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SR-201-004 (8) -, \ . - ;2cl-o?J~ . Santa Mon~ca, - r c ~ f--X'-;. ./ .~ . F I : CMD : J W Counc~l Meeting: California June 26, 1984 t,-w JUN 2 6 114 STAFF REPORT To: Mayor and C~ty Council From: City Staff SubJect: Revis10n of FY 1983-84 Gann Lim1t ThlS is to request that the Council adopt the attached resolutlon which revises the C~ty's total FY 1983-84 Gann Llm~t from $32,032,350 to $26,882,949. On October l1, 1983 the Counc1l set the C1ty'S current FY 1983-84 Gann L1m1t at $32,032,350. However, during FY 1983-84 several factors were rev1ewed by Clty staff Wh1Ch 1ndlcated that lt was appropriate that the City's FY 1983-84 Gann L1m~t be revised to $26,882,949. The fo11ow1ng 1S an explanation of these factors and how the Gann Limit was revised. Dur1ng 1982, the State Supreme Court determ1ned ln Carmen v. Alvord that an overr1de of the Proposition 13 (now Article XIIIA of the State Constitution) 1% property tax llffi1tat1on was permitted for employee retlrement contr1but1ons provided the C1ty'S partic1patlon in lts ret~rement program was voter approved prior to July 1, 1978. In short, the Court found that retirement system contr1butlons const~tuted "bonded indebtedness" under the provisions of Proposit~on 13. ill - W JIJN 26 19tN - 1 - l fa Subsequently, on May 16, 1983, - the Los Angeles County Counsel's office stated that in their oplnlon the Carmen decision essentJ.ally required Cl t1es to pass property tax overrJ.des for bonded indebtedness, includ1ng partlc~pation ~n ret1rement systems, approved by the voters prlor to July l, 1978. Further, the County Counsel ma1ntalned that those cities (including Santa Monica) which had not passed property tax oVerr~des had therefore recelved too great a property tax allocatlon for the perlod FY 1978-79 through FY 1982-83 which they should pay back, and beg~nnlng ~n FY 1983-84 should rece1ve less of a property tax allocation. After a great deal of State level negotiat~on, the State Legislature (vJ.a AB 377) delayed resolution of the Carmen related property tax allocatlon issue until FY 1985-86 and forgave any m1sallocation WhlCh allegedly occurred or will occur for the period FY 1978-79 through FY 1984-85. As a result of these two events and subsequent 1nvestJ.gation by City staff which determined that the Clty'S part1c1pat1on 1n PERS was voter approved (election of November 5, 1946 when the current City Charter was adopted), City staff determ~ned that: a) the City's base year Gann Lim1t was too h1gh by that portion of FY 1978-79 appropriations subJect to lim~tatlon Wh1Ch f1nanced non-enterprlse contr1but1ons to PERS, b) the Clty's FY 1983-84 Gann Lim1t should also, therefore, be reduced by the amount of FY 1978-79 non-enterpr1se contributlons to PERS, lnflated (accord1ng to allowable Gaun inflat10n factors) to FY 1983-84, and c) FY 1983-84 appropriatlons subJect to the Gann Llmit should also be reduced by that portion representing non-enterprise PERS payments. In effect, "bonded ludebtedness" (i.e., non-enterpr1se PERS contributlonS), as defined under Propos1tion 13, should be - 2 - '" ~ excluded from Gann~it calculat10ns as permi~d by Proposit1on 4. Th~s determinat10n is quite slgn~f~cant for the C1ty because, as was learned from further analysis, the C1ty'S non-enterpr1se PERS contribut1ons have 1ncreased 89.1% for the period FY 1978-79 through FY 1983-84 (est. act.) whereas for the same period the cumulative allowable Gann Lim1t increase was only 48.0%. Thus, to the degree that the C1 ty' s non-enterprise PERS contribut1on appropriat~ons were and continue to be included ~n Gann Lim1 t calculat1ons, City service levels would eventually have to be curtailed (by reducing appropriat~ons) to accommodate the d~fference 1n these two rates of change. This seems part~cularly unreasonable since the rate of 1ncrease in PERS payments is entirely beyond City control. F1nally, in conjunction with input from the City Attorney's off1ce, C1 ty staff determ1ned that the pn.or classificat1.on of franchise payments and rentdl income as "proceeds of taxes" (the appropr1ation of which therefore 1S subJect to llmi tation) was incorrect. These revenues are in fact exempt revenues under the proviS1ons of PrOpOS1.t1on 4. Hence, these revenues should also be excluded from our annual calculation of the City's Gann L1m1.t and our annual calculat10n of appropriat~ons subJect to Ilmitation. In l1ght of these procedural and substantive changes, the C1ty's Gann Lim1t and appropr1ations subJect to 11mitations (based on the City's adopted FY 1983-84 budget) were recalculated for FY 1983-84. This is shown graphically at Attachment I and is summarized in the following table: - 3 - ~ e It Ado~ted Budget for FY 1983-84 (Init~a1 Gann Calculations) Ongoing Component + Overr1de Component Total = GanD L~m1t $28,636,396 $3,395,954 $32,032,350 Approprlations SubJect to L1mitat~on 28,423,422 2,353,992 30,777,414 Difference $ 212,974 $1,041,962 $ 1,254,936 Adopted Budget for FY 1983-84 (Revised Gann Ca1culatlons) Gann Limit $23,486,995 $3,395,954 $26,882,949 Appropriatlons SubJect to Limitat10n 22,021,411 2,353,992 24,375,403* Dlfference $ 1,465,584 $l,041,962 $ 2,507,546 * $30,777,414 (or1ginal calcu1at1on of appropriations subject to lim1tatlon) - $588,738 (due to franch1se and rental 1ncome reclassif1cation) - $5,813,273 (PERS). Recorrunendat1on: In llght of the above explanatlon, it is recommended the Councll adopt the attached resolution ~h1Ch revises the Clty'S total FY 1983-84 Gann L1mit from $32,032,350 to $26,882,949. Prepared by: Mike Denn~s, D1rector of Finance 4 - t e -- I ReCI'1LCU.LAnll/'J OF F'j J'1lr3- &-q... G~NN LII,)71r:J i. , AP',",OjPltll'll1dY\1S L,,,,,rr ; PrrrflCHmENi I. ------~3- ---~---;;;;;-- -=,;;;'- f'tPI1Ro fIl.J4Ti'NS- St"J~ScT -ru-t.-r1M TTl"T1erpJ----- ------- ~321031.13'O 32.. - ----~ t -~-i'f 3D t \J- l.,"" or- .... t'<)' ~ (OQU...R.. PE) n (-U,b3b,39(, O'N-~O'"'' '-'''''1) :1.1 -~-- ~- H ,., 25'" ~ ~ 2~ ..., ..,j ... ~ it3 "< ~ ~ 1..1- c;, ~ - <;t 2t- -- -- - ------ i g 20 2: <(' ------ H -~-- ----H :-~~-- -If I&' H. "JO,"'17"?-- +f4. --- ~ N . ~ ...... --I :..... ..0 ~L~~'~\.I f" I I I I I J I J I - I . I ---I --- - - - I I - ------ . . I I --- --- ------f - --- - - --- . , , t c- L., " '" .... ,..: lilt- j IN/7IffL '6 ~NN ! C Pl L C.U.t.cll"'IC"'''' - 1 ! FYIQ8"3-8"'J- ~lf,J tKt,''9Ct (0 1Jr:#IOi'l " ~B,q~b,'l~S- (MJ -,..J(, L,""tT) ; - -~- -- - - ~-- - --- - "2't, 37S,- ~o3 ---, .It- . ..... . . .l~2~\-l/ .... "" ~---- .J' ... t" . ----- .- . . I - - ---1 ---- - -- . . . , . I Rfvl~EO~ArJN C It l (. u. LftTl uN - ---j ., o ..... :J --1 ..... 7\ .r. 1) J .... oj .... -t j .... J ~ :;- -t <l) 'J .11 ....) ::l ^ 1) .... ~ o ,.J ;..J ~ oJ :'j C +-> ',j Q ;..J <fl (l) ;::l ...... ~ (l) ~ ()) U .-l +-I .;..t o rfl >- (l) l:: ~ o +-l +-l < >- +J .-l U 4-1 o ~ 1-J ~ o ..0 o c.c ~ . . DISTRIBUTION OF RESOLUTION # f:.7&~ :I: ORDINA\'CE # Council Meetlng Date . 5 -(~ iJ~ Ag~nda Item # ~-~ Introduced: Adopted: Was it amended? lALAl * ALW.4.YS PFBLISH Prof'TED ORDIN.4c\J"CES ~1.....--y-.,. ff~<.__~_~ /~-.""--"'- ~~ III ,JL ~ n:J tJt..- ~~ '7-' ~l.2L.,.", ~^ - ;) VOTE: Afflrmative: Negative: Abstain" Absent: DISTRIBUTION: I! .. ~'v~U-r'-?l...o ,] . r ORIGINAL to be slgned, sealed and filed ln Vault. NEWSPAPER PUBLICATION (Date: Depa rtmen t orlglna t ing s taf f report L.h--1'(~:::--- - /Jr'--l',,{. {i: -<-h"J ~anaaement Serv~ces Lynne Barrette -urdinances only o ,. ~ "'/. J l// _ 4 Agency menti0ned ln document or staff report (certlfied?) Subject flle (agenda packet) ~'. \..,.J./ fl. '--~( - Counter file Others: Alrport Parking Auth. Auditorum Personnel Building Dept. Plannlng Environ. Servo Police (en- forcement?) Finance Purchasing . Fire Recr/Parks General Servo Transportatlon Llbrary Treasurer Manager SE~D FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS, Attn Peter Maclearle 120'~fain _C::tr<:.'et AVQq1 ~~w Jersey_07717 _ SEND F0UR COPIES OF A T.T. ORDTNA;\rr?s,-to ~ PRESIDIKG JUDGE SA~TA MO~ICA MUNICIPAL COURT 1725 MAIN STREET SANTA MONfCA, CA 90401 TOTAL COPIES FI:CMD:jw Counil Meeting: e - June 26, 1984 Santa Mon1ca, Callfornia RESOLUTION NO. 6878(CC5) (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING THE APPROPRIATION LIMIT FOR THE FISCAL YEAR 1983-84 WHEREAS, the City Council may under the provisions of Government Code Section 7910 and Article XIIIB of the California Constitution revise its appropriatlon llrnlt by resolution: and WHEREAS, documentation used in the determlnatlon of the appropriation limit has been available to the publlC for f1fteen days prior to this meetlng as requ1red by Government Code Sect10n 7910, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. For purposes of Article XIIIB of the California Constitution, the City of Santa Monica appropriation limit for the fiscal year 1983-84 is revised to be $26,882,949. SECTION 2. The City clerk shall certlfy to the adopt1on of the Resolution, and thenceforth and thereafter the same shall be 10 full force and effect. APPROVED AS TO FO&~: - , ---- -".. ....~-..... ~~-- ROBERT M. MYERS City Attorney e e Adopted and approved this 26th day of June, 1984. -~ ~ ~ /" C c;/"--L / .~..-J Mayor I hereby certify that the foregoing Resolution No. 6878(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on June 26, 1984 by the following Council vote: Ayes: Councilmembers: Conn, Epstein, Jennings, Press, Reed, Zane and Mayor Edwards Noes: Councilmembers: None Absent: Councilmernbers: None Abstain: Councilmembers: None ATTEST: / .~---r-"'----"1I -----"----- -- City Clerk fI/ , . e ~S-2: GANN LIMIT OVERRIDE: Presented was provid 1 ng in format ion on the Cl ty' s Gann Limi t need for and nature of possible overr~de Discussion was held. CITY COUNCIL !'IINUTES JUNE 26, 2.984 e a staff report status and the conslderations. --. /