Title
Public Hearing to Establish the Proposition 4 (Appropriations) Limit for Fiscal Year 2019-20 and to Consider Adoption of Resolution Establishing the Appropriations Limit for Fiscal Year 2019-20. (Finance 2410)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The State of California Constitution requires each government entity to set an Appropriations Limit, a limit on the amount of tax proceeds that can be appropriated by state and local governments, each fiscal year. The City Council must adopt an Appropriations Limit resolution using available annual adjustment factors as stated in Proposition 111.
BACKGROUND
In November 1979, the voters of the State of California approved Proposition 4. The proposition created Article XIIIB of the State Constitution placing limits on the amount of revenue that can be spent by state and local governments in California (Appropriations Limit) and is also known as the Gann Limitations. Each government entity is required to set its Appropriation Limit each fiscal year with FY 1978-79 serving as the base year limit. The Appropriation Limit sets a cap on the amount of proceeds that can be received by the City of Alameda (City) from certain types of taxes. Appropriations Limit adjustments occur each subsequent year using a combination of increases in population and in per capita personal income (CPI), whichever is less.
Proposition 4 and its implementing legislation were modified by Proposition 111, which changed the annual adjustment factors beginning with the Fiscal Year (FY) 1990-91 Appropriation Limit. Hereafter, on an annual basis, the government entity can select whichever is greater: the CPI or assessed valuation due to non-residential construction within the City. To determine the population factor, the entity can select the greater of population growth either within the City or the County.
Proceeds of taxes in excess of the limit, with limited exceptions, must be returned to the taxpayers within two years by refund or reduction in tax rates, unless an extension of the limit is approved by majority popular vote.
DISCUSSION
A resolution must be adopted to approve an Appropriations Limit each fiscal year. As described above, annual adjustments for per capita income and population may be made in either of two ways. To adjust per capita income for FY 2019-20, staff recommends using the increase in the City’s assessed value for FY 2018-19 due to changes in non-residential new construction instead of the change in the California State per capita personal income of 3.85%. The City’s non-residential new construction as a percentage of the total taxable value for FY 2018-19 increased 4.45% over the preceding year. In addition, staff recommends using the percentage growth of the County population, which was 0.75%, as it exceeded the City’s population growth of 0.43%. The calculation of the City’s Appropriations Limit is attached as Exhibit 1.
ALTERNATIVES
Alternative 1 -- Establish the Proposition 4 (Appropriations) Limit for Fiscal Year 2019-20 and to Consider Adoption of Resolution Establishing the Appropriations Limit for Fiscal Year 2019-20. (Finance 2410)
FINANCIAL IMPACT
There is no financial impact from the adoption of the City’s Appropriations Limit. For FY 2019-20, the City will continue to maintain a comfortable margin between the Appropriations Limit and net proceeds of taxes. The FY 2019-20 Appropriations Limit is established at $129,782,677, as compared to the net proceeds of specific taxes for FY 2019-20, which is estimated to be $88,566,489, which is approximately 68% of the limit.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action does not affect the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This activity is not a project and is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15378 (b)(4) of the CEQA Guidelines, because it involves governmental fiscal activities (acceptance of the Appropriations Limit), which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
CLIMATE IMPACTS
There are no climate impacts from establishing the City Appropriations Limit.
RECOMMENDATION
Adopt a resolution establishing the Appropriations Limit for FY 2019-20.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval of the Appropriations Limit.
Respectfully submitted,
Elena Adair, Finance Director
Exhibit:
1. Appropriations Limit Calculation
cc: Eric Levitt, City Manager