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HomeMy WebLinkAboutReso - CC - 050-2018RESOLUTION NO. (EDfi8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE MAYOR TO SEND A LETTER OF OPPOSITION REGARDING ASSEMBLY BILL 1912, PUBLIC EMPLOYEES' RETIREMENT: JOINT POWERS AGREEMENTS: LIABILITY WHEREAS, the Joint Exercise of Powers Act (Government Code Section 6500 et seq., the Act) provides that two or more public agencies may by agreement jointly exercise any power common to the parties to the agreement and may by that agreement create an entity, a Joint Powers Authority (JPA), which is separate from the parties to the agreement; and WHEREAS, JPAs play a vital role in promoting regional and, in some cases, statewide collaboration in addressing public needs that cannot be effectively achieved by each local government agency acting on its own, and WHEREAS, the City of Burlingame is a member of several JPAs and benefits from the efficiencies and services provided by JPAs; and WHEREAS, Assembly Bill (AB) 1912 places substantial burdens and new unworkable requirements on cities by applying retroactive as well as prospective joint and several liability for all retirement related obligations to any current or former member of a JPA throughout its existence; and WHEREAS, AB 1512 would mandate that a public retirement agency file suit against all agencies that have ever been a member of a terminated JPA for all retirement related obligations and prohibits any retirement system from approving a new JPA without express joint and several liability provisions; and WHEREAS, AB 1 912 conflicts with the California constitutional debt limit provisions prohibiting an agency from incurring indebtedness beyond the agency's ability to pay the debt back from revenues received in the same fiscal year without the approval of two{hirds of its voters; and WHEREAS, AB 1912 grants exclusive authority to the CaIPERS public retirement agency to unilaterally assign liabilities to all current and former agencies of a JPA "in an equitable manned', retroactively, without regard to the specific liabilities of potentially hundreds of agencies; and WHEREAS, AB 1912 creates funding and operational impairments, owing to the Governmental Accounting Standards Board (GASB) issued regulations (GASB 68,2012 and76, 2015) that require each state and local agency to report all financial liabilities associated with public pension and OPEB liabilities: and WHEREAS, AB 1912 holds all agencies of a JPA accountable for the investment shortfalls, future discount rate reductions, and other assumption changes made by the retirement agencies even if the agencies are able to pay the lump sum amount of the current unfunded liability from the JPA; and I WHEREAS, these reporting standards play a vital role in assessing the fiscal health and viability of an agency; and WHEREAS, AB 1912 specifies that these provisions apply retroactively to all parties, both current and former, to the joint powers agreement, and so apply to all existing joint powers agreements; and WHEREAS, AB 1912 would also require any current agreement that does not meet these requirements to be reopened to include a provision holding all member agencies party to the agreement jointly and severally liable for all of the public agency's obligations to the system. The City of Burlingame opposes AB 1912 and authorizes the Mayo. to send a letler of opposition to the bill's author, Assemblymember Rodriguez, with a copy to the League of California Cities and others. Mayor Michael B nngg I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 16th day of April, by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ci 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY RESOLVE THAT: