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HomeMy WebLinkAbout2022-36 - Amending the Appropriations Limit for Fiscal Year 2021-22 in Accordance with Article XIIIB of the California Constitution and Government Code Section 7910RESOLUTION NO. 2022-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2021-22 IN ACCORDANCE WITH ARTICLE X11113 OF THE CALIFORNIA CONSTITUTION AND GOVERNMENT CODE SECTION 7910 WHEREAS, Article X111B 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 et seq. requires the governing body of each local jurisdiction to adopt, by resolution, its appropriations limit; WHEREAS, said appropriations limit must be adhered to in preparing and adopting the City of Newport Beach's annual budget; WHEREAS, the appropriations limit may be based on either the change in the City's population growth or the change in the population growth of the County of Orange; WHEREAS, the appropriations limit established for fiscal year 2021-22 was based on the change in population growth of the County of Orange; WHEREAS, the City Council desires to revise the appropriations limit established for fiscal year 2021-22 to be based on the change in population growth of the City; and WHEREAS, the City has complied with all the provisions of Article XIIIB in determining the appropriations limit for Fiscal Year 2021-22. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Resolution No. 2022-36 Page 2 of 3 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, 2021, for the City of Newport Beach is $220,661,795. The computation of appropriations for the 2021-22 fiscal year are set forth in detail in the attachment hereto, which is incorporated as though fully set forth herein. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: 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 4: 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. Resolution No. 2022-36 Page 3 of 3 Section 5: 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 14th day of June, 2022. evin u Mayor ATTEST: En Leilani I. Brown City Clerk V ^.. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment A: Computation of Appropriations Limit for FY 2021-22 CITY OF NEWPORT BEACH COMPUTATION OF APPROPRIATIONS LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2022 AS PER ARTICLE XI1113, CALIFORNIA STATE CONSTITUTION PRIOR YEAR 'CALYEAR LIMIT 2021-22 210,047,411 INFLATION POPULATION ADJUST. (1) ADJUST. (2) 5.73% -0.64% note (1): Based on California per capita income increases note (2): Based on City of Newport Beach population growth NEW APPROP. LIMIT 220,661,795 CALCULATION OF ESTIMATED PROCEEDS OF TAXES FOR FISCAL YEAR ENDING JUNE 30, 2022 Total Estimated Proceeds of Taxes Less Authorized Exclusions Net Proceeds of Taxes $190,670,013 note (3) $0 $190,670,013 note (3): Since 2022-23 estimated proceeds are substantially less than the Appropriations Limit, exclusions were not calculated. AMOUNT UNDER APPROPRIATIONS LIMIT 299991,782 STATE OF CALIFORNIA COUNTY OF ORANGE ; ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2022-36 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 141h day of June, 2022; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council Member, Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 151h day of June, 2022. P(&id *z� Leilani I. B own City Clerk Newport Beach, California