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94-112 RESOLUTION NO. 94R-112 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 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. 1989-1 (Sycamore Canyon) 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. 1989-1 (Sycamore Canyon) 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 21s~ day of June , 1994. CITY MAY R~O~TT~~ ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 1853.1\EEqAN\Ma¥ 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-I12 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council herd 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-112 on the 22rid 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-112 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 1994D8 AI~PROPRIATION$ LIMIT COMMUNITY FACILITIES DISTRICT NO. 19~9-1 (SYCAMORE CANYON) CALCULATIONS & COMPARISON OF APPROPRIATIONS $U~JEC'F TO LIMIT FY 1993/94 Adopted App~ationz Limit $130,028,621 Adjustment Factor 1.0255 FY 1994/95 Appropriations Lhnit $133,348,243 FY 1994/95 Appro~iatiom Limit $133,348,243 FY 1994/95 Approprialiom Subject To Limit 86,484 FY 1994/95 Appropriations Limit Margin $133,261,759 1~ 1994/95 Appropriations Limit Margin, As a Porcent of IAmit 99.9% EXHIB1T B 1994/°~3 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) ADJUSTMENT FACTORS POPULATION - Selected Factor: Ci~ Pooulalion Grow6a population count provided by the Stat~ Finance Departmere :290,71:2 Population percent change i~rsuant to g~-tions 2227 and 2228 ofth~ Revenue and Taxation Code 1.83% PRICE FACTOR- Selec~d Factor: California per Capita Peesonal 0.71% Income Growth POPULATION AND PP~ICE FACTOR CONVERTED TO AN ADJUSTMENT FACTOR Population: 2.28%, Conve~',~d to a factor 1.01~3 Price Factor: 0.71 °/~ Converted to a factor 1.0071 Ratio ofchange: 1.0183 X 1.0071 ~ 1.0255 EXHIBIT C 1994/95 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-1 (SYCAMORE CANYON) APPROPRIATIONS SUBJECT TO LIMIT CALCULATION Approptiatiom Subject to Limit $g6,494 EXHIBIT D 1994/9~ APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1999-1 (SYCAMORE CANYON) PROCEEDS OF TAXES CALCULATION PROCEEDS NON-PROCEEDS OF TAXES OF TAXES TOTAL Taxes $649,865 0 $649,865 Stale Subventiom 0 0 0 Service Charges 0 0 0 permit Fees 0 0 0 Fines and Fod'cilurcz 0 0 0 Remals 0 0 0 Sales 0 0 0 Refunds and Reimbursements 0 0 0 Internal Service Charges 0 0 0 Federal and County Subventiom 0 0 0 Contributions 0 0 0 Subtotal $649,865 $0 $649,865 Interest 0 0 0 Tolal $649,865 $0 $649,g65 TEXT O1.' GANN 81'ENDIN(i-I,IMITA'I'ION INITIATIVE ~X~.BIT F LIMITATION OF GOVERNMENT APPROPRIATIONS. INITIATIVE CONSTITUTIONAl, AMENDMENT. I~tablishes and defines annual appropri~tion limits on shire and I(~eal governmental entities based on annual appropriatinns for prior fiscal year. Requires adjustments for eha~es in cost of living, ~pulation and other s~eified factors. Appropriation limits may ~ 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 exception, provides for reimbursement of local governments for new programs or higher level of ~rvices mandated by state. Financial Impact: !ndeterminable. ARTICLE Xlll 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 &rtiele. See. 2. Revenues received by any entity ot government in excess of that amount which is appropriated by such entity in eomplianee 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 providiug services is transferred, in whole or in part, whether by annexation, incorporation or otherwise, from one entity st government to another, then for the year in which such transfer becomes effective the appropriations litnit of the transferee entity shall be increased by such reasonable amount as the said entities shall mutually agree and the appropriations limit ot the transferor entity shall be decreased by the same amount. (b) In the event that the financial responsibility ot 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 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) In tile 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 govermnent by this Article may be established or changed by the electors of such entity, subject to and in conformity with constitutiomll and statutory voting requirements. The durution of any sueIt ehunge sitall he us determined by said electors, but shall in no event exceed four years from tile most recent vote of said electors creating or continuing such change. log 3 ~ -~ ET, HI ax? unemplnymc~lt, re~ervc. retirement, ~nki.~ f. nd, t~ust. or slmlb[r fu,td~ us ii ~hall deem ~eason~ble and p~oper. Contributions to ..y such hJ~, tn th~ ext~nt tb.~ such contributions are derived ~om the p~o~ecds O~ faxes, shalt ~o~ pu~po~e~ o~ thi~ Art,cle 9ons:'i(ute approp.iation~ 5uhject to limit~H.,h i. Ihc yc.r o~ e(mtrim~tion. Ncith~ ~mstilute appropriations subject t(; hmit. Lio.. See. 6. Whe.ever the CeEi~laLure nr any ~l~le a~ef~ey mandates a new pro[rHm hieher level o~ s~rviee on any local [Overnmenl, the st.re 5hG)l provide a subvention or hinds to reimburse such local [ovcrnment [(~r Iho e~[50~ sUCh pro~rum or increased level <~r serv[~e, except that the Legislature ~ne,/, bu~ need not~ prnvide such subvention ~un~ for the rollowing' mandater,; (a) Legislative mandates requested by the local a~eney Hffeeted; (b) 'Ee[islation de~inin¢ a new crime or elmheine an existin¢ derinitinn or 8 crime; or (el I.e¢isl.tive m~nd. tes enHcted prior Io January ], 1975, or executive orders or re~LJlations mi[i~lly implementi=~¢ legislation enHeted prior to January 1, 1975. S3e. 7. NothinE in this Article shah be construed to impair the ablility or the state or o( Rny local ¢overnment to meet its obli¢etio~ with respect to existin~ or future bonded indebtedness. See. 8. As used in this Articte and except us ~therwise exp~e~ly provided herein: (8) "Appropriatio~ subject to hmitation" of the state shall mean any authorization to ex~nd during a fiscal ye8¢ the procee~ or taxes levied by or for the state, exehJsive of state subventio~ for the ~e and ~eration of local ~overnment (other than subventions mHde pursuant to ~etion 6 ~f this Article) and further exel~ive refunds or taxes, benefit payments from retirement~ unemployment i~uranee and disHbility insurenee fun~; (b) "Appropriatio~ subject to limitation" of an entity of 1o~8l ~overnment stroh mean any authorization [o ex~nd during a fiscal year the proceeds or taxes levied by or for that entity and the proeeed~ o~ state subventions to that entity (other than subventions made pursuant to Section 6 of this Article) exclusive of refunds o~ taxes; (el "Proeee~ or taxes" slmti include, but not be restricted to, all tax revenues and the proceeds to an entity of [overnment, f~om (i) reculato~y ticense~, user ehar¢es, and user ree~ to the ex[ent that such proceeds exceed the costs reasonably born~ by such entity iu providin¢ [l~e regulation, product, or service, and (ii) the investment of tax revenues. Wi[h respect to any local [ove~nment, "proceeds or taxes" shall inelu,~ ~bvef~ti~us received from ~he state, other tl~af~ pur~u,~d to Section 6 or this Article, with re~peet to the state, proceeds of [axes shall exclude such subvexations; [~1) "l~ual ~ov(~rnme~t[" shrill me~m ~ny city,. county, ally and county, school distriut, 5[m(:~u[ district, ~uHu)rity, or otlmr p~litical ~uhdivisio~ of or within the state; (~:) "~ost of liviu[" ~hull me4m tim Cons.met Price Index for the U.ited aS reported hy Ihk, UIIilc{I 5tule5 I)elJHrlmeul -¢ Cabol, or successor u[e.ey of the b~ited ~ta[es (;ovcr~m~e.I; provided, however, ttmt For purposes of '~ction 1, the eh..[e if, cost ef livin[ fr.m Ihe preeedi.~ yeur sh~11 in uo evc.t exceed [l~e etum~e in (:alifornia ~r capita perso.al i.comc h'om s. id prc('ed.~ y~mr; 2of 3 (1') "l'opulalio~l" o[ ally ChilLy o[ K*~v('r~ull~nt, ()Jl,(r thrill u ~('hool ~l~t~'~t, 511~lJ be delermumd by a method pre~uribed by tho I.(~ishHl~ru, prow(led tim{ such deternlinatiou shall be revised, .s ne(.essRry, to refit. el the p(,rl,~(h(t ec~lsus ('ul~duuted by (;overnlnent. 'l:he impulation of ~lly ~(,hool district ~ludl b(, 5~,(.h ~eho(d distriet~s daily attendance as determined by a method pceseril)ed hy the I,c~l~luture; (g) "l)ebt scrviee" shall meuu uppropriations requirud to pay the cost of interest and redemption ehar~e5, includi~g the funding of any ~eserve of sinking ~und 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 foc such pur~se. (h) The "appropriation5 limit" of each entity of government ~or each fiscal year shall be that amount which total annual appropriations subject to limitation may not exceed under'Section ] and Section 3; provided, however, that the "appropriations limit" of each entity of government for ~iseal yea~ ~978-~9 shall be the total o~ the appropriatio~ subject to limitation of such entity ~or that fiscal year. ~o~ fiscal year 1978-79, state subventions to local governments, exclusive of federal grants, shaB be deemed to have been derived from the proeee~ of state taxes. (i) Except as otherwise provided in Section 5, "appropriatio~ subject to limitation" shall not include local agency loan fun~ or indebtedne~ ~un~, investment (or authori~atio~ to invest) funds o~ the state, or of an entity of local ~ove~nment in accounts at bauk~ or ~ving~ and 1o~n assoeiatio~ or in liquid securities. Sec. 9. "Apgropciation~ subject to limitation" for each entity of government shall not include: (a) Debt service. (b) Appropriation5 required for pur~ses of eomplyin~ with mandates of the courts or the federal government which, without discretion, require an ex~nditure for additional services or which unavoidably make the pcovidin~ of existi~ services more costly, (el Appropriations o~ any special district which existed on January ], 1978, and which did not as o~ the 1977-78 fiscal year levy an ad valorem tax on pro~rty in excess of 12J cents per $100 of assessed value; or the appropriatio~ of any special district then existing or thereafter created by a vote of the ~ople, which ~ totally funded by other than the proeeed~ o~ taxes. See. 10. This Article shall be <~frective ~ommeuemg with the first day of the fiscal yeur ~ollowmg it5 See. II. If uuy ap[)rol)riation eateKory 5hall be added to or relnoved from appropriuti()ns subject t<) limit~tion, pursuaut to ~inul judgment of any court of competent jurisdi(.tiou m~d any Upl~al therefrom, the ~l)prop~'i~tion5 limit shall be adjusted aoeordinKly. If ~y seelion, i)urt, elHuse or phrase in this Article i~ fo~ any reason held invalid or u~monst~tutiefml, the remuininK ~rtion~ o~ this Article shall not be affected but sh;dl remain in full force and effect. 3of 3 I~T'ATE OI:~CALiFORNIA EXHIBIT G PETE WiL~ON, Om,~mo~ OEPJ~RTMENT OF FINANCE {~ I~1~ L ~TREET SACRAMENTO, CA 95814-4998 May 2, 1994 PRICE AND POPULATION DATA FOR LOCAL 4URISDICTIONS 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 7901Qf 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 $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 reques% 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 EXHIBIT G 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 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 Chan§e = 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 POPULATION ANNUAL TOTAL COUNTY PERCENT CHANGE ] POPULATION CITY 1993 TO 1994 1-1-93 I 1-1-94 1-1-94 ORANGE ANAHEIM I 1.83 285,479 290,712 290,712 '~ BREA I 1.72 34,001 34,587 34,587 BUENA PARK I 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 ].49,615 151,807 151,807 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 12,15~ ~ 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 FEUERAL PRISONS. 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