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File #: 2022-2097   
Type: Joint Agenda Item
Body: City Council
On agenda: 6/21/2022
Title: Public Hearing to Establish the Proposition 4 (Appropriations) Limit for Fiscal Year 2022-22; and Adoption of Resolution Establishing the Appropriations Limit for Fiscal Year 2022-23. [City Council] (Finance 10024054)
Attachments: 1. Exhibit 1 - Appropriations Limit Calculations, 2. Resolution

..Title

Public Hearing to Establish the Proposition 4 (Appropriations) Limit for Fiscal Year 2022-22; and

Adoption of Resolution Establishing the Appropriations Limit for Fiscal Year 2022-23.  [City Council] (Finance 10024054)

 

 

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 Appropriations Limit each fiscal year with Fiscal Year (FY) 1978-79 serving as the base year limit. The Appropriations 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 cost of living, whichever is less. 

 

Proposition 4 and its implementing legislation were modified by Proposition 111, which changed the annual adjustment factors beginning with the FY 1990-91 Appropriation Limit. Hereafter, on an annual basis, the government entity can select whichever is greater: the cost of living change 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 Alameda County (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 cost of living and population may be made in either of two ways. To adjust cost of living for FY 2022-23, staff recommends using the change in the California State per capita personal income of 7.55% instead of the FY 2021-22 increase in the City’s assessed value of 4.27% for changes in non-residential new construction. In addition, staff recommends using the percentage change of the City population, which decreased by 0.62%, which is the same as the County’s population decrease of 0.62%. The calculation of the City’s Appropriations Limit is attached as Exhibit 1. 

 

ALTERNATIVES

 

Alternative 1 - Establishment of the Proposition 4 (Appropriations) Limit for Fiscal Year 2022-23 is required by the State Constitution.

 

FINANCIAL IMPACT

 

There is no financial impact from the adoption of the City’s Appropriations Limit. For FY 2022-23, the City will continue to maintain a substantial margin between the Appropriations Limit and net proceeds of taxes. The FY 2022-23 Appropriations Limit is established at $152,224,398, as compared to the net proceeds of specific taxes for FY 2022-23, which is estimated to be $109,594,091, which is approximately 72% of the limit.

 

MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE

 

This action is consistent 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 identifiable climate impacts or climate action opportunities associated with the subject of this report.

 

RECOMMENDATION

 

Adopt a resolution establishing the Appropriations Limit for FY 2022-23.

 

Respectfully submitted,

Margaret L. O’Brien, Finance Director

 

By:

Jennifer Tell, Budget Manager

 

Exhibit:

1.                     Appropriations Limit Calculation

 

Cc:                     Dirk Brazil, Interim City Manager