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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE N0.2010-004 (1092) AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SAN LEANDRO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) WHEREAS, the current contract between the City of San Leandro ("City") and the Board of Administration, California Public Employees' Retirement System ("Ca1PERS") allows local miscellaneous members to retire with benefits based on one-year final compensation and the 2.5% at 55 full formula; and WHEREAS, the City and its employees' bargaining units have negotiated to amend the current contract to allow local miscellaneous employees entering Ca1PERS membership for the first time in the miscellaneous classification following the effective date of the amendment to the contract to retire with benefits based on three-year final compensation and the 2% at 55 full formula. NOW THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: SECTION 1. An amendment to the contract between the City Council of the City of San Leandro and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as "Exhibit A," and by such reference made a part hereof as though herein set out in full. SECTION 2. The City Manager of the City of San Leandro is hereby authorized, empowered, and directed to execute said amendment for and on behalf of the City. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of San Leandro hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. SECTION 4. EFFECTIVE DATE. This ordinance shall be effective thirty (30) days after adoption pursuant to San Leandro Municipal Code Section 1-1-345, and said amendment to the contract shall take effect May 6, 2010 as set forth in particular provisions of the law prescribing the manner of its passage and adoption. This ordinance implements the provisions of labor