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98-117 RESOLUTION NO. 98R-117 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 1998/99. 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 1998/99 is calculated by adjusting the 1997/98 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. 1989-3 (The Summit) appropriations limit for fiscal year 1998/99. 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 1998/99 be established in the amount of $166,207,469,00. 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 1998/99 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 1998/99 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 _~~___ day of June , 1998. 7rn-~ MAYo'R OF THE OF AN IM ATTEST: . ~~~~~ CI Y CLERK OF T E CITY OF ANAHEIM 0026738.01 2 EXHIBIT A 1998/99 APPROPRIATiONS LIMIT COMMUNITY FACILITiES DISTRICT NO. 1989.3 ffHE SUMMIT) CALCULATiONS & COMPARISON OF APPROPRIATiONS SUBJECT TO LIMIT FY 1997/98 Adopted Appropriations Limit $157,630,091 Adjustment Factor 1.05441460 FY 1998/99 Appropriations Limit $166,207,469 FY 1998/99 Appropriations Limit $166,207,469 FY 1998/99 Appropriations Subject To Limit 284,763 FY 1998/99 Appropriations Limit Margin $165,922,706 FY 1998/99 Appropriations Limit Margin, As a Percent of Limit 99.8% EXHIBIT B 1998/99 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) ADJUSTMENT FACTORS POPULATION - Selected Factor: City PODulation Growth Population count provided by the State Finance Department 301,176 Population percent change pursuant to Sections 2227 and 2228 ofthe Revenue and Taxation Code PRICE FACTOR - Selected Factor: California Per Capita Personal Income Growth POPULATION AND PRICE FACTOR CONVERTED TO AN ADJUSTMENT FACTOR A) Population: Converted to a factor 1.0124 B) Price Factor: Converted to a factor 1.0415 Ratio of change: A x B ~ 1.24% 4.15% 1.05441460 EXHIBIT C 1998/99 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO, 1989-3 (THE SUMMIT) APPROPRIATIONS SUBJECT TO LIMIT CALCULATION Total All Revenues $1,140,194 Reduce by Non-Proceeds of Taxes 0 $1,140,194 Add User Fees in Excess of Costs 0 1,140,194 Add User Fees in Replacement of Taxes 0 1,140,194 Subtract Debt Service Appropriations 855.431 $284,763 Tolal All Appropriations $1,140,194 Reduce by Non-Proceeds of Taxes o $1,140,194 Subtract Debt Service Appropriations 855,43 I 284,763 Appropriations Subject to Limit $284,763 EXHIBIT D 1998/99 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) PROCEEDS OF TAXES CALCULATION PROCEEDS NON-PROCEEDS OF TAXES OF TAXES TOTAL Taxes $1,140,194 0 $1,140,194 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 $1,140,194 $0 $1,140,194 Interest 0 0 0 Total $1,140,194 $0 $1,140,194 '" ,.. 0; s: >< '" ~ :i] ::; ~ '" '" =: '" E-o ~ ~ ~ to ~ ~ ~ , '" 0 0: Z Z Q o '" !: ,.. ,.. -< u u ;: ; !:; is "'Q~ ~ 0: .. .. '" '" ~ ~ 0 '" ~ '" ~ :3 en ~ u ~ ~ :: ~ 1: -< z ;;0 ::; ::; o u '" o z u 0 .. ~ ffi ~ '" '" :;lEj ~ f2 ~ OJ ~ '" ~ .. ~ ~ ~ :;j ~ ~ ~ ~ ~ ~ o '" t: '" ~ Iil Ie '" OJ '" ~ ~ ~ ~ '" u '" z ~ 8 ;:; z '" ~ ~ '" f-o I I '" I ~ I I u o .... o o .... o .... o .... o .... '" OJ :;i '" o .... ~ o .... o .... o .... o .... o .... ~ .." '" o' ::!: ;;; .." ~ 0" ::!: .... .." ~ 0" ::!: ;;; '" f-o Z OJ ~ u !5 '" '" 0 OJ '" '" '" ~ -< fi: '" u ffi ~ > '" :;j 0 ~ 0 0 .. .. f-o o .. '" ~ ~ ~ ~ ~ ~ TEXT OF GANN SPENUlNCl-I,IMITATION INITIATIVE EXHIBIT F LIMITATION OF GOVERNMENT APPROPRIATIONS. INITIATIVE CONSTITUTIONAL AMP-NUMEN'!'. Establishes Hnd defines IlnnulIl li(lproprilltion limits on stllte uno loeul governmental entities based on annuul 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 oC tax rates or fee schedules within two fiscal years next following year excess created. Wilh exceptions, provides for reimbursement oC local governments Cor new programs or higher level of services mandated by state. Financial Impact: 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 Cor changes in the cost oC living and population exct:pt as otherwise provided in this Article. Sec. 2. Revenues received by any entity oC 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 ~ubsequent 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 providillg services is transferred, in whole or in part, whether by annexation, incorporation or otherwise, from one entity i)f 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 trlinsferor entity shall be decreased by the same amount. (b) In the event that the financial responsibility of p.roviding 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 revenuc:; of un entity of government, to regulatory licenses, user charges or user fees, then (or the ycar of such transfer the appropriations limit oC such entity of government shall be decreased accordingly. (e) In the event of an emergency, lhe appropriation limit may be exceeded provided thut the appropriution limits in the following three years are reduced accordingly to prevenl un aggrcgute increase in appropriations resulting (rom the emergency. Sec. 4. The appropriations limit imposed on any new or existing entity of government by this Article may be eslttblished or changed by the electors of such entity, subject to lind in conformity wilh constitutionlll and statutory voting requirements. The durution of uny such change shull be itS determined by suid electors, but shall in no event eXceed four yetlrs (rom the most recent vote of said electors crcating or continuing such chungc. 1 of 3 EXBIBI'l'P Sec. 5. Elich entity of guvernmeol n,ay establish such ,COlllillg"<mey,. EIIICrg<,ocy. unemploymclIl, reserVE:. retiremenl, sinking fuod, lrll~t. or simll1lr fund); llS II shall deem reasollable and proper. Contributions to AllY Such fund, to 1he extent thnt suC'h contributions are derived from thc proceeds of toxcs, shnll {or purpo<;es of this Article c~ns~itllte aprroprilltions liuhject to limitnlill', i/l the yellr of cOlltrihulion, Neither wllhcirAWll.ls from !my SII/:h {lIl1d, nor expenditlJl'es oi (ur UlIlIrori":fltions to e~pp.nd) slIdl wllihiruwals, 1I0f" tr/:lo,,{ers between or L1mo;:~ Slwh illll(lS, shull fol' plll'poses of thiS Article c'lOstitllte oppr0printions subject tv Illnilllliofl. . Sec. 6. Whenever the Legislature or Bny stale age/le~' nllwdlites 8 new program or higher level of service on any local government, the state shuJl provide tI suhvention of tunds to reimburse such local government tor tlln costs of such program or ;ncreased level (It service, except that the Legisluture liley, bul. need not, prr,vidc such subvention of funds for the following mandate!;; (a) Legisllitive mannates requested by the loeal agency affected; (b) 'L"egisIBtion defining a new crime or changing an existillg definition of a crimc; or (c) r.egislHtive mllndatcs en/lcledprior to January I, 1975, or executive orders or regultltions initially implementing legislation enacted prior to January I, 19.15. s~c. 7. NoUling in this Article shall be construed to impair the ablility of the !itlite or oC Ilny local government to meet its obligations with respect to existing or future bonded indebtedness. Sec. B. As used in this Article and ex~epf tiS otherwise expressly provided herein: (a) "Appropriation:. subject to hmitulion" of the state shall mean any authori~tltion to expend during a fiscal year the proeeeds of taxes levied by or for the state, exclusive of state subventions for the use ftlld operation oC local government (other than subventions made pursuant to Section 6 (\f this Article) and further exclusive of retunds of taxes, benefit payments from retirement, unemployment insurance and diSAbility insurance funds; (b) "Approprilitions subject to limitation" of an entity of local government shnU mean tiny authorization to expend during a fiscal ycar the proceeds of ta~es levied by or for thtlt entity 8nd the proceed,> of state subventions to thlit . entity (other than subventions made pursuant to Section 6 of this Article) exclusive oC refunds oC taxes; (e) "Proceeds of taxes" shall include,. but not be restricted to, all tllX revenues and the procceds to an entity of government, from (j) regulatory license!;, user charges, and user fees to the extent thut such proceeds ex~ced the costs reasonably borne by such entity in providing the rcgullltion, product, or service, and (ji) the, invest ment of lax revcIlUC~. With respect to any local government, "proceeds oC tlixes" shall inclu,i~ Subvenllons received from the stute, other thun pur:;wHlf. to Section 6 of this Artic!e, IInll, with respect to the stale, proceeds ot lllxes lihlill exclude such subventions; " (e1) "Locnl guv(:rnmelltU shlill menn ony city,. ('oimlY, city tlnd county, :;chool district, spcclUl districl, aUlhurity, or other political subdivision of or within the slate; (d "Cost of living" ~hul1 mClln the Consumer' Pricc Index for the United StRtes as reported by Hw UllitclJ Stutes I>cplirlrncnt of Labo(, or SUC'!cssor llgclICY of the Lnitcd !:>lules (jOVCl'/IlIIclltj provided, howeVer, Ihllt fol' pUl'poses of Section I, the chllllge ire cost of I.iving {rolll tllC preceding ycur Shall in no event ex(!eed the chllllge in Clilifornia per. capilli personul illCOIIIC ftorn snid prt'('cdillg" yellr; 2 of 3 I EXHtar'l' P (0 "Population" of Imy entity of gov('rlllllenl. 011'('1" 1I11J1l u ,;('11001 distdct, shHIJ be determincd by a method prescril>ed I>y the LI!gblutllrc, providcd thut such dctcrminutioll shall be revised, liS nC('CSsRry, to reflecl tile pl'ritJllll' census ('ullductcc1 I>y the United Stull's Department of Commerce, or SW'Cl'ssor 1l~('fICY of the United Stlltes (;overnmellt. 'rhe (lo('ullltion of tiny s('hool dislricl sllloll "I' SIll'!i scllool district's Ilvemge daily attendance liS dctermined I>y H method ('rcscrihed hy the Ll'l,:-isluturc; (g) "Debt sel'vicc" shllll melln up('ropl"illtions required to puy the cost of interest and redemption churges, including the funding of uny reserve or sinking fund required in connection therewith, on indebtedness existing or legally authorized as of January I, 1919 or on bonded indebtedness thereafter approved according to law by a vote of the electors o( the issuing entity voting in an election for such purpose. (h) The "appropriutions limit" of each entity of government (or each fiscal yeur shall be that amount whi.ch totul annual appropriations subject to limitation may not exceed under -Section 1 and Section 3; provided, however, that the "al?propriations limit" of each entity of government (or 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 limittltion" shall not include local agency loan funds or indebtedness funds, investment (or authori:l:tltions to invest) funds of the stute, or of all entity of local government in accounts at btlnks or savings and 10tln 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 (or purposes of complying with mandates of the courts or the fedcral government which, without discretion, require an expenditure for addi lionul services or which unavoidably muke the providing of existing services more costly. (c) A('proprhitions of Bny special district which existed .on January 1, 1978, and which did not as o( thc 1977-78 fiscal year Icvyan ad valorem tax on property in excess of 121 c~nts per $100 of assessed valuc; or the appropriations of any special district thcn existing or thercafter crcttted IJy a vote of the people, which is totally funded by othcr thun the proceeds of tllxes. Sec. 10. This Articlc l'ihull be dfeclivc cOllllllencing with the first day of the fiscal yeur followlllg it:; udoption. Sec. I J. If uny upproprilltion clltc~OI'Y shall be added to or removed from Hppropriutillns stlhjcct to limitlltion, pursuant to final judgment of any court of competent jurisdietion /lnd /Iny tt(,I)c1I1 therefrom, thc Rflpropi'illlions lilllit shall he adjusted accordinl{ly. If /IllY sect illn, purt, clHtlsc or phrHse in this Article hi for uny reuson hcld invulid or unconslitutiolllll. the rClIluininl{ portions of this Article shllllnot be affected but sJr:llI remuin ill full force und effect. 3 of 3 ,..,.AT; O!' CALIFORNiA PET!! 'NIL SON, GCW<n<>- DEPARTMENT OF F!NANCE OP"'CE OF THE OIReCTOR $TATE CA.='ITOL, FlOOM 1145 SACRAMENTO. C4 958:4-4'*'8 EXHIBIT G ~ M:ay 1, 1998 Dear Auditor/Controller/Fiscal Officer: PRICE AND POPULATION DATA FOR LOCAL JL'RISDICTIONS Appropriations Limit Article xm 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 Departnlen! of Finance is mandated to provide the population and California per capita persona! income change data for local jurisdictions to calculate their appropriations limits. The change in the local assessment roll due to local nonresidential construction may be obtained from your county Assessor. The enclosures contain the price factor and population percentage change for setting your 1998-99 appropriation limit. Enclosure I provides the change in California's per capita personal income price factor. An example of how to 1..1tilize this price factor and the population percentage change in calculating your 1998-99 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 arId Taxatio:1 Code and are calculated as of January 1, 1998, Section 2227 specifies that state mental institutions, federal military bases and state and federal prisons be excluded from the percentage char:ge calculations, Population Factors for Special Districts This letter may be received by special districts, which were exempt from establispjIlg appropriation limits by Article XliI B, Section 9(c). Receipt of this letter should not be conscmed as a requirement by the Department of Finance to establish an appropria::ion limit. Auditor/Controller/Fiscal Officer May 1, 1998 Page 2 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 Vebicle 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 tbe completion of tbe 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 CO"Wlty. The request for certification must be received by the Department on or before J"Wle 1, 1998. Further Information Questions concerning population should be directed to the Demographic Research Unit at (916) 323-4086. Enclosures Enclosure 11 Al'lnual Percent Change in Population Mlnue exclusIons- January 1, 1997 to January 1. 1988 and Total Population January 1, 1998 Total County Percent Change - Populatlon r.unua Exclusl~ - Population City 11970811 1-1-87 1-1-t1 1.1-98 ORANGE ANAHEIM 1~4 297476 301176 301176 aREA 1.10 3$.498 35890 35890 BUENA PARK 1.28 73Em 74517 74517 COSTA MESA 0.81 102556 103387 104237 Cyt:>RESS 1.23 47354 .7938 47938 DANA POINT 1.12 364eo 36868 36868 FOUNTAIN VAlLEY 0.82 55176 ~8 55628 FUlLERTON 1,16 123642 125081 12508t GARDEN GROve 0.86 1~ 164398 154398 HUNTINGTON BEACH 1.37 189823 192430 192430 IRVINE 2.32 12&818 131807 133152 LAC>UNA BEACH 1.15 24249 24527 24527 LAGUNA HILLS 0.7. 30158 30381 30381 LAGUNA NIGUEL 1.92 56744 57836 57836 LA HAeM 0.74 54727 55133 55133 LAKE FOREST 0.72 58227 58649 58649 LA. PALMA 0.73 151171 15987 15987 LOS ALAMlTOS 0.99 11664 11779 11854 MISSION VIEJO 2.31 92558 94899 94699 NEWPORT BEACH 2.99 70512 72623 72623 ORANGE 1.59 123105 125065 125065 PL.ACENTIA 2.79 .586S 41143 47143 SAN CLEMENTE 1.28 47633 48242 48242 SAN JUAN CAPISTRANO 4.13 29840 31071 31071 SANTA ANA 0.70 309042 311210 311210 SEAL BEACH 0.77 25954 26155 26742 STANTON 0.12 33210 33449 33449 TUSTIN 3.37 61216 63V8 66420 VIllA PAAK 0.97 64a4 8547 6547 \"IESTM1NSTER 1.34 83717 84835 84835 YORSA L1NllA 2.23 58939 60255 llOl5l> UNINCORPORATED 5.69 182002 192353 198308 COUNTY TOTAL US 2~lS1 2710335 2722291 . EXCluslor.s induele ...aidenw i~ stile mental institutions. federal military installations. and Stall: and feCeral prisons. Pilge' M2y 1, 1998 :Enclosure I A. Price Factor: Article xm B specifies 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 1998-99 appropriation limit are: Per Capita Pernonal Income Fiscal Year (FY) Percentage change over prior year 1998-99 4.15 B. Follo...ing is an example using sample population change and the change in California per capita personal income as growth factors in computing a 1998-99 appropriations limit, 1998-99: Per Capita Change = 4.15 percent Population Change = 1.8 I percent Per Capita converted to a ratio: 4.15 + 100 = 1.0415 100 Population converted to a ratio: 1.81 + 100 == 1.0181 100 Calculation offactor fc,r FY 98-99: 1.0415 x 1.0181:: 1.0604 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. 98R-117 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of June, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 98R-117 on the 16th day of June, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of June, 1998. ~~/(~. 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. 98R-117 was duly passed and adopted by the City Council of the City of Anaheim on June 16th, 1998, .~~'iL~ CITY CLERK OF THE CITY OF ANAHEIM .......