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90-193 RESOLUTION NO. 90R-193 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 1990/91. WHEREAS, the voters of California on November 6, 1977, added Article XIIIB to the State Constitution placing various limitations on the appropriations of the state and local governments; and WHEREAS, Article XIIIB of the State Constitution provides that the appropriations limit for fiscal year 1990/91 is calculated by adjusting the 1989/90 fiscal appropriations limit for changes in the cost of living and population except as otherwise provided in said Article XIIIB; 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 XIIIB of the State Constitution in determining the Community Facilities District No. 1989~2 (The Highlands) appropriations limit for fiscal year 1990/91. NOW, TltEREFORE, 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 1990/91 be established in the amount of $105,777,512.00. 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 12th day of June, 1990. d ^ OR OF n - I Yy ANAHEI ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ROF/lm/SJM:kh 2460Lb 060190 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF~NAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-193 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of June, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Daly, Pickler and Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-193 on the 13th day of June, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of June, 1990. 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. 90R-193, duly passed and adopted by the Anaheim City Council on June 12, 1990. CITY CLERK OF THE CITY OF ANAHEIM DATE: 18-May-90 CITY OF ANAHEIM COMMUNITY FACILITIES DISTRICT NO, 1989-2 (THE HIGHLANDS) APPROPRIATIONS LIMIT FOR THE FISCAL YEAR COMMENCING JULY 1, 1990 AND ENDING JUNE 30, 1991 DATE: 18-May-g0 EXHIBIT A lg90/91 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) CALCULATIONS AND COMPARISON OF APPROPRIATIONS SUBJECT TO LIMIT FY 1989/90 Adopted Appropriations Limit $100,000,000 Adjustment Factor 1.0578 FY 1990/91 Appropriations Limit $105,777,312 ~ FY 1990/91 Appropriations Limit $105,777,312 FY 1990/91 Appropriations Subject To Limlt 178,560 FY 1990/91 Appropriations Limit Margin $105,598,752 FY 1990/91 Appropriations Limit Margin, As a Percent of Limit 99.8% DATE: 18-May-90 EXHIBIT B 1990/91 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) ADJUSTMENT FACTORS POPULATION Population count provided by the State Finance Department 247,822 Population percent change pursuant to Sections 2227 and 2228 of the Revenue and Taxation Code 1.50% PRICE FACTOR, THE LESSOR OF: Untted States Consumer Prlce Index - All Items March, 1989 122.3 March, 1990 128.7 Change 6.4 Change converted to a percent ratio 5.23% OR California Per Capita Personal Income Growth 4.21% POPULATION AND PRICE FACTOR CONVERTED TO AN ADJUSTMENT FACTOR Population: 1.50%, Converted to a factor 1.0150 Callf Per Cap Income 4.21%, Converted to a factor 1.0421 Ratio of change: 1.0150 X 1.0421 = 1.0578 GANHGH91/BUD DOC DATE: 18-Nay-90 EXHIBIT C 1990/91 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) APPROPRIATIONS SUBJECT TO LIMIT CALCULATION Total All Revenues $1,700,878 Reduce by Non-Proceeds of Taxes 760,000 $940,878 Add User Fees In Excess of Costs 0 940,878 Add User Fees in Replacement of Taxes 0 940,878 Subtract Debt Servlce Appropriations 762,318 178,560 Total All Appropriations $1,700,878 Reduce by Non-Proceeds of Taxes 760,000 $940,878 Subtract Debt Servtce Appropriations 762,318 178,560 Appropriations Subject to Llmlt $178,560 GANHGH91/BUD DOC DATE: 18-May-90 EXHIBIT D 1990/91 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) PROCEEDS OF TAXES CALCULATION PROCEEDS NON-PROCEEDS OF TAXES OF TAXES TOTAL Taxes $940,878 0 $940,878 State Subventions 0 0 0 Service Charges 0 0 0 Permit Fees 0 0 0 Fines and Forfeitures 0 0 0 Rental s 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 Contrl butions 0 760,000 760,000 Subtotal $940,878 $760,000 $1,700,878 Interest 0 0 0 $940,878 $760,000 $1,700,878 Total $1,700,878 GANHGH91/BUD DOC EXHISIT E 1990/91 APPROPRIATIONS LINIT CORNUNITY FACILITIES DISTRICT gO. 1989-2 (THE NIGHlANDS) ANALYSIS OF PRO~ECTED REVENUES INTERNAL STATE SERVICE PERNIT FINES & REFUNDS & SERVICE FED & CO. REVEHUE SOURCE TAXES SUDVENTIONS CHARGES FEES FORFEITURES RENTALS SALES REENBURSENTS REVENUES SOSVENTIONS CONTRISUTNS INTEREST HELLO RODS CFD ASSESSRENTS $940,878 BOND PROCEEDS 760,000 ........................................................................................................................................................ TOTALS $940,878 SO tO tO S0 tO tO tO tO tO $750,000 $0 GRANO TOTAL $1,700,878 GANNGHDJ/BUD DOC TEXT OF GANN SPENDIN(i-IAMITATION INITIATIVE EXI-I'r~IT F LIMITATION OF GOVERNMENT APPROPRIATIONS. INITIATIVE CONSTITUTIONAL AMENDMENT. E.stablishes and defines anm,al appropriation lindIs on state and local governmental entities based on annual 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 sebedules 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. Finaneial Impact: Indeterminable. ARTICLE Xill B. Sec. h 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 axeapt as otherwise provided in this Artiele. Sec. 2. Revenues received by any entity of government in excess of that a,nount 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 See. 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 transfarce 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 tile 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 un 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) Ill tile event of an emergency, tim appropriation limit may be exceeded provided that tile appropriation limits in the followiqg three years are reduced aeeordingly to prevent an aggregate increase in appropriations resulting from the emergency. Sec. 4. The appropriations limit imposed on any new or existing entity of govermnent by this Article may be established or changed by the electors of such entity, subject to a,,d in conformity with constitutional and statutory voting requirements. The duration of any such change shall be us determined by said eleeto,'s, but shall in no event exceed four years from the most recent vote of said electors creating or eonti,ming such change. lof 3 EXHIBIT F Sec. 5. E~etl entily of ~.vernme,~l n.ay establish Such col)ti.~e~<:y, ~mer~eney, unemplnymeut, reserve, retiremenL, sinkbig fu~d, trust. or simJJfir fu,td5 us it shah deem reasonable and proper. Contributions to nny such hJ~l, to ~he extent th~.t such contributions are derived from the proceeds Ot taxes, sh~l{ for purpo~s of this Article constitute appropriations ~ul)j¢ct to limit~tli<,~, i~, tbc yc,r oF cnntribulion. Ncith{~r withdr, wals from ~ny such fund, nor exi)enditurss ~)J (or m~ti.ori~aiion~ to withdrawals, nor transfers bstween or umon~ ~u(th ~un({s, shall for purposes of this Artlelu c,)nstilute appropriations subj~)ct to Sec. 6. Wheuever the Legislature or any stsie agency mandates a new pro, ram hi~her level o~ s~rviee on ~ny {0~1 ~overnmenl, the stale shall provide u subvention funds to reimburse sucl] local government f,~r t{'~e costs of such program or increased level of servi~e, except that the Legislature ~nay, b.{~ need not, provide such subvention fun~ for the followin~ mandaters; (a) Legislative mandates requested by the local agency affected; (b) '~egislaLion defining a new crime or changing an existing definition of a crime; or (e) Legislative mand~tes enacted prior lo Jsnuary l, 1975, or executive orders or regulations initially bnplementing legislation enacted prior to January 1, 1975. See. 7. Nothing in this Article shall be construed to impair the ablility of the state or o~ any local governmenZ to meet its obligations with respect to existin~ or future bonded indebtedness. Sec. 8. As used in this Article and except a~ otherwise expressly provided herein: (a) "Appropriation~ subject to hmitation" of the state shall mean any authorization to ex~nd during a fiscal year the proceeds of taxes levied by or for the stale, exclusive of state subventions for the use at~d operation of local government (other than subventions made pursuant to Section 6 of this Article) and further exclusive refunds of taxes, benefit payments from retirement, unemployment insurance and disability insurance funds; (b) "Appropriations subject to limitation" of an entity of local government sh~11 ~nean any authorization to expend during a fiscal year the proceed~ 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; (c) "Proceeds of taxes" shall include, but not be restricted to, all tax revenues and the proceeds to an entity of government, from (i) regulatory licenses, user charges, and user fees to the exteni that such proceeds exoeed [he costs reasonably borne by such entity in providing t{)e regulation, product, or service. and (i}) the investment of tax revenues. With respect to any local government, "proceeds of taxes" shall include ~ubventions received from the state, other thai{ purs.~nl to Seerion 6 of this Article, ~lnd, with respoet to the state, proceeds of taxes sbaiJ exclude suoh subventions; Id) "l,o~al govermnenl" sh~11 menn rely ~ity,. county, city and courtly, distriaL, special district, ~utbority, or other politioal subdivision of or within the state; (l:) "Co~t of Jivi~l~" sliull mean the Consume.' Pri~e Index for the United States 8S reported i)y the UnileH State5 I)ep~{rt~nenl of Labor', or successor a~euey of tile bnited States (]ovcrllmcnl; provhied, however, Ih.t for purposes of Section 1, Hie ehun~e Jn COSt of living from the preceding year sh. II in rio eve~it exceed the eha.ge in California per eapita personal i~come from said pcet. edi~lg 2of 3 EXHIBIT F (f) "Population" o£ airy entity of g~v(wument, other thall u school district, sh. II be determined by a method prescribed by the Legisiaturu, provided that such determination shall be revised, as necessary, to reflect the {)cri~)(hc ccn~u~ (.on(Jutted by the United States Department of Com~neree, or su(.c~s~or ugt.,ney of the United States (;overnmc.t. The [mpulation of ,ny school district slmll I)t, such school distriet's average daily attendance as determined by a method peeserihed by the I.~gisluture; (g) "Debt service" shall mean appropriations required to pay the eo~t 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 tor each fiscal year shall be that amount which total annual ~ppropri~tions subject to limitation may not exceed under.~eetion 1 and Section 3; provided, however, that the "appropriations limit" of each entity ot government for fiscal year 1978-79 shall be the total o~ 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, sha~ 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 ~un~, investment (or authorizations to invest) funds ot the state, or of an entity of local government in accounts ~t banks or savings and loan associations or in liquid securities. See. 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 whieh~ 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 197%78 fiscal year levy an ~d valorem tax on property in excess or 12~ cents per $100 o~ assessed value; ov 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. See. 1O. This Article shall be effective commencing with the first day of the fiscal year following its adoptiou. See. I I. I~ any appropriation category shall be added to or removed ~rom approprialions subject to limitation, pursuant to final judgment of any court of competent jurisdiction and ,ny apl~al therefrom, the approffriations limit shall be adjusted accordingly. If ~my section, part, el~use or phraso in this Article is for any reason held invalid or uneonstitutiom~l, the remaining portions o~ this Article shall not be affected but sh:dl remain in full force and effect. 3of 3 EXHIBIT G STAI'E OF CALIFORNIA GEORGE DEUKMEJIAN. Goverr~o~ DEPARTMENT OF FINANCE ~ OFFICE OF THE DIRECTOR May 1, 1990 mY PRICE AND POPULATION DATA FOR LOCAL JURISDICTIONS MAY 0 .: 1990 A~ro~riations Limit AS~. RI~NC~ DIR£C"[0R Article XIIIB 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 and the change in the U.S. Consumer Price Index or California per capita income, whichever is less. The Department of Finance is mandated to provide the requisite change data for local Jurisdictions to calculate their appropriation limits. The enclosures contain the new price and population factors for setting your 1990-91 appropriation limit. Enclosure I provides the price factor to be use£ in =he calculation. Included is an example of how to utilize the factors in calculating your new limit. Enclosure II provides the population percent change factor for your city or county. These are estimated pursuant to Sections 2227 and 2228 of the Revenue and Taxation Code. S~eclal Districts Special districts use the population percent change factor for the city or county ~ in which the district is located. If a district is located entirely within one county, the county's change factor is to be used. If a distric~ is located entirely within the unincorporated area, the county or the unincorporated area ~' of the county population change is to be used. If it is necessary to determine a weighted average because district boundaries overlap several Jurisdictions (two or more cities, city and county unincorporated), contact the Demographic Research Unit, Department of Finance (916) 322-4651, for the appropriate procedures. A special district may, no later than June l, 1990, request the Demographic Research Unit to prepare a special district population change estimate for the district. This letter 'may be received by special districts which were exempt from establishing appropriation limits by Article XIIIB, Section 9(c). Receipt of this letter should not be construed as a requirement by the Department of Finance to establish an appropriation limit. Article XIIIB, Section 9(c) states that special districts in existence on January 1, 1978, which levied a tax of 12-1/2¢ or less per $100 assessed value on property within their boundaries as of the 1977-78 fiscal year are permanenCly exempt from establishing appropriation limits. In addition, any special districts in existence or created thereafter whose sole funding source is from non-proceeds of taxes are also exempt. Therefore, special districts which meet either of these two tests do not need to establish appropriation limits. EXHIBIT G ~ -2- Certification Legislation was passed into law in June 1988 concerning certification (Sections 11005.6 and 30462.1 Revenue and Taxation Coda, 21022 Streets and Highways Code, 38421 Vehicle Code). The legislation specified that. if a Department of Finance estimate is greater than the current certified population the Department shall file a certified copy with the Controller not less than 25 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 prior 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 within 25 days of the completion of the estimate. The certification program does not apply to special districts. Questions concerning population should be referred to the Demographic Research Unit at (916) 322-4651. For questions regarding price data contact the Economic Research Unit at (916) 322-2263. For general questions concerning determination of the appropriation limit contact the Budge~ Operations Support Unit at (916) 445-5332. Enclosures EXHIBIT G Enclosure I Price Factor: Section 7901 of the Government Code specifies that the percentage change in the lesser of the March to March U.S.' All Urban Consumer Price Index (CPI) or California 4gh quarter per capita personal income is to be used as an annual percent change in determining the appropriation limit. The percent change to be used in setting the 1990-91 limit is: California per capita personal income: 4.21% B. Population Percentage Change: The attached city and county population percentage changes were prepared pursuant to Sections 2227 and 2228 of the Revenue and Taxation Code and are calculated as of January 1. The change from January 1, 1989 to January 1, 1990 is used in setting the 1990-91 appropriation limit. C. ExamDie ustn~ the factors for the State's aPPropriation limit: Price: 4.21%; Expressed as a ratio: 1.0421 Population: 2.73%; Expressed as a ratio: 1.0273 To calculate total change: 1.0421 X 1.0273 - 1.0705 This example results in a percent change of 7.05%. To obtain the 1990-91 limit: 1989-90 appropriation limit, in ($) x (1.0705) - 1990-91 limit. EXHIBIT G ENCLOSURE II ANNUAL PERCENT CHANGE IN POPULATION MINUS EXCLUSIONS* JANUARY 1, 1989 DATE PRINTED TO JANUARY 1, 1990 AND TOTAL POPULATION JANUARY l, 1990. 04/26/90 POPULATION MINUS EXCLUSIONS POPULATION ANNUAL TOTAL COUNTY PERCENT CHANOE POPULATION CITY 1989 TO 1990 I-1-89 1-I-90 I-1-90 ORANGE ANAHEIM 1.50 244,150 247,822 ~ 247,822 BREA 0.89 33,516 33,815 33,815 BUENA PARK 0.67 66,163 66,608 66,608 COSTA MESA 1.54 92,199 93,617 94,706 ~ CYPRESS 0.82 45,330 45,703 49,703 DANA POINT 4.49 29,849 31,189 31,189 FOUNTAIN VALLEY 0.49 56,108 56,382 56,382 FULLERTON 0.05 111,677 111,737 Ill,737 GARDEN GROVE 0,43 134,713 135,286 135,286 HUNTINGTON BEACH 1.62 188,977 191,630 191,630 IRVINE 2.O1 1OO,398 102,418 102,418 LAGUNA BEACH 0.20 24,950 24,599 24,599 LA HABRA o;87 48,973 49,398 49,398 LA PALMA O.15 16,O96 16,120 16,120 LOS ALAMITOS 1.46 11,227 11,391 12,206 MISSION VIEJO 2.72 73,538 75,537 75,537 NEWPORT BEACH 0.46 69,881 70,202 70,202 ORANGE 1.34 ]o6,290 107,732 107,712 PLACENTIA 1.o8 41,611 42,060 42,060 SAN CLEMENTE 3.34 39,077 40,381 4o,381 SAN JUAN CAPISTRANO 3.15 24,497 25,268 25,268 SANTA ANA -O.92 237,194 235,961 235,961 SEAL BEACH 0.10 .6,4,~ 26,498 27,347 STANTON 0.32 28,335 28,427 28,427 TUSTIN 4.35 41,962 43,789 49,409 VILLA PARK 0.24 6,942 6,959 6,959 WEBTMINISTER o.15 73,290 73,403 73,403 YORBA LINDA 9.36 47,883 52,367 52,367 UNINCORPORATED 8.06 244,982 264,721 271,559 ORANGE COUNTY 2.01 2,265,480 2,311,000 2,326,211 * EXCLUSIONS INCLUDE STATE MENTAL INSTITUTIONS, FEDERAL MILITARY BASES AND STATE AND FEDERAL PRISONS. 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