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94-114 RESOLUTION NO. 94R-114 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 1994/95. 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 1994/95 is calculated by adjusting the 1993/94 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 1994/95. 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 1994/95 be established in the amount of $133,348,243.00. 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 1994/95 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 1994/95 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 21st day of June 1994. MAY~OF THE C~IM ATTEST: CITY~TH~CI~EIM 1851,1\EEGAN\May 31, 1994 2 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. 94R-114 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 21st day of June, 1994, by the following vote of the members thereof; AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-114 on the 22nd day of June, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22rid day of June, 1994. CiTY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 94R-114 was duly passed and adopted by the City Council of the City of Anaheim on June 21, 1994. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT A 1994/95 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) CALCULATIONS & COMPARISON OF APPROPRIATIONS SUBJECT TO LIMIT FY 1993/94 Adopted Appropdafions IAmlt $130,028,621 Adjusanen~ Factor 1.0255 FY 1994/95 Appropriations Limit $133,348,243 FY 1994/95 Appropriations Limit $133,348,243 FY 1994/95 Appropriati~s Subject To Limit 89,645 FY 1994/95 Appropriations l~mlt Margin $133,258,598 FY 1994/95 Appropriations Limi~ Margh~ As a Percent of Limit 99.9% EXHIBIT B 1994~ APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 19~)-3 (THE SUMMIT) ADJUSTMENT FACTORS POPULATION - Selected Factor: Cit~ Population Growth Population ~ount provi&xl by the Sta~ Finance Department 290,712 Population percent change pursuant to Sectiota 2227 and 2228 of the R~venue and Taxation Code 1.83% PRICE FACTOR- Selected Factor: California Pet Capita Personal 0.71% Income Growth POPULATION AND PRiCE FACTOR CONVERTED TO AN ADJUSTMENT FACTOR Population: 2.28%, Conv~ied to a factor 1.0183 Price Factor: 0.71%, Convened to a factor 1.0071 Ratio ofchango: 1.0183 X L0071 = 1.0255 EXHIBIT C 1994/95 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 19~9-3 (THE SUMMIT) APPROPRIATIONS SUBJECt TO LIMIT CALCULATION To~al All Revenuez $94[~,484 Reduce by N~-Proceeds of Taxe~ 0 $948,484 Add U~ F~ M Ex~ of C~ 0 948,484 ~ U~ F~ ~ R~I~ of T~ 0 948.484 Su~ ~ ~ ~afiol~ 858,~39 89,645 To~ ~1 ~o~atiom $948,484 R~ce by Non-~ of T~ 0 $948,484 Su~ ~ S~ ~atio~ 858,839 89,645 ~pro~ati~ Subj~ to ~t $89.645 EXHIBIT D 1994D5 AI~PROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 ('tHE SUMMIT) PROCEEDS OF TAXES CALCUI~TION PROCEEDS NON-PROCEEDS OF TAXES OF TAXES TOTAL Taxes $94g,484 0 $948,484 State Subventions 0 0 0 ¢ ( TAXES t~,ooo 'tEXT Oi~ ~ANN SPENL)IN(;-I,IMITATION INITIATIVE EX~ZB]~T F LIMITATION OF GOVERNMENT APPROPRIATIONS. INITIATIVE CONSTITUTIONAl° AMENDMENT. Establishes and defincs annfrei approprit~tion lira ils on strife a.d Ioe. l governmental entities based on annual appropriations for prior fiscal year· Itcquires 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 Impact: !ndeterminable. ARTICLE Xi[I B, See. 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 east of living and population except as otherwise provided in this &rtiele. 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 schedu].es within the next two subsequent rises! years. Sec. 3. The appropriations timit 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 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 trunsferred, 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 revere,cs of un 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 government shall be decreased accordingly. (c) In tile event of an emergency, the appropriation limit may be exceeded provided thut tile appropriation limits in the following three yours are reduced aeeordingly to prevent an aggregate increase in uppropriations resulting from the emergency. Sec. 4. The appropriations li,nit imposed on any new or existing entity of government by tills Article may be established or changed by the electors of sueh entity, subject to a.d in conformity with constitution{H and statutory voting requirements. The duration of any such change shall I)e us determined by said electors, but shall in no event exceed four ye.rs from the most recent vote of said electors creating or continuing such change. lof 3 dill '~ EX~tI BIT F unempin~mcnt. re~e~vt. retirement, s~n~,ng ~und, trust. or ~tn[lb~r ~llltdb ~& II ~ltfi[[ dee~ reasonable and prope~. Contributions to .ny sach [u~, tn th~ e~tent tlu,[ ~ueh contributions are derived from ~he proceeds Of taxe~, shrill for purposes of thi~ Art,rio const';tote appropriations ~uhjeet to limit.l~<,h i. Ihc ye.r o~ (:<mlrim~tion. Ncith,~r withdrHwnls from any such fund, nor expenditures .I (or m~thori/~tions tn ~r.?epd) :~urh wlLhdruwa~, ;lot truns~ers between or umor.~ su~h (un~ls, shull for ~ul.p~seso[ Lh~s Article e~mstifute appropriations subject t~, hmit.tion. See. 6. Whenever the 5egisleture nr nny slale ugeneg mandates a new program or higher level of service on un~' local government, the stale slmll provide u subvention hinds to reimburse suel~ local government [~r lie costs of such procrum or increased level of ser¥[~e, except that the Legislature may, b,~ need not, pro, vide such subvention fun~ ~or the following mandate~: (a) Legislative mandates requested by the local Agency affected; (b) '~egislation defining a new crime or changing an existing derinit;no crime; or (el I.egisl.tive mnnd. tes enacted prior to Junuary 1, 1975, or executive orders or regul.tions initially implementrag legislet;On en~eted prior to January l, ~e. ?. Nothing in this Article shah be construed to impair the ablility of the state or of nny local government to meet its obligatio~ with respect to existin~ or future bonded indebtedne~. See. 8. As .sod in this Article end except us otherwise expre~ly provided herein: (el "Rppropriatio~ subject to he;tat;on" of the state shall mean any authorization to ex~nd during a fiscal year the proeee~ of taxes levied by or for the state, exclusive of state subventions for the use and ~eration of local government (other than subventions m~de ~ursuant to ~etion 6 ~f this Article) and further exel~ive refunds of taxes, ~nefJt payments from retirement, unemployment insurance and disubility insurance (b) "Rppropriutions subject to limitation" of an eolity of local government shah mean any uuthorization to ex~nd 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 6 of this Article) exclusive of refunds of taxes; (el "Proeee~ of taxes" shall include, but not be restricted to, all tux revenues end the proceeds to an entity of government, from (i) regulatory licenses, user charges, and user fees to the extent thut sneh proceeds exceed the costs reasonably born~ by such entity in providing the regulation, Froduet. or service. and (it) the investment of tax revenues. With respect tO any local government, "proceeds of taxes" shall inelu,te aubventinns received from the state, other than purs..nl to Section 6 of this Article, nnd. with respect to the state, proceeds of taxes shall exclude such subventions; Id) "l~e~l g~w~rmnent" sh~11 mann ~ny eity,.eounty, e~ty and county, school district, s[~nul district, .uthority, or otl~er p~litie~l subdivision of or within the stute; (,:) "Cost of liviuK" shall mean the Consume,' Price Index for the United 8S reported by th,, Urnted States I)epartmenl ~r babo,, or suedesNor uKe.ey of the bolted ~tutes (;overn,.c.t;provided, however, thqt for purposes of '~ction I, the eh.nge ineost ,~[ living fr~m~ the preeediog your sh~11 io no event ex~eed tl~e elamge in California capita persouul ;neonroe from said prc~'edinc 2of 3 (f) "l)opulation"or any entity of K~,vc'rl~m(mt, o~.l,(.r tt,u*~ u .-.~'hool d~trl~t, be determined by a meUIod prescribed by the I.(~h,h,ru, i~ruv~(led that 5uqh determination 5hall be revised, as ne(,e55~ry, Io refl~,ul Ihu I)('r~(l~(' ~cn~u~ ~'umlu~ted by the 'United States I)eparlmenl of ('oremcrae, or 5u(.e,.s~or ~R(,~ey (~f the United States (;overfilnen[, 'l'he impulation o[ ~11y ~(,hool (11~lric( slmll I)(, 5t~t.h ~cho(d d~str~ut's aver~t~e daily attendance us determined by u method prescribed by the I.e[~51ature; (~) "l)ebt service" 5hall mca~ af)propriution~ requir(~d to pay the cost of interest and redemption eharces, ineludin[ the fundin¢ o[ any reserve or sinkinc fund required in connection therewith, on indebtedness existin¢ or legally authorized as of January I, 1979 or on ~nded indebtedness thereafter approved aeeordin¢ to law by a vote o[ the electors of the issuin¢ entity votin~ in an election for such peruse. (h) The "appropriations limit" of each entity of Coyeminent [or each [iseal year shall be that amount which total annual appropriations subject to limitation may not exceed under'Section t and Section 3; provided, however, that the "appropriations limit" of each entity of ¢overnment for [isc~i year ~978-~9 shall be the total o[ the appropriations subject to limitation of such entity tor that fiscal year. For tisea] year t978-79, state subventions to local [overnments, exclusive o[ federal ¢rants, shaB be deemed to have been derived from the procee~ o[ state t~xes. (i) Except as otherwise provided in Section 5, "appropriatio~ subject to limitation" shall not include local a~eney loan [un~ or indebtedne~ fun~, investment authorizatio~ to invest) [un~ ot the state, or of an entity o~ local ~overnment in aeeouuts at bauks or ~vin¢s end loan assoeiatio~ or in liquid securities. See. 9. "ADpropriutio~ subject to limitation" tot each entit~ o~ ¢overnment shall not include; (a) Debt service. (b) Appropriations required [or pur~ses o~ eomplyin¢ with mandates o[ the eourt~ or the [ederal ¢overnment which, without discretion, require an ex~nditure for additional ~erviees or which unavoidably make the providin~ ot existi~ services more costly. (el Appropriations o[ any special district which existed on January [, i978, and which did not as o[ the 1977-78 [isca] year levy an ad valorem tax on pro~rty in excess or 12~ aunts ~r $100 o~ assessed value; or the appropriatio~ o[ any special district tl)en existin¢ or thereafter created by a vote of the ~ople, which is totally tundad by other than the proeeed~ of taxes. See. 10. This Article ~hull be effective ~onHneueHl¢ with the first day of the [iseal year [ollowm~ it5 adoption. See. II. I~ any appropriation eateKory shall be added to or removed from uppropriuli~ms subject to limitedion, pnr~uanl 1o tinat judgment o[ any court of competent jurisdi(ttion ~md ~my epical therefrom, the ~ppro~ri~tio~s limit shall be adjusted accordingly, I¢ ~ny suelion, p~rt, ~l.use or phrase in this Article is [or any reason held invalid or unconstdutiuual, the remuinin~ ~rtions o[ this Article slmll not be a~feeted but sl,;dl remain in tull [oree ~md e~feet, 3of 3 DEPJ~llVIENT OF FINANCE 915 L ~TREET May 2, 1994 PRICE AND POPULATION DATA FOR LOCAL JURISDICTIONS Appropriations Limit Article 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 1994-95 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 1994-95 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, 1994. 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. Page 1 of 4 EXHIBIT G % May 2, 1994 Page 2 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 $]00 assessed value on property within their boundaries as of the ]977-78 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 ]1005.6 and 30462.1 of the Revenue and Taxation Code, Section 21022 Streets and Highways Code, and Section 3842] 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 1, 1994. 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, RUSSELL S. GOULD Director Enclosures Page 2 of 4 Enclosure ! 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 1994-95 appropriation limit are: Per Capita Personal Income Fiscal Percentage change Year (FY) over prior year 1994-95 0.71 B. Following is an example using sample population changes and the changes in California per capita personal income as growth factors in computing a 1994-95 appropriations limit.* lgg4-g5: Per Capita Change = 0.71 percent Population Change: 1.43 percent Per Capita converted to a ratio: 0.71 + 100 = 1.0071 ~,~ 100 Population converted to a ratio: 1.43 + 100 = 1.0143 100 Calculation of factor for FY 94-95: 1.0071 x 1.0143 : 1,0215 * Conversion of the factor to a ratio eliminates minus numbers. Page 3 of 4 EXHIBIT G ENCLOSURE II ANNUAL PERCENTAGE OHANGE IN POPULATION MINUS EXCLUSIONS* JANUARY 1, 1993 DATE PRINTED TO JANUARY 1, 1994 AND TOTAL POPULATION JANUARY I, 1994. 04/28/94 POPULATION MINUS EXCLUSIONS POPULATION ANNUAL TOTAL COUNTY PERCENT CHANGE POPULATION CITY 1993 TO 1994 1-1-93 1-1-94 1-1-94 ORANGE ANAHEIM 1.83 285,479 290,712 290,712 BREA 1.72 34,001 34,587 34,587 ~ BUENA PARK 1.68 71,697 72,898 72,898 COSTA MESA 1,37 99,978 101,345 102,360 CYPRESS 2.34 44,942 45,993 45,993 DANA POINT 2,56 33,958 34,827 34,827 FOUNTAIN VALLEY 1.31 54,260 54,971 54,971 FULLERTON 1.61 119,527 121,456' 121 456 GARDEN GROVE 1.47 149,615 151,807 151 807 HUNTINGTON BEACH 1.23 186,867 189,159 189 159 IRVINE 2.81 116,507 119,780 121 173 LAGUNA BEACH -1,27 24,253 23,944 23 944 LAGUNA HILLS 1.47 24,957 25,325 25 325 LAGUNA NIGUEL 2.91 52,552 54,082 54 082 LA HABRA 1.79 53,177 54,130 54 130 LAKE FOREST 0.54 58,182 58,498 58.498 LA PALMA 0.30 15,635 15,682 15,682 LOS ALAMITOS 0.71 11,287 1t,367 12,15I MISSION VIEJO 2.46 84,088 86,154 86,154 ~ NEWPORT BEACH 0.75 68,784 69,301 69,301 ORANGE 1.46 116,259 117,956 117,956 PLACENTIA 2.29 43,096 44,082 44,082 SAN CLEMENTE 2.00 44,166 45,049 45,049 SAN JUAN CAPISTRANO 1.44 27,904 28,306 28,306 SANTA ANA 0.66 308,384 310,417 310,417 SEAL BEACH 0.73 25,234 25,418 26,053 STANTON 0.78 31,978 32,229 32,229 TUSTIN 4.15 52,818 55,012 59,751 VILLA PARK 0.42 6,402 6,429 6,429 WESTMINSTER 0.43 81,249 81,601 81,601 YORBA LINDA 1.47 56,540 57,369 57,369 UNINCORPORATED 3.50 156,676 162,165 168,059 ORANGE COUNTY 1.64 2,540,452 2,582,051 2,596,51] * EXCLUSIONS INCLUDE STATE MENTAL INSTITUTIONS, FEDERAL MILITARY BASES AND STATE AND FEDERAL PRISONS. 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