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92-124 RESOLUTION NO. 92R- 124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING THE COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) 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 determining the Community Facilities District No. 1989-1 (Sycamore Canyon) 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. 1989-1 (Sycamore Canyon) 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 F~THER RESOLVED 'that said appropriations limit herein established may be changed as deemed necessary ~ 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 ATTEST: CITY CLE~ OF TI~E CITY OF ~IM JLW:lm -2- I: \DOCS\ORDRES\SYCAMORE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) es. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-124 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-124 on the 17th.~ day of June, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the ~ty o[ Anaheim this 17th day of June, 1992. 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. 92R-124 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. 1989-1 (SYCAMORE CANYON) 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, 1989-1 (SYCAMORE CANYON) CALCULATIONS AND COMPARISON OF APPROPRIATIONS SUBdECT 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 103,046 FY 1992/93 Appropriations Limit Margin $123,665,418 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, 1989-1 (SYCAMORE CANYON) ADJUSTMENT FACTORS POPULATION - Selected Factor: County Populatian Growth Populatian count provided by the State Finance Department 2,496,620 Population percent change pursuant ta 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 PAGEd- DATE: 20-May-92 EXHIBIT C 1992/93 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) APPROPRIATIONS SUBJECT TO LIMIT CALCULATION Total AIt Revenues $663,154 Reduce by Non-Proceeds of Taxes 0 $663,154 Add User Fees in Excess of Costs 0 663,154 Add User Fees in Replacement of Taxes 0 663,154 Subtract Debt Service Appropriations 560,108 103,046 ....................... Total All Appropriations $663,154 Reduce by Non-Proceeds of Taxes 0 $663,154 Subtract Debt Service Appropriations 560,108 103,046 ~1~ Appropriations Subject to Limit $103,046 PAGE -1- DATE: 19-May-92 EXHIBIT [3 1992/93 APPROPRIATIONS LIMIT CQMMUNITY FACILITIES DISTRICT N©. 1989-1 (SYCAMORE CANYON) PROCEEDS OF TAXES CALCULATION PROCEEDS NON-PROCEEDS OF TAXES OF TAXES TOTAL Taxes $663,154 0 $663,154 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 Reimborsements 0 0 0 Internal Service CharQes 0 0 0 Federal end County Subventions 0 0 0 Contributions 0 0 0 Subtotal $663,154 $0 $663,154 Interest 0 0 0 Tota~ $663,154 $0 $663,154 Total $663,154 GANSYC93 PAGE -1- TAXES PAGE T£XT OF GANN SPt{NDIN(;-J,IMYI'ATION INYI'IA'J'IVE EXHIBIT F LIMITATION OF GOVERNMENT APPROPRIATIONS. INITIATIVE CONSTITUTIONAl, AMENI)MENT. Establishes and define.~ anntml appropriation lirails on state nnd local governmental entities based on annt,ul 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. liequires 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 exeeptions~ provides for reimbursement of local governments for new prograins or higher level of services mandated by state. Financial Impact: Indeterminable. ARTICLE XIII 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 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. Sec. 3. The appropriations limit for any fiscal year pursuant to See. 1 shall be adjusted as follows: (a) In tile 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 nnother, then for the year in which such transfer becomes effective the appropriations limit of the transrefer entity shall be increased by such reasonable amount as the said entities shall mutually agree and the appropriations li~nit of the transferor entity shall be decreased by the same amount. (b) In the event that the financial responsibility of providing serviccs 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 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 the event of an emergency, the appropriation limit may be exceeded provided that tile appropriation limits in tile following three years are reduced accordingly to prevent an aggregate increase in appropriations restilting from the emergency. Sec. 4. The appropriations limit imposed on any new or existing entity of government by this Article may be established or clmnged by the electors of such entity, subject to und in conformity with coustitutional and statutory voting requirements. The duration of any such change shall be us determined by said electors, but shall in no event exceed four ye~,rs from the most teecot vote of said electors creating or continuing such change. lof 3 / ( EXHIBIT F Sec. 5. Eaeb e;~tily of g~vern~n~,~l may estaDlish $u~:h eoutiug(umy, unemployment, reserve. retirement, sinki,Lff fired, trust. or slmli,~r fmxds us il shall deem r~asonable and proper. Contributions to an~ such fu~l, re, the ex%ent tlmt such contributions are derived from the proceeds of taxes, shtdl fo~ purposes of thi~ Art,ele eOns%itnte ,ppropri~ltions subject to limitali,h i~, ~hc year of eontrinution. Neither withdr, wals from any such fun4, nor expenditures oi (or mdl,ori~dions to i~pend) suni1 withdruwais, ;~or trueislets betwee~ or umop.~ su~d~ lauds, shalt for purposes of th~s ArtktJe constitute appropriations su[:,j~:c[ to hm~ta[ion. See. 5. Whenever the Legislature nr any ~la~e a~eney mandates a new pro,ram or higher level of service on un~' local ~Overnment, the state stroll provide a subvention of funds to reimburse such local ~overnment fro' Ih,~ ensts c,f such pro,ram or increased level ~f serv~e, except that the l.e~isIature ,n~V, bu~ need not, pro, vide such subveution funds for the followinff mandate~;: (a) l.e~islalive mandates request~d by the local a~eney affected; (El 'lfe~is]ation definin~ ~ new crime or ehan~ing an existin~ definitinn of crime; or (el l.egislative mandates enacted prior to January l, 1975, or exeeutiv(: orders or re~uh~tions initially implementin~ legislation enacted prior to January 1, S~e. 7. Nothin~ ia this Article slml~be construed toimpair the ablility of the state or of ~ny local Eovernment to meet its obligations with respeet to existin~ or future bonded indebtedness. See. 8. As used in this Article and except as otherwise expressly provided herein: (a) "A~propriation~ subject to hmitation" of the state shall mean any authorization to expend durinK a fiscal year the proceeds of taxes levied by or for the state, exclusive of state subventions for the use ai~d operation of local Eovernment (other than subventions m~de 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 Kovernment shall mean any authorization to expend durin~ a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to theft entity (other than subventions made pursuant to Section 6 of this Article) exclusive of refunds of taxes~ (el "Proceeds of taxes" shall i~elude, but not be restricted to, all tax revenues and the proceeds to an entity of ~overnment, from (i) reEulatory licenses, user ehar~es, and user fees to the extent that sueh proceeds exceed the eosts reasonably borne by sneh entity in providin~ the re~ub~tion, product, or service, and (ii) the investment of revenues. With respect to any local ¢overnment, "proceeds of taxes" shall include Subve~;tious received from the state, other than pursu~d toSeetion6 of this Article, with respect to the state, proceeds of taxes sb¢,11 exelude such subventions; (d) "l.oeal ~ow~rument" shall menn any city,. county, city and county, school district, speeml district, authority, or other political subdivision of or within the state; (,:) "Cost el' livi~"~:hall meanlhc Consume,' Price Index for the United States as repartcd b~ the U~iled Stratos I)cp~rtlnerd ~f Labo,, or successor uge~ey of the t, aited States Gorefranco,t; provideC, however, theft for purposes of Section 1, the eha~ge it, cost of living from tbu preceding year six,all in no event exceed the ehmxge in California per capita pel'~ouaJ iJiCOllle from said pre('ediug year; 2of 3 EXHIBIT F (f) "Population" of any entity o£ l[~vermn(~nt, ()tl,(.r than u s(thool Histrier, shall be determined by ~ metho,l prescribed by the l.cgiM~d~,'c, provided that such determination 5haJJ be revised, as nc~'cssary, to reflect the I)(,ri~)d~e eenstlS ('Oil(JUt:led by the United St~tes Department of (~ommeree, or 5u('e~.ssor ~l[~'~tcy of lhc U*fitcd States (;overamour. The Impulation of m~y school district hlu,II b(. sm.h scho{)l district's avct'~tge daily attendance as determined by a method prescribed by the I.cg~slature; (g) "Debt service" shall mean Ul)propriations re(luir{~d to pay the cost of interest and redemption charges, ineludin~ the fundin~ of any reserve or sinking fund required in connection therewith, on indebtedness existing or legally authorized as or January 1, 1979 or on bonded indebtedness thereafter approved according to law by a vote of the electors of the issuing entity votin~ in an election for such purpose. (h) The "appropriations limit" of each entity of ~overnment for each fiscal year shall be tlmt amount which total annual appropriations subject to limitation may not exceed under'Section 1 and Section 3; provided, however, that the "appropriations limit" of each entity of ~overnment for fiscal year 1978-79 shall be the total of the appropriations subject to limitation of such entity for that fiscal year. For fiseat year 1978-79, state subventions to local governments, exclusive of federal grants, shah 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 hinds or indebtedness funds, investment (or authorizations to revest) funds of the state, or of an entity of local government in accounts at baaks or savings and loan associations or in liquid securities. See. 9. "Appropriations subject to lhnitation" 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 ~overnment which, without discretion, require an expenditure for additional services or which unavoidably make the providing of existing services more costly. (c) Appropriations o[ any special district which existed on January 1, 1978, and which did not as or the 1977-78 fiscal year levy an ad valorem tax on property in excess or t2t cents per $100 or assessed vMue; or the appropriations of any special district then existi[~[ or thereafter created by a vote o[ the people, which is totally funded by other than the proceeds of taxes. Sec. 10. This Article shall be effective comme,teing with the first day of the fiscal year following its adoptida. See. II. Ir any appropriation category shall be added to or removed from ,ppropriulions subject t(> limit,dion, pm'sutlnt tO fired judgment of any court of competent jurisdiction alld ~tny appetll therefrom, the appropi'iations limit sh,,11 be adjusted accordingly. I[ ,my section, p~rt, chmse or phrase in this Article is for any reason held invalid or unconstitutiomH, the remuinb~K portions of this Article shzHl not be affected but sh:dl remain in full force trod effect. 3of 3 DEPARTMENT OF FINANCE 815 L STREET 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 foK 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. May 1, 1992 Page 2 Article XIII B, Section 9(c) states that special districts in existence on January 1, 1978, which levied a tax of 12-i/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 1, 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 EXH! B IT (; 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 B. 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. l<Xllil~i'~ G ENCLOSURE I ANNUAL PERCENTAGE CHANGE IN POPULATION MINUS EXCLUSIONS~ JANUARY 1, 1991 DATE PRINT~ TO JANUARY 1, 1992 AND TOTAL POPULATION JANUARY l, 1992. 04/27/92 POPULATION MINUS EXCLUSIONS POPULATION ANNUAL TOTAL COUNTY PERCENT CHANGE POPULATION CITY 1991 TO 1992 1-1-91 1-1-92 1-1-92 ORANGE ANAHEIM 2.38 272,912 279,~O8 279,4e8 BREA i.94 32,889 33,528 33,528 BUENA PARK 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 32,423 33,165 33,165 FOUNTAIN VALLEY 0.7O 53,480 53.853 53,853 FULLERTON 1.71 115,450 117,424 117,424 GARDEN GROVE 2.31 I4~,715 Ik8,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 2.41 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 1.40 41,254 41,831 41,831 SAN CLEMENTE 2.68 42,044 43,172 43,172 ~,~ SAN JUAN CAPISTRANO 2.56 26,762 27,448 27,448 SANTA ANA 1.75 299,61i 304,857 304,857 SEAL BEACH 1.45 24,220 24,571 25,~87 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,O55 55,055 'UNIRCORPORATED 5.85 231,519 245,073 251,470 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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