1,292 4247 7.4873 598.9764 1,298 4248 7.5247 601.9713 1,305 4249 7.5623 604.9811 1,311 4250 7.6001 600.0050 1,318 4251 7.6381 611.0460 1,324 4252 7.6763 614.1013 1,331 4253 7.7147 617.1718 1,338 4254 7.7533 620.2576 1,344 4255 7.7920 623.3589 1,351 4256 7.8310 626.4757 1,356 4257 7.8702 629.6081 1,365 4258 7.9095 6,32.7561 1,371 4259 7.9491 635.9199 1,378 4260 7.9080 639.0995 1,385 4261 8.0287 642.2950 1,392 4262 8.0689 645.5065 1,399 4263 8.1092 648.7340 1,406 4264 8.1498 651.9777 1,413 4265 8.1905 655.2376 1,420 4266 8.2315 658.5138 1,427 4267 8.2726 661.8063 1,434 4268 8.3140 665.1154 1,442 4269 8.3556 668.4410 1,449 4270 8.3973 671.7832 1,456 4271 8.4393 675.1421 1,463 4272 8.4815 678.5178 1,471 4273 8.5239 681.9104 1,478 4274 8.5666 685.3199 1,485 4275 8.6094 688.7465 1,493 4276 8.6524 692.1903 1,500 4277 8.6957 695.6512 1,508 4278 8.7392 699.1295 1,515 4279 8.7829 702.6251 1,523 4280 8.8288 706.1382 1,530 4281 8.8709 709.6689 1,538 Salary Table 7-01-02.xls 5/28/2002 Pag~)~ GENERAL EMPLOYEES SALARY TABLE July 1, 2002 Hourly Bi-Week~ Monthly Range # Rate Rate Rate Adjustment 4282 8.9153 713.2173 1,546 4283 8.9599 716.7834 1,554 4284 9.0047 720.3673 1,561 4285 9.0497 723.9691 1,569 4286 9.0949 727.5890 1,577 4287 9.1404 731.2269 1,585 4288 9.1861 734.8830 1,593 4289 9.2320 738.5575 1,601 4290 9.2752 742.2502 1,609 4291 9.3246 745.9615 1,617 4292 9.3712 749.6913 1,625 4293 9.4181 753.4398 1,633 4294 9.4652 757.2070 1,641 4295 9.5125 760.9930 1,649 4296 9.5600 764.7980 1,658 4297 9.6078 768.6219 1,666 4298 9.6559 772.4651 1,674 4299 9.7042 776.3274 1,683 4300 9.7527 780.2090 1,591 4301 9.8014 784.1101 1,699 4302 9.8505 788.0306 1,708 4303 9.8997 791.9708 1,716 4304 9.9492 795.9306 1,725 4305 9.9990 799.9103 1,734 4306 10.0489 803.9096 1,742 4307 10.0992 807.9294 1,751 4308 10.1497 811.9690 1,760 4309 10.2004 816.0289 1,769 4310 10.2514 520.1090 1,777 4311 10.3027 824.2096 1,786 4312 10.3542 828.3306 1,795 4313 10.4060 832.4723 1,804 4314 10.4580 836.6346 1,813 4315 10.5103 840.8178 1,822 4316 10.5628 845.0219 1,831 4317 10.6157 849.2470 1,841 4318 10.6687 853.4932 1,850 4319 10.7221 857.7607 1,859 4320 10.7757 662.0495 1,~66 4321 10.8296 866.3597 1,878 4322 10.8837 870.6915 1,887 4323 10.9381 875.0450 1,897 4324 10.9928 879.4202 1,906 4325 11.0478 883.8173 1,916 4326 11.1030 888.2364 1,925 4327 11.1585 892.6776 1,935 4328 11.2143 897.1410 1,944 4329 11.2704 901.6267 1,954 4330 11.3268 906.1348 1,964 4331 11.3834 910.6655 1,974 4332 11.4403 915.2188 1,984 Emp Salary Table 7-01-02.xls 5/28/2002 Page GENERAL EMPLOYEES SALARY TABLE July 1, 2002 Hourly Bi-Week~ Monthly Range # Rate Rate Rate Adjustment 4333 11.4975 919.7949 1,994 4334 11.5550 924.3939 2,003 4335 11.6128 929.0159 2,013 4336 11.6708 933.6609 2,024 4337 11.7292 938.3292 2,034 4338 11.7878 943.0209 2,044 4339 11.8468 947.7360 2,054 4340 11.9060 952.4747 2,064 4341 11.9655 957.2370 2,075 4342 12.0254 962.0232 2,085 4343 12.0855 966.8333 2,095 4344 12.1459 971.6675 2,106 4345 12.2067 976.5258 2,116 4346 12.2677 981.4085 2,127 4347 12.3290 986.3155 2,138 4348 12.3907 991.2471 2,148 4349 12.4526 996.2033 2,159 4350 12.5149 1001.1843 2,170 4351 12.5775 1006.1903 2,181 4352 12.6404 1011.2212 2,192 4353 12.7036 1016.2773 2,203 4354 12.7671 1021.3587 2,214 4355 12.8309 1026.4655 2,225 4356 12.8951 1031.5978 2,236 4357 12.9595 1036.7558 2,247 4358 13.0243 1041.9396 2,258 4359 13.0895 1047.1493 2,270 4360 13.1549 1052.3850 2,281 4361 13.2207 1057.6470 2,292 4362 13.2868 1062.9352 2,304 4363 13.3532 1068.2499 2,315 4364 13.4200 1073.5911 2,327 4365 13.4871 1078.9591 2,338 4366 13.5545 1084.3539 2,350 4367 13.6223 1089.7757 2,362 4368 13.6904 1095.2245 2,374 4369 13.7589 1100.7007 2,386 4370 13.8277 1106.2042 2,398 4371 13.8968 1111.7352 2,410 4372 13.9663 1117.2939 2,422 4373 14.0361 1122.8603 2,434 4374 14.1063 1128.4947 2,446 4375 14.1768 1134.1372 2,458 4376 14.2477 1139.8079 2,470 4377 14.3189 1145.5069 2,483 4378 14.3905 1151.2345 2,495 4379 14.4625 1156.9906 2,508 4380 14.5348 1162.7756 2,520 Salary Table 7-01-02.xls 5/28/2002 Pag(~_.f GENERAL EMPLOYEES SALARY TABLE Julv 1, 2002 Hourly Bi-~t'eek~ Monthly Range # Rate Rate Rate Adjustment 4381 14.6075 1168.5895 2,533 4382 14.6805 1174.4324 2,545 4383 14.7539 1180.3046 2,558 4384 14.8277 1186.2061 2,571 4385 14.9018 1192.1371 2,584 4386 14.9763 1198.0978 2,597 4387 15.0512 1204.0883 2,610 4388 15.1265 1210.1087 2,623 4389 15.2021 1216.1593 2,636 4390 15.2781 1222.2401 2,649 4391 15.3545 1228.3513 2,662 4392 15.4313 1234.4930 2,676 4393 15.5084 1240.6655 2,689 4394 15.5860 1246.8688 2,702 4395 15.6639 1253.1032 2,716 4396 15.7422 1259.3687 2,729 4397 15.8209 1265.6655 2,743 4398 15.9000 1271.9939 2,757 4399 15.9795 1278.3538 2,771 4400 16.0594 1284.7456 2,784 4401 16.1397 1291.1693 2,798 4402 16.2204 1297.6252 2,812 4403 16.3015 1304.1133 2,826 4404 16.3830 1310.6339 2,841 4405 16.4650 1317.1870 2,855 4406 16.5473 1323.7730 2,869 4407 16.6300 13~0.3918 2,883 4408 16.7132 1337.0438 2,898 4409 16.7967 1343.7290 2,912 4410 16.8807 1350.4477 2,927 4411 16.9651 1357.1999 2,942 4412 17.0499 1363.9859 2,956 4413 17.1352 1370.8058 2,971 4414 17.2209 1377.6599 2,986 4415 17.3070 1384.5482 3,001 4416 17.3935 1391.4709 3,016 4417 17.4805 1398.4283 3,031 4418 17.5679 1405.4204 3,046 4419 17.6557 1412.4475 3,061 4420 17.7440 1419.5097 3,077 4421 17.8327 1426.6073 3,092 4422 17.9219 1433.7403 3,107 4423 18.0115 1440.9090 3,123 4424 18.1015 1448.1136 3,139 4425 18.1921 1455.3541 3,154 4426 18.2830 1462.6309 3,170 4427 18.3744 1469.9441 3,186 4428 18.4663 1477.2938 3,202 Salary Table 7-01-02.xls 5/28/2002 Pa,~:_:~ GENERAL EMPLOYEES SALARY TABLE Julv 1 2002 Hourly Bi-~¥'eek~ Monthly Range # Rate Rate Rate Adjustment 4429 18.5586 1484.6802 3,218 4430 18.6514 1492.1036 3,234 4431 18.7447 1499.5642 3,260 4432 18.8384 1507.0620 3,266 4433 18.9326 1514.5973 3,283 4434 19.0273 1522.1703 3,299 4435 19.1224 1529.7811 3,316 4436 19.2180 1537.4300 3,332 4437 19.3141 1545.1172 3,349 4438 19.4107 1552.8428 3,366 4439 19.5077 1560.6070 3,382 4440 19.6053 1568.4100 3,399 4441 19.7033 1576.2521 3,416 4442 19.8018 1584.1333 3,433 4443 19.9008 1592.0540 3,451 4444 20.0003 1600.0143 3,468 4445 20.1003 1608.0143 3,486 4446 20.2008 1616.0544 3,503 4447 20.3018 1624.1347 3,520 4448 20.4033 1632.2554 3,538 4449 20.5054 1640.4166 3,555 4450 20.6079 1648.6187 3,573 4451 20.7109 1656.8618 3,591 4452 20.8145 1665.1461 3,609 4453 20.9185 1673.4719 3,627 4454 21.0231 1681.8392 3,646 4455 21.1283 1690.2484 3,663 4456 21.2339 1698.6997 3,682 4457 21.3401 1707.1932 3,700 4458 21.4468 1715.7291 3,719 4459 21.5540 1724.3078 3,737 4460 21.6618 1732.9293 3,756 4461 21.7701 1741.5939 3,775 4462 21.8789 1750.3019 3,793 4463 21.9883 1759.0534 3,812 4464 22.0983 1767.8487 3,832 4465 22.2088 1776.6879 3,851 4466 22.3198 1785.5714 3,870 4467 22.4314 1794.4992 3,889 4468 22.5436 1803.4717 3,909 4469 22.6563 1812.4891 3,928 4470 22.7696 1821.5515 3,948 4471 22.8834 1830.6593 3,968 4472 22.9978 1839.8126 3,987 4473 23.1128 1849.0117 4,007 4474 23.2284 1858.2567 4,027 4475 23.3445 1867.5480 4,048 4476 23.4612 1876.8857 4,068 Salary Table 7-01-02.xls 5/28/2002 Pa~5._~ GENERAL EMPLOYEES SALARY TABLE Julv 1 2002 HourlyBi-~/'eek~Monthly Range# Rate Rate Rate Adjustment 4477 23.5785 1886.2702 4,088 4478 23,6964 1895.7015 4,109 4479 23.8149 1905.1800 4,129 4480 23.9340 1914.7059 4,150 4481 24.0537 1924.2795 4,171 4482 24.1739 1933.9008 4,191 4483 24.2948 1943.5704 4,212 4484 24.4163 1953.2882 4,233 4485 24.5384 1963.0546 4,255 4486 24.6611 1972.8699 4,276 4487 24.7844 1982.7343 4,297 4488 24.9083 1992.6479 4,319 4489 25.0328 2002.6112 4,340 4490 25.1580 2012.6242 4,362 4491 25.2838 2022.6874 4,384 4492 25.4102 2032.8008 4,406 4493 25.5372 2042.9648 4,428 4494 25.6649 2053.1796 4,450 4495 25.7933 2063.4455 4,472 4496 25.9222 2073.7627 4,495 4497 26.0518 2084.1316 4,517 4498 26.1821 2094.5522 4,540 4499 26.3130 2105.0250 4,562 4500 26.4446 2115.5501 4,585 4501 26.5768 2126.1279 4,608 4502 26.7097 2136.7585 4,631 4503 26.8432 2147.4423 4,654 4504 26.9774 2158.1795 4,678 4505 27.1123 2168.9704 4,701 4506 27.2479 2179.8152 4,724 4507 27.3841 2190.7143 4,748 4508 27.5210 2201.6679 4,772 4509 27.6587 2212.6762 4,796 4510 27.7969 2223.7396 4,820 4511 27.9359 2234.8583 4,844 4512 28.0756 2246.0326 4,868 4513 28.2160 2257.2628 4,892 4514 28.3571 2268.5491 4,917 4515 28.4989 2279.8918 4,941 4516 28.6413 2291.2913 4,966 4517 28.7846 2302.7477 4,991 4518 28.9285 2314.2615 5,016 4519 29.0731 2325.8328 5,041 4520 29.2185 2337.4620 5,066 4521 29.3646 2349.1493 5,091 4522 29.5114 2360.8950 5,117 4523 29.6590 2372.6995 5,142 4524 29.8073 2384.5630 5,168 Salary Table 7-01~02.xls 5/28/2002 Page GENERAL EMPLOYEES SALARY TABLE July 1, 2002 HourlyBi-Week~Monthly Range# Rate Rate Rate Adjustment 4525 29.9563 2396.4858 5,194 4526 30.1061 2408.4682 5,220 4527 30.2566 2420.5106 5,246 4528 30.4079 2432.6131 5,272 4529 30.5599 2444.7762 5,299 4530 30.7127 2457.0001 5,325 4531 30.8663 2469.2851 5,352 4532 31.0206 2481.6315 5,379 4533 31.1757 2494.0396 5,405 4534 31.3316 2506.5098 5,432 4535 31.4883 2519.0424 5,460 4536 31.6457 2531.6376 5,487 4537 31.8039 2544.2958 5,514 4538 31.9629 2557.0173 5,542 4539 32.1228 2569.8024 5,570 4540 32.2834 2582.6514 5,597 4541 32.4448 2595.5646 5,625 4542 32.6070 2608.5425 5,654 4543 32.7700 2621.5852 5,682 4544 32.9339 2634.6931 5,710 4545 33.0986 2647.8666 5,739 4546 33.2641 2661.1059 5,768 4547 33.4304 2674.4114 5,796 4548 33.5975 2687.7835 5,825 4549 33.7655 2701.2224 5,854 4550 33.9343 2714.7285 5,884 Salary Table 7-01-02.xls 5/28/2002 Pa~7~ MAINTENANCE EMPLOYEES SALARY TABLE Julv 1, 2002 Hourly Bi-~/~eek~ Monthly Range# Rate Rate Rate Adjustment I I, 5371 13.8966 1111.7352 2,409 5372 13.9661 1117.2938 2,421 5373 14.0359 1122.8803 2,433 5374 14.1061 1128.4947 2,445 5375 14.1766 1134.1372 2,457 5376 14.2475 1139.8079 2,470 5377 14.3188 1145.5069 2,482 5378 14.3904 1151.2344 2,494 5379 14.4623 1156.9906 2,507 5380 14.5346 1162.7756 2,519 5381 14.6073 1168.5894 2,532 5382 14.6803 1174.4324 2,545 5383 14.7537 1180.3046 2,557 5384 14.8275 1186.2061 2,570 5385 14.9016 1192.1371 2,583 5386 14.9761 1198.0978 2,596 5387 15.0510 1204.0883 2,609 5388 15.1263 1210.1087 2,622 5389 15.2019 1216.1593 2,635 5390 15.2779 1222.2401 2,648 5391 15.3543 1228.3513 2,661 5392 15.4311 1234.4930 2,675 5393 15.5082 1240.6655 . 2,688 5394 15.5858 1246.8688 2,702 5395 15.6637 1253.1032 2,715 5396 15.7420 1259.3687 2,729 5397 15.8207 1265.6655 2,742 5398 15.8998 1271.9938 2,756 5399 15.9793 1278.3538 2,770 5400 16.0592 1284.7456 2,784 5401 16.1395 1291.1693 2,797 5402 16.2202 1297.6252 2,811 5403 16.3013 1304.1133 2,826 5404 16.3828 1310.6338 2,840 5405 16.4648 1317.1870 2,854 5406 16.5471 1323.7730 2,868 5407 16.6298 1330.3918 2,882 5408 16.7130 1337.0438 2,897 5409 16.7965 1343.7290 2,911 5410 16.8805 1350.4476 2,926 5411 16.9649 1357.1999 2,941 5412 17.0497 1363.9859 2,955 5413 17.1350 1370.8058 2,970 5414 17.2207 1377.6598 2,985 5415 17.3068 1384.5481 3,000 5416 17.3933 1391.4709 3,015 5417 17.4803 1398.4282 3,030 5418 17.5677 1405.4204 3,045 Maintenance Emp Salary Table 7-01-02.xls 5/28/2002 Pa~l~ MAINTENANCE EMPLOYEES SALARY TABLE Julv 1 2002 Hourly Bi'~V~eek~ Monthly Range # Rate Rate Rate Adjustment 5419 17.6555 1412.4475 3,060 5420 17.7438 1419.5097 3,076 5421 17.8325 1426.6073 3,091 5422 17.9217 1433.7403 3,106 5423 18.0113 1440.9090 3,122 5424 18.1013 1448.1135 3,138 5425 18.1918 1455.3541 3,153 5426 18.2828 1462.6309 3,169 5427 18.3742 1469.9440 3,185 5428 18.4661 1477.2938 3,201 5429 18.5584 1484.6802 3,217 5430 18.6512 1492.1036 3,233 5431 18.7445 1499.5641 3,249 5432 18.8382 1507.0620 3,265 5433 18.9324 1514.5973 3,282 5434 19.0270 1522.1703 3,298 5435 19.1222 1529.7811 3,314 5436 19.2178 1537.4300 3,331 5437 19.3139 1545.1172 3,348 5438 19.4104 1552.8428 3,364 5439 19.5075 1560.6070 3,381 5440 19.6050 1568.4100 3,398 5441 19.7031 1576.2521 3,415 5442 19.8016 1584.1333 3,432 5443 19.9006 1592.0540 3,449 5444 20.0001 1600.0142 3,467 5445 20.1001 1808.0143 3,484 5446 20.2006 1616.0544 3,501 5447 20.3016 1624.1347 3,519 5448 20.4031 1632.2553 3,537 5449 20.5051 1640.4166 3,554 5450 20.6076 1648.6187 3,572 5451 20.7107 1656.8618 3,590 5452 20.8142 1665.1461 3,608 5453 20.9183 1673.4718 3,626 5454 21.0229 1681.8392 3,644 5455 21.1280 1690.2484 3,662 5456 21.2336 1698.6996 3,680 5457 21.3398 1707.1931 3,699 5458 21.4465 1715.7291 3,717 5459 21.5537 1724.3077 3,736 5460 21.6615 1732.9293 3,755 5461 21.7698 1741.5939 3,773 5462 21.8787 1750.3019 3,792 5463 21.9881 1759.0534 3,811 5464 22.0980 1767.8487 3,830 5465 22.2085 1776.6879 3,849 5466 22.3195 1785.5714 3,869 Maintenance Emp Salary Table 7-01-02.xls 5/28/2002 Page2 7 MAINTENANCE EMPLOYEES SALARY TABLE Julv 1, 2002 Hourly Bi-Week~ Monthly Range # Rate Rate Rate Adjustment 5467 22.4311 1794.4992 3,888 5468 22.5433 1803.4717 3,907 5469 22.6560 1812.4891 3,927 5470 22.7693 1821.5515 3,947 5471 22.8831 1830.6593 3,966 5472 22.9975 1839.8126 3,986 5473 23.1125 1849.0116 4,006 5474 23.2281 1858.2567 4,026 5475 23.3442 1867.5480 4,046 5476 23.4610 1876.8857 4,067 5477 23.5783 1886.2701 4,087 5478 23.6961 1895.7015 4,107 5479 23.8146 1905.1800 4,128 5480 23.9337 1914.7059 4,148 5481 24.0534 1924.2794 4,169 5482 24.1736 1933.9008 4,190 5483 24.2945 1943.5703 4,211 5484 24.4160 1953.2882 4,232 5485 24.5381 1963.0546 4,253 5486 24.6607 1972.8699 4,274 5487 24.7841 1982.7342 4,296 5488 24.9080 1992.6479 4,317 5489 25.0325 2002.6111 4,339 5490 25.1577 2012:6242 4,361 5491 25.2835 2022.6873 4,382 5492 25.4099 2032.8008 4,404 5493 25.5369 2042.9648 4,426 5494 25.6646 2053.1796 4,448 5495 25.7929 2063.4455 4,471 5496 25.9219 2073.7627 4,493 5497 26.0515 2084.1315 4,516 5498 26.1818 2094.5522 4,538 5499 26.3127 2105.0249 4,561 5500 26.4442 2115.5501 4,584 5501 26.5765 2126.1278 4,607 5502 26.7093 2136.7585 4,630 5503 26.8429 2147.4423 4,653 5504 26.9771 2158.1795 4,676 5505 27.1120 2168.9704 4,699 5506 27.2476 2179.8152 4,723 5507 27.3838 2190.7143 4,746 5508 27.5207 2201.6679 4,770 5509 27.6583 2212.6762 4,794 5510 27.7966 2223.7396 4,818 5511 27.9356 2234.8583 4,842 5512 28.0753 2246.0326 4,866 5513 28.2156 2257.2627 4,891 5514 28.3567 2268.5490 4,915 Maintenance Emp Salary Table 7-01-02.xls 5/28/2002 P~)e~,/ MAINTENANCE EMPLOYEES SALARY TABLE July 1, 2O02 Hourly ' Bi-W'eekry Monthly ] Range # Rate Rate Rate Adjustment J . 5515 28.4985 2279.8918 4,940 5516 28.641 o 2291.2913 4,964 5517 28.7842 2302.7477 4,989 5518 28.9281 2314.2614 5,Ol 4 5519 29.o728 2325.8328 5,039 5520 29.2181 2337.4619 5,064 Maintenance Emp Salary Table 7-01-02.xls 5/28/2002 Page~ TH E CITY OF I~ANCHO CIJCAHONGA StnffRepo DATE: June 20, 2002 TO: Mayor and Members of the City Council Jack Lam, City Manager FROM: Tamara L Layne, Finance Officer SUBJECT: ADOPTION OF FISCAL YEAR 2002/03 BUDGET AND ARTICLE XIIIB APPROPRIATIONS LIMIT RECOMMENDATION 1. Council approve the attached resolution authorizing the fiscal year 2002/03 budget. 2. Council approve the attached resolution adopting the Article XIIIB Appropriations Limit for fiscal year 2002/03. BACKGROUND 1. The City of Rancho Cucamonga has proposed a one year program of service with the 2002/03 fiscal year budget. The attached resolution adopts that one year budget and reflects any changes recommended and approved by Council at the publicly held budget study session. FISCAL YEAR 2002/03 BUDGET General Fund $ 43,957,590 Library Services $ 1,891,680 Capital Improvement Program $ 66,446,450 Special Funds $ 28,271,140 Total $140.566.860 2. The State of California Constitution, Article XIIIB, requires that an appropriations limit be established annually by the City Council. The factor used to develop the appropriations limit is the C.P.I. change and the change in the City's population. The additional attached resolution adopts the annual appropriations limit as required by Article XIIIB of the State Constitution. Based on the factors of the Gann Limit (a C.P.I. change of-1.27% and a population change of 4.8%), the City's fiscal year 2002/03 appropriations limit is $37,103,648. The City's fiscal year 2002/03 appropriations subject to this limit total $29,653,660. It is anticipated that the City will be at 79.92% of its Gann Limit at June 30, 2003. Respectfully submitted, Tamara L. Layne Finance Officer Attachments hlfinance~budget2OO3~City Council staff reportslCity budget adoption 2002-03. doc .o. RESOLUTION Of THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ADOPTING THE CITY'S FISCAL YEAR 2002103 BUDGET WHEREAS, the Rancho Cucamonga City Council held a workshop to review the appropriation requests for the fiscal year 2002/03 on June 6, 2002, and; WHEREAS, the Rancho Cucamonga City Council held a public hearing on the General City Budget, and; WHEREAS, this public hearing was published in a newspaper of general circulation and held on June 20, 2002; NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California does hereby resolve on this 20th day of June 2002, as follows: SECTION l: ADOPTION OF FISCAL YEAR 2002~03 BUDGET. The City of Rancho Cucamonga budget for the fiscal year 2002/03, on file in the office of the Finance Officer, is hereby adopted in the amount of $140,566,860. This budget total includes appropriations for both the general and other special purpose funds. SECTION 2: TRANSFERS OF FUNDS BETWEEN AND / OR WITHIN APPROPRIATIONS. The City Council of the City of Rancho Cucamonga may transfer funds between funds or activities set forth in the budget. The City Manager may transfers funds between appropriations within any fund as set forth in the budget and may transfer appropriations between activities within any cost center in the same fund. SECTION 3: TRANSFERS OF FUNDS BETWEEN FUND-% 'r'ransfers of funds between funds as shown throughout the fund transfer sections of the budget shall be made as expenditures warrant such transfers. SECTION 4: DISBURSEMENTS. The City Manager and the Finance Officer, or the duly designated representative, are hereby empowered and authorized to disburse funds pursuant to appropriations provided for in the fiscal year 2002/03 budget, and have the responsibility to establish procedures and to administratively implement and control the budget on all matters, except direct expenditures by Councilmembers which require Council approval. Resolution No. 02- Page 2 SECTION 5: ADDITIONAL APPROPRIATIONR, The City Council may amend this temporary budget to add or delete appropriations. PASSED, APPROVED, AND ADOPTED this 20th day of June 2002. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at an adjourned meeting of said City Council held on the 20th day of June 2002. Executed this __ day of June 2002, at Rancho Cucamonga, California. Debra J. Adams, City Clerk i:Vinancetbudget2OO3~City Council staff repo/lsVeaolution-City budget 2002-03.doc RESOLUTION NO. 02-/~. RESOLUTION OF THE CITY COUNCIL Of THE CITY Of RANCHO CUCAMONGA, CALIFORNIA ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA STATE CONSTITUTION FOR FISCAL YEAR 2002/03 WHEREAS, Article XIIIB of the State of California provides that the total annual appropriations subject to limitation of the State and of each local government shall not exceed the appropriations limit of such entity of government for the prior year adjusted for changes in the cost of living and population except as otherwise provided in said Article XIIIB, and; WHEREAS, pursuant to said Article XlIIB of the Constitution of the State of California, the City Council of the City of Rancho Cucamonga deems it to be in the best interests of the City of Rancho Cucamonga to establish an appropriations limit for fiscal year 2002/03, and; WHEREAS, the Finance Officer of the City of Rancho Cucamonga has determined that said appropriations limit for the fiscal year 2002~03 be established in the amount of $37,103,648. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California does hereby resolve that an appropriations limit for the fiscal year 2002/03 pursuant to Article XIIIB of the Constitution of the State of California be established in the amount of $37,103,648 and the same is hereby established. BE IT FURTHER RESOLVED that said appropriations limit herein established may be changed as deemed necessary by resolution of the City Council. PASSED, APPROVED, AND ADOPTED this 20th day of June 2002. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor Resolution 02- Page 2 ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at an adjourned meeting of said City Council held on the 20th day of June 2002. Executed this day of June 2002, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk i:Vinancetbudget2OO3[City Council staff reports~Resolution-City Appropriations Limit 2002-03. doc T H E C I T Y 0 F DANCIIO C I. JCADI 0 NCA StaffRepor DATE: June 20, 2002 TO: Mayor and Members of the City Council Jack Lam, City Manager FROM: Lawrence I. Temple, Administrative Services Director SUBJECT: Approval of (1) Resolution of Intention to Amend Contract with the California Public Employees Retirement System to Provide Section 21354.4 (2.5%@55 Full Formula) and, (2) Establish the PARS Retirement System Plan to be Administered by PHASE II Systems, PARS Trust Administrator for Eligible City employees. Recommendation It is recommended the City Council (1) approve the Resolution of Intention to amend our contract with the California Public Employees Retirement System (CalPERS) to provide Section 21354.4 (2.5%@55 Full Formula) and, (2) establish the PARS Retirement System Plan to be administered by PHASE II Systems, PARS Trust Administrator, for all eligible city employees. Backqround The term of the current MOU is July 1, 2000 to June 30, 2003. The City and District bargaining units have agreed to modify the existing contract after re-opener meet and confer discussions. Based upon new legislation, the parties agree to a new retirement formula, not previously available for non-safety members, under CalPERS and a supplemental PARS retirement. The City contracted the services of an enrolled actuary to determine the future annual cost of providing this benefit. See attached trust agreement and actuarials for future annual costs. Respectfully Submitted, Lawrence I. Temple, Administrative Services Director RESOLUTION NO. ~__.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA 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 21354.4 (2.5% @ 55 Full Formula) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California that said City Council 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. Passed, Approved and Adopted this 20~h day of June, 2002. AYES: NOES: ABSENT: William J. Alexander Mayor Passed, Approved and Adopted this 20~ day of June, 2002. AYES: NOES: ABSENT: William J. AlexaRder Mayor ATTEST: Debra J. Adams City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia (Jo hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California at a special meeting of said City Council held on the 20th day of June 2002. Executed this 20th day of June, 2002 in Rancho Cucamonga, California Debra J. Adams City Clerk CalPERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Rancho Cucamonga 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 January 28, 1978, and witnessed January 26, 1978, and as amended effective September 22, 1980, November 16, 1981, September 26, 1988, April 5, 1996 and November 2, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs I through 11 are hereby stricken from said contract as executed effective November 2, 2000, and hereby replaced by the following paragraphs numbered 1 through 11 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. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 28, 1978 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. 4 PLEASE DO NOT SIGN "EXHIB/i 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. 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. SAFETY EMPLOYEES. 5. 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 21354.4 of said Retirement Law (2.5% at age 55 Full). [Note that a future legislative proposal is being considered which could amend Government Code Section 21354.4 to make the 2.5% at 55 benefit formula applicable to both active members and inactive members who have not yet retired. If enacted, this amendment could have an effect on your agency's actuarial valuation and employer contribution rates in future years.] 6. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation). b. Section 21024 (Military Service Credit as Public Service.), Statutes of 1976. c. Section 21151 (Industrial Disability Retirement For Local Miscellaneous Members). d. Section 21427 (Improved No_nindustrial Disability Allowance). e. Section 21574 (Fourth Level of 1959 Survivor Benefits). f. Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate). From September 22, 1980 and until November 16, 1981, the normal local miscellaneous member contribution rate shall be 0%. Legislation repealed said Section effective September 29, 1980. '" PLEASE DO NOT SIGN "EXHIBIT ONLY" g. Section 20690, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978). 7. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834. 8. 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 of said Retirement System. 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 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 miscellaneous 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 affects 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. 10. 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. 11. 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 __ day of BOARD OF ADMINISTRATION C~I~'i;Y COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM ,..~Y OF RANCHO CUCAMONGA BY ,..~,~v BY KENNETH W. MARZION, CHIEF . ·"~· "~-'- PR~CE--~~'~- ACTUARIAL & EMPLOYER SERVI.(~ DIVISION .~' ~:"~" .~"~:'" PUBL,C EMPLOYEES' RET,RE, r 'f SYSTEM Witn Clerk AMENDMENT PERS-CON-702A (Rev. 8\96} CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: JUNE 30, 2000 MISCELLANEOUS PLAN FOR THE CITY OF RANCHO CUCAMONGA EMPLOYER NUMBER 1172 Benefit Description: Section 21354.4, 2.5% ~ 55 Full Formula (Includes All Non-Retired Local Miscellaneous Members) New CalPERS' Board Resolution Concerning Value of Assets On June 20, 2001, the CalPERS' Board adopted a new resolution conceming the value of assets to be used in determining the employer contribution rate due to benefit increases for amendments to public agency contracts. This new resolution applies to all contract amendments based upon the June 30, 2000 June 30, 2002. This new resolution provides an increase in the actuarial value of assets in the amount of two times the increase in the Present Value of Benefits. Under the new resolution, the employer has the option of taking no increase in thc actuarial value of assets and all owin§ the regular asset smoothing method to operate as it normally would. In addition, the employer may limit the actuarial value of assets used for rate setting purposes to 100% of market value if normal application of the resolution would otberwise exceed this limit. Under no circumstances will an actuarial value of assets in excess of 110% of market value be utilized. Further, the new r~sohition will apply to agencies whether or not they utilized the 95% asset value offered in the pre~ious resolution. The available rate choices are offered under three different Alternatives: · Alternative 1 - No increase in Actuarial Value of Assets · Alternative 2 - Actuarial Value of Assets increased by twice the increase in the Present Value of Benefits due to the amendment, limited to 100% of Market Value of Assets · Alternative 3 - Actuarial Value of Assets increased by twice the increase in the Present Value of Benefits due to the amendment, limited to 110% of Market Value of Assets The employer should carefully consider its choices in choosing its new rate under the options made available by the new resolution. The recent stock market volatility and the choices created under this newboard resolution can complicate your plan's future financial position. For many plans at CalPERS, the financial soundness of the plan will not be jeopardized regardless of the choice made by the employer. However, it is possible that, for some plans, some choices under the resolution would represent poor financial decisions. You are strongly encouraged to have in-depth discussions with your CalPERS actuary about the financial consequences of any amendment. Present Value of Projected Benefits The table below shows the change in the total present value of benefits for the proposed plan amendment. The present value of benefits represents the total dollars needed today to fund all future benefits for current members of the plan, i.e. without regard to future employees. The difference between this amount and current plan assets must be paid by future employee and employer contributions. As such, the change in the present value of benefits due to the plan amendment represents the "cost" of the plan amendment. However, for plans with excess assets some or all of this "cost" may already be covered by current excess assets. In this analysis, the increase in the present value of benefits due to the amendment is $7,263,183. Two times this increase is $14,526,366, or 26.9% of market value of assets. Therefore, under alternative 2, the actuarial value of assets will be increased to 100.0% of the market value of assets. Under alternative 3, the actuarial value of assets will be increased to 110.0% oftbe market value of assets. January 8, 2002 Page I of 7 3:09 PM CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: JUNE 30, 2000 MISCELLANEOUS PLAN FOR THE CITY OF RANCHO CUCAMONGA EMPLOYER NUMBER 1172 Benefit Description: Section 21354.4, 2.5% ~ 55 Full Formula (Includes Ail Non-Retired Local Miscellaneous Members) As of June 30, 2000 Current Plan Post-Amendment Post-Amendment Post-Amendment Alternative 1 Alternative 2 ' Alternative 3 (MVA) Actuarial Value of Assets (AVA) 51,313,926 51,313,926 53,958,085 59,353,894 increase in AVA 0 2,644,159 8,039,968 AVA / MVA 95.1% 95.1% 100.0% 110.0% Present Value of Projected $ 54,994,831 $ 62,258,014 $ 62,258,014 $ 62,258,014 Benefits (PVB) Actuarial Value of Assets (AVA) 51.313.926 51,313,926 53.958.085 59.353.894 Present Value of Future Employer and Employee Contributions $ 3,680,905 $ 10,944,088 $ 8,299,929 $ 2,904,120 (PVB - AVA) Change to PVB 7,263,183 7,263,183 7,263,183 Accrued Liability It is not required, nor necessarily desirable, to have accumulated assets sufficient to cover thc total present value of benefits until every member has left employment. Instead, the actuarial funding process calculates a regular contribution schedule of employee contributions and employer contributions (called normal costs) which are designed to accumulate with interest to equal the total present value of benefits by the time every member has left employment. As of each June 30, the actuary calculates the "desirable" level of plan assets as of that point in time by subtracting the present value of scheduled future employee contributions and future employer normal costs from.the total present.value ofbenefita. The resulting "desirable" level of assets is called the accrued liability. A plan with assets exactly equal to the plan's accrued liability is simply "on schedule" in funding that plan, and only future employee contributions and future employer normal costs are needed. A plan with assets below the accrued liability is "behind schedule", or is said to have an unfunded liabilio~, and must t~mporarily increase contributions to get back on schedule. A plan with assets in excess of the plan's accrued liability is "ahead of schedule", or is said to have excess assets, and can temporarily reduce future contributions. A plan with assets in excess of the total present value of benefits is called super-funded, and neither future employer nor employee contributions are required. Of course, events such as plan amendments and investment or demographic gains or losses ct/n change a plan's condition from year to year. For example, a plan amendment could cause a plan to move all the way from being super-funded to being in an unfunded position. The changes in your plan's accrued liability, unfunded accrued liability, and the funded ratio as of June 30, 2000 due to the plan amendment are shown in the table below. January 8, 2002 Page 2 of 7 CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: JUNE 30, 2000 MISCELLANEOUS PLAN FOR THE CITY OF RANCHO CUCAMONGA EMPLOYER NUMBER 1172 Benefit Description: Section 21354.4, 2.5% ~ 55 Full Formula (Includes All Non-Retired Local Miscellaneous Members) As of June 30, 2000 Current Plan Post-Amendment Post-Amendment Post-Amendment Alternative 1 Alternative 2 Alternative 3 Entry Age Normal Accrued $ 34,844,606 $ 39,508,810 $ 39,508,810 $ 39,508,810 Liability (AL) Actuarial Value of Assets (AVA) 51.313,926 51,313,926 53.958.085 59.353.894 Unfunded Liability/(Excess $ (16,469,320) $ (11,805,116) $ (14,4~9~:75) $ (19,845,084) Assets) (UAL = AL- AVA) Funded Ratio (AVA / AL) 147.3% 129.9% 136.6% 150.2% Change to AL 4,664,204 4,664,204 4,664,204 Change to UAL 4,664,204 2,020,045 (3,375,764) Total Employer Contribution Rate While the tables above give the changes in the "cost" and funded status of the plan due to the amendment, there remains the question of what will happen to the employer contribution rate because of the change in plan provisions. CalPERS policy is to implement rate changes due to plan amendments immediately on the effective date of the change in plan benefits. In general, the policy also provides that the change in unfunded liability due to the plan amendment will be separately amortized over a period of 20 years from the effective date of the amendment and all other components of the plan's unfunded liability/excess assets will continue to be amortized separately. However, your actuary may choose to apply different roles to plans with a current employer contribution rate of zero. The pre-amendment excess assets in these plans were sufficient to cover the employers normal cost for one or more years into the future. A plan amendment will use up some or all of the pre- amendment excess assets. In order to maintain our goal of providing rates thfit are relatively stable, while taking into account known or expected future events, your actuary may decide to spread any, remaining excess assets over a single number of years. This is known as a "fresh start" and will generally be for a period not less than 10 years. If the amendment uses up all excess assets and creates an unfunded liability (i.e. fi-om being ahead of schedule to behind schedule), the total post-amendment unfunded liability may be amortized over 20 years. In no case may the armual contribution with regard to a positive unfunded liability be less than the amount which would be required to amorhze that unfunded liability, as a level percent of pay, over 30 years. One aspect &the Board's June 20, 2001 Resolution is that, generally, if an agency elects an alternative which increases the actuarial value of assets (alternative 2 or 3), the result will be a lower short-term conMbution and a higher longer-term contribution. To illustrate this we have estimated wlmt the impact might be when the June 30, 2001 valuation is prepared. Please be aware this estimate assumes there are no changes to actuarial assumptions or methods, there are no actuarial gains or losses, and there are no plan changes such as work force changes and employer paid member contributions converted to pay. However, we have taken into account CalPERS' June 30, 2001 year-end market value rate of return, -7.2%. The actual employer rate from July 1, 2003 to June 30, 2004 will be set by the June 30, 2001 annual valuation and will likely deviate from this estimate. January 8, 2002 Page 3 of 7 ~'~'~ 3:09 PM CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: JUNE 30, 2000 MISCELLANEOUS PLAN FOR THE CITY OF RANCHO CUCAMONGA EMPLOYER NUMBER 1172 Benefit Description: Section 21354.4, 2.5% ~ 55 Full Formula (Includes All Non-Retired Local Miscellaneous Members) The table below shows the change in your plan's employer contribution rate due to the plan amendment. As of June 30, 2000 Current Plan Post-Amendment Post-Amendment Post-Amendment Alternative 1 Alternative 2 Alternative 3 -- 2~n~2_2003 Payment for Normal Cost 7.003 % 8.261% 8.261% 8.26 I Payment on Amortization Bases -7.003% -8.122% -8.261% -8.261 Payment for 1959 Survivor 0.000% 0.000% 0.000% 0.000% Benefit Program Total Employer Rate 0.000% 0.139% 0.000% 0.000% . Change to Normal Cost 1.258% 1.258% 1.258% Change to Total Employer Rate 0.139% 0.000% 0.000% Current Amortization Base ~ 23-year Amendment Amortization Base - Fresh Start a 10-year 13-year 24-year - Multiple Base 3 N/A N/A N/A 2003-2004 Estimated Employer Rate 4 0.0% 1.4% 2.3% 6.5% (recognizing-7.2% investment return for 2000-2001) Projection ~Amortization Base 17-year Multiple Base Multiple Base Multiple Base 1 - Details of the current amortization base a~e shown on page 7 of June 30, 2000 annual valuation r~port. If you have adopted any other subsequent amendments, the current amortization base is thc schedule after these adopted amendments. 2 - If a fixed number of yea~ is shown, it means that the current unfunded actuarial liability is projected and amortized over this fixed number of year~. This amortization replaces the amortization schedule shown in your June 30, 2000 annual valuation and any other subsequent amendments you have adopted. 3 - If 20-year is shown, it means that changes in liability due to plan amendments and changes in actuarial value of assets are arnortized separately over a 20-yoar period. This amortization ~chedulc is in addition to the amortizaton schedule shown in the June 30, 2000 annual valuation and any other subsequent amendments you have adopted. 4 - Excludes 1959 Survivor Benefit Program rate. In the above table, the information shown in the 2002-2003 box represents the actual initial cun~bution rate that will apply during fiscal 2002-2003 if you adopt the amendment by June 30, 2002. However, these figures do not incorporate the -7.2% investment return in 2000-2001. The estimated employer rates shown in the 2003-2004 box do take the negative return into consideration and will give you a better estimate of what to expect in 2003-2004. Note that the change in normal cost in the table above may be much more indicative of the long term change in the employer contribution rate due to the plan amendment. The plan's unfunded liability/excess asset cost shown in the table above is a temporary adjustment to the employer contribution to "get the plan back on schedule". This temporary adjustment to the employer rate varies in duration from plan to plan. For example, a plan with initial excess assets being amortized over a short period of time will typically experience a large rate increase when excess assets are fully amortized. While a plan amendment for such a plan may produce little or no increase in the employer contribution rate now, the change in normal cost due to the plan amendment will become fully reflected in the employer contribution rate as soon as initial excess assets are fully amortized. January 8, 2002 Pa~,e 4 of 7 CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIs: JUNE 30, 2000 MISCELLANEOUS PLAN FOR THE CITY OF RANCHO CUCAMONGA EMPLOYER NUMBER 1172 Benefit Description: Section 21354.4, 2.5% ~ 55 Full Formula (Includes All Non-Retired Local Miscellaneous Members) Disclosure If your agency is requesting cost information for two or more benefit changes, the cost of adopting more than one of these changes may not be obtained by adding the individual costs. Instead, a separate valuation must be done to provide a cost analysis for the combination of benefit changes. If the proposed plan amendment applic~ to only ~umc amendment still applies to thc entire plan, and is still based on the total plan payroll. Any mandated benefit improvements not included in the June 30, 2000 annual valuation (such as the change to thc 90% cap for safety plans) have not been incorporated into this cost analysis. Please note that the cost analysis provided in this document may not be relied upon once the CalPERS actuarial staff have completed the next annual valuation, that is, the annual valuation as of June 30, 2001. If you have not taken action to amend your contract, and we have already mailed the June 30~ 2001 annual valuation report, you must contact our office for an updated cost analysis, based on the new annual valuation. Descriptions of thc actuarial methodologies, actuarial assumptions, and plan benefit provisions may be found in the appendices of thc June 30, 2000 annual report. Please note that the results shown here are subject to change if any of the data or plan provisions change from what was used in this study. Certification This actuarial valuation for the proposed plan amendment is based on the participant, benefits, and asset data used in the June 30, 2000 annual valuation, with the benefits modified if necessary to reflect what is currently provided under your contract with CalPERS, and further modified to reflect thc proposed plan amendment. The valuation has been performed in accordance with standards of practice prescribed by thc Actuarial Standards Board, and the assumptions and methods are internally consistent and reasonable for this plan, as prescribed by the CalPERS Board of Administration according to provisions set forth in the California Public Employees' Retirement Law. The valuation has been preparcd in accordance with generally accepted actuarial practice except that, under a CalPERS Board resolution, an increased actuarial value of assets may be substituted for the actuarial value of assets that would have been produced by the current and generally accepted actuarial asset smoothing method described in the annual report. If your agency elects not to increase the actuarial value of assets permitted by the Board resolution, then no exception exists. Gale D. Patrick, F.S.A., M.A.A.A. Enrolled Actuary Senior Pension Actuary, CalPERS Fin Process Ids: Annual-71597 Base-80866 Altl-80867 Alt2-80868 Alt3-80869 ~'~ January 8, 2002 Page 5 o:[7 3:09 PM CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: JUNE 30, 2000 ' ' MISCELLANEOUS PLAN FOR THE CITY OF RANCHO CUCAMONGA EMPLOYER NUMBER 1172 Benefit Description: Section 21354.4, 2.5% 1~ 55 Full Formula (Includes All Non-Retired Local Miscellaneous Members) Summary of Plan Amendments Valued COVERAGE GROUP 70001 Pre-Amendment · The Service Retirement benefit calculated for service earned by this group of members is a monthly allowance equ~l to the product of the 2% ~ 55 benefit factor, years of service, ' and final compensation. (Final compensation is reduced by $133.33 per month for members with a modified formula). The benefit factors for retirement at integral ages are shown below: Retirement 2% at' 55 Retirement 2% at 55 Acle Factor Agle Factor 50 1.426% 57 2.104% 51 1.522% 58 2.156% 52 1.628% 59 2.210% 53 1.742% 60 2.262% 54 1.866% 61 2.314% " 55 2.000% 62 2.366% 56 2.052% 63 and older 2.418% · This group of members is required to contribute 7% of reportable earnings. 13Members with a modified formula contribute 7% of reportable earnings in excess of $133.33 per month). · Post-Amendment · The Service Retirement benefit calculated for service earned by this group of members (including all non-retired members) is a monthly allowance equal to the product of the 2.5% ~ 55 benefit factor, years of service, and final compensation. (Final compensation is reduced by $133.33 per month for members with a modified formula). The benefit factors for retirement at integral ages are shown below: Retirement 2.5% at 55 ACle _Factor 50 2,000% 51 2.100% 52 2.200% 53 2,300% 54 2.400% 55 and older 2.500% · This group of members is required to contribute 8% of reportable earnings. (Members with a modified formula contribute 8% of reportable earnings in excess of $133.33 per month). January 8, 2002 Page 6 of 7 CONTRACT AMENDMENT COST ANALYSIS - VALUATION BASIS: JUNE 30, 2000 MISCELLANEOUS PLAN FOR THE CITY OF RANCHO CUCAMONGA EMPLOYER NUMBER 1172 Benefit Description: Section 21354.4, 2.5% ~ 55 Full Formula (Includes All Non-Retired Local Miscellaneous Members) Probability of Retirement for New Miscellaneous Benefit Formulas The introduction of the three new miscellaneous formulas will affect future retirement behavior. As a result, we developed 3 sets &probability of retirements to reflect the estimated changes in retirement ~,atte~,i. At th~a°ir~t, we car~et4~3~the~-xact impact the new form~!~s will have A~fyp.4i~_- experience studies in the future, we will modify our retirement assumptions accordingly. The table below contains the new probability of retirement. 2.5% ~: 55 2.7% ~ ! 55 3% ~ 60 Retirement Age Male Female Male Female Male Female 50 5% 7% 5% 7% 5% 7% 51 2% 5% 2% 5% 2% 5% 52 3% 5% 3% 5% 3% 5% 53 3% 5% 3% 6% 3% 5% 54 4% 5% 4% 6% 4% 5% 55 8% 9% 9% 10% 8% 9% 56 6% 7% 7% 8% 7% 8% 57 7% 6% 8% 7% 8% 7% 58 8% 10% 8% 10% 9% 11% 59 9% 9% 10% 9% 11% 10% 60 16% 12% 17% 13% 19% 15% 61 15% 10% 16% 11% 17% 12% 62 26% 21% 28% 23% 31% . 25% 63 22% 18% 23% 20% 26% 22% 64 15% 13% 16% 14% 18% 16% 65 25% 25% 27% 27% 30% 30% 66 14% 15% 15% 16% 17% 18% 67 12% 14% 13% 16% 14% 17% 68 12% 11% 13% 12% 15% 13% 69 9% 13% 10% 14% 11% 15% 70 100% 100% 100% 100% 100% 100% January 8, 2002 Page 7 of 7 CITY OF RANCHO CUCAMONGA SUMMARY OF ACTUARIAL VALUATION PROVIDED BY CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM JUNE 20, 2002 · Change in Present Value of Benefits $7,263,183 · Increase in Actuarial Value of Assets $ -0- · Change in Unfunded Accrued Liability $4,664,204 · Change in the Total Employer Rate 0.139% Summmy of Actuarial Valuation CITY OF RANCHO CUCAMONGA MISCELLANEOUS EMPLOYEES SUPPLEMENTAL PLAN Actuarial Study JOHN E. BARTEL, Aon Consulting ~v ~0~ 2002 AGENDA .,Topic Page Benefit Summary 1 Actuarial Assumptions 3 Actuarial Methods 7 Demographic Information 9 Valuation Results 11 o:kllent~kity of rancho cucamonga~aes\l- 1-02 v'~results m~c 02-05-30 final.doc BENEFIT SUMMARY · Eligibility · Miscellaneous employees · Retire directly from the Ci.ty - Age 56 with 10 years service · Benefit · Executive Management and City Council - Including car allowance in pensionable earnings · 3% @ 60 @ 10 years service, offset by 2.5% @ 55 benefit using same service Net Benefits for 3% @ 60 Age 3%@60 2.5%@55 Net 56 2.600 2.500 0.100 57 2.700 2.500 0.200 58 2.800 2.500 0.300 59 2.900 2.500 0.400 60+ 3.000 2.500 0.500 BENEFIT SUMMARY · Cost of Living Increases · Benefits adjusted same as CalPERS (2% COLA) · Death Benefit · None · Disability Benefit · None, unless eligible to service retire ACTUARIAL ASSUMPTIONS Assumption Supplemental Plan · Interest rate: 7.5% +1.0% · Salary increases: Service Ann. Incr. · Individual 0- 214.20% 3- 76.36 8-294.80 30+ 3.75 · Aggregate payroll 3.75% · General inflation 3.50% ACTUARIAL ASSUMPTIONS Assumption CalPERS Supplemental Plan · Service retirement (3% @ 60) A__gg Rate Age Rate A_~gg Rate A_gg Rate 50 5% 61 17% 50 0 % 61 17% 51 2 62 3151 0 62 31 52 3 63 2652 0 63 26 53 3 64 1853 0 64 18 54 4 65 3054 0 65 30 55 8 66 1755 0 66 17 56 7 67 1456 32 67 14 57 8 68 1557 8 68 15 58 9 69 1158 9 69 11 59 '11 70 100 59 11 70 100 60 19 60 19 Average retirement age Average retirement age 59.6 60.1 ACTUARIAL ASSUMPTIONS Assumption CalPERS Supplemental Plan · Termination (including with and First 5 Year Same without refund and disability) Svc Rate Svc Rate 0-1 6.4% 3-4 6.3~ 1-2 11.5 4-5 5.1 2-3 7.9 After 5 Years A~ Rate A_~ Rate 20 6.0% 45 0.8°~ 25 3.9 50 0.7 30 2.5 55 0.6 35 1.6 60 0.6 40 1.1 · Mortality rates CalPERS' 1988-1992 Same Experience Study PRESENT VALUE OF BENEFITS (ACTUARIAL LIABILITY) Future Costs Current Not'mM Cost ACTUARIAL METHODS · PVB - Projected Value of all Benefits: · Discounted value, at measurement (valuation date - 1/1/02), of all future expected benefit payments · Expected benefit payments based on various (actuarial) assumptions · AL - Actuarial Liability: · Discounted value, at measurement (valuation date - 1/1/02), of benefits earned through measurement ~ Service @ measurement ~ Salary, inflation, etc. projected same as PVB calculation · Portion of PVB "earned" at measurement · Normal Cost: · Discounted value, at measurement (valuation date - 1/1/02), of benefits earned during coming year ~ Service during year ~ Salary, inflation, etc. projected same as PVPB calculation · Portion of PVPB "earned" during year ACTUARIAL METHODS Method Comments · Cost Method · Entry Age Normal · Acceptable under GASB 27 · Same as CalPERS ~ · Annual Required · 20 & 30 year amortization of unfunded actuarial liability Contribution · Level percentage of pay · Acceptable under GASB 27 · Same as CalPERS ,non DEMOGRAPHIC INFORMATION MISC CCL FPD Total · Actives 320 5 14 339 · Average: · Age 42.7 55.6 42.5 42.9 · Service 8.9 7.1 7.1 8.8 · Pay 49,982 15,798 49,000 49,437 · Aggregate Payroll 15,994,00079,000 686,00016,759,000 DEMOGRAPHIC INFORMATION Service Age 0-4 5-9 10-14 15-19 20-?A 25-29 30-34 Total 15-24 Coum 13 13 Average Salar] 33,632 33,632 25-29 Coun~ 28 28 Average Salar~ 37,362 37,68( 37,384 30-34 Coun~ 24 4 34 Average 5alar3 42,72~ 39,00~ 42,792 '42,078 35-39 Coun~ 24 19 .2 54 Average Salaq 47,94~ 43,477 48,21G 61,464 47,796 40-44 Countl 1~ 9 26 9 1 63 Average Salary 44,034 38,027 52,407 63,805 32,772 ' 49,277 45-49 Count lC~ 11 17 7 4 5~ Average Salary 50,59.~ 48,622 48,72~ 71,710 53,568 59,32~ 52,543 50-54 Count ], 3 1~ 10 11 47 Ave~-age .galary 37.346 93,444 53.271 62.639 71.905 59,81~ 55-59 Count 4 4 1'~ 5 2 3~ Average Salary 72,678 57,765 52,692 56,71~3 69,624 57,51( 60-64 Count 4 2 1 *~ Average Salar~ 38,413 46.464 92.496 48.440 65-69 Count 1 1 2 Average Salar~ 15,438 52,896 34,167 70+ Counl Average ~lar) Total Counl 136 44 104 3~ 19 1 339 A~,~e SalaO 43.429 47.481 50.315 62.91~ 66.829 59.328 49.437 VALUATION RESULTS · Present Value of Benefits $7,737,000 · Actuarial Liability 4,663,000 · $ Contribution (20-year amortization) · Normal Cost $ 315,000 · Amortization 320,000. · Total 635,000 · Contribution Rate (20-year amortization) · Normal Cost 1.9% · Amortization 1.9 · Total 3.8 VALUATION RESULTS · $ Contribution (30-year amortization) · Normal Cost $ 315,000 '· Amortization 248,000 · Total 563,000 · Contribution Rate (30-year amortization)' · Normal Cost 1.9% · Amortization 1.5 · Total 3.4 · Interest Rate Sensitivity (20-year amortization) · +1.0% (0.5)% · - 1.0% O.7 ACTUARIAL CERTIFICATION We prepared a June 30, 2002 actuarial study for the City of Rancho Cucamonga PARS Retirement Enhancement Plan. The employee data and financial information used in this study were not audited by us. On the basis of our review of the data, we believe that the information is sufficiently complete and reliable, and that it is appropriate for the purposes intended. In my opinion, each assumption used in this valuation is reasonable taking into account the Plan's experience. The methods employed in this valuation are consistent with generally accepted actuarial principles and practices. Therefore, the information as presented in this Study fully and fairly discloses the actuarial position of the Plan. John E. Bartel, ASA, MAAA, EA Vice President PUBLIC AGENCY R~=TiREIVIENT 'SYSTEM (PARS) TRUST AGREEMENT PREAMBLE The Huntington Beach City School District and State Center Community College District. formed and adopted the Public Agency Retirement System Trust ("PARS Trust") on July 1,1991 ("Effective Date"). Subsequent to the Effective Date other California public agencies adopted the PARS Trust as the funding vehicle for tax qualified retirement plans for employees. Subsequent to the Effective Date the PARS Trust was amended. Effective as of July 1, 1999 ("Amended Effective Date") the PARS Trust was amended and restated in its entirety as contained herein. This amended and restated Trust shall supersede all prior versions of the PARS Trust as of the Amended Effective Date. TABLE OF CONTENTS ARTICLE PAGE ARTICLE I DEFINITIONS 3 ARTICLE II THE PARS TRUST PROGRAM 4 ARTICLE III ADMINISTRATIVE MATTERS 7 ARTICLE IV THE TRUSTEE t2 ARTICLE V INVESTMENTS 18 ARTICLE VI FIDUCIARY RESPONSIBILITIES 25 · ARTICLE VII AMENDMENT, TERMINATION AND MERGER 28 ARTICLE VIII MISCELLANEOUS PROVISIONS 30 ARTICLE IX ACKNOWLEDGMENT AND ACCEPTANCE 32 2567_12 PEL Article I DEFINITIONS 1.1 "Acf' shall mean California Government Code Sections 53215 - 5~224, or their successor sections. 1.2 UAgreement for Administrative Services" shall mean the agreement executed between the Member Agency and the Trust Administrator which authorizes the Trust Administrator to perform specific duties of administering the Member Agency Plan and related Agency Trust. "Amended Effective Date" shall mean July 1, 1999, the date the PARS Trust Agreement was amended and restated in its entirety. 1.4 "Assets" shall mean all contributions and transfers of assets received by an Agency Trust on behalf of a Member Agency's Plan, together with the income and earnings from such contributions and transfers and any increments accruing to them. 1.5 'Agency Trust" shall mean the legally separate and individual trust, whose provisions are identical to those of the PARS Trust Agreement, that is established by a Member Agency when it adopts the, PARS Trust by executing an Adoption Agreement. 1.6 ~Altemate Trustee" shall mean a trustee, other than the Trustee of the PARS Trust' Program, appointed by a Member Agency to serve as a trustee of a portion. of such 'Agency Trust's assets as to which the Trustee serves as custodian. 1.7 "Code"shall mean the Internal Revenue Code of 1986 as amendedfromtime to time. 1.8 "Custodian" shall mean Union Bank of California, NJ~. whose duties are limited to those specified in Section 4.3. 1.9 "Delegatee" shall mean an individual or entity, appointed by' the Plan Administrator or Member Agency to act in such matters as are specified in the appointment. 1.10 "Effective Date" shall mean July 1, 1991, the date the PARS Trust Program was established. 1.11 "Investment Fiduciary" shall mean the fiduciary with the authority and duty to direct the investment and management (including the power to direct the 3 2567_12 PEL ?9 acquisition and disposition) of some or all of the Assets of the Agency Trust appointed by a Member Agency for its Agency Trust. 1.12 "Omnibus Account" shall mean an account, established for record keeping purposes only, to commingle the Assets of the Agency Trust. 1.13 "Member Agency" shall mean a California Publi~: agency that adopts the provisions of the PARS Trust Agreement. 1.14 "Plan" shall mean the tax qualified plan whose assets the Agency Trust holds. 1.15 "Plan Administrator" shall mean the individual designated by position of employment at the Member Agency to act on its behalf, in all' matters relating to the Member Agency's participation in the PARS Trust 'Program and Agency Trust. 1.16 '"PARS Trust Agreement" or 'q-rust Agreement" shall mean the pro forma Public Agency Retirement .System trust document adopted by each Member Agency upon execution o[an Adoption Agreement, as amended from time ,to time.. 1.17 "PARS Trust Program" shall mean the Public Agency Retirement Sys{em trust arrangement. 1.18 "Participant" shall mean individual participating in a Member Agency Plan or that individual's beneficiary. ,, 1.19 'q-rust Administrator" shall mean Phase II Systems. 1.20 'q'rUstee" shall mean the entity appointed astrustee of the PARS Trust.{hatshall .. also serve as trustee of .each Agency Trust established' pursuant to the provisions of this trust agreement-except.where an Altemate,T. rustee has been appointed. Article II THE PARS TRUST'PROGRAM " 2.1 Multiple Employer Trust The PARS Trust Program is a multiple employer trust arrangement established to provide economies of scale and efficiency of administration to public agencies ' that adopt it to hold the assets of their Member Agency Plans maintained for the benefit of their employees. The PARS Trust Program consists of the Agency Trusts adopted and not terminated by Member Agencies. 2567_12 PEL 2.2 Qualified Governmental Retirement Trust The PARS Trust Program is established pursuant to the provisions of Section 501 of the Internal Revenue Code of 1986, as amended (the "Code"), and California 'Government Code Sections 53215 through 53224 providing for pension trusts established by public agencies. 2.3 Date of Adoption The date as of which each Member Agency adopts the PARS Trust Program shall be the "Effective Date" of the PARS Trust Agreement and the Agency Trust, as defined in Section 2.5, as to that Member Agency. 2.4 Member Agencies Any California public agency may, by action of its governing body in a writing accepted by the Trustee, adopt the provisions of the PARS Trust Agreement as the trust portion of a qualified governmental retirement plan establish'ed for the benefit of its employees. Executing an adoption instrument for the PARS Trust Program ("Adoption Agreement"), attached hereto as Exhibit "A", shall constitute such adoption, unless the Trustee requires additional evidence of adoption, in order for such adoption to be effective, the public agency must also execute an Agreement for Administrative Services with Phase II Systems, the Trust Administrator, pursuant to section 3.6 of this PARS Trust Agreement. Such adopting employer shall then become a Member Agency of the PARS Trust Program. ·. Each such Member Agency shall, at a minimum, furnish the Trust Administrator with the following-dOCuments to 'support its adoption of the PARS Trust Program: (a) a certified copy of the-Member Agency governing, body resolution authorizing the adoption of the PARS Trust Agreement and the · appointment of an individual designated by: positionof..employment at the Member Agency to act on its behalf in all matters relating to the Member Agency's participation in the PARS Trust Program and Agency Trust ("Plan Administrator"); (b) an original of the Adoption Agreement executed by the Plan Administrator or other duly authorized Member Agency employee; (c) an original of the Agreement for Administrative Services with Phase II Systems executed by the Plan Administrator or other duly authorized Member Agency employee and Phase II Systems; (d) an address notice; and 2567_12 PEL (e) such other documents as the Trustee may reasonably request. 2.5 Agency Trust By adopting the PARS Trust Agreement, as provided in Section 2.4, a Member Agency shall be deemed to have adopted a egally separate and individual Agency Trust whose provisions are identical to those of the PARS Trust Agreement. The Assets of an Agency Trust shall be available only to pay benefits pursuant to the provisions of the Plan to participants and beneficiaries of the Member Agency entitled to receive benefits under the provisions of the Plan. The Agency Trust is created for the purpose of receiving contributions made to fund the Member Agency's Plan; accumulating, managing and investing those contributions; and providing benefits to active or retired participants of the Plan, their joint annuitants, or their beneficiaries. Each Agency Trust shall be used to fund only a single Plan maintained by the Member Agency. A Member Agency may establish additional AgenCy Trusts to fund the assets of additional Plans by executing oneor more additional Adoption Agreement(s). 2.6 Assets of Agency Trust The assets of the Agency Trust shall consist of all contributions and transfers received by the AgenCY Trust on behalf of the Member Agency's Plan, together with the income and earnings from such contributions and transfers, and any increments accruing to them ("Assets"). All contdbut~ons or transfers shall be received by the Trustee in cash or in other property acceptable to the Trustee. The Trustee shall' manage and administer the Assets of the Agency Trust without distinction between principal, and income. The Trustee and the Trust Administrator shall have no duty to compute any amount to. be transferred.or paid to the Agency Trust .by the Member Agency and the Trustee and the Trust Administrator shall not be responsible for the collection of.any contributions or. transfers to the Agency Trust; 2.7 Commingling for Investment and Administration . The Assets of more than one Agency Trust may be commingled by the Trustee or Investment Fiduciary in one or more Omnibus Accounts for investment and administrative purposes, to provide economies of .scale and efficiency of administration to the Agency Trusts. The responsibility-for Plan level accounting. within this Omnibus Account(s) shall be that of the Trust Administrator. 2.8 Trustee Accounting The Trustee shall be responsible only for maintaining records and maintaining accounts for the aggregate assets of the PARS Trust Program. The 2567_12 PEL responsibility for Plan level accounting for each Agency Trust, based upon the Omnibus Account(s), shall be that of the Trust Administrator. 2.9 No Diversion of Assets The Assets in each Agency Trust shall be held in trust for the exclusive purpose of providing benefits to the Participants of the Plan for which the Agency Trust is holding assets and defraying the reasonable expenses of such Plan. The Assets shall not be used for or diverted to, any other purpose. 2.10 Type and Nature of Trust Neither the full faith and credit nor the taxing power of each Member Agency, the State of California or any political subdivision thereof other, than each Member Agency is pledged to the distribution of benefits hereunder. -Except for contributions and other amounts hereunder, no other amounts are pledged to the distribution of benefits hereunder. Distributions of benefits are neither general nor special obligations of any Member Agency, but am payable solely from the Assets of each Agency Trust, as more fully described herein... No employee of any Member Agency or beneficiary may compel the exemise of the taxing power by any Member Agency. Distributions of Assets under any Agency Trust are not debts of any Member Agency, the State of California or any of its political subdivisions within the meaning of any constitutional or statutory limitatien or restriction. Such distributions are not legal or equitable pledges, charges, liens or encumbrances, upon any of a Member Agency's property, or upon any of its income, receipts, or revenues, except amounts in the accounts which are, under the terms of each " Plan, Agency'Trust and the Act, set aside for distributions. Neither the members of the legislative body of any Member Agency nor its officers, employees, agents or volunteers are liable hereunder. Article III iADMINISTRATIVE MATTERS 3.1 Appointment of Trustee ........ Two thirds or more of the Member Agencies acting jointly, may by a' two-thirds or greater vote, act to appoint a bank, trust company, retirement board, insurer, committee or such other entity as permitted by Califomia law, to serve as the trustee of the PARS Trust Program ("Trustee"). Such action must be in writing. Upon the written acceptance of such entity it shall become the Trustee of the PARS Trust Program and, subject to the provisions of Section 3.10, the trustee of each Agency Trust. By executing an Adoption Agreement, the adopting Member 2567_12 PEL Agency hereby appoints the Union Bank of California, N.A. as the Trustee as of the Amended Effective Date. 3.2 Removal of Trustee Two thirds or more of the Member Agencies acting jointly, may by a vote of two - thirds or greater, act to remove the Trustee, Such action must be in ,wdting and delivered to the Trustee and the Trust Administrator. Upon such removal 'from the PARS Trust the Trustee shall, also be removed as trustee of each of the Agency Trusts. The Plan Administrator may remove the Trustee as trustee of an Agency Trust by giving at least ninety (90) days prior written notice to the Trustee and the Trust Administrator and withdrawing from the PARS Trust Program. 3.3 Resignation of Trustee The Trustee may resign as trustee of the PARS Trust Program at any time by giving at least ninety (90) days prior written notice to the 'Trust Administrator and to each Plan Administrator of each Member Agency that has adopted the PARS Trust Agreement and not terminated its participation in the PARS Trust Program. Such resignation shall also be deemed a resignation as trustee of each'of the Agency Trusts. The Trustee may resign as trustee' of; an Agency TrUst by giving at least ninety (90) days written notice to the Plan AdministratOr of such Agency Trust and to the Trust Administrator. The Member AgenCy's appointment of a successor trustee to the Agency Trust will vest the successor trustee with title to the Assets' of its Agency Trust upon the successor tru~tee's.acceptance of such appointment. .. 3.4 The Plan Administrator . The governing body of each Member Agency Shall have plenary authority for the administration and investment of the Agency Trust pursuant to the laws and Constitution of the State of California and applicable federal laws'and regulations. Each Member Agency shall by 'resolution designate, a .Plan Administrator. Unless otherwise specified in the instrument the Plan Administrator shall be deemed to have authority toact on behalf of the Member Agency in all matters pertaining to the Member Agency'S participation in the PARS Trust Program and in regard to the Agency Trust of the Member Agency. Such appointment of a Plan Administrator shall be effective upon receipt.and. acknoWledgment 'by the Trustee and the Trust Administr~'tor: and Shall-be'-. effective until the Trustee and'Trust Administrator are furnished with a resolution of the Member Agency that the appointment has been modified or terminated. 3.5 Failure to Appoint Plan Administrator If a Plan Administrator is not appointed, or such appointment lapses, the Member Agency shall be deemed to be the Plan Administrator. As used in this document 2567_12 PEL Plan Administrator shall be deemed to mean Member Agency when a Plan Administrator has not been appointed. 3.6 Delegatee The Plan Administrator, acting on behalf of the Member Agency, r~ay delegate certain authority, powers and duties to an entity to act in those matters specified in the delegation ("Delegatee"). Any such 'delegation must be in a writing that names and identifies the Delegatee, states the effective date of the delegation, specifies the. authority and duties delegated, is executed by the Plan Administrator and is acknowledged in writing by .the Delegatee, the Trust Administrator (if not the Delegatee) and the Trustee.- Such delegation shall be effective until the Trustee and the Trust Administrator are directed in wdting by the Plan Administrator that the delegation has been rescinded or modified. 3.7 Certification to Trustee : ' The governing body of each Member Agency, or. other duly authorized official, shall certify in writing to. the Trustee and the Trust Administrator the names and specimen signatures of'the Plan Administrator and Delegatee, if any, and all others authorized to act on behalf of the Member 'Agency whose names and specimen signatures shall be kept accurate by the Member Agency acting through a duly authorized official or governing body of the Member AgencY. The Trustee and 'the Trust Administrator shall have no liability if it acts upon the direction of a Plan Administrator or Delegatee that ha§' been duly authorized, as provided in Section 3.6, 'if' that Plan Administrator or Delegatee is no longer authorized to act, unless the Member Agency has informed the TrUstee and the Trust Administrator of such change. - 3.8 Directions to Trustee Except as provided in section 5;-18 .:of'this ~3'rust-Agreement,~.all~-directi°!!s to the Trustee from the Plan Administrator or Delegatee must-be in writ!ng and must be signed by the Plan Administrator or Delegatee, as the case may be..For all purposes of this Trust Agreement, direction shall include any certification, notice, authoriZation, ~-application' or instruction of the'PIan· Administrator,. De!egatee or Trustee appropriately, communicated. The above' notwithstanding direction may be implied if the'Plan Administrator or Delegatee has knoWledge Of the Trustee's intentions and fails to file written objection. The Trustee shall have the power and duty to comply promptly with all proper .direction of the Plan Administrator, or Delegatee, appointed in accordance with the provisions of this PARS Trust Agreement. In the case of any direction deemed by the Trustee to be unclear or ambiguous the Trustee may seek written instructions from the Plan Administrator, the Agency or the Delegatee on such 2567_12 PEL matter and await their written instructions without incurring any liability. If at any time the Plan Administrator or the Delegatee should fail to give directions to the Trustee, the Trustee may act in the manner that in its discretion seems advisable under the circumstances for carrying out the purposes of the PARS Trust Program and/or any Agency Trust which may include not taking any action. The Trustee may request directions or clarification of directions received and may delay acting until clarification is received. In the absence, of timely direction or clarification, or if the Trustee considers any direction to be a violation of the PARS Trust Agreement or any applicable law, the Trustee shall in its sole discretion take appropriate action, or refuse to act upon a direction. 3.9 Alternate Trustee A Member Agency may appoint atrustee,.other than the Trustee,. as to a portion of the assets in the Agency Trust by designating'such'person or entity as an Alternate Trustee on the Adoption Agreement and by specifying which assets shall be subject to the fiduciary management of the Alternate Trustee. Such appointment shall not be effective unless it is in writing, specifies cleady the assets 'as. to which the Alternate Trustee is to have trustee powers, .is acknoWledged 'in wdting 'l~y the Alternate Trustee, is delivered to and acknowledged by the Trustee and the Trust. Administrator. Only a .bank, :trust company, retirement board, insurer, the Member Agency or such entity, as permitted by Califomia law to be a trustee may be appointed an Alternate Trustee. Such appointment will become effective upon acceptance by the Alternate Trustee. ,,. 3.10 Powers Of Alternate Trustee The Alternate Trustee shall be deemed to have all of the powers and duties and. responsibilities' specified in the PARS Trust Agreement for the PARS Trustee in Article IV unless otherwise specifiedin~the Adoption Agreement.. 3.11 Resp0n~ibility of Trustee Upon Appointment:'of:Altemate.-Trustee · Upon me appointment of an Alternate Trustee, the Trustee shall have no liability or responsibility for any matters relating to the management, investment: or admini§tration 'Of'those assets as 'to which the . Alternate 'Fruste.e has been appointed and shall only have the duties set forth in Section 4.3.... 3.12 Trust Administrator The Member Agencies have appointed Phase II Systems as the Trust Administrator. The Trust Administrator has accepted its appointment subject to each Member Agency's delegation of authority, to act as such, pursuant to Section 3.6 of this PARS Trust Agreement. The Trust Administrator's duties 2567_12 PEL involve the performance of the following services pursuant to the provisions of this trust agreement and the Agreement for Administrative Services: (a) Performing pedodic accounting of the Agency Trust; (b) Directing the Trustee to make distributions from the Agency Trust to Participants pursuant to the provisions of the Member Agency's Plan and liquidate assets in order to make such distributions; (c) Notifying the Investment Fiduciary of the amount of Assets in the Agency Trust available for further investment and management by the Investment Fiduciary; (d) Allocating contributions, earnings and expenses to.each Agency Trust; · (e) Directing the Trustee to pay insurance premiums, to pay the fees of the Trust Administrator and to do such other acts as shall be approPriate to carry out the intent of the Agency Trusts. .. (f) Such other services as the' Member Agency and the Trust Administrator .. may 'agree in .the Agreement for Administrative Services purSuant to Section 2.4. 3.13 The Trust Administrator shall be entitled to rely on, anc~ shall be under' no.duty to question, direction and/or data received from the .Plan Administrator, or other duly authorized entity, in order to perform its authorized duties under this trust. agreement: The-'i'mst Administrator shall not. have. any duty .to compute. . contributions 'made to the Agency Trust, determine or inquire whether contributions made to the Agency. Trust.by the Plan,Administrator or other duly authorized entity' are adequate'tomeet and'discharge:4iabilities~unde[ the Plan; or determine or~ inquire whether contributions.~'-made'~,t°-~the~''-/'Ngency~-Trust' are in compliance with the Plan; The Trust Administrator shall nOt be liable for non performance of duties if such non performance is directly caused by erroneous, and/or late delivery of, directions or data from the Plan Administrator, or other duly authoriZed entity~ ~,, · .'. 3.14 Additional Trust Administrator Services '~ The Plan Administrator may at any time retain the Trust Administrator as its agent to perform any act, keep any records or accounts and make any computations which are required of the Member Agency or the Plan Administrator by this PARS Trust Agreement or by the Member Agency's Plan. The Trust Administrator shall be separately compensated for such service and such services shall not be deemed to be contrary to the PARS Trust Agreement. 2567_12 PEL 3.15 Trust Administrator's Compensation As may be agreed upon from time to time by the Member Agency and Trust, Administrator, the Trust Administrator will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the performance of duties with respect to the Agency Trust and to the PARS Trust Program in accordance with Section 53217 of the Act. 3.16 Resig nation or Removal of Trust Administrato~ The Trust Administrator may resign .at any time by giving at least one hundred twenty (120) days wdtten notice to each Member Agency of:the PARS Trust Program and the Trustee. The Member Agencies, . by a two-thirds or greater vote, may remove the Trust' Administrator by delivering, at least one hundred twenty (120) days prior to the effective date of such removal, written notice to the Trust Administrator and to the Trustee. · Article IV THE TRUSTEE \ 4.1 Powers and Duties of the Trustee Except as otherwise provided in Article V and subject to Article VI, the Trustee shall have'full power and authority with respect to property held.in the Agency Trust to do all such acts, take all proceedings, and exemise all such dghts and privileges, whether specifically referred to or not .in this;document, as could, be done, taken or exemised by the absOlute ~owner, in¢ uding;;~with.°ut.limitation, the following: .i (a) To invest.and reinvest the Assets or any part hereof in any one. or more kind, type, class, 'item or parcel of property, real, personal or mixed,. tangible or intangible; or in any one or. more kind, type, class item or issue ~ of investment or security; or in any one or more kind, type, class or item of obligation, secured or unsecured; or in any combination .of them. To retain the property for the period of time that the Trustee deems appropriate; (b) To acquire and sell options to buy securities ("call" options) and to acquire and sell optiOns to sell securities ("put" options); (c) To buy, sell, assign, transfer, acquire, loan, lease (for any purpose, including mineral leases), exchange and in any other manner to acquire, manage, deal with and dispose of all or any part of the Agency Trust 2567 12 PEL property, for cash or credit and upon any reasonable terms and conditions; (d) To make deposits, with any bank or savings and loan institution, including any such facility of the Trustee or an affiliate thereof provided that the. deposit bears a reasonable rate of interest; (e) To invest and reinvest the Assets, or any part thereof in any one or more collective investment trust funds, including common and group trust funds that consist exclusively of assets of exempt pension and profit sharing trusts and individual retirement accounts qualified and tax exempt under the Code, that are maintained by the Trustee or.an affiliate thereof. The declaration of trust or plan. of -" operations for ~any:~:such common or collective fund is hereby incorporated herein and adopted into this PARS Trust Agreement by this reference. The combining. ,of money and other assets of the Agency Trust with money and other assets of other qualified trusts-in such fund or funds is specifically authorized. Notwithstanding - anything:to the contrary in this trust agreement, the Trustee shall have full investment responsibility over assets of the trust invested, in such commingled funds. If the plan and trust for any reason lose their tax exempt status, and the Assets have been commingled with assets of other tax exempt trusts in Trustee's collective investment funds, the Trustee shall within 30 days of notice of such loss of tax exempt status, liquidate the Agency Trust's units of the collective investment fund(s) and invest the proceeds in a money market fund. pending investment or other instructions from the Plan Administrator. The Trustee shall not be liable for any loss or gain or taxes, if any, resulting'from said liquidation; (f) 'To place uninvested cash and cash awaiting distribution in one or more .... mutual funds and/or commingled investment funds maintained by or made available by the Trustee, and,tO,r, eceiVe.compensation:--from the sponsor of such fund(s) for'services rendered,~separateand~apart4rom any Trustee's . fees hereunder. Trustee or. Trustee's~affiliate.'may¢,also.be compensated 'for providing investment advisory services to any mutual fund. or commingled investment funds; (g) To borrow money for the purposes of the Agency Trust from. any source · · with or Without giving security; to pay interest; to issue promissOry notes · ' 'and to Sec~re the. repayment thereof by pledging all or any part' of the Assets; (h) To take all of the following actions as directed by the Investment Fiduciary or other person with investment discretion over the trust assets: to vote proxies of any stocks, bonds or other securities; to give general or special proxies or powers of attorney with or without power of substitution; to exercise any conversion privileges, subscription rights or other options, 2567_~2 PEL and to make any payments incidental thereto; to consent to or otherwise participate in corporate reorganizations or other changes affecting corporate securities and to delegate discretionary powers and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held in the Agency Trust; (i) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted; (j) To raze or move existing buildings; to make ordinary or extraordinary . repairs, alterations or additions'-inandto buildings;~to~construct buildings and other structures and to ·install fixtures and :equipmeat:.therein; ' (k) To pay or cause to be paid from the Agency Trust any and all real or personal property taxes, income .taxes or other taxes or assessments of any or all kinds levied or assessed upon or with respect to the Agency Trust or the Plan; (I)'As directed by the' Trust Administrator, to hold term or- ordinary life · insurance contracts on the lives of Participants (but in the case of conflict between any such contract and the Plan, the terms of the Plan shall prevail); to pay from the Agency Trust the premiums on such contracts; to ' distribute, surrender or otherwise dispose of s{a, ch contracts; to pay the proceeds, if any, of such contracts to the proper persons in the event of the death of the insured Participant; to enter· into, modify, renew and terminate annuity contracts of deposit administration of immediate · · participation or other-group or individual type with one or :more insurance · companies and to pay or deposit all or any part of the Agency Trust Assets thereunder, to provide in any such contract~or-.;~, e :investment of all Or any part of funds so depOsited:withthe' insurance.~company in securities · under separate ac, counts;;';to~.exercise'iand~.:claim;all~'.!fights and benefits granted to the contractlholder by any such contracts; (m) To exercise all the further rights, powers, options and privileges granted, provided for, or vested-in trustees generally under applicable federal .or .. California laws, as amended from time to time, it being intended that, -except as herein otherwise provided, the powers conferred, upon.the Trustee herein shall not be construed as being in limitation of any authority conferred by law, but shall be construed as consistent or in addition thereto. 2567_12 PEL 4.2 Additional Trustee Powers In addition to the other powers enumerated above, and whether or not the Member Agency has retained investment authority or delegated it to an Investment Fiduciary or Participants in Participant Directed Accounts, the Trustee in any and all events is authorized and empowered: (a) To invest funds Pending required directions in any type of interest-bearing account including without limitation, time certificates of deposit or interest- bearing accounts issued by Union Bank of California N.A., or any mutual fund or short term investment fund ("Fund"), whether sponsored or advised by Union Bank of California or any affiliate .thereof; Union Bank of California, N.A. or its affiliate' may be.compensated~for.providing such investment advice and providing .other-services :to.such :F. und, in addition to any Trustee's fees received pursuant to this Trust Agreement; · (b) To cause all er any part of the Agency Trust to be held in the name of the Trustee (which in such instance need not disclose its fiduciary capacity) or, as permitted by law, in the name of any nominee, and to acquire for the Agency Trust any investment in bearer form, but the books and records of the Agency TruSt shall at all times show that all such investments are a part of the Agency Trust and the Trustee shall hold evidences of title to all such investments; (c).' To serve as sole custodian with respect to the Agency Trust Assets; (d) To employ suchagents and 'counsel as may be reasonably necessary in managing and protecting the Assets and to paY them. reasonable compensation; to employ 'any broker-dealer,, including a broker-dealer. .- - affiliated with the Trustee,.and pay to such broker-dealer at the expense of the Agency Trust, its standard :commissions;:~o'.~'settle,' compromise or abandOn'all claims'and demands' in'favor of-or~against~the Agency Trust; ..: and 'to charge any premium~om:'bonds~;Purchased';.at'par value to .the principal of the AgencY Trust withoUt amortiZation from the Agency Trust, regardless of any law relating thereto; ~ (e) In addition to the powers listed herein, to do all other acts necessary 9r ~ desirable 'for the proper administration of the Agency Trust, as though the ab~Oldte owner thereof; (f) To abandon, compromise, contest, arbitrate or settle claims or demands; to prosecute, compromise and defend lawsuits, but without obligation to do so, all at the risk and expense of the Agency Trust; (g) To exercise and perform any and all of the other powers and duties specified in this Trust Agreement or the Plan; 2567_12 PEL (h) To permit such inspections of documents at the principal office of the Trustee as are required by law, subpoena or demand by United States agency; (i) To comply with all requirements imposed by applicable provisions of law; (j) To seek written instructions from the Plan Administrator or other fiduciary on any matter and await their written instructions without incurring any liability. If at anytime the Plan Administrator or the fiduciary should fail to give directions to the Trustee, the Trustee may act in the manner that in its discretion seems advisable under the circumstances for carrying out the purposes of this Agency Trust; (k) As directed by the Plan Administrator or Delegatee if duly authorized, to cause the benefits provided under the Plan to 'be paid directly to the · persons entitled thereto under the Plan, and in the amounts and in 'the manner specified, and to charge such payments against the Agency Trust with respect to' which such benefits are payable; · · (I) To compensate such executive, consultant, 'actuarial, accounting, investment, appraisal; administrative, clerical, secretarial, medical, custodial, depository and legal firms,' personnel and other employees or assistants as are engaged by the Plan Administrator in connection with the administration of the Plan and to pay from the Agency Trust the necessary expenses of such firms, personnel and assistants, to the extent not paid by the Plan Administrator; (m)' To act' upon proper wdtten directions of the Plan Administrator or .Delegatee; including directions given by photostatic transmissions using facsimile signature;. (n) TO pay from the Agency'.'Trust~?the::expenses~easonably incurred in the .... '. ·administration of the Agency Trust as provided in the Plan; (o) To maintain insurance for such purposes,'in such' amounts'and with such companies as 'the' Plan Administrator shall-elect,' including insurance to cover liabilitY or losses occurring by reason of the acts or omissions of fiduciaries but only if' such insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by such fiduciary. 2567 12 PEL 4.3 Custodial Powers If an Alternate Trustee has been appointed pursuant to Section 3.9, Union Bank of California, N.A., ("Bank") as Custodian, shall only have the following responsibilities: (a) Keep records of all transactions entered into for the AgenCy Trust and furnish to Alternate Trustee statements no less frequently than quarterly showing all principal and income transactions and Agency Trust Assets, which shall be deemed ratified and approved by Alternate Trustee unless Custodian is advised to the contrary within ninety (90) days of Custodian's mailing thereof by first class mail to Alternate Trustee; (b) ' Receive payments of income and' principal on,-Ageney ...Trust Assets, and retain or remit in accordance'with Alternate'Trustee~s ~Nfitten instructions; (c) Hold Agency Trust Assets in Bank's name as Custodian for Alternate Trustee or in Bank's nominee name, or, as to securities eligible to be held by the depository trust company or other depository, in its nominee name; (d) Purchase and Sell securities, attend to the exchange of securities, deposit or exchange securities of companies in reorganization, and 'tender securities on redemption or tender offer solely upon direction of Alternate Trustee; (e) Sign the name of Alternate. Trustee to stock and bond powers and any other instruments required for the proper exercise of Bank's duties, and Bank is appointed Alternate Trustee's attomey-in-fact for these purposes; (f). Forward all proxies and accompanying .materials to Alternate Trustee to be voted unless directed in"wfiting' to, the .contrary?~Dis¢lose Alternate Trustee's name and address"in"-response'~to'~requests'fr°m issuers of securities .and others to ~faCilitate~direct~..communicati°n .for: proxy and tender offer response; (g) Sell all fractional shares of stock received as a result of stock dividends or Other corporate action; .' '(h) ' Notify Alternate Trustee of any inability to collect income or principal if the securities or other property constituting Assets upon which such amount is payable is in default,' or if payment is refused after due demand. Bank shall be under no obligation or duty to take any action to effect collection of defaulted payments, or to file or pursue any bankruptcy or class action claims with respect to Agency Trust. 2567_12 PEL (i) Perform a telephonic verification to Alternate Trustee or Alternate Trustee's authorized representative or such other secudty procedure selected by Alternate Trustee prior to wiring funds or following facsimile directions as Bank may require. Alternate Trustee assumes all dsk of delay of transfer if Bank is unable to reach Alternate Trustee or Alternate Trustee's authorized representative, or in the event of delay as a result of attempts to comply with anY other security procedure selected by Alternate Trustee. Article V INVESTMENTS 5.1 Investment Fiduciary Except as herein provided, the Plan Administrator shall be the Investment Fiduciary. .. 5.2 Appointment of Trustee or an Investment Manager as Investment Fiduciary The Plan Administrator may appoint the Trustee or an investment manager as the'Investment Fiduciary, with'the authority and duty tc~' direct the investment and management of all or any portion of the Assets of the Agency Trust. 5.3 Appointment of Investment Fiduciary ... : No action of the Plan Administrator· pursuant to 5.2 shall be effective until a certified copy of the revised: Adoption:,Agreement':.and¢.if~.required, any such resolution of the g0veming body;..of, the._Member..Agency::oc-.Plan Administrator action-is delivered to the Trustee.· · Upon'~receipt and. acceptance, the Trustee .or investment manager, as the case may be, shall.assume fiduciary responsibility with respect to the .investment and management of such aSsets of the Agency Trust as are specified in the resolution or action. Any transfer of investment authority to the Trustee or to an investment manager may be revoked by delivering to the Trustee or.the investment manager a written ~otice from· either. . the Member Agency governing body or the Plan Administrator, as the case may be. 5.4 Reliance by Trustee on Investment Fiduciary The appointment, selection and retention of an Investment Fiduciary shall be solely the responsibility of the Member Agency acting through its governing body or the Plan Administrator. The Trustee may rely upon the fact that the 2567_12 PEL Investment Fiduciary is authorized to direct the investment and management of the Assets of the Agency Trust until such time as the Plan Administrator shall notify the Trustee in writing that another Investment Fiduciary has been appointed to replace the Investment Fiduciary named, or, in the alternative, that the Investment Fiduciary named has been removed. 5.5 VVhen Trustee is not Investment Fiduciary The Trustee shall not be the ·Investment Fiduciary and shall have no responsibility or authority for the investment and management of assets unless specifically designated as the Investment Fiduciary as to some or all of the assets in the Agency Trust and accepts such designation. (a) Dudng such period or pedods of:time, if any,~as,the.P!an.Administrator or an Investment Fiduciary' is authorized ','to direct., the investment and management of the Assets of the Agency Trust, the Trustee shall (subject to the overriding limitations hereinafter set forth) effect and change investment of the Assets of the Agency Trust as directed in wdting by the Plan Administrator, or Investment Fiduciary, as the case may be, and .shall neither effect nor change any suchinvestments without such direction and shall have no right, duty or responsibility to recommend investments or investment changes. The following provisions shall govern the Trustee dudng such pedod or pededs of time, if any, dudng which the Plan Administrator or an Investment Fiduciary is authorized, to direct the investment and management of the Assets of any Agency Trust: (b) So long as the Plan Administrator retains or reacquires full power and responsibility to direct the Trustee with respect to the investment and management of allor any portion of the Assets of the Agency Trust, the Trustee shall not be liable nor responsible for losses or unfavorable results adsing from the Trustee'S~compliance:with .propers:directions of the. Plan · Administrator which.-are-made~in:accordanca with;l.he.~err?s of thi~.T ,re,st · Agreement and ~which are~h0t.;centrary to,the ~provislons~'or any app,came [federal or state statute regulating such investment. ' ' · · (c) i' In the event an Investment Fiduciary is given authority and responsibility with reSpect to the 'investment and management of.[he AsSetS .of the · Agency Trust, n~ither the Trustee nor the. Plan Administrator. shall, be 'liable or respOnsible in'any way for-any losSes or other Unfavorable results arising from the Trustee's compliance with investment or management directions received by the Trustee from the Investment Fiduciary. 5.6 Investment Directions Must be in Wdting Subject to the previsions of Section 5.18, in order to be valid all directions concerning investments made by the Plan Administrator, or the investment 2567_12 PEL Fiduciary, or PARS Trustee must be signed by the authorized person or persons acting on behalf of the Plan Administrator, Investment Fiduciary or Trustee, as the case may be. ' 5.7 Trustee Reliance On Directions (a) The Trustee shall be entitled to rely upon. directions which the Trustee receives. The Trustee shall be under no duty to question any directions of the Investment Fiduciary or Plan Administrator nor to review any securities .or other' property of the PARS Trust .or Agency Trust constituting assets thereof with respect to which an Investment Fiduciary or the Plan Administrator has investment, responsibility,, nor-to:make any suggestions to the Investment Fiduciary-~or:Plan':Administmtor'~n~connection therewith. The Trustee shall, as promptly 'as posSible;: ?comply ?~with any written directions given by the Plan Administrator or an ::lmzestment Fiduciary : hereunder. The Trustee shall notbe liable, in any manner nor for any reason, for-the making or retention of any investment pursuant to such directions; nor Shall the Trustee, be liable .for its failure to invest .any or all of the Assets of-the Agency Trust in the absence o[ such:written · directions; "The Trustee shall be under no obligation to seek written clarification in the event of ambiguity. - (b) During such period of time, if any, as the Plan Administrator, or an Investment Fiduciary, is authorized to direct the Trustee, the Trustee shall have no obligation to determine the existence of any conversion, redemptionl.exchange, subscription or. other dght relating to any securities ... purchased of which notice was given prior to the purchase .of such · secUrities; and "shall have no obligation to exercise any such right unless the 'Trustee.is informg'd-of the existence of the right and is instructed to exercise such-right, in writing,-by the Plan Administrator orthe Investment Fiduciary, as the case maybe,..within'-a reasonab!e:~time prior to the expiration.o[ such right. .... . (c) in. any event, neither the Plan Adm n strator nor any Investment F!duciary referred to above' shall direct the purchase, sale or retention of any Assets · of the Agency Trust if such directions are not. in compliance with applicable law. 5.8 Trustee Fees As may be agreed upon, in writing, between the Plan Administrator and Trustee, the Trustee will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the performance of duties with respect to the Agency Trust or the PARS Trust. 5.9 Contributions The Plan Administrator shall make all of its contributions to the Trustee, and shall also transmit all contributions of Plan participants, as may be required or allowed by the Plan, to the Trustee. Such contributions shall be in cash unless the. Trustee agrees to accept a contribution that is not in cash. All contributions shall be paid to the Trustee for investment and reinvestment pursuant to' the terms of this Trust Agreement. The Trustee shall not have any duty to determine or inquire whether any contributions to the Agency Trust made to the Trustee by any Plan Administrator are in compliance with the Plan; nor shall the Trustee have any duty or authority to compute any amount to be paid to the Trustee by any Plan Administrator, nor shall the Trustee be responsible.for the collection or adequacy'of the contributions to ,meet .and. discharge~'iiabilities :~under the Plan. The contributions received by the'-Trustee from :each Member:~Agency shall be held and administered pursuant to the:terms hereof,without~distinction between income and principal. 5.10 Money Market Fund Pending any investment directions, such cash in the Agency Trust in an amount. as is reasonable in the discretion of the Trustee, may be depos!ted in.a.money market fund selected by the Trustee or the Member Agency. 5.11 Purchase of Contracts .. The Trustee shall have the authority to purchase individual or group insurance,. annuity, preliminary term,--group pension, and vadable annuity contracts in accordance' with the directions of the Plan Administrator. or other insurance · contracts at the direction of.the Plan Administrator or Investment Fiduciary if such · .... . contracts are acceptable to the Trustee. The Trustee shall act as custodian of such contracts if an Altemate Trustee-.is:appointed as to,such~.contracts... 5.12 Records '. · (a) The Trustee shall maintain'accurate records and, detailed accounts of all . investments, receipts, disbursements and other transactions hereunder at the PARS TrUst level. 'Such records shall be available, at.all .reaSonable times for inspection by the Trust Administrator. The Trustee shall,, at the direction of the Trust Administrator, submit such valuations, reports or other information as the Trust Administrator may reasonably require. (b) Valuation. The assets of the Agency Trust shall be valued at their fair market value on the date of valuation, as determined' by the Trustee based upon such sources of information as it may deem reliable; provided, however, that the Plan Administrator shall instruct the Trustee as to valuation of assets which are not readily determinable on an established 2557_12 PEL market. The Trustee may rely conclusively on such valuations provided by the Plan Administrator and shall be indemnified and held harmless by the Plan Administrator with respect to such reliance. If the Plan Administrator fails to provide such values, the Trustee may take whatever action it deems reasonable, including employment of attorneys, appraisers or other professionals, the expense of which will be an expense of administration of the Agency Trust. Transactions in the account involving such hard to value assets may be postponed until appropriate valuations have been received and Trustee shall have no liability therefore. 5.13 Statements (a) .Periodically as specified, and:within'sixty daysafter June 30, or the. end of the PARS Trust's fiscal year-if different; :rErusteeshat,,.render to the Trust 'Administrator as. directed, a written " account,, showing in reasonable summary the investments, receipts, disbursements and other transactions engaged in by'the Trustee. during'the preceding fiscal year or pealod with respect to the PARS Trust. Such account shall set forth the assets, and. liabilities of the PARS Trust valued as of the end of the accounting period, (b) The Trust Administrator may approve such statements either: by written notice or by failure to express objections to such statements by written notice delivered to the Trustee within 90 days from the date the statement is delivered to the Trust Administrator. Upon approval, the Trustee shall ' be released'and discharged as to all matters and items set forth in such statement as if such account had been settled and allowed by a decree from a Court of competent jurisdiction. 5.14 Wire Transfers The'Trustee shall follow the-:~Plan,~Administrator's;.,;*:Delegatee's, or. Trust ...... 'Administrator's wire:transfer instructions in ~comp iance:..witb ;the .written security- :procedures provided by the party, providing:.the~wira:transfers:?~TheTruStee shall perform'a telephonic verification to the Plan Administrator, Trust Administrator,. or . Delegatee, of such Other secUrity procedure, as selected, by the party providing wire transfer directi0r~s; prior to widng funds or following facsimile directions as ' ... Trustee may require. The Plan Administrator assumes the d~k of delay of · transfer if Trustee is unable to. reach the Plan Administrator, or in the event of delay as a result of attempts to comply with any other' seCUdty procedure selected by the directing party. 5.15 Exclusive Benefit The Assets of the Agency Trust shall be held in trust for the exclusive purpose of providing benefits to the participants and their beneficiaries of the Member Agency Plan, and defraying reasonable expenses of the Plan, and shall not be 2567_12 PEL used for or diverted to any other purpose. No party shall have authority to use or divert such Plan's Assets for the payment of benefits or expenses of any other Member Agency's Plan. 5.16 Delegation of Duties The Plan' Administrator, Delegatee, or Trust Administrator, may at any time retain the Trustee as its agent to perform any act, keep any records or accounts and make any computations that are required of the Plan Administrator, Delegatee or Trust AdministratOr by this Trust Agreement or. by the Plan. The Trustee may be compensated for such retention and such retention shall not be deemed to be contrary to this Trust Agreement. 5.17 Distdbutions All benefits payable pursuant to the Plan shall be paid out of the Assets of the .... Agency Trust by the Trustee pursuant to the direction of the Plan Administrator or Delegatee. The Trustee shall, from time to time, upon the wdtten direction of the .. Plan Administrator or Delegatee, make distributions from the Assets of the. Agency Trust to or for the benefit of such persons, in such manner in such. form(s), in such amounts and for such purposes as may be specified in such directions. The Trustee at the direction of the Plan Administrator or Delegatee may make any distribution required to be made by it hereunder by delivering to the Plan Administrator or Delegatee: Its check payable'to the person to whom such distribution is to be made, for delivery to such person; or Its Check' payable to an insurer for the benefit of such person, for delivery by such insurer;, or insurance .contracts held on the life of the Participant to whom or with respect to:.:.'Whom: the~;distdbution:~;is.;;being made, for redelivery to the"petson to'whom.such:distribution.is {o::be.made; provided. that'any contract distdbuted~shall';be,endorsed =asmomt~ansferable;::. :. In directing the-Trustee to make distributions, the Plan Administrator or Delegatee shall follow the:'Provisions of the Plan and shall not direct that any distribution be made either during the.existence .or UPon' discontinuance of the- Plan; which would cause any part of the Assets of the Agency Trust to be used. for or diverted to purposes other than as provided in the. Plan and this PARS Trust. In no event shall the Trustee have any responsibility respecting the application of such distributions, nor for determining or inquiring into whether such distributions are in accordance with the Plan. 2567_12 PEL 5.18 Participant Directed Accounts The Member Agency may, by written resolution and execution of the Adoption Agreement, terminate the Plan Administrator's right to direct the investment and. management of all or any portion of the Assets of the Agency Trust and allow Participants to direct their own account balances ("Participant Directed 'Accounts"). Notwithstanding any other provision of this Trust Agreement, for Participant Directed Accounts, the Trustee shall be entitled to act upon proper directions Of the Plan Administrator, Trust Administrator, and Participants including directions in writing, or. oral instructions· which Trustee in its discretion may follow without receipt of written instructions, instrUction given by photostatic teletransmission using facsimile signature, or those Jr~structions .which are digitally recorded on the UBOC Voice'Response Unit (~/RU..".)~or~intemet website. Trustee is hereby authorized 'to record conversations'and.transmissions.made in connection'with the Agency Trust. Trustee'srecording or:lack-of recording.of any such oral, internet or digital instructions, and/or receipt, or lack of receipt of facsimile transmissions, as reflected in the Trustee's 'records maintained in the. · ordinary cou..meof business shall constitute conclusive proof of Trustee's receipt or non-receipt of such instructions.. .. The Trustee and/or Trust Administrator shall not be liable in any manner for investment or other losses or other liability attributable to Participant's directions, or lack thereof, or exercise of control over the investments of their Participant Directed Accounts. Likewise, the Trustee and/or Trust Administrator shall have no'.duty'or.'responsibility to review, monitor or make recommendations .regarding · investments made at the'direction of the Participants or the Plan Administrator. In order for Member Agency to be relieved of investment fiduciary liability, the requirements of California law including Section 53213.5 of the California Government Code must be met..The Plan Administrator shall establish uniform and .nondiscriminatory .-rules .for the operation of the Participant Directed Accounts,.including. Whether.the Participant. shall, direct/tbe~ ~T~ustee 'or.-direct the Plan "Administrator who directs,'~the. Trust:%Administrator-~:,.,who~:..forwards such directions to the Trustee. Member~Agency~shall~'designate!whether, Parflcipant:. · Directed Accounts are 'to ~be established pursuant to the provisions of section.= 5.18(a) or 5.18(b). below: · · (a) Participant Direction-'in Individually Directed Accounts. If the .Member · Agency has so elected,participants may have investment direction power . over their own segregated account balances ("Individually Directed'. Account" or "IDA"). Investments may be directed by Participants into assets administratively acceptable to Trustee, as limited by guidelines developed by the Plan Administrator (the "Permissible Investment Guidelines"). Plan Administrator shall notify Participants of the Plan's Permissible Investment Guidelines as in effect.from time to time. In the absence of directions from a Participant, the Plan Administrator may direct the investment of the IDA. The Trustee may refuse to comply with the directions of the Participant to invest in assets other than those listed in its Permissible Investments Guidelines or with directions which the Trustee deems to be improper or contrary to the provisions of the Plan and Agency Trust or the Internal Revenue Code and shall have no liability for such refusal. (b) Participant Directed Account within Plan Administrator Selected Investment Options ("SelectBENEFIT Accounts"): If the Member Agency so elects, the-Participant's.Account Balance shall be segregated into a Participant Directed Account ("SelectBENEFIT Account"), over which the Participant may direct investment into one or more..investment.altematives ("Investment. Options"). The Plan. Administrator or.:. its appointed Investment Fiduciary shall' have' full responsibility ;for :-designating the · Investment options under 'the Plan and-'for 'selecting the underlying investment vehicle(s) for each designated Investment. Option into which a · . Participant'may direct investment of his or her SelectBENEFIT Account. To the extent allowed by law, neither the Member Agency, the Plan. Administrator,. the Trust Administrator nor the Trustee shall have any responsibility' for monitoring the directions of the .Participant nor shall the Member Agency, the Plan Administrator, the Trust Administrator or the Trustee be liable in any manner for investment Or other losses or other liability for following directions of a Participant. (c) ' If SelectBENEFIT Accounts are. established,- notwithstanding any other provision Of this Trust Agreement, the Member Agency may appoint the Trustee to; provide ministerial services as recordkeeper for.such accounts by so indicating in the Member Agency's Adoption Agreement, provided that an acceptable service agreement has been executed by and between the Member Agency, the Plan Administrator, the Trustee and the Trust Administrator. Article VI FIDUCIARY RESPONSIBILITIES 6.1 More Than One Fiduciary Capacity Any one or more of the fiduciaries with respect to the PARS Trust Agreement or the Agency Trust may, to the extent required thereby or as directed by the Plan Administrator pursuant to this PARS Trust Agreement and the Plan, serve in more than one fiduciary capacity with respect to the PARS Trust Agreement, the Agency Trust and the Plan. 2567_12 PEL 6.2 Fiduciary Discharge of Duties Except as otherwise provided in the Code and applicable law each fiduciary shall discharge such fiduciary's duties with respect to the PARS Trust Agreement and the Plan: Solely in the interest of the Participants 'and for the exclusive purpose of providing benefits to Participants, and defraying reasonable expenses of administering the Plan. With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims. By diversifying the~investments of the Plan and the Agency Trust so as to,minimize the~risk.ofloss:and:~o .maximize;the rate :of return, unless· under the circumstances it is'clearly prudent~.not~to:do so. · 6.3 Limitations on Fiduciary ResponSibility To the extent permitted by applicable law: No fiduciary shall be liable with respect to a breach of fiduciary duty. by any other fiduciary if such breach was committed before suchparty became a fiduciary or · after such party ceased to be a fiduciary. . . No fiduciary shall be liable for a breach by another fiduciary unless the non- breaching 'fiduciary ·knowingly participates in such a breach, knowingly undertakes to conceal'such'breach, or has actual knowledge of such breach and fails to take reasonable steps to remedy, such breach. ~ No fiduciary Shall· be liable foi' carrying out a proper' direction.from another' fiduciary~ including refraining from taking an action in the absence of a proper direction from the other fiduciary~.p0ss'essingYthe ;authority~ancb.responsibility to · make such a =direction, which direction'the~flduciary,in.good~aith believes to be authorized and appropriate. 6.4 Indemnification of Trustee by Member Agency ~ The' ~rustee shall not be liable for, and Member Agency shall.indemnify, defend (as set out in 6.8 of this Trust Agreement), and hold the Trustee (including its officers, agents, employees and attorneys) and other Member Agencies and Alternate Trustees, harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, adsing as a result of Member Agency's active or passive negligent act or omission or willful misconduct in the execution or performance .of its duties under this Trust Agreement. 2567_12 PEL 6.5 Indemnification of Member Agency by Trustee The Member Agency shall not be liable for, and Trustee shall indemnify, defend (as set out in 6.8 of this Trust Agreement), and hold the Member Agency (including its officem, agents, employees and attorneys) and other Member Agencies and Alternate Trustees, 'harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement; 6.6 Indemnification of Trustee by Trust Administrator The Trustee shall not be.liable for, and Trust Administrator shall indemnify and ' hold the Trustee-(including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs,: expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred'by the indemnified party, adsing as a result of.Trust Administrator's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement.' 6.7 Indemnification of Trust Administrator by Trustee The' Trust.Administrator shall not be liable for, and Trustee shall indemnify and hold the Trust Administrator (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense '.or liability imposed On the indemnified party,-including reasonable attorneys' fees and costs incurred by.the indemnified party, arising as a result of Trustee's active or passive negligent act or omisSion..~or:~.willful:.~misconduct:.in:~the ~execution or performance of its duties under this'Trust Agreement, 6.8 Indemnification Procedures .Promptly after receipt by an indemnified party of. notice or receipt, of a claim or "the commencement of any action for which indemnification may be sought, the indemnified party will notify the indemnifying party in.writing.of the. receipt or commencement thereof. When the indemnifying party has agreed to provide a defense as set out above that party shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to such indemnitee) and the payment of expenses, insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the indemnifying party. Any indemnified party shall have the right to employ separate counsel in any such' action and to participate in the defense thereof, but the fees and expenses of' such counsel shall not be at the expense of the 2567_12 PEL indemnifying party unless (i) the employment of such counsel has been specifically authorized by_ the indemnifying party or (ii) the named parties to any such action (including any impleaded parties) include both the indemnifying party and the indemnified party and representation of both parties by the same counsel, would be inappropriate due to actual or potential differing interest between them. The indemnifying party shall not be liable to indemnify any person for any settlement of any such action effected without the indemnifying party's consent. 6.9 No Joint and Several Liability This document is not intended to and does not create any joint powers agreement or any joint and several-liability.. No .Member Agency. shall be · responsible for .any contributions;' costs or distributions..:of:any other Member Agency. : ·" Article VII AMENDMENT, TERMINATION AND MERGER 7.1 No Obligation to Continue Plan and Trust Continuance of the Agency Trust, participation in the PARS Trust Program and COntinuation of the Plan are notassumed as a contract, ual obligation of the Member Agency. 7.2 Amendments (a) The PARS Trust Agreement 'may only be amended or terminated as provided herein. A:two-thirds.majority~,or_greate~of_theJVlember. Agencies · ' shal! have the right, to amendthis':.~Trast~Agreementfrom~time to.time, and to Similarly amend or cancel:'any:amendments~. -A;copy;of all amendments shall be delivered to the',~Trustee, the Trust :Administrat°r and Plan. Administrators promptly as each is made. (b) Such amendments shall be set forth in an' instrument in'writing executed by the amending party, the Trust Administrator and 'the Trustee. Any amendment' may., be · current, retroactive or prospective,'.'.. ;pr°vided, however, that no amendment shall: Cause the Assets of any Agency Trust to be used for or diverted to purposes other than for the exclusive benefit of Participants who have an interest in such Agency Trust or for the purpose of defraying the reasonable expenses of administering such Agency Trust. 2567 12 PEL · (2) Have any retroactive effect so as to reduce the benefits of any Participant having an interest in the Agency Trust as of the date the amendment is adopted, except that such changes may be made as may be required to permit this PARS Trust Agreement to meet the requirements of applicable law. (3)Change or modify the duties, powers or liabilities of the'Trustee or the Trust Administrator hereunder without its consent. (4) Permit the Assets of any Agency Trust to be used for the benefit of any other .Plan of the Member Agency unless the. Member Agency agrees to such use. 7.3 Termination of Plan A termination of the Plan 'for which the Agency Trust was established shall not, in itself, effect a termination.'of an Agency Trust, Upon,any termination of the Plan, the Assets of'the Agency Trust shall be distributed by the Trustee as and when directed by the Plan Administrator. From and after the date of such termination of the Plan and until final 'distribution' of the Assets the Trustee. shall continue to have all the powers provided herein as are necessary or expedient for the ordedy liquidation and distribution of such assets and the Agency Trust shall continue until the interests of all Participants have been completely distributed to or for the benefit of the Participants in aCCOrdance with the Plan. 7.4 Reversion In the event a Member Agency's Plan is terminated, the vested interest of any · ParticiPant. shal/not be diminished or adversely affected; Except as may be provided n this Trust Agreement or the Plan, such termination shall not vest in the Member Agency any corpus :or: income ~nder ~the-,~,gen~y¥;l'ruSt, nor. permit the Plan to' discriminate 'as: to' coverage;::'or:~as .to~.allocafion:;of~:'contributions.or earnings,' in favor :of employees.WVho~are~fficere~;:-Shareholders, or highly " .compensated,' .nor cause.the Agency Trust :to.lose: itsYexempfion pursuant t° . 501(a) of the. Code?No modification;.amendmentor termination of~the:Plan shall be construed to be a terminatiOn of the Agency Trust so :as to require the Trustee to make a distributiOn of any of the'Assets of the Agency Trust to any Participant. In order to make such~distribution the Trustee must· receive written instructions · " fromthe:Plan Administrator°'r'Delegatee in a. form acceptable to the Trustee. ~ .. ' · If any Member Agency adopts a Plan whose assets are maintained in an Agency Trust and makes application to the Internal Revenue Service, within one year from the date of adoption of such Plan, for a determination that such Plan is a qualified plan under Section 401 (a) of the Code, and if such Plan is determined by the Internal Revenue Service not to be a qualified Plan, then all contributions 2567_12 PEL and investment income attributable to such Plan shall be returned to the Member Agency upon application to the Trustee. 7.5 Fund Recovery Based on Mistake of Fact Except as hereinafter provided, the Assets of the Agency Trust shall never inure to the benefit of the Member Agency. The Assets shall, be held for the exclusive purposes of providing benefits to Participants having an interest in the Plan and defraying reasonable expenses of administering the Agency Trust. The sole exception to the foregoing is as follows: Mistake of Fact. In the case of a contribution which is made by the Plan Administrator because of a mistake~of~fact;;:that: portion~o~the~contdbution_ relating to.the'mistake of fact (exclusive.,:of~:any.earnings.or~osses~ttdbutable thereto) may be returned to the Plan Administrator,..provided.:such.:!.[etum occurs within one (1) year after discovery by the Plan Administrator of the mistake. If any · 'repayment' is.payable-to the .Plan. Administrator, then; .as a. condition to .such repayment, and only if-requested by. Trustee, the Plan Administrator shall execute, acknowledge and deliver to theTrustee its written.undertaking, in a form satisfactory to the Trustee, .to indemnify, defend and hold the Trustee. harmless from all claims, actions, demands or liabilities arising.in connection with such repayment. 7:6 Transfers from Other Qualified Plans Notwithstanding .any- other 'provision hereof; there may' be transferred to the .. Trustee, upon direction of the Plan Administrator, all or any of the assets held (whether by a trustee, .custodian or otherwise) on behalf of any other plan which · ..satisfies'the.applicable requirements of Section 40tof .the Code, and which is maintained for thebenefit of any persons who are'or will become.Participants in the Plan. 7.7 Termination ..... · - · "'The PARS Trust Agreement'may be terminated only by a-unanimous..agreement. Of all'Member Agencies~ Such"action must bein writing and delivered.to the Trustee and Trust AdminiStrator. · .: · ... Article VIII MISCELLANEOUS PROVISIONS 8.1 Nonalienation To the maximum extent permitted by law, a Participant's interest in the Agency Trust shall not in any way be liable to attachment, garnishment, assignment or 3o 2567_12 PEL other process, or be seized, taken, appropriated or applied by any legal or equitable process, to pay any debt or liability of the Participant or any other party. Agency Trust Assets shall not be subject to the claims of the Member Agency or the claims of its creditors. 8.2 Saving Clause In the event any provision of this PARS Trust Agreement and each Agency Trust is held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining parts of the PARS Trust and/or Agency Trust, but this instrument shall-be construed and enforced as if said provision had never been included. 8.3 Applicable Law This PARS Trust Agreement and each Agency Trust.shall. 'be"construed, administered and governed under the Code and the applicable provisions of · " ' ·: Califomia...law...-To the~extent any of the provisions of this .Trust Agreementor the. · Plan are inconsistent with the Code or applicable California law the previsions of.. the Code or California law shall control. 'In the event, however, that any provision is susceptible tomore than one interpretation, such interpretation shall be given thereto as is consistent with'the Trust Agreement and the Plan being a qualified governmental retirement trust and plan within the meaning of the Code 8.4 Joinder of Parties. '.'~ In any.action.0r, other judicial proceedings affecting thi~ Trust Agreement, it shall be necessary to join as parties only the Trustee, the Plan Adm n strator or Delegatee. No participant or other persons having an interest in any Agency 'Trust shall,' be :entitled 'to :.any notice or service.: of' process, unless otherwise required by law. Any'judgment entered in such a proceeding or action shall be binding .on allpersons~.claiming under this Trust:;Agreement;-~provided;~however. · ' that~nothing'in'this Trust.'Agreement<shal be~construed~as~to.~depdve~.a:participant · .,of such partlclpant's.~nghtto.seek ~adjudlcat~on"~of~uch-';pa~c~pa0~s:~ghts. under applicable law. 8.5 Employment of Counsel The Trustee may consult with legal counsel (who may be counsel for .the Trustee - or:MemberAgencyPlan Administrator) andcharge the Agency Trust. . . .. 8.6 Gender and Number Words used in the masculine, feminine or neuter gender shall each be deemed to refer to the other whenever the context so requires; and words used in the singular or plural number shall each be deemed to refer to the other whenever the context so requires. 8.7 Headings .Headings used in this Trust Agreement are inserted for convenience of reference only and any conflict between such headings and the text shall be resolved in favor of the text. 8.8 Counterparts The Adoption Agreement of this Trust Agreement may be executed in an original and any number of counterparts by the Plan Administrator (executing an Adoption Agreement), the Trust Administrator and the Trustee, each of which shall be deemed to. be :an original.of.the one,and the same instrument.' . Article IX · ACKNOWLEDGMENT AND ACCEPTANCE The provisions of the PARS Trust Agreement as contained herein are hereby amended and restated as of July 1, 1999 (the "Amended Effective Date") . IN WITNESS WHEREOF, the Plan Administrator (by executing the Adoption Agreement) the Trust Administrator:and Trustee have executed this Trust Agreement by :their duly authorized agents on this19th day of January, 2000. ACKNOWLEDGED AND ACCEPTED this 19th day of January, 2000. THE'TRUSTEE THE TRUST ADMINISTRATOR uNioN BANK OF CALIFORNIA~ N.A. P HA'S E.~ySTE~ . ~ By: . By: ~'. Titlo: Son or Vic~ ~residont Titlo: Presidont · ORDINANCE NO. 6~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE SECTION 21354.4 (2.5% ~ 55 FULL FORMULA) FOR LOCAL MISCELLANEOUS MEMBERS A. RECITALS 1. The City of Rancho Cucamonga agreed to provide Section 21354.4 (2.5% ~ 55 Full Formula) for local miscellaneous members. 2. On June 20, 2002, the City adopted a resolution of intention to amend its contract with the California Public Employees' Retirement System to provide Section 21354.4. 3. The California Public Employees' Retirement System requires the City to amend its contract whenever it provides new benefits such as Section 21354.4. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: The City Council hereby authorizes an amendment to the contract between the City Council of the City of Rancho Cucamonga and the Board of Administration of the California Public Employees Retirement System, 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 City Council hereby authorizes, empowers, and directs the Mayor to execute said amendment for and on behalf of the City of Rancho Cucamonga. SECTION 3: This Ordinance shall take effect on December 1, 2002. The ordinance shall be published in the Inland Valley Daily Bulletin, a newspaper of general circulation in the City of Rancho Cucamonga, within 15 days of its passage. PASSED, APPROVED, AND ADOPTED this 17t~ day of July 2002. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga. California, do hereby certify that the foregoing Ordinance was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 17t~ day of July 2002. Executed this 17th day of July 2002, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Ci~Ordinanee Section 21354.4 T H C I T Y 0 F I~ANCH 0 CUCA~ON CA Staff Report DATE: June 20, 2002 TO: Mayor and Members of the City Council Chairman and Members of the Redevelopment Agency FROM: Linda Daniels, Redevelopment Director BY: Mike Nelson, Sr. Redevelopment Analyst SUBJECT: Approval of Annual Loan Transaction Between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency. RECOMMENDATION: Approve the repayment and re-borrowing of the annual loan amount between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency. BACKGROUND/ANALYSIS: In order to receive tax increment revenue, the principal source of redevelopment funding, a Redevelopment Agency must demonstrate existing debt, which will be repaid by the tax increment received. For this purpose, when the Project Area was established in Fiscal Year 1982/83, the City loaned money to the Redevelopment Agency in order to establish initial debt, as well as to provide monies for operations. For debt purposes, the City and Agency have continued to maintain this loan agreement, thus ensuring the Agency's receipt of its full tax increment revenue. During fiscal year 2001/02, the Redevelopment Agency will pay to the City $7,200,000 towards the principal and interest on the City/Agency loan. At the same time, it is also necessary for the Agency to continue its loan agreement with the City, in order to show sufficient debt and receive the full amount of tax increment revenue. Therefore, it is necessary for the City to authorize the Agency to re-borrow the amount of $7,200,000. This item appears on both the Agency and City Council Agendas. Redevelopment Director