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HomeMy WebLinkAbout06-20-2017 Item 12 Appropriations Limit for 2017-18 Meeting Date: 6/20/2017 FROM: Xenia Bradford, Interim Director of Finance Prepared By: Rico Pardo, Accounting Manager/Controller SUBJECT: APPROPRIATIONS LIMIT FOR 2017-18 RECOMMENDATION Adopt a resolution establishing the City’s appropriations limit for 2017-18. DISCUSSION Overview The Appropriations Limit imposed by Propositions 4 (also known as the Gann Spending- Limitation Initiative or the Gann Initiative, “Limit”) and 111 create a restriction on the amount of revenue which can be appropriated in any fiscal year. The Limit is based on actual appropriations during the base year (1986-87 or the first full year of operation), and increase each year using specified growth factors. Not all revenues are restricted by the Limit, only those which are referred to as “proceeds of taxes.” In addition, proceeds of taxes are allowed to be spent on several types of appropriations which do not count against the Limit. The law allows a city to appropriate funds for certain expenses that are deemed to be exempt from the Limit. Among these exempt expenditures are “qualified capital outlays,” voter approved debt service, court orders and federal mandates. Qualified capital outlay represents an expenditure for an asset, which may include land having a useful life of 10 or more years and a cost of at least $100,000. Annually, the City is required to adopt a resolution setting an appropriations limit for the upcoming fiscal year. For 2017-18, staff projects that the City’s appropriations limit will be $72.6 million, while the appropriations subject to the limit total $50.0 million. Key Concepts As discussed above, the Gann Spending-Limitation Initiative provides for the limitation of state and local government appropriations. It is important to note that the Limit is actually a limitation on tax revenues rather than a direct limitation on appropriations. Below is a summary of the major provisions of the Gann Initiative and Proposition 111 modifications: 1. Appropriations subject to limitation may not exceed appropriations made in 1986-87, except as adjusted for increases in the cost of living, population and service responsibility transfers. 2. Appropriations financed through service fees (to the degree that they do not exceed the cost of performing the service), grant programs, fines and forfeitures, and other specified “non- tax” sources are not subject to the appropriations limit. Additionally, appropriations for long- term indebtedness incurred prior to 1986-87, debt service on qualified capital outlays beginning in 1990-91, qualified capital outlays in excess of $100,000 and increased costs as a Packet Pg 147 12 result of federally-mandated programs, are also excluded from the limit. Essentially, with the exception of major capital-related expenditures, all appropriations funded through tax revenues are subject to limitation. 3. For the purpose of identifying “proceeds from taxes” under the Gann Initiative, state subventions that are unrestricted as to their use (such as motor vehicle in -lieu revenues) are considered to be tax sources. On the other hand, the use of subventions like gas tax and transportation development act funds is restricted by the State and, as such, is classified as non-tax sources. 4. Under the original Gann Initiative, all proceeds from taxes received in excess of the appropriations limit were required to be returned through refunds or revisions in tax rates and fee schedules within the next two fiscal years; or voter approval to increase the appropriations limit was required. Proposition 111 provides a one-year carryover feature to determine excess revenues under which refunds can be avoided if in the subsequent year the City is below the limit by the amount of the prior year excess. Any voter-approved increase to the appropriations limit cannot exceed four years. 5. Originally, the Gann Initiative was self-executing, requiring no formal review; however, Proposition 111 requires that the annual calculation be reviewed as part of the annual financial audit. 6. Major concepts in implementing the Gann Initiative as modified by Proposition 111 include: appropriations funded through tax sources are subject to the limit, not actual expenditures; and any excess of actual tax revenues over the appropriations limit, not actual expenditures or appropriations, are subject to refund. Estimated Appropriations Subject to Limit The estimated appropriations subject to limit is based on calculation of proceeds from taxes, including interest, less qualified exclusions to yield the estimate. Proceeds of taxes are primarily comprised of the City’s proceeds on sales tax, local revenue measure, transient occupancy tax, utility users tax, and property tax. Interest is also applied to those tax proceeds. Exclusions are comprised of qualified capital outlay and qualified debt service. Qualified capital outlay represents an expenditure for an asset, which may include land having a useful life of 10 or more years and a cost of at least $100,000. Qualified debt service is voter approved debt service. The City’s qualified capital outlay consists of general purpose CIP and improvement projects funded by local revenue measure while qualified debt consists of the City’s long term bonds and leases. Packet Pg 148 12 The calculation appears as follows: Estimated Appropriations Subject to Limit Proceeds from taxes 56,141,501 Interest earnings 141,647 Total proceeds from taxes and interest $56,283,148 Qualified capital outlay 3,002,000 Qualified debt service 3,244,757 Less: Exclusions 6,246,757 Estimated Appropriations Subject to Limit $50,036,391 Adjustment Factors The annual adjustment factors for changes in population and cost of living for the appropriations limit calculation must be selected by a recorded vote of the Council and includes the following: 1. Population. Based on data provided annually by the State Department of Finance, cities may annually choose either the growth in their city’s or the county’s population. For this year’s calculation, the County’s 0.92% population growth factor (which exceeded the City's factor) is the recommended adjustment factor as discussed below. 2. Cost of living. Local governments may annually choose either the percentage change in California per capita personal income or the percentage change in their jurisdiction's assessed valuation that is attributable to non-residential new construction depending on which one provides the greatest increase to the appropriation limit. For the 2017-18 calculation, use of the annual change in non-residential assessed valuation of 8.20% resulted in a higher appropriation limit value than was obtained using the per capita personal income annual change. Packet Pg 149 12 Calculation Summary A summary of the City’s appropriations limit history is provided in Attachment B. As reflected in that summary, the City’s limit for 2017-18 is $72,562,034 calculated as follows: Appropriations Limit Calculation 2016-17 Appropriations Limit $66,451,524 Adjustment Factors A. Cost of Living Option Percentage change in assessed value in the preceding year due to new non-residential construction [% + 100/100] 1.0820 B. Population Option Percentage change in County population [% + 100/100] x 1.0092 Compound Percentage Factor (multiplicative not additive) [A x B] 1.092% Total Adjustment [PY Appropriations Limit x Compound % Factor] $6,110,510 2017-18 Appropriations Limit = [2016-2017 Limit x Compound % Factor] $72,562,034 ENVIRONMENTAL REVIEW The recommended actions are not a project as defined under the California Environmental Quality Act. CONCURRENCES The Limit calculation is based on the requirements of the California Constitution and implementing statutes. FISCAL IMPACT Under Article XIII B to the California Constitution as amended, the City is required to adopt the Appropriation Limit each year. As a result of the appropriations subject to the li mit being well below the calculated Limit for 2017-18 as shown below, no adjustments are required to be made to the proposed expenditures contained within the Preliminary Financial Plan. The following summarizes the variance between the City’s appropriations limit and the projected appropriations subject to this limit for 2017-18: 2017-18 Value Appropriations Limit $72,562,034 Estimated Appropriations Subject to Limit $50,036,391 Favorable Variance $22,525,643 Packet Pg 150 12 ALTERNATIVES The City must adopt a Limit for each Fiscal Year and the formula for calculating the Limit is determined by law. Attachments: a - Appropriations Limit Resolution 2017-18 b - Appropriations Limit History Packet Pg 151 12 R _____ RESOLUTION NO. (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING THE APPROPRIATIONS LIMIT FOR 2017-18 WHEREAS, the voters approved the Gann Spending-Limitation Initiative on November 6, 1979 and Proposition 111 on June 5, 1990, which establish and define annual appropriation limits on state and local government agencies; and WHEREAS, regulations require that the governing body of each local agency establish its appropriations limit and annual adjustment factors by resolution; and WHEREAS, the required calculations to determine the City’s appropriations limit, and estimated appropriations subject to limitation for 2017-18, have been performed by the Department of Finance & Information Technology and are available for public review. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby adopts the City’s appropriations limit and annual adjustment factors for 2017-18 as follows: Appropriations Limit Calculation 2016-17 Appropriations Limit $66,451,524 Adjustment Factors A. Cost of Living Option Percentage change in assessed value in the preceding year due to new non-residential construction [% + 100/100] 1.0820 B. Population Option Percentage change in County population [% + 100/100] x 1.0092 Compound Percentage Factor (multiplicative not additive) [A x B] 1.092% Total Adjustment [PY Appropriations Limit x Compound % Factor] $6,110,510 2017-18 Appropriations Limit = [2016-2017 Limit x Compound % Factor] $72,562,034 Upon motion of ___________________________, seconded by ___________________, and on the following roll call vote: AYES: NOES: ABSENT: Packet Pg 152 12 Resolution No. (2017 Series) Page 2 R _____ The foregoing resolution was adopted this 20th day of June 2017. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Carrie Gallagher City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this 20th day of June 2017. ____________________________________ Carrie Gallagher City Clerk Packet Pg 153 12 BUDGET REFERENCE MATERIALS APPROPRIATIONS LIMIT HISTORY The Gann Spending Limit Initiative , a Stateconstitutional amendment adopted by the voters on June 6, 1979, restricts appropriations from tax revenues by State and local governments. Under its provisions, no local agency can appropriate proceeds of taxes in excess of its "appropriations limit." Excess funds may be carried over into the next year. However, any excess funds remaining after the second year must be returned to taxpayers by reducing tax rates or fees; a majority of the voters may approve an override to increase the limit. The following summarizes changes in the City's appropriations limit and appropriations subject to the limit since the effective date of the initiative. While there are exceptions, in general, the City's appropriations limit increases annually by compound changes in cost-of-living and population. This summary also reflects changesmade by Proposition 111 (adopted in June 1990) in determining the appropriations limit as well as the appropriations subject to it.Appropriations AppropriationsLimit Subject to LimitPost-Proposition 1111987-88 14,836,300 3.47%2.93%15,800,900 14,411,700 1,389,2001988-89 15,800,900 4.66%4.10%17,215,200 15,223,500 1,991,7001989-90 17,215,200 5.19%3.92%18,818,600 16,691,800 2,126,8001990-91 18,818,600 4.21%4.59%20,511,000 15,005,400 5,505,6001991-92 20,511,000 4.14%3.04%22,009,500 14,911,100 7,098,4001992-93 22,009,500 -0.64%1.00%22,087,300 18,094,900 3,992,4001993-94 22,087,300 2.72%1.86%23,110,100 15,215,000 7,895,1001994-95 23,110,100 0.71%1.40%23,600,000 16,778,400 6,821,6001995-96 23,600,000 4.72%1.60%25,109,300 15,530,800 9,578,5001996-97 25,109,300 4.67%2.31%26,889,000 16,825,500 10,063,5001997-98 26,889,000 4.67%2.06%28,724,500 17,513,200 11,211,3001998-99 28,724,500 4.15%2.70%29,671,300 17,291,800 12,379,5001999-00 29,671,300 4.53%2.28%31,717,100 18,030,500 13,686,6002000-01 31,717,100 4.91%2.46%34,093,000 18,802,000 15,291,0002001-02 34,093,000 0.33%1.80%34,821,200 23,227,900 11,593,3002002-03 34,821,200 0.33%1.80%35,565,000 23,018,400 12,546,6002003-04 35,565,000 2.31%1.32%36,866,700 23,072,400 13,794,3002004-05 36,866,700 3.28%1.15%38,513,100 27,670,400 10,842,7002005-06 38,513,100 5.26%1.19%41,021,300 32,371,900 8,649,4002006-07 41,021,300 3.96%0.73%42,957,100 30,757,100 12,200,0002007-08 42,957,100 4.42%0.96%45,286,400 36,582,900 8,703,5002008-09 45,286,400 4.29%1.12%47,758,200 36,795,300 10,962,9002009-10 47,758,200 0.62%1.01%48,540,600 27,159,400 21,381,2002010-11 48,540,600 -2.54%0.87%47,719,200 32,058,100 15,661,1002011-12 47,719,200 2.51%0.83%49,323,000 34,229,700 15,093,3002012-13 49,323,000 3.77%0.47%51,423,500 44,178,300 7,245,2002013-14*51,423,500 5.12%0.52%54,337,500 40,104,100 14,233,4002014-15*54,337,500 8.69%0.09%59,112,600 36,642,900 22,469,7002015-16*59,112,600 4.97%0.78%62,534,500 46,067,700 16,466,8002016-17*62,534,500 5.63%0.60%66,451,500 49,397,200 17,054,3002017-18*66,451,500 8.20%0.92%72,562,034 50,036,391 22,525,643(*) The cost of living factor is based on the increase in non-residential assessed values VarianceFiscal Year Limit Base Cost-of-Living Factor Population Factor $0$8$15$23$30$38$45$53$60$68$75$83 20082009201020112012201320142015201620172018MillionsFiscal Year Ending Appropriations Limit: 2007-08 to 2017-18 Appropriations Limit Appropriations Subject to Limit Packet Pg 154 12