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92-126 RESOLUTION NO. 92R-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1992/93. 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 1992/93 is calculated by adjusting the 1991/92 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 detremining the Community Facilities District No. 1989-3 (The Summit) appropriations limit for fiscal year 1992/93. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Community Facilities District No. 1989-3 (The Summit) appropriations limit for fiscal year 1992/93 be established in the amount of $123,768,464.00. 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 1992/93 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 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 1992/93 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 County of Orange. 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 16th day of June, 1992 y~~ ATTEST: CITY CLERK OF THE CiTY OF ANAHEIM JLW:lm -2- I:\DOCS\ORDRES\SUMMIT 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. 92R-126 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of June, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-126 on the 17th ~ day of June, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of June, 1992, CITY CLERK OF THE CiTY OF ANAHEIM (SEAL) I, LEO,~{ORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 92R-126 duly passed and adopted by the City Council of the City of Anaheim on June 16, 1992. CITY CLERK OF THE CITY OF ANAHEIM CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) APPROPRIATIONS LIMIT FOR THE FISCAL YEAR COMMENCING JULY 1, 1992 AND ENDING JUNE 30, 1993 DATE: 22-May-92 EXHIBIT A 1992/93 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) CALCULATIONS AND COMPARISON OF APPROPRIATIONS SUBJECT TO LIMIT FY 1991/92 Adopted Appropriations Limit $'121,566,323 Adjustment Factor 1.0181 FY 1992/93 Appropriations Limit $123,768,464 FY 1992/93 Appropriations Limit $123,768,464 FY 1992/93 Appropriations Subject To Limit 166,723 FY 1992/93 Appropriations Limit Margin $123,601,741 FY 1992/93 Appropriations Limit Margin, As a Percent of Limit 99.9% PAGE -1- DATE: 22-May-92 EXHIBIT B 1992/93 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO, 1989-3 (TILE SUMMIT) ADJUSTMENT FACTORS POPULATION - Selected Factor: County Population Growth Population count provided by the State Finance Department 2,496,620 Population percent change pursuant to Sections 2227 and 2228 of the Revenue and Taxation Code 2.47% PRICE FACTOR - Selected Factor: California Per Capita Personal Income Growth -0.64% POPULATION AND PRICE FACTOR CONVERTED TO AN ADJUSTMENT FACTOR Population: 2.16%, Converted to a factor 1.0247 Calif Per Cap Income -.64%, Converted to a factor 0.9936 Ratio of change: 1.0216 X (1.0064) = 1.0181 PAGE-2- DATE: 21-May-92 EXHIBIT C 1992/93 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) APPROPRIATIONS SUBJECT TO LIMIT CALCULATION Total All Revenues $1,026,151 Reduce by Non-Proceeds of Taxes 0 $1,026,151 Add User Fees in Excess of Costs 0 1,026,151 Add User Fees in Replacement of Taxes 0 1,026,151 Subtract Debt Service Appropriations 859,428 166,723 Total All Appropriations $1,026,151 Reduce by Non-Proceeds of Taxes 0 $1,026,151 Subtract Debt Service Appropriations 859,428 166,723 Appropriations Subject to Limit $166,723 PAGE -1 - DATE: 21-May-92 EXHIBIT D 1992/93 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) PROCEEDS OF TAXES CALCULATION PROCEEDS NON-PROCEEDS OF TAXES OF TAXES TOTAL Taxes $1,026,151 0 $1,026,151 State Subventions 0 0 0 Se~'ice Charges 0 0 0 Permit Fees 0 0 0 Fines and For[eitures 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 $1,026,15 'i $0 $1,026,151 Interest 0 0 0 Tolal $1,026,151 $0 $1,026,151 Total $1,026,151 GANSUM93 PAGE -1- DATE: 19-May-9~ ED(HIBIT E T~J(ES STATE SERVICE PERMIT F~NES & GP~NO TOTAL GANSUM93 TEXT Ol" GANN SI'ENL)IN(;-I,IMITATION INITIATIVE EXHIBIT F LIMITATION OF GOVFRNMENT APPP, OPRIATIONS. INI'?IATIVE CONSTITUTIONAl, AMF. NDMENT. '~tablishes and defines anmml aiq)roprintion linlils on state nml local governmental entities based on artmini appropriations for prior fiscal year. Requires adjustments for changes in east 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 Impart: Indeterminable. ARTICLE XIII B. 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. See. 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. See. 3. The appropriations limit for any fiscal year pursuant to Sec. I 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 o~ government to snother, then for the year in which such transfer becomes effective the appropriations limit of the transfarce entity shall be increased by such reasonable amount as the said entities shall mutually agree and the appropriations litnit 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 rayannas of .n entity of govermnent, to regulatory licenses, user charges or user fees, then for the year of such transfer the appropriations limit of such entity of government shall be decreased accordingly. (e) In the event of an emergency, the appropriation limit may be exceeded provided that the appropriation limits in the following three years are reduced accordingly to prevent un aggregate increase in appropriations resulting from the emergency. Sec. 4. The appropriations limit imposed on any new or existing entity of government by this Article m~y be established or changed by the electors of such entity, subject to and in conformity with constitutiomll and statutory voting requirements. The durution of any such change shall be as determined by said electors, but shall in no everit exceed four years from lira most recent vote of said electors creating or cantinning such change. 1of 3 ~' { EXHIBIT F Sec. 5. £ach cnt~v of ~,~vernmc,d n,ay est.~t)lish Such contingency, ~mergcncy, r~Bgonable ~nd proper. ~o~ributions to tiny such contributions are derived from the pro*'eeds Of tuxc:q 5hal~ for purposes of thix Artrole constitute ~ppropriations ~ubject to ]imitnlnm iu Ihc year of eonlrinution. Ncitlmr withdnlwaJs from ~ny SHah [U~;J, nor ~xpenditures ol (or nutl,orizalion~ to n~p~md) See. 6. Whenever the ]=c~J~J~i[tlre m' a~ly ~lale agency mundate~ a new proEram or hi~her level o~ service on ~lly lo~l ~Overnmenl, file shire sh~ll provide Illntis [o reimburse such Jo~aJ ~ovcrnment [,~r lhe costs or such procrum or increased level i~f servh:e, exeep[ that the I,e~JsJature ruby. bl;~ need not, provide such subvention funds for the followinK m~ndale~;; (a) Leffislalive mandates requested by tile local a~eney affected; (b) 'l:eEislaLion defJnin~ a new crime or ehan~in~ crime; or (e) l.e~isl. tive mand.tes ernieLed prior ~o ~anuary 1, ~975, or exeeuti~le orders or reKuJations initially imptementin~ leviMarion enacted prior to January 1, 1975. S~e. 7. Nothing in this Article shall be construed to impair the ablility of the ~:late or of any local government to meet its o~ligations with respect to existing or future bonded indebtedness. See. 8. As used in this Artiele and except as etherwise expressly provided herein: {a) "Appropriations subject to hmitation" of the state shall mean any authorization to ex~nd during a fiscal year tl~e proceeds of taxes levied by or foc the state, exclusive of state subventions for the use and operation or local government (other titan subventions made pnrsuant to Section fi of fids Article) and forther exclusive refunds of taxes, benefit payments from retirement, unemployment insurance and disability insurance funds; (b) "Appropriations subject to limitation" of an eolity 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 made pursuant to Section ~ of this Article) exclusive of refunds or taxes; (c) "Proceeds of taxes" shall include, but not be restricted to, all tax revenues sad the proceeds to an entity of government, from (i) regulatory licenses, user charges, and user fees to tho extent that such proceeds exceed the costs reasonably borne by entity in providing the regulation, product, or service, and (ii) the investment of tax revenues. With respect to any local goveenment, "proceeds or t~xes" shall include aobventious received from the state, other tlmn pursn:ull to Section 6 o~ this Attic}e, and, with respect to the state, proceeds of taxes sb&11 exclude such subventions; fd) "l,oeal gow~cnment" stroll mo~ln any city,. county, city and county, school district, spe(nal district, authurity, or oilier pelitieal subdivision of o~' within the state; 0:) "C)o~t oJ' living" ~:tmll In~11~ lhc t~oBStll/lei' Price Index for the United States as reported by lht' United St~ltes I)ep~trtlnenl or LaboJ, or successor affeney of the United ~tutes (]overlnnent; pcovide~, however, lipit for purposes of Section 1, the eh,mge if, cost of living from tile preceding year slp~]l in no event exceed the glutnEe in C~lli[ornis per capita personal income h'om said prceeding year; 2 of 3 EXHIBIT F (f) "PopubJtjon" of liuy entity of g,~vi,rlunl:rll, oil,or' tt,m~ J, school Ihstl'Jc[, sliM] be determilled by a method prescribed by the determination shall be revised, as flcress~ry, to reflect the perradio ecnxu~ conducted by the Ullilcd St~les I)cl)artmenl of (~ommerce, or (]ovcrnnlcut. The population of lilly ~chool daily attendance us determined by ~ method prescribetl by the l.cglshJture; (g) "l)cbt service" shMI mc~n appropriations required to pay the east 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 u 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 wld.eh total annum appropriations subject to limitation m~y not exceed under'Section 1 and Section 3; provided, however, that the "~ppropriations 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, shah be deemed to have been derived from tl~e proceeds of state taxes. (i) Except as otherwise provided in Section 5, "appropriations subject to limitation" shall not iaetude local agency loan funds or indebtedness funds, investment (or autlmrizutions to invest) ftmds of the accounts at banks or savings and 1o~n associations or in liquid seeuPities. See. 9. "Appropriations subject to limitation" for each entity of government shall not include: (a) Debt service. (b) Appropriations required for purposes of earnplying with mandates of the courts or the fadevol government which, without discretion, require an expenditure for additional services or which unavoidably make the providing of existing services more costly. (e) Appropriations of any special district which existed on January 1, 1978, and which did not as of the 1977-78 fiscal year levy an ad valorem tax on property in excess of 12t cents per $100 of assessed wlue; or the appropriations of any special district then exiMing or thereafter ereMad by a vote of the people, which is totally funded by other then the proceeds of taxes. Sec. 10. This Article shall be effective commencing with the first day of the fiscal year following i~s adoption. See. II. If any appropriation m~tegm'y shMl be added to or removed from uppropriMMns subject to lindt~,tion, ptwsuunt to final judgment of any eou~'t of competent jurisdiction and ~my upl~eM therefrom, tim appropriations limit shMl t)e adjusted accordingly. If ~my section, p~,rt, ebb use or phrase in this Article is for any reason held invalid or tmcot~stitutiomd, the remaining portions of this &'tiele slmll not be affected but sh:dl remain in full force ~m(I effect. 3 of 3 EXII[ BIT G DEPARTMENT OF FINANCE ~ gl5 L STREET $ACFiAMENTO. CA 95~1,~4998 May 1, 1992 PRICE AND POPULATION DATA FOR LOCAL JURISDICTIONS Appropriations Limit Arti'cle XIII B of the California Constitution specifies that appropriations made by State and local governments may increase annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local nonresidential construction. The Department of Finance is mandated to provide the population and California per capita personal income change data for local jurisdictions to calculate their appropriation limits. The change in the local assessment roll due to local nonresidential construction may be obtained from your county Assessor. The enclosures contain price and population factors for setting your 1992-93 appropriation limit. Enclosure I provides the change in California's per capita personal income price factor. An example of how to utilize this price factor and the population percentage change factor in calculating your 1992-93 limit is included. Enclosure II provides the population percentage change factors for cities and counties. Enclosure IIA provides the population percentage change factor for counties and for the total incorporated population of each county. These population percentage changes were prepared pursuant to Sections 2227 and 2228 of the Revenue and Taxation Code and are calculated as of January 1, 1992. Section 2227 specifies that state mental institutions, federal military bases and state and federal prisons be excluded from the percentage change calculations. Population Factors for Cities and Counties Cities and counties should consult Section 7901 of the Government Code for the various population factors that may be used for purposes of change in population. Population Factors for Special Districts Special districts should consult Section 7901 of the Government Code and Section 2228 of the Revenue and Taxation Code for the various population factors that may be used for purposes of change in population. EXIIIB [T d May 1, 1992 Page Z Article XIII B, Section 9(c) states that special districts in existence on January 1, 1978, which levied a tax of 12-1/2 cents or less per $100 assessed value on property within their boundaries as of the 1977-78 fiscal year are permanently exempt from establishing appropriation limits. In addition, any special districts in existence or created thereafter whose sole funding source is from nonproceeds of taxes are also exempt. Therefore, special districts which meet either of these two tests do not need to establish appropriation limits. This letter may be received by special districts, which were exempt from establishing appropriation limits by Article XIII B, Section 9(c). Receipt of this letter should not be construed as a requirement by the Department of Finance to establish an appropriation limit. Certification The certification program applies to cities and counties only and does not apply to special districts. Sections 11005.6 and 30462.1 of the Revenue and Taxation Code, Section 21022 Streets and Highways Code, and Section 38421 Vehicle Code specify 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 a written request not to certify is received by the Department from the city or county 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 for certification must be received by the Department on or before June I, 1992. Further Information Questions regarding per capita income data should be referred to the Economic Research Unit at (916) 322-2263. Questions concerning population should be directed to the Demographic Research Unit at (916) 322-4651. Sincerely, Enclosures l':XllI B I T C Enclosure I A. Price Factor: Article XIII B specifies that local jurisdictions select their cost-of-living factor to compute their appropriation limit by a vote of their governing body. Local jurisdictions may select either the percentage change in California per capita personal income or the percentage change in the local assessment roll due to the addition of local nonresidential new construction. If the percentage change in per capita personal income is selected, the percentage changes to be used in setting 1992-93 appropriation limit are: Per Capita Personal Income Fiscal Percentage change Year (FY) over prior year 1992-93 -0.64 Following is an example using sample population changes and the changes in California per capita personal income as growth factors in computing a 1992-93 appropriations limit.* 1992-93: Per Capita Change = -0.64 percent Population Change - 2.27 percent Per Capita converted to a ratio: -0.64 + 100 : 0.9936 100 Population converted to a ratio: 2.27 + 100 = 1.0227 100 Calculation of factor for FY 92-93: 0.9936 x 1.0227 = 1.0162 * Conversion of the factor to a ratio eliminates minus numbers. EXII[HI'[' (; ENCLOSURE II ANNUAL PERCENTAGE CHANGE IN POPULATION MINUS EXCLUSIONS~ JANUARY I, 1991 DATE PRINTEO TO JANUARY ), )992 ANO TOTAL POPULATION JANUARY ), )992, 04/27/92 POPULATION MINUS EXCLUSIONS POPULATION ANNUAL TOTAL COUNTY PERCENT CHANGE POPULATION CITY 1991 TO 1992 l-l-gl 1-1-92 I-1-92 ORANGE ANAHEIM 2.38 272,912 279,NO8 279,408 8REA 1.94 32,889 33,528 33,528 BUENA P'ARK 1.68 69,652 70,822 70,822 COSTA MESA 1.37 96,137 97,450 98,542 CYPRESS 4.05 42,496 44,218 44,218 DANA POINT 2.27 32,N29 33,165 33,165 FOUNTAIN VALLEY 0.70 53,480 53,853 53,853 FULLERTON 1.71 1;5,N50 117,424 117,424 GARDEN GROVE 2.31 144,715 148,O65 148,O65 HUNTINGTON BEACH 1.43 182,353 184,962 184,962 IRVINE 2.54 111,517 114,346 114,346 LAGUNA BEACH 2.33 23,384 23,929 23,929 LAGUNA NIGUEL 5.51 47,585 50,209 50,209 LA HABRA 1.68 51,508 52,374 52,374 LA PALMA 1.26 15,402 15,596 15,596 LOS ALAMITOS 3.11 10,798 11,134 12,180 MISSION VIEJO 2.4I 73,547 75,319 75,319 NEWPORT BEACH 1.40 67,135 68,O74 68,O74 ORANGE 1.80 112,466 114,489 114,489 PLACENTIA l.~O 41,254 41,831 41,831 SAN CLEMENTE 2.68 42,O44 43,172 43,172 SAN JUAN CAPISTRANO 2.56 26,762 27,448 27,448 SAHTA ANA 1.75 299,61i 304,857 304,857 SEAL BEACH 1.45 24,220 24,571 25,487 STANTON 2.00 30,752 31,367 31,367 TUSTIN 6.15 45,794 48,612 54,739 VILLA PARK 1.12 6,262 6,332 6,332 WESTMINSTER 1.55 78,718 79,937 79,937 -YORBA LINDA 2.50 53,714 55,055 55,055 'UNIN'CORPORATED 5-85 231,519 245,O73 251,470 ORANGE COUNTY 2.47 2,436,505 2,496,620 2,512,198 EXCLUSIONS INCLUDE STATE MENTAL INSTITUTIONS, FEDERAL MILITARY BASES AND STATE AND FEDERAL PRISONS. 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