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HomeMy WebLinkAbout11/16/2005 - STAFF REPORTS (13) �OF PALM SA4 'i V N �C `°o-°nete°'n'°Pw �4IF0100 CITY COUNCIL STAFF REPORT DATE: November 16, 2005 Consent Calendar SUBJECT: REVISE GANN APPROPRIATION LIMITS FOR FISCAL YEARS 2004/05 AND 2005/06 FROM: David H. Ready, City Manager BY: Department of Finance and Treasury SUMMARY A review of the resolutions adopting the City's Gann Appropriation's Limits for Fiscal Year's 2004105 and 2005/06 by the City's outside auditor's found several discrepancies in the final calculations used to set the City's Final Appropriation's Limit. In order to correct these discrepancies, the City's outside auditor has requested that new resolutions be adopted. Attached are the revised resolutions adopting the new Appropriations limit and a third resolution that contains the corrected Appropriations amount. RECOMMENDATION: 1. Adopt Resolution No. of the City Council of the City of Palm Springs, California, Repealing and Replacing Resolution No. 21071 Adopting Appropriation Limit for the Fiscal Year Ending June 30, 2005 2. Adopt Resolution No. of the City Council of the City of Palm Springs, California, Repealing and Replacing Resolution No. 21374 Adopting Appropriation Limit for the Fiscal Year Ending June 30, 2006 3. Adopt Resolution No. of the City Council of the City of Palm Springs, California, Repealing and Replacing Resolution No. 21373 the Reservation of Unappropriated Fund Balances in Various City Operating and Capital Projects Funds for the Fiscal Year Ending June 30,2005 Item No. 2 . H . City Council Staff Report November 16, 2005—Page 2 Revised Gann Appropriations Limit STAFF ANALYSIS: Proposition 4 (the Gann Initiative) requires that each City annually adopt an Appropriations limit. The Gann Initiative Limit is an absolute dollar limit on the amount of funds derived from general taxes that the City can legally appropriate and expand each fiscal year, which is specified by Article 13-B of the State Constitution. The base-year used on computing the Gann Limit is FY 1978-79, with adjustments to the appropriations limit allowed in succeeding fiscal years for (1) changes in population and (2) changes in the cost of living. The calculation adopting the new limit uses projected population growth for the City and the current CPI supplied by the State's Department of Finance. If the City exceeds in Gann Limit it must either return the excess to the voters or have an election for the voters to increase the City's limit beyond the formula. During our current review of our financial records for Fiscal Year 2004/05 by the City's outside auditors, the auditor's determined the previously approved Gann Appropriations limit of$94,968,486 was off by $6,952 due to the rounding of a decimal number. The new limit is $94,962,486. Because future year's calculations are based on the previous year's number, staff preceded to recalculate the correct number for Fiscal Year 05/06. In doing this re-calculation, staff discovered that the number originally authorized for Fiscal Year 05/06 was also calculated using a reduced factor. Because the reduce factor was used in determining the Gann Appropriations Limit for FY 05/06, staff has recalculated the Gann Limit and adjusted it from $95,084,481 to $101,496,858. The new number has subsequently been reviewed by our outside auditor's and they agree with the adjusted number. The adjusted number will have no effect on this year's budget or those in the immediate future. This will allow an increased appropriations limit base for future years. The third resolution needs to be revised only because it contained the former Appropriations Number in the Resolution. These resolutions do not affect the previously adopted budget or the City's Financial Statements. The City's current appropriations are $36,632,224 below the authorized spending limits under the Gann Initiative. City Council Staff Report November 16, 2005—Page 3 Revised Gann Appropriations Limit FISCAL IMPACT: None. GraWA. Graves Troy L. But #a ,pilector of Finance & Treasurer ager- Administrative ryices David H. Ready CI't�AA"affa—ger Attachments: Resolutions RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 21374 ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2006. WHEREAS, Article XIII-B of the California Constitution provides that the State and each local government shall be subject to an appropriations limit, to govern the maximum amount of each entity's appropriations subject to limitation, in any fiscal year, as the same are defined in Article XIII-B; and WHEREAS, California Government Code Section 7910 provides for the annual establishment by local jurisdictions of their appropriations limit for each fiscal year, and further provides that upon establishment of such appropriations limit any judicial action or proceeding to attack, review, set aside, void, or annul such action by the City Council must be commenced within forty-five (45) days of the effective date of the resolution establishing the appropriations limit; and WHEREAS, on July 20, 2005 the City Council of the City of Palm Springs adopted Resolution 21374 setting the appropriations limit for Fiscal Year 2005-06; and WHEREAS the appropriation limit was calculated by using several different factors including per capita income and population growth; and WHEREAS, the City's auditors have determined that the appropriation limit established by Resolution 21374 was calculated using an incorrect factor resulting in a lower appropriations limit than allowed by statute; and WHEREAS, the City desires to formally correct the appropriations limit for the Fiscal Year ending June 30, 2006. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs does as follows: Section 1. The City Council hereby repeals Resolution 21374 in its entirety. Section 2. The appropriations limit for the City of Palm Springs, pursuant to Article XIII- B of the Constitution, for the fiscal year ending June 30, 2006 is hereby set at $101,496,858. Section 3. The City reserves the right to adjust or amend the appropriations limit based upon the use of alternative growth factors as authorized by statute if such changes or revisions would result in a more advantageous appropriation limit, now or in the future. Resolution No. Page 2 of 2 Section 4. Notice is hereby given that any judicial action or proceeding to attack, review, set aside, void or annul this action shall be commenced within 45 days of the effective date of this resolution. Section 5. The City Clerk shall certify to the adoption of the Resolution, and thenceforth and thereafter the same shall be in full force and effect. ADOPTED this day of ,2005. David H. Ready, City Manager CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA REPEALING AND REPLACING RESOLUTION NO. 21071 ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2005. WHEREAS, Article XIII-B of the California Constitution provides that the State and each local government shall be subject to an appropriations limit, to govern the maximum amount of each entity's appropriations subject to limitation, in any fiscal year, as the same are defined in Article XIII-B; and WHEREAS, California Government Code Section 7910 provides for the annual establishment by local jurisdictions of their appropriations limit for each fiscal year, and further provides that upon establishment of such appropriations limit any judicial action or proceeding to attack, review, set aside, void, or annul such action by the City Council must be commenced within forty-five (45) days of the effective date of the resolution establishing the appropriations limit; and WHEREAS, on September 1, 2004 the City Council of the City of Palm Springs adopted Resolution 21071 setting the appropriations limit for Fiscal Year 2004-05; and WHEREAS the appropriation limit was calculated by using several different factors including per capita income and population growth; and WHEREAS, the City's auditors have determined that the appropriation limit established by Resolution 21071 was calculated using an incorrect factor resulting in a higher appropriations limit than allowed by statute; and WHEREAS, the City desires to formally correct the appropriations limit for the Fiscal Year ending June 30, 2005. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs does as follows: Section 1. The City Council hereby repeals Resolution 21071 in its entirety. Section 2. The appropriations limit for the City of Palm Springs, pursuant to Article XIII- B of the Constitution, for the fiscal year ending June 30, 2005 is hereby set at $94,962,486. Resolution No. Page 2 of 3 section 3. The City reserves the right to adjust or amend the appropriations limit based upon the use of alternative growth factors as authorized by statute if such changes or revisions would result in a more advantageous appropriation limit, now or in the future. Section 4. Notice is hereby given that any judicial action or proceeding to attack, review, set aside, void or annul this action shall be commenced within 45 days of the effective date of this resolution. Section 5. The City Clerk shall certify to the adoption of the Resolution, and thenceforth and thereafter the same shall be in full force and effect. ADOPTED this day of 2005. David H. Ready, City Manager CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION NO OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING AND REPLACING RESOLUTION NO. 21373 SETTING THE RESERVATION OF UNAPPROPRIATED FUND BALANCES IN VARIOUS CITY OPERATING AND CAPITAL PROJECT FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2005. WHEREAS the City of Palm Springs has unappropriated fund balances in various Operating and Capital Projects Funds; and WHEREAS the City of Palm Springs will require the funds composing these unappropriated fund balances for future operations or projects; and WHEREAS, the City Council of the City of Palm Springs desires to reserve these funds for future use; and WHEREAS, on July 20, 2005 the City Council adopted Resolution 21373 setting the unappropriated fund balances, as of June 30, 2005; and WHEREAS, appropriation limit established forthe fiscal year ending June 30, 2005 was calculated using an incorrect factor resulting in a lower appropriations limit then allowed by statute; and WHEREAS, the City desires to formally correct the appropriations limit and the reservation of unappropriated fund balances in various operating and capital project funds. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs does as follows: Section 1. The Council hereby repeals Resolution 21373 in its entirety. Section 2. The City Council hereby authorizes the Finance Director to appropriate from unappropriated fund balances, as of June 30, 2005, funds for the following reserves indicated, provided the appropriations do not result in the City exceeding its appropriation limit of $94,962,486. Fund Reserves General Reserve for Contingencies, $1,000,000 Reserve for Capital Projects, remainder Community Promotion Reserve for Capital Projects, Libraries and Parks Special Gas Tax Reserve for Capital Projects Capital Projects Reserve for Capital Projects Drainage Reserve for Capital Projects Resolution No. Page 2 of 2 Section 3. The City Clerk shall certify to the adoption of the Resolution, and thenceforth and thereafter the same shall be in full force and effect. ADOPTED THIS day of 2005, David H. Ready, City Manager CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California