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HomeMy WebLinkAbout1988-456 t# . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 --I , '.' .... :. ,,'." "''C',.'" .<",.:-"'''''''-k'''''~T' h "'.- ''he ."'," . . RESOLUTION NO. 88-456 RESOLUTION OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER AMENDMENT WHICH WOULD REPEAL THE AUTHORITY OF THE CITY TO IMPOSE A SPECIAL TAX TO PAY THE CITY'S COST FOR THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR CITY EMPLOYEES AND CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD CONCURRENTLY WITH AND CONSOLIDATED WITH THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON MARCH 7, 1989. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals A. Resolution No. 88-455 has been adopted by the Mayor and Common Council of the City of San Bernardino on this date, November 28 1988 , submitting to the electors of the City of San Bernardino a proposed Charter Amendment, a copy of which is attached hereto as Exhibit "A" and is hereby incorporated herein as though fully set forth. B. March 7, 1989 is the date of the 1989 Primary Municipal Election. SECTION 2. Measure The measure to be voted on at the municipal election as it is to appear on the ballot shall be as follows: MEASURE A REPEALS SECTION 234C OF THE CITY CHARTER WHICH IMPOSED A SPECIAL TAX TO PAY THE CITY~S COST FOR THE PUBLIC EMPLOYEES' RETIREMENT- SYSTEM FOR CITY EMPLOYEES AGAINST MEASURE FOR THE MEASURE -------------------------- THE The measure shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure as provided in the Elections Code of the State of California. 11/30/88 1 ~. . ~, 1 2 3 4 5 6 7 RESOLUTION REPEALING THE AUTHORITY OF THE CITY TO IMPOSE A SPECIAL TAX TO PAY THE CITY'S COST FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR CITY EMPLOYEES SECTION 3. Notice of Election The City Clerk is hereby directed to publish a notice of the municipal election which shall contain the following: A. The date of the election; B. That the last day for receipt of primary arguments for 8 or against the measure has been established as 4:30 p.m. on 9 December 19, 1988, in the City Clerk's Office, Second Floor, City 10 Hall, 300 North "0" Street, San Bernardino, California; 11 C. That the last day for receipt of rebuttal arguments is 12 4:30 p.m. on December 29, 1988, in the City Clerk's Office at the 13 above location. 14 The City Clerk is directed to accept arguments and arrange 15 for sample ballots, which shall include the text of the proposed 16 ordinance, and all other information as required by Sections 17 18 19 20 21 22 23 5010, et seq., 5350 of the Elections Code and Section 34456 of the Government Code. This notice may be combined with a notice of any other special municipal election be held on the same date. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San regular Bernardino at an adiourned/ meeting thereof, held on the 28th day 24 of November , 1988, by the following vote, to wit: 25 III 26 III 27 III 28 DAB:cez November 28, 1988 2 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION REPEALING THE AUTHORITY OF THE CITY TO IMPOSE A SPECIAL TAX TO PAY THE CITY'S COST FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR CITY EMPLOYEES AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Miller NAYS: Council Member Pope-Ludlam ABSENT: None ~~~37/l/~~/ " City Clerk The foregoing resolution is hereby approved this ,3()r( day of NnVAmhAT 1988. ~O?JM~ City of San Bernardino Approved as to form and legal content: DAB:cez November 28, 1988 3 ANALYSIS BY CITY ATTORNEY Background In 1944, the electors of the City voted to require that the Mayor and Common Council enter into an Agreement with the state Employees Retirement System (now the Public Employees Retirement System) for city employees. As part of the enactment, the Mayor and Common Council were directed to levy a tax, over and above any other limitations, to fund the City's cost for such Agreement. In 1978, the voters of the State approved Proposition 13 which added Article XIII A to the State Constitution to limit, with certain exceptions, all property tax to one percent (1%) of the value of the property. Following the passage of Proposition 13, there was much confusion around the State as to its application. The City took the position at that time that the tax for the Public Employees Retirement System could no longer be imposed and such collection ceased. However, the 1982 State Supreme Court case of Carman v. Alvord concluded that a similar tax in the City of San Gabriel could be collected. With this court decision and the wording of the charter that the tax shall be collected, the City has no choice but to proceed to collection. Proposal This measure would amend Section 234 of the Charter of the City of San Bernardino by repealing the requirement (and the power) to impose a tax for the Public Employees' Retirement 1 . . . : * System greater than the Proposition 13 one percent (1%) limit. If this measure is not approved, the power and requirement to impose the tax will remain, and the City will proceed to levy and collect the tax. A copy of the proposed Charter Amendment may be obtained, at no cost, by calling the Office of the City Clerk of the City of San Bernardino 2 PROPOSED CHARTER AMENDMENT NO. A "Section 234. Reimbursement for Expenses. That elective officers shall be entitled to receive reimbursement for their necessary expenses while engaged on municipal business, including mileage in the City of San Bernardino, such expenses not to exceed the expenses authorized for other City employees or officers. (a) The Mayor and Common Council shall, with all due diligence, contract with the Board of Administration of the State Employees Retirement System, and do all things necessary to provide for the participation by the City of San Bernardino and the employees thereof, in the State Employees Retirement System, with full credit being given to the employees of said City for prior service rendered. (b) That any contract so entered into by said Mayor and Common Council with the Board of Administration of the State Employees Retirement System shall only be terminated by an ordinance adopted by a majority vote of the electorate of the City of San Bernardino. ~e7 ~fte-M6ye~-~~~-eeHfte~r-sfi611,-~~,--~-a ~ax-k~~~-~fte-eeli~6tieRs-~-k~-e~~y-te-k~~t~t~-Effi~reyeeS He~~~effieft~-Sys~effi-aftd-~fte-r~ffi~~a~~efts-e~-~fte-efta~~e~-w~~ft-~es~eet ~e - tRe - -i e~y- ~ -co-l-l-eot-i-on- -c-:E- -~aJfes - sRa % % - fle:t- -appi -y- -t-o- -any- -sHeR ~aJf-se-}-eV1'~ed:-ll Cross-outs signify proposed deletion. to be added. Nothing is proposed EXHIBIT "A"