Resolution No. 6492297
RESOLUTION NO. 6492
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, PROVIDING FOR EQUAL BENEFITS TO
ALL CITY COUNCIL MEMBERS
WHEREAS, Section 402 of the Cypress City Charter, entitled "Compensation ",
provides that "[c]ompensation for Councilmen is hereby set, and from time to time shall be
changed, in accordance with the schedule set forth in the Government Code establishing
salaries of Councilmen in general law cities, as the same may from time to time be
amended. Such compensation may be increased or decreased by an affirmative vote of a
majority of the voters voting on the Proposition at any election "; and
WHEREAS, Section 2 -3.1 of the Cypress Municipal Code, entitled "Salaries of
councilmen —Based upon population" provides that "sections 2 -3.1 to 2 -3.6 are enacted
pursuant to section 36514 of the Government Code, as added by chapter 286 of the
Statutes of 1965, authorizing the council to provide by ordinance that each member of the
council shall receive a prescribed salary, the amount of which is based upon the population
of the city as determined by estimates made by the state department of finance "; and
WHEREAS, Section 2 -3.5 of the Cypress Municipal Code provides "[t]he salaries
prescribed herein are and shall be exclusive of any amounts payable to each member of
the council as reimbursement for actual and necessary expenses incurred by him in the
performance of official duties for the city "; and
WHEREAS, as a result of provisions of the Government Code and passage of the
Public Employees' Pension Reform Act (PEPRA), questions have been raised whether or
not a CaIPERS retiree who serves as an elected official for a CaIPERS agency, such as the
City of Cypress, after retirement from service and receiving retirement benefits from
CaIPERS is eligible or not to receive benefits in addition to salary; and
WHEREAS, Government Code Section 21221(d) provides, in pertinent part, that "[a]
retired person may serve without ... loss or interruption of benefits" as an elected official;
and
WHEREAS, the City currently provides the following salary, compensation and
benefits to city council members: (1) salary/compensation of $832 monthly, (2) expense
allowance of $275 monthly and (3) medical, vision and dental coverage; and
WHEREAS, nothing herein shall increase the salary or compensation of any council
member under Section 402 of the Cypress City Charter or Section 2 -3.1. of the Cypress
Municipal Code; and
WHEREAS, the City, as a Charter City and pursuant to Section 2 -3.5 of the Cypress
Municipal Code, desires that each council member receive, in relation to the council
member's service on the council, the same reimbursement for actual and necessary
expenses incurred by him or her in the performance of official duties for the City, and that
"actual and necessary expenses" shall include reimbursement for medical, vision, dental
and other benefits, regardless of CaIPERS retirement status, through the payment of city
funds only and without impacting CaIPERS in any way.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cypress, California, does resolve, declare, determine and order as follows:
SECTION 1. All of the above - stated recitals are true and correct and are
incorporated herein by reference.
SECTION 2. As a Charter City and pursuant to Section 2 -3.5 of the Cypress
Municipal Code, the City Council finds that each council member can receive, in relation to
the council member's service on the council, the same reimbursement for actual and
necessary expenses incurred by him or her in the performance of official duties as any
other council member, and that "actual and necessary expenses" shall include medical,
vision, dental and other benefits, regardless of CaIPERS retirement status, through the
payment of city funds only.
298
SECTION 3. The City Council further finds that this matter involves city funds only,
that this is a matter of local concern over which the City has exclusive jurisdiction pursuant
to its City Charter and Municipal Code, and that this payment of city funds for
reimbursement of medical, vision, dental and other benefits will not impact CaIPERS in any
way.
SECTION 4. The City Council hereby authorizes the City Manager, or his or her
designee, to make all necessary medical, vision, dental and other payments for benefits to
any council member from city funds to ensure that each council member receive equal
reimbursement for actual and necessary expenses incurred by him or her in the
performance of official duties.
SECTION 5. Nothing herein shall allow for any additional salary, compensation
and /or payments of any benefits to be made to any council member that is above and
beyond the ordinary total amount of said payments that council members receive from the
City for actual and necessary expenses incurred by him or her in the performance of official
duties. Furthermore, nothing herein shall reduce the amount paid by the City for benefits
that a council member who is a retired employee under CaIPERS is entitled to receive for
their retirement as an employee under an existing memorandum of agreement or other
existing rights to retirement benefit payments.
SECTION 6. All reimbursements for actual and necessary expenses related to this
resolution will be made exclusively to CaIPERS retirees who are unable to obtain insurance
coverage through the City's plan for active employees. The provisions provided above by
this resolution shall apply starting on the first day that a council member assumes office
and this resolution shall be effective on said date.
SECTION 7. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 9th day of February, 2015.
MA OR OA
ATTEST:
1� L ',
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
HE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City Council
held on the 9th day of February, 2015, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Berry, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Peat
ABSTAIN: 1 COUNCIL MEMBERS: Morales
CITY CLERK OF THE CITY OF CYPRESS