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File Number: 18-255 <br />ordinance. <br />SECTION 2. AMENDMENT OF CONTRACT.An amendment to the contract between <br />the City of San Leandro and the Board of Administration, California Public Employees’ <br />Retirement System is hereby authorized, a copy of said amendment being attached hereto, <br />marked Exhibit A, and by such reference made a part hereof as though herein set out in full. <br />SECTION 3. CITY MANAGER AUTHORITY.The City Manager of the City of San <br />Leandro is hereby authorized, empowered, and directed to execute said amendment for and on <br />behalf of said City. <br />SECTION 4. URGENCY FINDINGS AND DECLARATION. The City Council finds and <br />declares that this Ordinance must be adopted as an urgency matter because it is necessary for <br />the immediate preservation of the public peace, health, and safety. The following facts and <br />circumstances support such necessity: This Ordinance implements the provisions of the <br />Agreement negotiated in good faith and entered into between the City and the San Leandro <br />Police Officers Association. The Agreement requires that the agreement between CalPERS and <br />the City be effective July 1, 2018. Failure to provide for an effective date of July 1, 2018 would <br />constitute a breach of the Agreement. On May 7, 2018, the City Council adopted the Resolution <br />of Intention and introduced an ordinance to amend the contract with CalPERS. Second reading <br />of that ordinance will not occur until June 4, 2018 because Government Code Section 20471 <br />requires that an ordinance implementing a CalPERS contract amendment cannot be approved <br />until at least 20 days after adoption of the Resolution of Intention. Thus, the adoption of this <br />urgency Ordinance is necessary to ensure an effective date of July 1, 2018. <br />Based on said findings, facts and circumstances, the City Council finds that this Ordinance <br />should be adopted as an urgency ordinance for the immediate preservation of the public peace, <br />health and safety, and that it is necessary that this Ordinance should go into effect as described <br />below. <br />SECTION 5. SEVERABILITY. If any section, subsection, subdivision, paragraph, <br />sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is <br />for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not <br />affect the validity or enforceability of the remaining sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other <br />person or circumstance. The City Council of the City of San Leandro hereby declares that it would <br />have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase <br />hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. <br />SECTION 6. EFFECTIVE DATE AND PUBLICATION. This ordinance shall be effective <br />immediately upon adoption pursuant to San Leandro Municipal Code Section 1-1-345. The City <br />Clerk is directed to publish the title once and post a complete copy thereof on the City Council <br />Chamber bulletin board for five (5) days following adoption. <br />Page 2 City of San Leandro Printed on 5/30/2018 <br />204