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97-085RESOLUTION NO. 97R -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989 -2 (THE HIGHLANDS) ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1997/98. WHEREAS, the voters of California on November 6, 1977, added Article XIII B to the State Constitution placing various limitations on the appropriations of the state and local governments; and WHEREAS, Article XIII B of the State Constitution provides that the appropriations limit for fiscal year 1997/98 is calculated by adjusting the 1996/97 fiscal appropriations limit for changes in the cost of living and population except as otherwise provided in said Article XIII B; and WHEREAS, the information necessary for making these adjustments is attached in Exhibits A through G; and WHEREAS, the City of Anaheim has complied with all the provisions of Article XIII B of the State Constitution in determining the Community Facilities District No. 1989 -2 (The Highlands) appropriations limit for fiscal year 1997/98. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Community Facilities District No. 1989 -2 (The Highlands) appropriations limit for fiscal year 1997/98 be established in the amount of $157,630,091.00. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim, by recorded vote of the City Council adopting this resolution, hereby determines and selects that, with regard to fiscal year 1997/98 and the calculations specified herein for such fiscal year, the term "change in the cost of living" for purposes of Section 8(e)(2) of Article XIII B of the Constitution of the State of California shall mean the percentage change in the California per capita personal income from the preceding year. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim, by recorded vote of the City Council adopting this resolution, hereby determines and chooses that, with regard to fiscal year 1997/98 and the calculations specified herein for such fiscal year, the term "change in population" for purposes of Article XIII B of the Constitution of the State of California and Division 9 of Article 1 of the Government Code of the State of California shall mean the change in population within the City of Anaheim. BE IT FURTHER RESOLVED that said appropriations limit herein established may be changed as deemed necessary by resolution of the City Council. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of June 1997. ATTEST: CI Y CLERK OF THE CITY OF ANAHEIM 0023052.01 2 MAYOR OF THE CITY OF /ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -85 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of June, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: None ABSTAINED: MAYOR /COUNCIL MEMBERS: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -85 on the 17th day of June, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of June, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -85 was duly passed and adopted by the City Council of the City of Anaheim on June 17, 1997. CITY CLERK OF THE CITY OF ANAHEIM FY 1997/98 Appropriations Limit Margin 1997/98 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989 -2 (THE HIGHLANDS) CALCULATIONS COMPARISON OF APPROPRIATIONS SUBJECT TO LIMI FY 1996/97 Adopted Appropriations Limit Adjustment Factor FY 1997/98 Appropriations Limit FY 1997/98 Appropriations Limit EXHIBIT A FY 1997/98 Appropriations Subject To Limit 1.0519 $149,847,962 $157.630.091 $157,630,091 377,880 $157.252,211 FY 1997/98 Appropriations Limit Margin, As a Percent of Limit 99.8% EXHIBIT B 1997/98 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989 -2 (THE HIGHLANDS) ADJUSTMENT FACTORS POPULATION Selected Factor: City Population Growth Population count provided by the State Finance Department 295,452 Population percent change pursuant to Sections 2227 and 2228 of the Revenue and Taxation Code PRICE FACTOR Selected Factor: 0.50% California Per Capita Personal 4.67% Income Growth POPULATION AND PRICE FACTOR CONVERTED TO AN ADJUSTMENT FACTOR A) Population: Converted to a factor 1.0050 B) Price Factor: Converted to a factor 1.0467 Ratio of change: A x B 1.0519 EXHIBIT C 1997/98 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989 -2 (THE HIGHLANDS) APPROPRIATIONS SUBJECT TO LIMIT CALCULATION Total All Revenues $1,309,645 Reduce by Non- Proceeds of Taxes 0 $1,309,645 Add User Fees in Excess of Costs 0 1,309,645 Add User Fees in Replacement of Taxes 0 1,309,645 Subtract Debt Service Appropriations 931,765 $377,880 Total All Appropriations $1,309,645 Reduce by Non Proceeds of Taxes 0 $1,309,645 Subtract Debt Service Appropriations 931,765 377,880 Appropriations Subject to Limit $377,880 EXHIBIT D 1997 /98 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989 -2 (THE HIGHLANDS) PROCEEDS OF TAXES CALCULATION PROCEEDS NON- PROCEEDS OF TAXES OF TAXES TOTAL Taxes $1,309,645 0 $1,309,645 State Subventions 0 0 0 Service Charges 0 0 0 Permit Fees 0 0 0 Fines and Forfeitures 0 0 0 Rentals 0 0 0 Sales 0 0 0 Refunds and Reimbursements 0 0 0 Internal Service Charges 0 0 0 Federal and County Subventions 0 0 0 Contributions 0 0 0 Subtotal $1,309,645 SO 51,309,645 Interest 0 0 0 Total 51.309,645 SO 51,309,645 N X F W U 5 W 0 N N 0 ARTICLE XIII B. AIM TEXT OF GANN SPENDING- LIMITATION INITIA'T'IVE EXHIBIT F LIMITATION OF GOVERNMENT APPROPRIATIONS. INITIATIVE CONSTITUTIONAL, AMENDMENT. Establishes and defines annual appropriation limits on state and local governmental entities based on annual appropriations for prior fiscal year. Requires adjustments for changes in cost of living, population and other specified factors. Appropriation limits may be established or temporarily changed by electorate. Requires revenues received in excess of appropriations permitted by this measure to be returned by revision of tax rates or fee schedules within two fiscal years next following year excess created. With exceptions, provides for reimbursement of local governments for new programs or higher level of services mandated by state. Financial Impact: lndeterm inable. Sec. 1. The total annual appropriations subject to limitation of the state and of each local government shall not exceed the appropriations limit of such entity of government for the prior year adjusted for changes in the cost of living and population except as otherwise provided in this Article. Sec. 2. Revenues received by any entity of government in excess of that amount which is appropriated by such entity in compliance with this Article during the fiscal year shall be returned by a revision of tax rates or fee schedules within the next two subsequent fiscal years. Sec. 3. The appropriations limit for any fiscal year pursuant to Sec. 1 shall be adjusted as follows: (a) In the event that the financial responsibility of providing services is transferred, in whole or in part, whether by annexation, incorporation or otherwise, from one entity of government to another, then for the year in which such transfer becomes effective the appropriations limit of the transferee entity shall be increased by such reasonable amount as the said entities shall mutually agree and the appropriations limit of the transferor entity shall be decreased by the same amount. (b) In the event that the financial responsibility of providing services is transferred, in whole or in part, from an entity of government to a private entity, or the financial source for the provision of services is transferred, in whole or in part, from other revenues of an entity of government, to regulatory licenses, user charges or user fees, then for the year of such transfer the appropriations limit of such entity of governinent shall be decreased accordingly. (c) In the event of an emergency, the appropriation limit may be exceeded provided that the appropriation limits in the following tree years are reduced accordingly to prevent un aggregate increase in appropriations resulting from the emergency. Sec. 4. The appropriations limit imposed an any new or existing entity of government by this Article may be established or changed by the electors of such entity, subject to and in conformity with constitutional and statutory voting requirements. The duration of any such change shall he as determined by said electors, but shall in no event exceed four years from the most recent vote of said electors creating or continuing such change. 1 of 3 EXHIBIT F Sec. 5. Each entity of government may establish such contingency, emergency, unemployment, reserve. retirement, sinking fund, trust. or similar funds as it shall deem reasonable and proper. Contributions to any such fund, to the extent that such contributions are derived from the proceeds of taxes, shall for purposes of this Article constitute appropriations subject to limit/11140i in Iltc year of contribution. Neither withdrawals from any such fund, nor expenditures 'i (or authorizations to expend) start withdrawals, nor transfers between or among such funds, shall for purposes of this Article constitute appropriations subject to limitation. Sec. 6. Whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state shall provide a subvention of funds to reimburse such Local government for the costs of such program or increased level of service, except that the Legislature may, but need not, provide such subvention of funds for the following mandate:;: crime; or Aril (a) Legislative mandates requested by the local agency affected; (b) 'Legislation defining a new crime or changing an existing definition of a (e) Legislative mandates enacted prior to January 1, 1975, or executive orders or regulations initially implementing legislation enacted prior to January 1, 1975. Sec. 7. Nothing in this Article shall be construed to impair the ablility of the state or of any local government to meet its obligations with respect to existing or future bonded indebtedness. Sec. 8. As used in this Article and except as otherwise expressly provided herein: (a) "Appropriations subject to limitation" of the state shall mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for the state, exclusive of state subventions for the use and operation of local government (other than subventions trade pursuant to Section 6 of this Article) and further exclusive of refunds of taxes, benefit payments from retirement, unemployment insurance and disability insurance funds; (b) "Appropriations subject to limitation" of an entity of local government shall mean any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity (other than subventions inade pursuant to Section 6 of this Article) exclusive of refunds of taxes; (c) "Proceeds of taxes" shall include, but not be restricted to, all tax revenues and the proceeds to an entity of government, from (0 regulatory licenses, user charges, and user fees to the extent that such proceeds exceed the costs reasonably borne by such entity in providing the regulation, product, or service, and (ii) the investment of tax revenues. With respect to any local government, "proceeds of taxes" shall include subventions received from the state, other than pursuant to Section 6 of this Article, anti, with respect to the state, proceeds of taxes shalt exclude such subventions; id) "Local government" shall mean any city,. county, city and county, school district, special district, authority, or other political subdivision of or within the state; (el "Cost of living" shall mean the Consumer Price Index for the United States as reported by the United States 1)epnrimcrut of Labor, or successor agency of the Lnited Mutes Government; provided, however, that for purposes of Section 1, the change in cost of living from the preceding year shall in no event exceed the charge in California per capita personal income from said preceding year; 2 of 3 EXHIBIT F (f) "population" of any entity of government, other than u school district, shall be determined by a method prescribed by the Legislature, provided that such determination shall be revised, as necessary, to reflect the periudac census conducted by the United Slates Department of Commerce, or successor agency of the United States Government. The population of any school district shall he such school district's average daily attendance as determined by a method prescribed by the Legislature; (g) "Debt service" shall mean appropriations required to pay the cost of interest and redemption charges, including the funding of any reserve or sinking fund required in connection therewith, on indebtedness existing or legally authorized as of January 1, 1979 or on bonded indebtedness thereafter approved according to law by a vote of the electors of the issuing entity voting in an election for such purpose. (h) The "appropriations limit" of each entity of government for each fiscal year shall be that amount which total annual appropriations subject to limitation may not exceed under 1 and Section 3; provided, however, that the "appropriations limit" of each entity of government for fiscal year 1978 -79 shall be the total of the appropriations subject to limitation of such entity for that fiscal year. For fiscal year 1978 -79, state subventions to local governments, exclusive of federal grants, shall be deemed to have been derived from the proceeds of state taxes. (i) Except as otherwise provided in Section 5, "appropriations subject to limitation" shall not include local agency loan funds or indebtedness funds, investment (or authorizations to invest) funds of the state, or of an entity of local government in accounts at banks or savings and loan associations or in liquid securities. Sec. 9. "Appropriations subject to limitation" for each entity of government shall not include: (a) Debt service. (b) Appropriations required for purposes of complying with mandates of the courts or the federal government which, without discretion, require an expenditure for additional services or which unavoidably make the providing of existing services more costly. (c) Appropriations of any special district which existed on January I, 1978, and which did not as of the 1977 -78 fiscal year levy an ad valorem tax on property in excess of 121 cents per $100 of assessed value; or the appropriations of any special district then existing or thereafter created by a vote of the people, which is totally funded by other than the proceeds of taxes. Sec. 10. This Article shall be effective commencing with the first day of the fiscal year following its adoption. Sec. 11. If any appropriation category shall be added to or removed from appropriations subject to limitation, pursuant to final judgment of any court of competent jurisdiction and any appeal therefrom, the appropriations limit shall be adjusted accordingly. If any section, part, clause or phrase in this Article is for any reason held invalid or unconstitutional, the remaining portions of this Article shall not be affected but shall remain in full force and effect. 3 of 3 05/1�3/1597 14:29 916- 327 -0222 Stem OFrawroRNW DEPARTMENT OF FINANCE OFFICE OF THE DIRECTOR STATE cAPITOL, ROOM 1145. SACRAMENTO, CA 95614-4998 May 1, 1997 Dear Auditor /Controller/Fiscal Officer: Sincere G L. BROWN Director Enclosures DEMOGRAPHIC UNIT PAGE 01 PETE WILSGN. G■ron+v This letter contains PRICE AND POPULATION INFORMATION for FY 1997 -1998. APPROPRIATIONS LIMIT: The Department of Finance is mandated to provide population and California per capita personal income change data to local jurisdictions to use in calculating their appropriations limits. The enclosures contain price and population factors for setting your 1997- 1998 appropriations limit. These factors are effective for January 1, 1997 and were calculated on a base that excludes Federal and state institutionalized populations noted. Enclosure 1 provides the change in California's per capita personal income. An example of how to utilize this price factor and the population percentage change factor in calculating your 1997 -1998 limit is included Enclosures 11 and HA provide population percentage change for cities and counties, and their incorporated areas. POPULATION FACTORS FOR SPECIAL DISTRICTS: Some special districts are required to establish appropriations limits. These districts should consult the state code for the various population factors that may be used for purposes of assessing change in population. Other districts are exempt under Article XIII B, Section 9(c), This letter may be received by such special districts. However, it should not be construed as a Department of Finance requirement to establish an appropriations limit. POPULATION CERTIFICATION: The certification program applies only to cities and counties. It is mandated that if a Department of Finance population estimate is greater than the current certified population, the Department shall automatically file a certified copy with the Controller not less than 25 days nor more than 30 days after completion of the estimate. The Department will certify the higher estimate unless it receives a written request not to certify within 25 days of the completion of the estimate. A city or county requesting that their higher estimate not be certified will remain' at the current certified population. The Department of Finance will not certify a population estimate that is lower than the current certified population unless requested to do so by a city or a county. The request to not certify must be received by the Department on or before June 1, 1997. Questions about population should be addressed to the Demographic Research Unit at (916) 323- 4086, 05/13/199 14:29 County City ORANGE ANAHEIM .BREA BUENA PARK COSTA MESA CYPRESS DANA POINT FOUNTAIN VALLEY FULLERTON GARDEN GROVE HUNTINGTON BEACH IRVINE LAGUNA BEACH LAGUNA HILLS LAGUNA NIGUEL LA HABRA LAKE FOREST L•A PALMA LOS ALAMITOS MISSION VIEJO NEWPORT BEACH ORANGE PLACENTIA. SAN CLEMENTE' SAN JUAN CAPISTRA SANTA ANA SEAL BEACH STANTON TUSTIN VILLA PARK WESTMINSTER YORBA LINDA UNINCORPORATED COUNTY TOTAL 91G- 327 -9222 Annual Percent Change to January 1, Percent Change 1996-97 0.50 t04 0.25 0.32 1.10 0.37 0.64 0.35 0.18 0.46 1.42 0.97 19.41 1.16 0.17 0.08 1.40 0.41 1.98 1.13 1.87 0.98 1.23 2.1i 0.13 0.14 3.19 2.83 0.89 0.47 1.30 2.53 DEMOGRAPHIC UNIT Enclosure II In Popullitlon Minus Exclusions' January 1, 1996 1997 and Total Population January 1, 1997 Population Minus Exclusions 1 -1.66 1 -1 -97 293994 295452 34892- 35254 72888 73072 101529 101856 48517 47028 36077 36211 54451 54797 122370 122804 151764 152041 187664 188518 125156- 127949 23851 24083 25064 29954 55705 56353 54257 54351 57779 57828 15544 iSrei 11539 11586 90138 91922 89246 70030 120043 122282 45119 45550 48728 47305 20023 29635 306571 306981 25736 25773 31984 32984 59101 60776 6382 6439 82749 83141 57782 58533 176277 180738 1.07 2618920 2648967 Total Population 1 -1-87 295452 35254 73672 102574 47028 38211 54797 122504 152041 188518 129294 24083 29954 58353 54351 57828 15761 11661 91922 70030 122282 45550 47305 29835 306961 26360 32984 65287 6439 89141 58533 185851" 2659316 Exdusiens include residents in state mental institution*, federai military installations, and state and federal priedna. Page 1 PAGE 03 VJ 1 J I 1J l May 1, 1997 Enclosure T Price Factor: Article XITI B specifics that local jurisdictions select their cost -of- living factor to compute their appropriation limit by a vote of their governing body, The cost of living factor provided here is per capita personal income. If the percentage change in per, capita personal income is selected, the percentage changes to be used in setting the 1997-98 appropriation limit are: 1997 -98: Fiscal Year (FY) Per Capita Change 4.67 percent Population Change 1.35 percent Population converted to a ratio: Per Capita Personal Income Percentage change over prior year 1997 -98 4.67 B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 1997 -98 appropriations limit. 4.67 +100 Per Capita converted to a ratio: 100 1.0467 1.35 100 I00 1.0135 Calculation of factor for FY 97 -98: 1.0467 x 1.0135 1.0608