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