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94-113 RESOLUTION NO. 94R-113 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 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 determining the Community Facilities District No. 1989-2 (The Highlands) 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. 1989-2 (The Highlands) 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 d~v~of MAYOR OF THE CITY OF AN~ ATTEST: ~ 0L~K 0~' T.~ C~ O~ A~HE~ 1848.1\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-113 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-113 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 22nd 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-113 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. 1989-2 (THE HIGHLANDS) CALCULATIONS & COMPARISON OF API~ROPRIATION$ $UB,W, CY TO LIMIT FY 1993/94 Adopted Appropriations Limit $130,028,621 Adjusimenl Faclor 1.0255 FY 1994/95 Appropfislions Limit $133,348,243 FY 1994/95 Appropriations Limit $133,348,243 FY 1994/95 Apgropfiatiem Subject To Limit 90,306 FY 1994/9~ Appropriations Limit Margin $133,257,937 FY 1994/95 Appropriations Limit Margin, A~ a P~nt of Limit 99.9% EXHIBIT B 1994/95 APPROPRIATIONS LIMIT COMMUNH'Y FACILITIES DISTRICT NO. 19~9-2 (THE HIGHLANDS) ADJUSTMENT FACTORS POPULATION - $~k¢led FaVor: CiW p~oulation Growth Population count pfovided by the $ta~ Fh~c~ Department 290,712 PRICE FACTOR- $el(~t~.d Factor: California per Capita Pemonal 0.71% Income Growth POPULATION AND pILICE FACTOR CONVERTED TO AN ADJUSTMENT FACTOR Poimlation: 2.28%, Converted to a f:,~ctor 1.0183 Price Factor: 0.71% Conycoted to a factor 1.0071 Ratio of chang©: 1.0183 X 1.0071 = 1.0255 EXHIBIT C 1994/9S APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO, 1989-2 (THE HIGHLANDS) APPROPRIATIONS SUBJECT TO LIMIT CALCULATION Total All Revenues $1,022,394 Reduce by Non-ProceSs of Taxe~ 0 $1,022,394 Add U~cr Fe~ in Excess of Costs 0 1,022,394 Add User Fees in Replace~nent of Tax 0 1,022,394 Subtract Debt Service Apl~opriatiom 932,08g 90,306 Total All Appropriations $1,022,394 Reduce by Non-Proceeds of Taxes 0 $I,022,394 Sublrac~ Debt Service Approprlatior~ 932,09g ~0,306 Appropriations Subject to Limit F~XHIBIT D 1994/9~ APPROPRIATIONS LIMIT COMMUlVlTY FACILITIES DI~rRICT NO. 1989-2 (~HE HIGHLANDS) PROCEEDS OF TAXES CALCULATION PROCEEDS NON-PROCEEDS OF TAXES OF TAXES TOTAL Taxe~ $1,022,394 0 $1,022,394 State Subventiom 0 0 0 Ser~ico Charge~ 0 0 0 Pmnlt F~ 0 0 0 Fine~ and Forfeitures 0 0 0 Rentals 0 0 0 Sales 0 0 0 Refunds and Reimbursements 0 0 0 Internal Service Chargcz 0 0 0 Federal and Couuty Subventions 0 0 0 Comributions 0 0 0 Subtotal $1,022,394 $0 $1,022,394 Interest 0 0 0 Total $1,022,394 $0 $1,022,394 TEXT 01" ~ANN SI~ENDIN(;-I,IMITATION INITI^TIVI:. E~IBIT F LIMITATION OF GOVERNMENT APPROPRIATIONS. INITIATIVE CONSTITUTIONAl, AMENDMENT. Establishes and define~ annual appropri,Hion lirails on ~t~ltc and Io<~al ~overnmental entities based on annual appropriatiens for prior fiscal year. Requirus adjustments for eba~es in east of living, ~pul~tion and other s~cified ~actors. Appropriation limits may ~ established or temporarily ehanced by electorate. Requires revenues received in excess of appropriations permitted by this measure to be returned by revision of tax rates o~ fee schedules within two fiscal years next following yea~ excess erected. With exceptio~, provides ~or reimbursement o~ local governments for new programs or higher level of ~rvices mandated by state. Financial Impact: !ndeterminable. ARTICLE Xlll B. Sec. l. 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. Sec. 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 o~' tax rates or fee so. hedules within the next two subsequent fiscal years. See. 3. The appropriations limit for any fiscal year pursuant to See. I shall be adjusted as follows: (s) In the event that the financial responsibility of providif~g 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 litnit 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 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 revenues of un entity of government, to regulatory lieeases, user charges or user fees, then for the year of such transfer the appropriations limit of such entity of govermnent 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 resulting from the emergency. See. 4. The appropriations limit imposed on any new or existing entity of government by this Article may be established or changed by the electors of such entity, subject to and in conformity with constitutional and statutory voting requirements. The duration of any sueit chunge shall I>e as determined by said electors, but shall in no event exceed four years from the most recent vote of said electors crawling or continuing such change. 1of 3 ~ -~ EXRI~IT unemplayment, re~ervc. retirement, Sinking f~nd, trast. or SIRIIHIF fllrldh Us II 5hall deem ~eason~ble and prope~. ContrihuhonS to Hny s{~eh ~umi, t~ fh*~ ext~mt thtlt sueh contributions are derived f~om ~he proceeds O~ [axes, Sh~11 ~o~ purposes e~ thi~ Article 9ons~'it~tte approp.iation~ 5ubject to limihlln,h il, Ihc ye~r o~ c(mtrinution. N~ith~r withdrawals fr~m any s~lch fund, nor exl)enditure~ ,)1 ((,r .utho~i~.tion~ t~ ~.pepd) ~,~rl~ ~mstilute appropriations subject to hmitation. Se~. 6. Whenever the Ee~i~latu~e n~ ~ny slnle a~eney mandates a new pro. ram or hi~her level o~ service on ~ny local ~Overnment, the state ~lmll provide a subvention of ~(l~ds to ~eimburse such Io~al ¢ovcrnment f.r JJ~P e~st5 (~ such p~o~r~m or increased level <,f serv~e, except that the heK~stature (no,/, bu~ need not~ pr~,wde such subvention of fun~ ~or the following' mandate~,; (a) Ee~islative mandates requested bu the local a~eney ~f~eeted; (b) 'Ee~islation deftnine a new crim~ or ehanEin~ an existinc de~initinn of a crime~ or (c) l.e¢isl~tive m~ndates en~eted p~ior Io January l, ]9?5, or executive orders o~ ~e~ul~tion5 initi~11~ implementinc legislation enacted prie~ to January 1, 19~5. S~e. ?. Nothin~ in this Article shall be construed to imgai~ the ab~ility of the state or of ~ny local Eovernment to meet its oblicatio~ with ~espeet to existin~ or future bonded indebtedne~. S~c. 8. As used in this Article and except a~ othe~wise exp~e~ly p~ovided herein: (a) "Appropriatio~ subject to hmitation" of the state shall mean any authorization to ex~nd dutin¢ a fiscal year the p~oeee~ of taxes levied by o~ fo~ the state, exclusive of state subventions for the ~se ~i~d operation of toeal ~ove~nment (othe~ than subventions re.de pursuanl to ~etion 6 nf lhis A~tiele) and fu~the~ exel~ive of refunds of taxes, benefit payments from ~eti~ement~ unemgloyment insurance and dis.bility insurance fun~ (b) "Appropriations subject ~o lindt~tion" of an entity of local ~overnment sh~l~ mean any authorization to ex~nd durin~ a fiscal year the g~oeeeds of taxes levied by or fe~ that entity and the proceeds of state subventions to th.t entity {othe~ than subventions made pursuant to Section 6 of this Article) exclusive of refunds of taxesj (e) "Proeee~ of taxes" shall include, but not be ~estrieted to, all tax revenues and the proceed5 to an entity of cavernmerit, from (i) regulatory licenses, user ehat~es, and user fee~ to the extent that such prococci5 exceed the costs ¢easonably horne by such entity in p~ovidin~ Ihe ~eCu]ation, product, or service, ~nd (it) the investment of tax ~evenues. With respect to any local ~ove~nment, "proceeds ~f taxes" shall inelu.le ~ubventinn5 ~eeeiwd f~om the state, othe~ titan gu~u~tnl to Section 6 of this ArlieIe, an~, with respect to the st~te~ proceeds of taxes sh~11 exclude such subventionsl id) "l~eal ~ow~rnment" sh.11 menn ~ny eity,.eounty, edy and county, school distriut, 5[~(~ul district, ~ulhority, or otl)er politie~ ~ubdivision of or within the state; (~:) "Co~l of living" slmll mean lhe Consumer P~iee Index for the United St~les aS reporlc, d hy Ihv Uniiud 5tale~ I)el)arlment ()~ I.abof, or successor uKe~ey of the Gnited ~lates (;ovurnmcnt; provided, howewr, tim( [or purposes of ~ction 1, Ihc ehan~e it, cost or livin~ [r~m~ Ihu pre~edin~ year sh.11 in uo event ex(~eed the elam~e in California ~r eu[)ita persorrel income [rom said prv(.edin~ year~ 2of 3 (f) "Population" of ulW entity of I~v('rnltl~!nt, otl,¢.r ~t~ult u h~'hoo) (11~tl'let~ shall be delermtned by u metho, I prescribed by the l.egl~hHur~, provided the( ~ueh determination shall be revised, ~s ne(.cs~ry, to reflect the I)er~(Jt(~ ccn~u~ ~'unducted by the 'United States Department of t'omlncreC, or suem.s~or ~,g~.ncy ~f the United States Government. The i~pul~tion of ~ny ~ehool (hairlet slmll be su~'h sel,o~d distrlet's avernge daily attendance us determined by a method prosetilled by th~ I,cgmluture; (g) "Debt service" shrill mean appropriations required to pay the cost of interest and redemption charges, including the fundin~ of any reserve or sinking fund required in connection therewith, on indebtedness existing or legally authorized as of January I, 1979 or on ~nded indebtedness thereafter approved according to law by a Vote of the electors of the issuing entity voting in an election for such pur~se. (h) The "appropriations limit" of each entity of government for each fiscal year shall be that amount which total annual appropriations subject to limitation may not exceed under'Section I and Section 3; provided~ however, that the "appropriations limit" of each entity of government for fiscal year 1978-79 shall be the total of the appropriatiotm 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 the procee~ of state taxes. (i) Except as otherwise provided in Section 5, "appropriatio~ subject to limitation" shall not include local agency loan fun~ or indebtedne~ fun~, investment (or authorizatio~ to invest) funds of the state, or of an entity of local government in accounts at bm~ks or ~vings and loan assoeiatio~ or in liquid securities. See. 9. "Appropriatio~ subject to limitation" for each entity of government shall not include: (a) Debt service. (b) Appropriations required for pur~ses of complying with mandates of the courts or the federal government which, without discretion, require an ex~nditure for additional services or which unavoidably make the providing of existi~ services more costly. (el 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 pro~rty in excess or 12~ cents ~r $100 of assessed value; or the appropriatio~ of any special district then existing or U~ereafter created by a vote o¢ the ~ople, which is totally funded by other than the proceeds o¢ taxes. See. 10. This Article shall be effective commencing with the first day of the [iseal year following its adoption. See. II. I¢ any appropriation eatcKory shall be a~ded to or removed from appropriuli~ms subject to limit~dion, pur~uan~ Io final judgment of any court of competent jurisdiction and ~my upl~al therefrom, U~c approp~'iations limit shall he adjusted accordingly. If a~y see~ion, I)~rt, ~l~use o~ phrase in this Article is for any reason he~d invalid or unconstdutimml, the remaining ~rtions of thi~ Article shall not be affected but sh:dl remain in full force and effect. 3of 3 I~TATE OF,'C^LIFOI:INIA EXHIBIT G PETE WlL~ON. DEPARTMENT OF FINANCE gl 6 L ~TREr-'T SACRAMENTO. CA 95814-4998 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, ]978, which levied a tax of 12-1/2 cents or less per $100 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 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 ], 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 Inclosures Page 2 of 4 EXHIBIT G 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.* 1994-95: 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 CHANGE IN POPULATION MINUS EXCLUSIONS* JANUARY 1, 1993 DATE PRINTED TO JANUARY 1, 1994 AND TOTAL POPULATION JANUARY 1, 1994. 04/28/94 POPULATION MINUS EXCLUSIONS I POPULATION ANNUAL I TOTAL COUNTY PERCENT CHANGEl I POPULATION CITY 1993 TO 1994 I 1-1-93 I 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 '1 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 11,367 12,15f ~,~ 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 2,596,511 * EXCLUSIONS INCLUDE STATE MENTAL INSTITUTIONS, FEDERAL MILITARY BASES AND STATE AND FEDERAL PRISONS. 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