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Home My WebLink About2004-12-27 e-packetSPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CITY HALL CONFERENCE ROOM 400 GRAND AVENUE MONDAY, DECEMBER 27, 2004 5:30 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Monday, the 27th day of December 2004, at 5:30 p.m., in the City Hall Conference Room, 400 Grand Avenue, South San Francisco, California. Purpose of the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda 4. Consideration of a resolution adopting an amendment to the December 1994 agreement with Michael A. Wilson 5. Consideration of a resolution withdrawing from the PARS supplemental retirement benefit plan 6. Adjournment Posted: December 26, 2004 CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY, CALIFORNIA A RESOLUTION ON THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, CALIFORNIA AUTHORIZING THE TERMINATION OF THE PARS RETIREMENT ENHANCEMENT PLAN EFFECTIVE JULY 1, 2002 AND THE PARS EXCESS BENEFIT PLAN EFFECTIVE JULY 1, 2002 WHEREAS, The City of South San Francisco (the "City") maintains the City of South San Francisco PARS Retirement Enhancement Plan and the PARS Excess Benefit Plan; and WHEREAS, the City has, pursuant to Section 6.3 of the PARS Retirement Enhancement Plan and Section 4.5 of the PARS Excess Benefit Plan, the authority to amend and terminate the Plan; and WltEREAS, the City has determined that due to a mutual mistake of fact, it is in the best interest of the City and its eligible employees to terminate the Plan. NOW THEREFORE, be it resolved that the City Council does hereby terminate the PARS Retirement Enhancement Plan and the PARS Excess Benefit Plan effective December 27, 2004; and BE IT FURTHER RESOLVED that the City Council hereby terminates the relationship with PARS, the Trust Administrator and Union Bank of California, the Trustee effective December 27 2004 and directs the Trustee to transfer all remaining assets to the California Public Employees Retirement System as soon as administratively possible; and BE IT FURTHER RESOLVED that the Plan Administrator is herebY designated as the City Manager and is hereby authorized to execute any documents and to take whatever additional actions are necessary to carry out the intent of this Resolution. AYES: NOES: ABSENT: ABSTAIN: STATE OF CALIFORNIA County of San Mateo ., the City of the City Council of the City of South San Francisco of San Mateo County, CALIFORNIA, hereby certifies that the above foregoing resolution was duly and regularly adopted by the said CITY at a regular meeting thereof held on the , and passed by a vote. IN WITNESS WHEREOF I have hereunto set my hand seal this City Clerk RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AMENDMENT NO.' 11 TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MICHAEL A. WILSON WHEREAS, on December 14, 1994, the City of South San Francisco and Michael A. Wilson entered' into an Employment Agreement related to the positions of City Manager and Redevelopment Agency Executive Director; and, WHEREAS, the parties hereto desire to further amend the Employment Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that Amendment No. 11 to the Employment Agreement, attached hereto as Exhibit A and dated December __., 2004, is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute Amendment No. 11 on behalf of the City of South San Francisco. 727107 11 I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the , day of ,' 2004 by the following vote: AYES: NOES: ABSTAIN~ ABSENT: ATTEST: City Clerk 727107 11 AMENDMENT NO. 11 TO THE EMPLOYMENT AGREEMENT BETWEEN MICHAEL A. WILSON AND THE CITY OF SOUTH SAN FRANCISCO DATED DECEMBER 14, 1994 RECITALS WHEREAS, on December 14, 1994, the City of South San Francisco and Michael A. Wilson entered into an Employment Agreement related to the positions of City Manager and Redevelopment Agency Executive Director; and WHEREAS, said Employment Agreement was revised by Amendment No. 1 dated December 13, 1995, Amendment No. 2 dated May 22, 1996, Amendment No. 3 dated November 27, 1996, Amendment No. 4 dated March 11, 1998; Amendment No. 5, dated March 1999; Amendment No. 6, dated April 12, 2000; Amendment No. 7 dated March 28, 2001; Amendment No. 8 dated March 27, 2002; Amendment No. 9 dated March 26, 2003; and Amendment No. 10 dated March 10, 2004 and WHEREAS, WILSON retired from city service on August 31, 2004, and has thereafter received retirement benefits as provided in the Agreement, as amended; and WHEREAS, the parties desire to further amend the Agreement to modify the retirement benefit provided under Section 4, Amendment No. 8 of the Agreement. NOW, THEREFORE, the parties hereto agree as follows: Section 4 of Amendment No. 8 to the Employment Agreement shall be deleted and of no further force or effect as of the effective date of this Amendment. New Section 4 to the Agreement is hereby added to read as follows: WILSON is entitled to purchase to purchase five (5) years additional service credit through CALPERS ARSC program. The parties agree that all assets of the PARS Trust, totaling Four Hundred Eighty Four Thousand Fifty Four Dollars and Forty Nine Cents ($484,054.49) as of October 31, 2004, (which amount includes $67,597.86 provided by WILSON as a payroll deduction during his employment tenure ["Wilson Payroll Contribution"]) shall be transferred from PARS to the CITY and thereafter the CITY shall immediately pay to CALPERS, via check, the Wilson Payroll Contribution amount plus $170,373.96 for a total payment of Two Hundred Thirty Seven Thousand Nine Hundred Seventy One Dollars and 82 cents ($237,971.82). CITY shall also immediately issue a check to WILSON in the amount One Hundred Thirty Five Thousand Twenty Eight Dollars ($135,028) to Amendment 11 to Wilson Agreement compensate WILSON for the additional tax consequences of shifting the retirement benefit from PARS to CALPERS with Additional Service Credit. WILSON shall be responsible for all federal and state taxes related to CITY payments specified herein. CITY shall issue to WILSON a IRS Form 1099 in the amount of the $313,000 for 2004 for the payments made by CITY pursuant to this Section 4. The parties agree that the amounts specified herein are based on tax estimates prepared by accountants retained by WILSON and the CITY. In the event that payment made to WILSON is not equal to or within one hundred dollars of the additional federal and state tax payable by WILSON as a result of the payments specified herein, the parties agree to negotiate in good faith to ensure the payment made by the CITY satisfies the additional federal and state tax liability of Wilson for the payments specified herein. o All other terms of the December 14, 1994 Employment Agreement, as amended by Amendments No. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 not in conflict with this Amendment shall remain in full force and effect. Mayor and Chairperson City of South San Francisco/Redevelopment Agency of South San Francisco Michael A. Wilson ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Amendment 11 to Wilson Agreement