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95-101 RESOLUTION NO. 95R-101 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 1995/96. 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 1995/96 is calculated by adjusting the 1994/95 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 1995/96. 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 1995/96 be established in the amount of $142,322,580.00. 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 1995/96 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 1995/96 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 20th day of June , 1995. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 12076.1\EEGAN\May 24, 1995 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk ~f the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R~0:[was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of June, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-~_03_on the 20th day of June, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of June, 1995. 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. 95R-'10:l. was duly passed and adopted by the City Council of the City of Anaheim on June 20th, 1995. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT A 1995/96 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. I989~3 (THE SUMMIT) CALCULATIONS & COMPARISON OF APPROPRIATIONS SUBJECT TO LIMIT FY 1994/95 Adopted Appropriations Limit $133,348,243 Adjustment Factor 1.0673 FY 1995/96 Approlniations Limit $142,322,580 FY 1995/96 Appropriations Limit $142,322,580 FY 1995/96 Appropriations Subjec~ To Limit 248,807 FY 1995/96 Appropriations Lhnit Margin $142,073,773 FY 1995/96 Appropriations Limit Margin, As a Percent of Limit 99.8% EXHIBIT B 1995/96 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) ADJUSTMENT FACTORS POPULATION - Selected Factor: City Povulation Growth Population count provided by the State Finance Department 296,497 Population percent change pursuant to Sections 2227 and 2228 of the Revenue and Taxation Code 1.92% PRICE FACTOR- Selected Factor: California Per Capita Personal 4.72% Income Growth POPULATION AND PRICE FACTOR CONVERTED TO AN ADJUSTMENT FACTOR A) Population: Converted to a factor 1.0192 B) Price Factor: Converted to a factor 1.0472 Ratio of change: A x B 1.0673 EXHIBIT C 1995/96 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-3 (THE SUMMIT) APPROPRIATIONS SUBJEC'F TO LIMIT CALCULATION Total All Revenues $1,103,417 Reduce by Non-Proceeds of Taxes 0 $1,103,417 Add User Fees in Exceas of Costs 0 1,103,417 Add User Fees in Replacement of Taxes 0 1,103,417 Subtract Debt Service Appropriations 854,610 248,807 Total All Appropriations $1,103,417 Reduce by Non-Proceeds of Taxes 0 $1,103,417 Subtract Debt Service Appropriations 854,610 248,807 Appropriations Subject to Limit $248,807 EXHIBIT D 1995/96 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989~ (THE SUMMIT) PROCEEDS OF TAXES CALCULATION PROCEEDS NON-PROCEEDS OF TAXES OF TAXES TOTAL Taxes $1,103,417 0 $1,103,417 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 Refunds and Reimbursements 0 0 0 Imemal Service Charges 0 0 0 Federal and Coumy Subventions 0 0 0 Contributions 0 0 0 Subtotal $1,103,417 $0 $1,103,417 Interest 0 0 0 Tolal $1,103,417 $0 $1,103,417 TAXE~ $1,103,417 GRAND TOTAL $I,103,417 EXHIBIT F FEXT OF GANN $1'ENDIN(;-I,I~IIT'~TION INI'I'IA FIVI'; LIMITATION OF GOVERNMENT APPROPRIATIONS. INITIATIVE CONSTITUTIONAl, AMENDMENT. I~tabli~hes nnd define~ .nntml appropri,,tion Iimtl.~ on xt.tc ired Im'al governmental entit~es based on annual appropriations for prior froeel year. Requires adjustments for eha~es in east of living, ~pul~tion And otl~er s~eified factors. Appropriation limits may ~ established or temporarily changed by electorate. Require~ revenues received in excess of apDropriations permitted by this measure to be returned by revision of tax rates or fee schedules within two ilseel years next following year excess created. With exception, provides for reimbursement of local governments for new pr~rams or higher level of ~rviees mandated by state. Financial Impact: lndeterminable. ARTICLE Xlll B, Sec. 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 livin& and population except as otherwise provided in this Article. See. :L Revenues received by any entity of government in excess of that amount which is appropriated by such entity in compliance with this Article durin~ the fLseal year shal~ 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. ! 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 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 of the transferor entity shall be decreased by the same amount. (b) In the event that the financial responsibility of providing services is trunsferred, 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 revem~e~ of un entity of governmen[, to regulatory licenses, user char~es or user [ees, then I'or the year of such transfer the appropriations limit of such entity of government shall be decreased accordingly. (e) In the event of an emergency, the appropriation limit may be exceeded provided thut the appropriution limits in the following three years are reduced accordingly to prevent un aggregate increase in appropriations resulting from the emergency. Sec. 4. The appropriations limit imposed on any new or existing entity of government by th~s Article may be e.~t,bli~h~d or changed by the electors of such entity, subject to und in conformity with constitutiomfl and statutory voting requirements. The durutton of any 5ueh chunl~e shuII I)e us determined by said electors, but shall in no event exceed four years from the most recent vote of sa~d electors area ting or continuing such chunga. ].o~ 3 eontril')utions are derived from .h. proceeds Of taxex, shrill for p~lrpo'~es ef th~ ArPcle _one. tl te appropr~ation~ subject t() hm~l.l~{,~, H, II,c ye.r o~ e(.~trioubon. No tl ~r wtti~dr~wa~, ;for tru~.~rs betwar. ~r am~r.~ ~.('h ~11t(t~, sl~ult for ~ut'p~)se~ o~ Lhl~ Artlcl~ c,mstilut~ appropr&~tions subject t(~ Sec. 6. Wheatever the Legislature nr any ~lfile agency nlundate~ u new proKr. m or htgher level of service on ~.¥ local governmesH, the 5hHe ~h~11 provide u subvention ~[mds to reimburse 5u~l~ local government f~)r Ih~ ensts of such progrum or increased level ~,~ service, except that the [,eg~sluture n~ey, b~, need not, prc, vtde such ~ubvention fun~ ~or the ~olJowin~' mandale~,; (a) Legislative man~ate~ requested by tl~e 1,3eel a[enc~ ~eeted; (b) 'L~islation defining a new crime o~ ehan~ing an existing definition crime; or (c) I.cg~sl~tive mhnd. tes enacted prior 1o January ], [975, ~r executive orders or regul.tion5 i[~iti~lly implementing legislation enacted prior to January 1, t975. S3e. ?. Nothin~ in this Article shalt be construed to impair the ab[ility o~ the state or o( mty local ~overnment to meet its obligatio~ with ~espect to existin~ or future bonded in~btedne~. S~e. 8. As .~d in this Article and except as ~the~wi~ expre~ly ~rovided (a) "A~r~riatio~ subject to hmitetion" of the state s~!l mean any autl~orization to ex~nd duri~ a ~iseal year the Dtoeee~ of taxes levied by or for t~ state, exch~sive o~ state subventio~ for the ~e ~i~d ~ration o~ focal ~overnment (othe~ than subventions made ~u~ua~t to ~etion ~ of this Article) and further exel~ive retun~ o~ taxes, ~ne~it payments ~rom retirement~ unemployment i~uranoe and disability insurance ~un~; (b) "Appropriatio~ subject to !imitation" o~ an entity of local government sh~l~ ~nean any authorization to ex~nd during a fiscal year the p~oeee~ or taxes levied by or far that entity and the ~rocee~ o~ state subventio~ to that entity {othe~ than subventio~ made pursuant to ~etion 6 o[ this Article) exclusive of refunds ot taxes; (e) "Proeee~ o~ taxes" shall include, but not be restricted to, all tax revenues and the proeee~ to an entity o~ government, ~rom (i) regulatory liee~es, user charges, and user ~ee~ to the exteut [hut st~eh proeee,'~ exceed the costs reasonably ~rne by such entity i. providin~ the ~egulatio~, product, o~ ~rviee, end (ii) the investment o[ revenues. With re~et to any local government, "proeee~ n~ taxes" shall include ~bve~tmn5 received from the state, other thun pur~.'~H to Section 6 of tl.~ Article, ~n~, with ~espeet to the ~tate, p~ee~ o~ t~xe5 ~hall exclude such ~Jbventions; {~1) "1~1 g(~w~r~tmen[" 5h~11 me~m ~ny eity,.eounty, ¢~ty end county, school district, ~[mc~ul district, au[la)~ity, or otl)er p~l~tic~l ~uhd~visio~ o~ or within the (~.) "~o~t ~)[ liv.~K" ~hull mc~m Ihc ~.~onstn~er Price Index ~or the United States daily ultendant:e us deterlnlned by u ~cthod pr~'scrihcd hy the I.t..gl~luturu; (g) "l)ebt service" 51~11 mean ufq)~opr~.t,on~ required to puy th~ east interest and redemption charge3, including the funding o[ any reserve or s~nkin~ fund required in connection therewHh, on indebtedness existing or legally authorized as of January I, 1979 or on ~nded indebtedness thereafter approved aeeordin[ to law by a vote o~ the electors of the issuin~ entity votin~ in un election for such peruse. (h) The "appropriation5 limit" of each entity of ~overnment 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"apgropriations limit" of each entity of ~overnment for fiscal yea~ 1978-~9 shall be the total of the approptiatio~m subject to limitation of such entity fo~ that fiscal yea~. ~or fiscal year 1978-79, state subventions to local ~overnments, exclusive of federal ~,ants, sha~ be deemed to have been ~rived from the proeee~ o~ state taxes. (i) Except as otherwise provided in Section 5, "a~pro~riatio~ subject to limitation" shall not include local a~eney loan fun~ or indebtedne~ fun~, investment (or authorizatio~ to invest) fu~t~ o~ the ~tate, or of mt entity of !~al government in accouters at bmiks or ~vinKs and loan associatio~ or in liquid ~eurities. Sec. 9. "Ap~ro~riatio~ subject to limitation" for each entity o~ ~overnment shall not (a) Debt service. (b) Ai,progriatio~ required ~or pur~ses o~ eomplyi~ with mandates o~ the court~ or the ~ederal Kovernment which, without discretion, require an ex~nditure additional ~ervices or which unavoidably make the providi~ o~ e~isti~ services more costly. (e) Appr~riutions of any special district which existed on January t, t978, and which did not as of the 1~77-T8 fiscal year levy an ad valorem tax on pro~rty in excess of 12t cents ~r $100 o( as~ed value; or the appropriatio~ of any s~eial district then existing or thereafter created by a vote of the ~ople, which ~ totally funded by o[her thun the proceed~ of taxes. Sec. I O. This Article shall be effective comnteltcmg with Ute first ~y of the fiscal your ~oilowlng it~ See. It. If u~y ,~pl)rol)riulion euteKo,'y ~hull be added to or removed from uppropriuli~)~L~ subject t~ lim~b, lion, p~rsumU to final judgment of any court of competent j,~risd~(.tion ~md ~,ny Upl~l therefrom, the appropi'mtio,~s limit shall be adjusted accordingly. I~ m~y ~eetion, i),,rt, ~l.use or phrase in this Article 15 [or any reason held invuhd or uu~nnstHutlutml, the remuininK ~rt~o~ts o~ this Article slmll ~tot be affected but sh:dl remuin in full [area ~,nd e~fect. 3of 3 EXHIBIT G DEPARTMENT OF FINANCE (~ 915 L STREET SACRAMENTO, CA g5814-4998 May 1, 1995 PRICE AND POPULATION DATA FOR LOCAL JURISDICTIONS Appropriations Limit Article XIII B of the California Constitution specifies that appropriations made by State and local govemments 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 Califomia 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 1995-96 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 1995-96 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, 1995. 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~ 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 Califomia 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 1995-96 appropriation limit are: Per Capita Personal Income Fiscal Percentage change Year flY) over prior year 1995-96 4.72 B. Following is an example using sample population changes and the changes in California per capita personal income as growth factors in computing a 1995-96 appropriations limit.* 1995-96: Per Capita Change = 4.72 percent Population Change = 1.3 l percent Per Capita converted to a ratio: 4,72 + 100 -- 1.0472 100 Population converted to a ratio: 1.31 + 100 = 1.0131 100 Calculation of factor for FY 95-96: 1.0472 x 1.0131 = 1.0609 * Conversion of the factor to a ratio eliminates minus numbers. ENCLOSURE II ANNUAL PERCENTAGE CHANGE IN POPULATION MINUS EXCLUSIONS* JANUARY 1, 1994 DATE PRINTED TO JANUARY 1, 1995 AND TOTAL POPULATION JANUARY 1, 1995. 04/25/95 POPULATION MINUS EXCLUSIONS POPULATION ANNUAL TOTAL COUNTY PERCENT CHANGE POPULATION CITY 1994 TO 1995 1-1-94 1-1-95 1-1-95 ORANGE ANAHEIM 1.92 290,915 296,497 296,497 BREA 1.47 34,612 35,122 35,122 BUENA PARK 1.25 72,949 73,864 73,864 ~'COSTA MESA 1.45 101,416 102,883 103,823 CYPRESS 2.04 46,026 46,963 46,963 DANA POINT 4.12 34,852 36,289 36,289 FOUNTAIN VALLEY 0.29 55,010 55,171 55,171 FULLERTON 1.77 121,540 123,692 123,692 GARDEN GROVE 1.26 151,913 153,824 153,824 HUNTINGTON BEACH 0.27 189,293 189,795 189,795 IRVINE 2.21 119,864 122,513 123,909 LAGUNA BEACH 0.10 23,961 23,985 23,985 LAGUNA HILLS 1.00 25,110 25,360 25,360 LAGUNA NIGUEL 2.27 54,487 55,724 55,724 LA HABRA 1.36 54,168 54,907 54,907 LAKE FOREST 0.19 58~445 58,558 58,558 LA PALMA 0.56 15,693 15,781 15,781 LOS ALAMITOS 2.20 11,376 11,626 12,425 MISSION VIEJO 4.21 86,215 89,841 89,841 ~"NEWPORT BEACH 1.08 69,350 70,098 70,098 ORANGE 1.73 118,037 120,078 120:078 PLACENTIA 2.78 44,113 45,339 45,339 SAN CLEMENTE 3.73 45,081 46,764 46,764 SAN JUAN CAPISTRANO 2.81 28,326 29,121 29,121 SANTA ANA 0.28 310,629 311,491 311,491 SEAL BEACH 2.60 25,436 26,097 26,795 STANTON 0.47 32,252 32,404 32,404 TUSTIN 5.08 55,053 57,849 62,497 VILLA PARK 0.17 6,434 6,445 6,445 WESTMINSTER 1.99 81,659 83,287 83,287 YORBA LINDA 1.15 57,410 58,069 58,069 UNINCORPORATED 4.03 161,983 168,512 173,437 ORANGE COUNTY 1.72 2,583,608 2,627,949 2,641,355 * EXCLUSIONS INCLUDE STATE MENTAL INSTITUTIONS, FEDERAL MILITARY BASES AND STATE AND FEDERAL PRISONS. 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