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CITY OF
NEWPORT BEACH
City Council Staff Report
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ABSTRACT:
June 23, 2020
Agenda Item No. 4
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Dan Matusiewicz, Finance Director - 949-644-3123,
dmatusiewicz@newportbeachca.gov
Shannon Espinoza, Budget Manager
949-644-3021
Resolution No. 2020-60: Adoption of Fiscal Year 2020-21
Appropriations Limit
As a governmental entity, the City 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 2020-21,
applicable tax proceeds are estimated at $158,669,992. The City's Gann appropriation
limit totals $209,205,320. Therefore, the City is more than $50,535,328 under the Gann
Spending Limit.
RECOMMENDATION:
a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly;
and
b) Adopt Resolution No. 2020-60, A Resolution of the City Council of the City of Newport
Beach, California, Determining and Establishing an Appropriations Limit for Fiscal
Year 2020-21 in Accordance with Article X111B of the California Constitution and
Government Code Section 7910, in the amount of $ 209,205,320.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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 submitted for Council approval fulfills this
requirement.
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Adoption of Fiscal Year 2019-20 Appropriations Limit
June 11, 2019
Page 2
The calculation of the City's Appropriations Limit for Fiscal Year 2020-21 is:
FY 2019-20 Appropriations Limit
$201,601,920
Inflation Adjustment Factor
3.73
Population Adjustment Factor2
0.04
FY 2019-20 Appropriations Limit
$209,205,320
1 Based on California per capita income increases as provided by the California Department of
Finance, May 2020.
2 Based on Orange County population growth as provided by the California Department of
Finance, May 2020.
The City of Newport Beach estimated proceeds from taxes for Fiscal Year 2020-21 is
$158,669,992 or $50,535,328 less than $209,205,320 Appropriations Limit. Calculation
of proceeds of taxes can exclude certain public fund uses, including categories of debt
service, contribution to some types of revenues, and federal mandates. The exclusion
calculation was not performed as we continue to maintain appropriations significantly
below our Appropriations Limit.
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.
NOTICING:
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). The Notice of Public Meeting
for this item was published in the Daily Pilot on June 13, 2020.
ATTACHMENT:
Attachment A — Resolution No. 2020-60
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ATTACHMENT A
RESOLUTION NO. 2020- 60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DETERMINING
AND ESTABLISHING AN APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2020-21 IN ACCORDANCE WITH
ARTICLE XIIIB 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 have 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 XIIIB of the California Constitution and
Government Code Section 7910, the appropriations limit for the fiscal year commencing
July 1, 2020 for the City of Newport Beach is $209,205,320. The computation of
appropriations for the 2020-2021 fiscal year are set forth in detail in the attachment hereto,
which is incorporated as though fully set forth herein.
Section 2: Said appropriations limit shall be adhered to in the City of Newport
Beach budget for the 2020-2021 fiscal year.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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Resolution No. 2020 -
Page 2 of 2
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 23rd day of June, 2020.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment A: Computation of Appropriations Limit
CITY OF NEWPORT BEACH
COMPUTATION OF APPROPRIATIONS LIMIT FOR
FISCAL YEAR ENDING JUNE 30, 2021
AS PER ARTICLE XIIIB, CALIFORNIA STATE CONSTITUTION
PRIOR YEAR
FISCAL YEAR LIMIT
note (1).
note (2).
INFLATION POPULATION
ADJUST. (1) ADJUST. 2
NEW APPROP.
LIMIT
$201,601,920 3.73 0.04 1 209,206,320
Based on California per capita income increases
Based on Orange County population growth
CALCULATION OF ESTIMATED PROCEEDS OF TAXES FOR
FISCAL YEAR ENDING JUNE 30, 2021
Total Estimated Proceeds of Taxes $158,669,992
Less Authorized Exclusions note (3) $0
Net Proceeds of Taxes $158,669,992
note (3): Since 2020-21 estimated proceeds are substantially less than the
Appropriations Limit, exclusions were not calculated.
AMOUNT UNDER APPROPRIATIONS LIMIT 1 50,535,328
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