11163
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
June 11, 2024
Agenda Item No. 5
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Jason AI -Imam, Finance Director/Treasurer - 949-644-3126, [email protected]
PREPARED BY: Anthony Alannouf, Budget Analyst - 949-644-3122, [email protected]
TITLE: Resolution No. 2024-36: Adoption of Fiscal Year 2024-25 Appropriations Limit
ABSTRACT:
As a governmental entity, the City of Newport Beach is subject to the Gann Appropriations Limit Initiative, which determines the amount that the City can spend from its tax revenues. The limit is adjusted annually for changes in population, combined with the change in California per capita personal income, and must be adopted by resolution. For Fiscal Year 2024-25, applicable tax proceeds are estimated at $233,141,000 and the City's Gann appropriation limit totals $256,289,570. Therefore, the City will be $23,148,570 under the Gann Spending Limit.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly-, and
b) Adopt Resolution No. 2024-36 A Resolution of the City Council of the City of Newport Beach, California, Determining and Establishing the Appropriations Limit for Fiscal Year 2024-25 in Accordance with Article X111B of the California Constitution and Government Code Section 7910, in the amount of $256,289,570.
DISCUSSION:
Article XIIIB of the California Constitution specifies that appropriations of government entities may increase annually only by a limited amount, primarily to allow for population increases and inflation. Each local government is required to establish its appropriations limit by resolution each year at a regularly scheduled or noticed special meeting of the City Council. The attached resolution (Attachment A) is submitted for City Council consideration, which fulfills this requirement.
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Resolution No. 2024-36: Adoption of Fiscal Year 2024-25 Appropriations Limit June 11, 2024
The calculation of the City's Appropriations Limit for Fiscal Year 2024-25 is:
FY2023-24 Appropriations Limit
$246,571,634
Inflation Adjustment Factor'
3.62%
Population Adjustment Factor
0.31 %
FY2024-25 Appropriations Limit
$256,289,570
' Based on California per capita income increases as provided by the California Department of Finance, May 2024.
2 Based on Orange County population growth as provided by the California Department of Finance, May 2024.
The City's estimated proceeds from taxes for Fiscal Year 2024-25 is $233,141,000 or $23,148,570 less than the $256,289,570 appropriations limit. Calculation of proceeds of taxes can exclude certain public fund uses, including categories of debt service, contributions to some types of revenues, and federal mandates. The exclusion calculation was not performed as the City continues to maintain appropriations significantly below its appropriations limit.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
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The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Resolution No. 2024-36
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ATTACHMENT A
RESOLUTION NO. 2024- 36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DETERMINING
AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2024-25 IN ACCORDANCE WITH
ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION
AND GOVERNMENT CODE SECTION 7910
WHEREAS, Article XIII B was added to the California Constitution at the special State-wide election held November 6, 1979 (commonly known as Proposition 4); WHEREAS, Government Code Section 7910 was added to Chapter 1205 by Statute at the Regular Session of the California Legislature in 1980; WHEREAS, Proposition 111, which, among other things, provides new annual adjustment formulas for the Appropriations Limit, was approved by the voters in June, 1990; WHEREAS, the State of California Department of Finance has published population and per capita income growth indexes, as well as guidelines for the uniform application of Proposition 111;
WHEREAS, Government Code Section 7910 requires the governing body of each local jurisdiction to adopt, by resolution, its appropriations limit; and WHEREAS, said appropriations limit must be adhered to in preparing and adopting the City of Newport Beach's annual budget.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: In accordance with Article XIII B of the California Constitution and Government Code Section 7910, the appropriations limit for the fiscal year commencing July 1, 2024, for the City of Newport Beach is $256,289,570. The computation of appropriations for the 2024-25 fiscal year are set forth in detail in Attachment A hereto, which is incorporated herein by this reference.
Section 2: Said appropriations limit shall be adhered to in the City of Newport Beach budget for the 2024-25 fiscal year.
Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 5-3
Resolution No. 2024-
Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 11 th day of June, 2024.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
G, --
, C
Aaron C. Harp
City Attorney
Attachment A: Computation of Appropriations Limit for FY 2024-2025 5-4
Attachment A
CITY OF NEWPORT BEACH
COMPUTATION OF APPROPRIATIONS LIMIT FOR
FISCAL YEAR ENDING JUNE 30, 2025
AS PER ARTICLE XI1113, CALIFORNIA STATE CONSTITUTION
PRIOR YEAR
FISCAL YEAR LIMIT
INFLATION POPULATION
ADJUST. (1) ADJUST. (2)
NEW APPROP.
LIMIT
2024-2025 246,571,634 3.62% 0.31% 1 256,289,570
note (1): Based on California per capita income increases note (2): Based on Orange County Population growth
CALCULATION OF ESTIMATED PROCEEDS OF TAXES FOR
FISCAL YEAR ENDING JUNE 30, 2025
Total Estimated Proceeds of Taxes $233,141,000
Less Authorized Exclusions note (3) $0
Net Proceeds of Taxes $233,141,000
note (3): Since 2024-25 estimated proceeds are substantially less than the Appropriations Limit, exclusions were not calculated.
AMOUNT UNDER APPROPRIATIONS LIMIT 23,148,570
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