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88-247RESOLUTION NO. 88R-247 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ANAHEIM. WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedures by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contact, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21382.4 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local safety members, and Reclassification of Certain Local Miscellaneous Members to Local Safety Member Status pursuant to Government Code Section 20020.9. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Anaheim does hereby give notice of intention to approve an amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as Exhibit "A" and by this reference made a part hereof. The foregoing Resolution is approved and adopted by the City Council of the City of Anaheim this 28th day of ATTEST: CITY CLERK OF THE CITY OF ANAHEIM June , 1988. MAYOR OF THE ANAHEIM APPROVED AS TO FORM: ~TY ATTORNEY- OI~THE 'CITY ~F AN~EIM CL~RK STi~'i'E OF CALIFORNIA ) COUNIY OF OR, GE ) ss. CiTY OF ANkHEiM ) i, LEONORA N. SOHL, City Clerk of t~ City of Anaheim, do hereby certify that the foregoing Resolution No. USR-247 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of June, 1988, by the following vote of tae members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEltERS: None AH~O I FURTHER certify ti~mt the Mayor of the City of Anaheim signed said Resolution No. 88R-247 on the 29th day of June, 1988. iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of June, 1988. CITY CLERK OF THE CITY OF ANAHEIM (SEA1,) i, ~EONORA N. SOHL, City Clerk of t~m City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. ~8R-247 duly passed and adopted by the Anaheim City Council on June 28, 1988. CITY CLERK OF THE CITY OF ANAHEIM b ~ }'~ OF ANAHEt~i APPROPI~IAi IONS LiMI ! YEAR t;OHMENCiNG JULY 1~ ~988 AND ENDING JUNE 1989 tgu~ ~h9 AF'F'Ri]PFO:A]iC~NS iiMI] CALCULATION AND CO.N~PAF~S3N <2F APPFL]P~iA.~iC~NS BSE~JECF TL] LIMIT Tr) Limi L '! . 0422 ~! iC',763,064 It0,608,085 ~4,829,!80 4.2% ~_. ,, ......-1r_i'4, FACTORS and T~xati:)n Cod,~ UN] TED ~::TATE:S CONSdMEF PF:[CE iNDEX - ALL ! 987 ]. 988 ! l EMS Pr)FULATiON AND CONSUMEF h-R!L]E ]iNDEx CONUEPTED TO AN ADJL!S]~4E~ FACTOR iA'l: J.~-3% Converted t:3 a Xactor ~at:i~ o~ chan~e~ i,0t28 X I ;63%i = 335, 9 -];49. i i3,2 0028 0 ~ 28% 3 ~ 93X t. 04:22 e~F'F'ROPRiA[ZON:S S~JBdEC] i'E' LIM!I ~L~_UL.H, ~ .... - TiON !~tal ~!i ~e~/enues eOu~e by No~-F'poceeos o~ faxes 410,968,551 ~dd Lise~ ~ees ~n Excess o~ Costs 641,070 AOO bser Fees in Replacement o~ laxes I~8~)6,555 Sub~=c? Debt Service ~ppropp~ations 774,573 $77,881,56U 78~522~63© 80,399~185 $79,~24,6~ !o~a~ Ai ~ Apc~rop~iations Subt~aci Oeb~ Sea-vice Appropriations Add ~ser eees in Excess o~ Costs Ado App~'~priations ~o~ Fun[tions Forme~~ [y lax SupporteO ApOcoppla{ions S~aO~ect to Limi~ $519,833, 5~4 968 ~ 5:~ 1 64 i, 070 $108~ 865,033 108, ogu, 460 108,731,530 $110,608,085 i'rop~rt ionment t:alcuJation nt er-es? PROCEEDS OF [AX~S $76, 7]1~348 15,807,957 $ ~OO~ 251,505 2, t25~ 080 6~88,~48 NON-PROCEEDS OF ]AXES ~2~535,466 2,751,000 51,886,604 255,5~9,214 5,~97,922 6~,605,059 4~909,315 10,885~008 $378,451,469 79.1% 8,022,237 24~494,~5 $41O,968,53I TOTAL $76,7il,348 i5,8©7,957 2~,5~5,46o 6,~5i~90t 2,751,000 33,486~604 ~41,66i~14 5~I97~922 60,605,~39 4,909,315 10,885,008 $478, ZU~,774 100.0% IU~147,317 50~983,473 $519,835,564 TEXT OF GANN SPENDIN(i-LIMITATION INITIATIVI'.' EXHIBIT F LIMITATION OF GOVERNMENT APPROPRIATIONS. INITIATIVE CONSTITUTIONAl, AMENDMENT. Establishes and dcfines anmnd appropriation limits on state and loenl governmental entities based on anm,al appropriations for prior fiscal year. Requires adjustments for changes in cost of living, population and other specified factors. Appropriation limits may be established or temporarily changed by electorate. Requires revenues received in excess of appropriations permitted by this measure to be returned by revision of tax rates or fee schedules within two fiscal years next following year excess created. With exceptions, provides for reimbursement of local governments for new programs or higher level of services mandated by state. Financial Impact: Indeterminable. ARTICLE Xill B. See. l. The total annual appropriations subject to limitation of the state and of each local government shall not exceed the appropriations limit of such entity of government for the prior year adjusted for changes in the cost of living and population except as otherwise provided in this Article. See. 2. Revenues received by any entity of government in excess of that amount which is appropriated by such entity in compliance with this Article during the fiscal year shall be returned by a revision of tax rates or fee schedules within the next two subsequent fiscal years. See. 3. The appropriations limit for any fiscal year pursuant to Sec. 1 shall be adjusted as follows: (a) In tile event that the financial responsibility of providing services is transferred, in whole or in part, whether by annexation, incorporation or otherwise, from one entity of government to another, then for the year in which such transfer becomes effectivc the appropriation~ limit of the transferee entity shall be increased by such reasonable amount as the said entities shall mutually agree and the appropriations limit of the transferor entity shall be decreased by the same amovnt. (b) In the event that the financial responsibility of providing services is transferred, in whole or in part, from an entity of government to a private entity, or the financial source for the provision of services is transferred, in whole or in part, fro[n other revenues of un entity of government, to regulatory licenses, user charges or user fees, then for the year of such transfer the appropriations limit of such entity of govern,nent shall be decreased accordingly. (c) In tile event of an emergency, tile appropriation limit may be exceeded provided that tile approprialion limits in the following three years are reduced accordingly to prevent all aggregate increase in appropriations resulting from the emergency. See. 4. The appropriations limit imposed on any new or existing entity of governmenl by this Article may be established or changed by lhe electors of such entity, subject to and in conformity with constitutional and statutory voting requirements. The duration of any such change shall be as determined by said electors, but shall in no event exceed four years from the most recent vote of said electors creating or continuing such change. lof 3 EXHIBIT F S~:e. 5. E~eh entily of govern:ucn~ m~!! ':~h~bL, sb ~;;!cn contingency, ume~eney, .easonable and p~oper. Oontributio,~s ~o ~liy :;Limb ~U[Id, tO ihe e~'tent limt suoh eontribations are derived from ~he proee(,ds ~,r ~axes, slmll for purposes o~ thi~ Art,cie eons:itme appropriations sul)j.~et to limilali(m h, H,c year ('.[ eontriDuti,)n. Neitl~er withdr, wals from shy such fund, nor cxpe~.dih~r,:s ,)1 (od nulhori~.lion~ to e~DePd) sunh withdrawals, nor transfers bntween or amon~ such funds, shall for purposes of tins Article reinstitute appropri.tions subject to hmit.tioa. See. 6. Whenever the Legislature or any slaie agency mandates a new program or high¢? level of service on any ]o,.~1 g,)vernlaenl, tile stale slm]l provide a subvention of funds to reimburse such l~e,d ~overnment for the' costs of such program or increased level of service, except that the Legislature mey, bui need not, provide such ~ubvention of tun& for the following mandates; (al Legislative mandates requested bv the Ideal agency affected; (bi 'Legislation defining a new erim~ or changing an existing definition of a crime; or (el Legislative mandates enacted prior to January 1, 1975, or executive orders or regulations initially implementing legislatien enacted prior to January 1, 1975. Sec. 7. Nothing in this Article shall be construed to impair the ablility of the state or of any local government to meet its obligations with respect to existing or future bonded indebtedness. Sc, c. 8. As used in this Article and exeep! as otherwise expressly provided herein: (a) "Appropriations subject to limitation" of tile state shall mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of state subventions for the use and operation of local government (other than subventions made pursuant to Section 6 of this Article) and further exclusive of refunds of taxes, benefit payments from retirement, unemployment insurance and disability insurance funds; (b) "Appropriations subject to limitation" of an entity of local government shall mean any authorization to expend during a fiscal year the proceeds of taxes levied hy or for that entity and the proceeds of state subventions to that entity (other than subventions made pursuant to Section 6 of this Article) exclusive of refunds of taxes; (el "Proceeds of taxes" shall include, but not be restricted to, all tax revenues and the proceeds to an entity of government, from (il regulatory licenses, user charges, and user fees to tile extent that snch proceeds exceed the costs reasonably borne by such entity ill providing the regulation, product, or service, and (ii) the investment of tax revenues. With respect to any local government, "proceeds of taxes" shall include subventions received from the state, other than purmetnl to Section 6 of this Attic!e, with respect to the state, proceeds of taxes shall exclude sneh subventions; id) "l,ocal gow~rnment" slmll me,tn any city,, county, city and county, school district, specutl district, authority, or other political subdivision of o,' within the state; (c) "Cost o1' living" ~hall inean tile Consun{e,, Price Index for the United States m, reported i)y Ill(, Uniled Sttltes Department of Labor, or successor agency of the baited ~l'ates Governmenl; provided, however, lhat for purposes of Section 1, tile change ir, cost of living rrm. Ihe preceding year shall in Ilo event exceed the eh:rage in California per eat)itc personal income from said preceding year; 2of 3 EXHIBIT F (f) "Population" of any entity of g()ver~lment, otl,(~r Ihml u school district, shall be delermined by a metho,l prescribed by the l,cgish~h,rc, provided thai such determination shall be revised, as necessary, Io reflect the I)cr~)(hc census ('unducted by tile United States I)epavtmenl of (?omlnerce, or su(,ccssor ~gcuey of thc United States (lovernmcnt. The Impu]alion of any school district slmll bc such school district's average daily attendance as determined by a method prescribed by thc I,cgislature; (g) "Debt service" shall mean appropriations required to pay the east of interest and redemption charges, including the funding of any reserve or sinking fund required ill eonneetion therewith, on indebtedness existing or legally authorized as of January I, 1979 or on bonded indebtedness thereafter approved according to law by a vote of the eleetors of the issuing entity voting in an eieetion for such purpose. (h) The "appropriations limit" of each entity of government for each fiseal year shall be that amount which tote{ annual appropriations subject to limitation may not exceed under'Section 1 and Section 3; provided, however, that the "appropriations limit" of each entity of government for fiscal year 1978-79 shall be the total of the appropriations subject to limitation of such entity for that fiscal year. For fiscal year 1978-79, state subventions to local governments, exclusive of federal grants, shall be deemed to have been derived from the proceeds of state taxes. (i) Except as otherwise provided in Section 5, "appropriations subject to limitation" shall not include local agency loan funds or indebtedness funds, investment (or authorizations to invest) funds of thc state, or of an entity of local government in accounts at beaks or savings and loan associations or in liquid securities. See. 9. "Appropriations subjeet to lilnitation" for each entity of government shall not include: (a) Debt service. (b) Appropriations required for purposes of complying with mandates of the courts or the federal government which, without discretion, require an expenditure for additional services or which uuavoidably make the providing of existi~lg services more costly. (e) Appropriations of any speeial distriet which existed on January 1, 1978, and which did not as of tile 1977-78 fiscal year levy an ad valorem tax on property in excess of 12] cents p~er $100 of assessed value; or the appropriations of any special district then existing or thereafter created by e vote of the people, which is totally funded by other than the proceeds of taxes. See. Ill. Th{.~ Article ~;huil be effective commencing with tile first day of the fiscal year following {ts adopttou. See. II. If any apl)rol)riution category shall be added to or removed from approprialions snhject ill limit~Hion, pursuant to final judgment of any court of competent jurisdiction ~u)d ,my opI~H therefrom, the al)prop'riations limit shall he adjusted accordingly. If a,,y section, part, cb, use or phrase in this Article is for any reason held invalid or uncn~stilutionul, the remaining portions of this Article shall not be affected but sh:dl remain in full force ,,nd effect. 3of 3 DEPARTMENT OF FtNANCE &&C~.dl~ffO, C& ~1ll4.~,~ EXHIBIT G CITY OF ANAHEIM May 1, 1988 ~f~¥ 5 1988 FINANCE DIRECTOR PRICE AND POPULATION DATA FOR LOCAL JURISDICTIONS Appropriations Limit Article XIIIB of the California Cu,',stitution specifies that appropriations made by State and local governments may increase annually by a factor comprised of the change in population and the change in the U.S. Consumer Price Index or California per capita income, whichever is less. The Department of Finance is mandated to provide the reouisite change data for local jurisdictions to calculate their appropriation limits. The enclosures contain the new price and population factors for setting your 1988-89' appropriation limit. Enclosure I provides the price factor to be used in the calculation. Included is an example of now to utilize the factors in calculating your new limit. Enclosure II provides the population percent change factor for your city or county. These are ~stimated pursuant to Sections 2227 and 2228 of the Revenue and Taxation Code. Special Districts For special districts, tne population percent change factor for the city or county in which the district is located is to be used. If a district is located entirely within one county, the county's change factor is to me useO. If a district is located entirely witnin the unincorporated area, the county or the unincorporated area of the county population change is to be used. If it is necessary to determine a weighted average because district boundaries overlap several jurisdictions (two or more cities, city and county unincorporated), contact the Population Research Unit, Department of Finance phone (916) 322-4651 for the appropriate procedures. A special district may, no later than June l, 1988, request the Population Research Unit to prepare a special district population change estimate for the district. Certification Enclosure III explains certification of their passes, the procedure for certification will read these changes carefully. the procedure to be used by cities and counties for January l, 1988 population estimate. If AB 2849 differ from prior years. Please E>, -~IT G -2- Questions concerning population should be referred to the Population Research Unit at (916) 32g-4651. For euesttons regarding price data contact the Financial Research Unit at (916) 322-~263. For general Questions concerning determination of the appropriation limit contact the Budget Operations Support Unit at (916) 445-5332. Enclosures ID #237 Very trulyJ~Qu, rs~ / Director of Finance EXHIBIT G Enclosure ] Price Factor: Section 7901 of the Government Code specifies that the percentage change in the lesser of the March to March U.S. All Urban Consumer Price Index (CPI) or California 4th Quarter per capita personal income is to be used as an annual percent change in determining the appropriation limit. The percent change to be used in setting the 1988-89 limit is: U.S. Consumer Price Index: 3.93 Population Percentage Change: The attached city and county population percentage changes were prepared pursuant to Sections 2227 and 2228 of the Revenue and Taxation Code and are calculated as of January 1. The change from January l, 1987 to January l, 1988 is used in setting the 1988-89 appropriation limit. C. Example using the factors for the State's appropriation limit: Price: 3.93; Converted to a factor 1.0393 Population: 2.51; Converted to a factor 1.0251 Ratio of change: 1.0393 X 1.0251 = 1.0654 The change factor of 6.54 is applied to the 1987-88 appropriation limit to obtain the 1988-89 limit. EXHIBIT G ANNUAL PERCENT CHANGE IN POPULATION MINUS EXCLUSIONS PURSUANT TO SECTION 2227, REVENUE AND TAXATION CODE, JANUARY 1987 AND 1988 AND TOTAL POPULATION JANUARY 1, 1988 ENCLOSURE II DATE PRINTED 04/29/88 3UNTY CITY ORANGE ANAHEIM BREA BUENA PARK COSTA MESA CYPRESS FOUNTAIN VALLEY FULLERTON GARDEN GROVE HUNTINGTON BEACH IRVINE LAGUNA BEACH LA HABRA LA PALMA LOS ALAMITOS NEWPORT BEACH ORANGE PLACENTIA SAN CLEMENTE SAN JUAN CAPISTR SANTA ANA SEAL BEACH STANTON TUSTIN VILLA PARK WESTMINSTER YORBA LINDA UNINCORPORATED ANNUAL CHANGE MINUS EXCLUSIONS 1.98 0.28 -1.21 0.44 2.08 -0.01 0.10 0.35 0.04 0.44 3.88 28.77 O.55 -0.51 0.04 2.59 1.54 4.92 6.79 2.70 1.71 -0.53 0.65 5.79 -0.78 0.49 8.00 3.77 1-1-87 POPULATION MINUS EXCLUSIONS 2,180,831 242,333 33,091 65,894 89,002 43,318 55,644 110,217 134,253 186,913 94,217 18,829 48,529 16,158 11,170 67,843 103,350 39,161 35,116 23,748 227,569 26,577 28,102 38,902 6,956 73,402 42,635 317,902 1-1-88 POPULATION MINUS EXCLUSIONS 2,224,039 243,021 32,690 66,182 90,856 43,314 55,702 110602 134306 187 740 97 873 24 247 48 798 16 076 11 174 69,597 104,945 41,088 37,501 24,390 231,460 26,437 28,284 41,153 6,902 73,763 46,044 329,894 TOTAL POPULATION 1-1-88 2,238,721 243,O21 32,690 66,182 91,891 43,314 55,702 110,602 134,306 187,740 97,873 24,247 48.,798 16,076 12,115 69,597 104,945 41,O88 37,501 24,390 231,460 27,329 28,284 45,765 6,902 73,763 46,044 337,096