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96-095 RESOLUTION NO. 96R-95 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 1996/97. 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 1996/97 is calculated by adjusting the 1995/96 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 1996/97. 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 1996/97 be established in the amount of $149,847,962.00. 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 1996/97 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 1996/97 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 ilth day of 3une , 1996. MAYOR OF THE M ATTEST: O019038.02/EEGAN/May 20, 1996 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. 96R-95 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of June, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Felhaus, 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. 96R-95 on the 11th day of June, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of June, 1996. 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. 96R-95 was duly passed and adopted by the City Council of the City of Anaheim on June 1 lth, 1996. CITY CLERK OF THE CITY OF ANAHE~-~ EXHIBIT A 1996/97 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) CALCULATIONS & COMPARISON OF APPROPRIATIONS SUBJECT TO LIMIT FY 1995/96 Adopted Appropriations Limit $142,322,580 Adjustment Factor 1.0529 FY 1996/97 Appropriations Limit $149,847,962 FY 1996/97 Appropriations Limit $149,847,962 FY 1996/97 Appropriations Subject To Limit 212,777 FY 1996/97 Appropriations Limit Margin $149,635,185 FY 1996/97 Appropriations Limit Margin. As a Percent of Limit 99.9% EXHIBIT B 1996/97 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) ADJUSTMENT FACTORS POPULATION - Selected Factor: City Populalion Growth Population count provided by thc State Finartec Department 293,245 Population percent change pursuant to Sections 2227 and 2228 of the Revenue and T~xation Code 0.59% PRICE FACTOR - Selected Factor: California Per Capita Personal 4.67% Income Growth POPULATION AND PPdCE FACTOR CONVERTED TO AN ADJUSTMENT FACTOR A) Population: Converted to a factor 1.0059 B) Price Factor: Converted to a factor 1.0467 Ratio of change: A x B = 1.0529 EXHIBIT C 1996/97 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) APPROPRIATIONS SUBJECT TO LIMIT CALCULATION Total All Revenues $1,067,200 Reduce by Non-Proceeds of Taxes 0 $1,067,200 Add User Fees in Excess of Costs 0 1,067,200 Add User Fees in Replacement of Taxes 0 1,067,200 Subtract Debt Setvice Appropriations 854,423 212,777 Total All Appropriations $1,067,200 Reduce by Non-Proceeds of T~x¢s 0 $1,067,200 Subtract Debt Service Appropriations 854,423 212,777 Appropriations Subject to Limit $212,777 EXHIBIT D 1996/97 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) PROCEEDS OF TAXES CALCULATION PROCEEDS NON-PROCEEDS OF TAXES OF TAXES TOTAL Taxes $1,067,200 0 $1,067,200 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 $1,067,200 $0 $1,067,200 Interest 0 0 0 To~al $1,067,200 $0 $1,067,200 EXHIBIT F TEXT OI/ C;,ANN SI'F. NDIN(;-I.IMIT..\]'ION INI'I'I,\ LIMITATION OF GOVERNMI':NT APPROPRIATIONS. INITIATIVE CONSTITuTIONAl. AMENDMENT. Establishes Had defines annroll appropri~tion limits on shire ~md Io(.~H Covernmental entities based on annual appropriations {or p~ior fiscal year. ITequirux adjustments [or eha~es in cost of living, ~pui~tion end other s~cified fueLors. Appropriation limits may ~ established or tem~raPily changed by electorate. Xequire~ revenues received in excess oF appropriations ~rmitted by this measure to be returned by revision o~ tax rates or rue schedules within two fiscal ye~rs next followinC year excess created. With exeeptio~ provides for reimbuPsement o{ local governments top new prorams or higher level of ~rviees mandated by state. Financial Impact: lndeterminab~e. ARTICLE Xlll B. Sec. !. The total annual appropriations subjeer to limitation of the state and of each local government shall not exceed the appropriations limit of such entity ot government for the prior year adjusted for changes in the cost of living and [x~ulation excopt 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 rd~aU 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. t shaJl be adjusted as follows: (a) In the event that the financial responsibility of providif~g services is transferred, in whole or in part, whether by annexation, ineorporntion or otherwise, from one entity of 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 ot the transferor entity shall be decreased by the same amount. (b) In the event that the financial responsibility of providing s~rviees 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 reven~e.~ of un entity o£ 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) Io the event of an emergency, the appropriation limit may be exceeded provided that the appropriation limits in tile following three years are reduced accordingly to prevent u~ a~gre~ate increase in appropri~tion.~ resulting from the emergency. Sec. 4. The appropriations Ihnit imposed on any new or existing entity o~ government by th~s Article may be established or cha~gedby the electors of such entity, subject to a,~d in conformity with constitutio~d and statutory voting requirements. The durutton of uny such ehunl~e shuU I)e us det~rmi~ed by said electors, hut shall in no event exceed four years from the most recent vote of said electors ere.ting or continuing such change. 1. o~ contrih[~tions are derived J'rom :he pro~'ecds of taxe.% shMll ~or p~rpo~es o~ thl~ Act,cle ~o~;'l[11[e appropclation5 5uhjec[ t() ~iiRi[~11i{,~, {i, I1~[ ye,ir o~ (:(mlrioH[lofl. Nc[th~:r e,~n~tif.t~ appropriations su~,jec[ t~ Sec. G. Wheftever the Ec~isla[ure nr a~y ~l~te a~ency mandates a new program or h~[her level of service on un~' local [0vernmenl, [he st,&te sh~II provide ~ suhventio~ [[mds to reimburse such local ~ovcrnment f~r ti~ costs o~ such procrum or increased level (,~ serv[~e, except that the [~luture ,~eV, b~i need not, prr, vtde st~eh ~ubvention ~un~ (or the ~ollowi~' mandate:~: (u) be~islutive man.ares ~equc~ted by the local e[enc~ ~ffeeted; (b) 'CeEisl~[ion definin[ a new crime o~ ehan~io[ an exist;n[ de~iniLinn of crime; or (c) J.e~isl.tive m~n~.tes enMcted prior Io January I, I975, or execu[ivc orders or reKul.tions initinlly ifnplementi;~ legislation enacted prior [o January I, ~e. 1. Nothin~ in this Article shall be co~trued to im~i~ the ab[iIity o~ the state o~ o~ mty local [overnment to meet its obli~atio~ with res~ct to ex~tin~ o~ ~utufe bonded in~btedne~. Sec. 8. As .~d in this Article and except us otherwi~ ex~re~ly p~ovided (e) "A~r~riatio~ subject to hmitation" of the state s~!l mean any authorization to ex~nd duH~ a [ise61 year the proeee~ of taxes levied by or ~o~ ~ state, exeh~sive of state subventio~ ~e~ the ~e a~ ~ation of toeat [ove~nment (other than subven[im~ t,mde ~umua~t to ~etion G of this A~tiele) and further exet~ive re~un~ o~ taxes, ~nefit payments from retirement, unemployment i~u~a~e and disability ir~u~anee ~un~; (b) "~ppropriatio~ subject to limitation" of an entity of local Kove~nment shal; mean any authorization to ex~nd durinK a fiscal year the p~oeee~ of taxes levied by or for that entity un~ the p~oeee~ of state subven[io~ to that entity (othe~ than subventio~ made pursuant to ~ction 6 of this Article) exclusive of refunds of taxes; (e) "Proeee~ o~ taxes" shall include, bu[ no[ be restricted to, all tax revenues end the proeee~ to an entity of [ove~nment, fcom (i) re[uleto~y liee~es, ~e~ char[es, and use~ fees to the ex[e~tt [hut such p~oeee~ exeee~ the costs reasonably ~rne by such e.tlty i. p~ovidin~ the r~ulatio~, product, o~ ~vice, and (ii) the investment o( revenues. ~ith re~et to any local ~ove~nment, "proeee~ o~ taxes" shall inelu,le ~bvef~ttn.~ received from [he ~[ute, other [hun pur~,m;H to ~etion 6 of this Article, with re.peet to the state, p~ee~ of LaXRS shall exclude such ~ubve~tions; ~:1) "l~eul ~w~rmne~[" sh~11 me,~n a~y eity,.eounty, c~y and courtly, sch~l district, s[mc~ul dis[riot, ~uth~rity, or oiltar pohtie~t suhd~visio~ of or within the stute; (~'} "Co~[ ~)[ Iivt~tK" ~ltull mc.n lhe L~o~sumer Price Index for the United States aS reportc~l ~,v I1,~' U~HcH Si~He~ I)el~rimc~[ ~ Labor, or suc,:essur uKe"cy of the b~ited ~[u[es (;ovcr~.c~H; provi, leC, however, Ih~t for purposes of ~ctiol~ 1, ~l~c ch~nge it, cost of I~vi~g fr,,m the preceding yeur ~h~11 ill IIo ~vcllt ex~teed ~l~e ehm~ge in California ~r 2o[ 3 dally attendale(:(: as determ~ed by a ~,~(:thod pr~.'~crihcd hy th,~ I.~t~sluture; (~) "l)~bt setwee" slmll mca~ uf~pcopr~t,on~ re~u~r(~d to pay th~ co~t of interest and redemption ehar~e~, includi~ the funding of uny reserve or sinkln~ fund required in connection therewith, on indebtedness existing oc legally authorized as of January I, 1979 or on ~nded indebtedness thereufter approved according to law by a vote of the electors of the issuin~ entity votin[ in un election for such pur~se, (h) The "appropriations limit" of each entity o~ government for each fiscal year shall be that amount which total annual appropriations subject to limitation may not exceed under ~ction t and Section 3; provided, Imwever, that the "appropriations limit" of each entity of government for fiscal year ~978-T9 shall ~ the total of the appropriatio~ subject to limitation of such entity for that fiscal year. For fiscal year 1978-79, state subventio~ to local governments, exclusive o[ federal grants, shaU be deemed to have ~en ~rived from the proeee~ o[ state taxes. (i) Except as otherwise provided in Section 5, "'appr~riatio~ subject to limitation" shall not inelu~ local agency loan fun~ or indebtedne~ fun~, inv~tment (or authori~atio~ to invest) fun~ of the state, or o~ an entity of l~al ~overnment in accounts at bm~s or ~vinKs and loan as~eiatio~ or in liquid ~eurities. Sec. 9. "Appropriatio~ subject to limitation" for each entity of government shall ~t inetu~: (a) Debt service. (b) Ai,pr~riatio~ required for pur~ses of eomplyi~ with mandates of the eourt~ or the federal ~overnment which, without discretion, require an ex~nditure for additional ~ervices or which unavoidably make the providi~ of existi~ ~rvices more costly. (e) Appreciations of any special district which existed on January t, t978, and which did not as of the 1~77-?8 fiscal year levy an ad valorem tax on pro~rty in excess of 12~ e~nts ~r $100 of as~ed value; or the appropriatio~ of any s~cial district theu existin~ or thereafter created by a vote of the ~le, which ~ totally funded by other thun the procee~ of taxes. Sec. tO. 'l'hi~ Article ~hull be (,~fective ~ommc~emg with the first ~y of the fiscal yeur following it5 Sec. II. I[ uny ~p~)copriution celerity ~hell be added to or re~noved ~rom uppro{)riuli(~L~ 5uhje~t t~) li~n~t4Hion, pur~uultt to final judgment o[any court of competent jurisd~<.l~(m ~d ~lty up[~H theta[corn, the ~[~prop¥~atio~s limit 5hull he adjusted accordingly. If ~y s~uth)n, i)~r[, ~l.use or phrase in thi~ Artiule i~ for any c~uson held invuhd or u~n~tst Hutlug.H, the remui~in~ ~rt~o~ts of thi~ Article sh~HI ~ot be a[~ected but ~h:HI rc~uht i~ full fnrue ~nd effect. 3of 3 EXHIBIT G DEPARTMENT OF FINANCE 915 L STREET SACRAMENTO, CA 95814~998 May I, 1996 PRICE AND POPULATION DATA FOR LOCAL JURISDICTIONS Appropriations Limit Article XIII B of the California Constitution specifies that app[opriations 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 populatiofi 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 nonresidentiai construction may be obtained from your county Assessor. The enclosures contain price and population factors for setting your 1996-97 appropriation limit. Enclosure I provides the change in Califomia'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 1996-97 limit is included. Enclosure II provides the population percentage change factors for cities and counties. Enclosure IIA provides the population pementage 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 I, 1996. 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 The Demographic Research Unit has adopted a new method of estimating population for the cities and counties. This new method was used for the numbers presented here. The effect is to lower population for the State and most jurisdictions. The new method was used to revise city and county numbers for earlier years in the 1990s. The revisions are available on request. 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. 1 of 5 EXHIBIT G Enclosure I A. Price Factor: Article XIII B specifies thin local jurisdictions select their cost-of-living factor to compute their appropriation limit by a vote o.f their governing body. Local jurisdictions may select either the percentage ch~mge in Califomia per capita personal income or the percentage change in the local assessment roll due to [he 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 the 1996-97 appropriation limit are: Per Capita Personal Income Fiscal Percentage change ~ Year (FY) over prior year 1996-97 5.21 B. Following is an example using sample population changes and the changes in California per capita personal income as growth factors in computing a 1996-97 appropriations limit.* 1996-97: Per Capita Change = 5.21 percent Population Change = 1.06 p~rcent Per Capita converted to a ratio: 5.21 + 100 = 1.0521 100 Population converted to a ratio: 1.06 + I00 = 1.0106 100 Calculationof factor forFY96-97: 1.0521 x 1.0106:1.0633 Conversion of the factor to a ratio eliminates minus numbers. 2 of 5 EXHIBIT G ENCLOSURE II ANNUAL PERCENTAGE CHANGE IN POPULATION MINUS EXCLUSIONSm JANUARY I, 1995 DATE PRINTED TO JANUARY 1, 1996 AND TOTAL POPULATION JANUARY I, 1996. 04/30/96 POPULATION MINUS EXCLUSIONS ~ POPULATION ~NNUAL TOTAL COUNTY PERCENT CHANGE POPULATION CiTY 1995 TO 1996 1-I-95 1-1-96 1-1-96 ORANGE ANAHEIM 0.59 291,536 293,245 293,245 BREA 0.80 34,527 34,802 34,802 BUENA PARK O.11 72,617 72,700 72,700 COSTA MESA O.11 101,155 101,269 102,O84 CYPRESS 0.50 46,167 46,397 46,397 DANA POINT 0.85 35,679 35,984 35,984 FOUNTAIN VALLEY o.13 54,239 54,311 54,311 FULLERTON 0.35 121,630 122.O59 122,O59 GARDEN GROVE 0.09 151,247 151,376 151,376 HUNTINGTON BEACH 0.32 186,587 187,180 187,180 IRVINE 4.45 120,474 125,836 127,220 LAGUNA BEACH 0.89 23,581 23,790 23,790 LAGUNA HILLS 0.32 24,940 25,O21 25,O21 LAGUNA NIGUEL 1.43 54,778 55,561 55,561 LA NABRA 0.25 53,980 54,117 54,1t7 LAKE FOREST O.10 57,571 57,631 57,631 LA PALMA -O.O6 15,513 15,504 15,504 LOS ALAMITOS 0.75 11,422 11,508 12,307 MISSION VIEJO 1.79 88,323 89,906 89,906 NEWPORT BEACH 0.22 68,920 69,O69 69,O69 ORANGE 1.39 118,105 119,742 119,742 PLACENTIA 0.96 44.575 45,003 45,003 SAN CLEMENTE 1.38 45,972 46,607 46,607 SAN JUAN CAPISTRANO 1.11 28,629 28,948 28,948 SANTA ANA -O.17 306,327 305,800 305.800 SEAL BEACH 0.09 25,646 25,668 26,366 STANTON 0.07 31,861 31.882 31.882 TUSTIN 3.73 56,821 58,940 63,619 VILLA PARK 0.46 6,336 6,365 6,365 WESTMINSTER 0.80 81,879 82,536 82,536 YORBA LINDA 0.96 57.084 57,632 57,632 UNINCORPORATED 5.40 165,624 174.,570 179,571 ORANGE COUNTY 1.05 2,583,745 2,610,959 2,624,335 * EXCLUSIONS INCLUDE STATE MENTAL INSTITUTIONS, FEDERAL MILITARY BASES AND STATE AND FEDERAL PRISONS. PAGE 1 3 of 5 STATE OF CALIFORNIA EXHIBIT G PETEWILSON, Governor DEPARTMENT OF FINANCE ~.~ 915 L STREET SACRAMENTO, CA 95814-3706 May 13, 1996 REVISED APPROPRIATIONS LIMIT DATA FOR LOCAL JURISDICTIONS This letter is to inform you that the Department of Finance has corrected the Price Factor, that is, the percentage change in per capita personal income, to be used in setting the 1996 - 1997 appropriation limit. The revised Price Factor is lower than the Price Factor given in Enclosure I of the letter, Price and Population Data for Local Jurisdictions sent to you on May 1, 1996. The old Price Factor was 5.21 percent. The new Price Factor is 4.67 percent. We have revised Enclosure I to reflect the new Price Factor and to show how the new price factor and population factor are used in computing an appropriations limit. We apologize for any inconvenience this revision causes. But we do ask that you notify any affected offices within your jurisdiction of this revision. If you have any questions, please call us at (916) 323-4086. Sincerely, Linda Gage, Chief Demographic Research Unit 915 k Street, 8th Floor Sacrameoto, CA 95814 4 of 5 EXHIBIT G May 13, 1996 Revised 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 jmisdictions 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 the 1996-97 appropriation limit are: Per Capita Personal Income Fiscal Percentage change Year (FY') over prior year 1996-97 4.67 B. Following is an example using sample population changes and the changes in California per capita personal income as growth factors in computing a 1996-97 appropriations limit.* 1996-97: Per Capita Change = 4.67 percent Population Change = 1.58 percent Per Capita converted to a ratio: 4.67 + 100 = 1.0467 100 Population converted to a ratio: 1.58 + 100 = 1.0158 100 Calculation of factor for FY 96-97: 1.0467 x 1.0158 = 1.0632 * Conversioa of the factor to a ratio eliminates minus nuinbers. 5 of 5