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95-100 RESOLUTION NO. 95R-100 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 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. 1989-2 (The Highlands) 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. 1989-2 (The Highlands) 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 1207~.1\EEGAN\Hay 24, 1995 2 STATE OF CAUFORNIA ) 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. 95R- 100was 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: Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None ABSTAINED: MAYOR/COUNCIL: Tait AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-100 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-100was duly passed and adopted by the City Council of the City of Anaheim on this June 20th, 1995. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT A 1995/96 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 19~9-2 (THE HIGHLANDS) CALCULATIONS & COMPARISON OF APPROPRIATIONS SUBJECT TO LIMIT FY 1994/95Axlopted Appropriations Limit $133,348,243 Adjustment Factor 1.0673 FY 1995/96 Appropriations Limit $142,322,580 FY 1995/96 Approprialiona Limit $142,322,580 FY 1995/96 Appropriations Subject To Limit 331,028 FY 1995/96 Appropriations Limit Margin $141,991,552 FY 1995/96 Appropriations Limit Margin, As a Percent of Limit 99.8% EXHIBIT B 199~9~ APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 19~9-2 (THE HIGHLANDS) AIX1USTMENT FACTORS POPULATION - S¢lectad Factor: City pooulation Growth Population count provided by the Sta~e Finance Department 296,497 Population percent change pursuant to Sections 2227 and 2228 of the Revenue and Taxation Code 1.92% PRICE FACTOR - Sel~ted Factor: California Per Capita Personal 4.72% Incon~ Growth POPULATION AND PRICE FACTOR CONVERTED TO AN ADJUSTMENT FACTOR A) Population: Conveiled 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, 19~9-2 (THE HIGHLANDS) APPROPRIATIONS SUBJECT TO LIMIT CALCULATION Total All Revenues $1,262,700 Reduce by Non-Proceeds of Taxes 0 $1,262,700 Add User Fees in Excess of Costs 0 1,262,700 Add User Fees in Replacement of Tax 0 1,262,700 Subtract Debt Service Appropriations 931,672 331,028 Total All Appropriations $1,262,700 Reduce by Non-Proceeds of Taxes 0 $1,262,700 Subtract Debt Service Appropriations 931,672 331,028 Appropriations Subject m Limit $331,028 EXHIBIT D 199.~96 APPROPRIATIONS LIMIT COMMUNITY FACILITIES DISTRICT NO. 1989-2 (THE HIGHLANDS) PROCEEDS OF TAXES CALCULATION PROCEEDS NON~PROCEEDS OF TAXES OF TAXES TOTAL Taxes $1,262,700 0 $1,262,700 State Subvemions 0 0 0 Service Charges 0 0 0 Peanit Fees 0 0 0 Fines and Forfeitures 0 0 0 Rentals 0 0 0 Sales 0 0 0 Refi~nds and Reimbursements 0 0 0 Intornal Service Charges 0 0 0 Federal and County Subventions 0 0 0 Contributions 0 0 0 Subtotal $1,262,700 $0 $1,262,700 Interest 0 0 0 Total $1,262,700 $0 $1.262,700 EXHIBIT F FEXT O1" GANN SPENDIN(;-I,IMIT,\TION INI'I'IA LIMITATION OF GOVERNMENT APPROPRIATIONS. INITIATWE CONSTITUTIONAl, AMENDMENT. I:Lslablishes and define~ nnnu. I appropritltlon lilllil.~ ~n sitItC IIIId Ine~d ~overnmental enlit~es based on ann.ul appropriations for prior fiscal year. Requirus adjustments fo~ eba~es in cost of living, ~pul~tion ~nd other s~eified ~aetors. Appropriation limits may ~ established or temporarily changed by electorate. Requi~e5 revenues received in excess of appropriations permitted by this measure to be ~eturned by revision o~ tax rates or fee schedules within two fiscal years next following year excess e~eated. With exception, provides for ~eimbursement of local governments for new prorams or higher level of ~rviees mandated by state. ~inaneial Impact: Inde term innhie. ARTICLE Xlll B. See. !. 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 p<~ulation 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 sha~ be returned by a revision of tax rates or fee schedules within the next two subsequent fisea! years. See. 3. The appropriations limit for any fiscal year pursuant to See. t shall be adjusted as follows: (a) In the event that the financial responsibility of providi~,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 limit of the trartsferee 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 reven.e.~ of un entity of government, to regulatory licenses, u~r eharEes or user fees, then for the year of such transfer the appropriations limit of such entity of govermnent shall be decreased accordingly. (e) In tl~e event of an emergency, the appropriation limit may be exceeded provided that the appropriation limits in the following three years are reduced accordingly to prevent un aggregate increase in appropriation.~ resulting from the emergency. Sec. 4. The appropriations limit imposed nn any new or existing entity of government by tl.s Article may be established or cba.gedby the electors of such entity, subject to u.d in conformity with eonstitution~d and statutory voting requirements. The durution of any such change ~bull be us determined by said electors, but shall in no event exceed four yeMrs from the most recent vote of said elector5 creating or continuing such change. ~o~ 3 contrir)utions are derived frnm :he proceeds Of ~.axe~, sh~11 for purpo'~es (3f th~ Art*tie ~onR:ltll[e apprope~tion~ 3uhject to hmH.t~,h U' Ihc yc~r O~ (~ltlri~H[lOR. ~,mstilut~ appropriations subJeCt t(: Sec. 6. Whenever the bc~i~lature nr 8ny ~Inle a~e~icy nlxndate~ a new pro[r~m or ht[her level of service on .n~' local [overnmenl, the st.re ~hGII provide u subvention o~ iliads to reimburse such local [ovcrnment [~r llm cn~t5 c~F such prn~um or increased level ~,~ servL:e, except that the [,e~isluture may, bu~ need not, pro. vide such ~ubvention fun~ for the ~ol]owinK mandalet,: (a) be~i~lulive mandate~ requested by tl~e ],ace ~Kency ~[eeted; (b) 'Cc[isl~tion defJnin[ a new crime or eliengine an existin[ de~initinn crime; or (c) I.c~l~tive m~nd. tes ~n~c[~d prior Io January ], 1975, or executive orders or regulations initially implem~nlin[ I~i~l~tion ~n~cted print to January I, ~ae. ~. Nothint in Ibis Article shah be construed to impair the abiitity o~ the ~tate or o[ ~ny Ioc. I [overnment to meet its obli~atio~ with rester to existin~ or [uture bonded indebtedne~. S~c. ~. As u~d in this Article and except as atherwi~ expre~ly provided ~rein: (a) "~p~r~riatio~ subject to hmitation" of the state s~!l mean any a~thorization to ex~nd duri~ e fiscal year the ~rocee~ o~ taxes levied by or ~or t~ " state, exclusive o~ state subventio~ far the ~e m~d ~ration o~ local ~overnment (other than subventions made ~ur~ua~t to ~ction 6 ~ this Article) and further exel~ive re[un~ o[ taxes, ~ne~it payments ~rom retirement, unemployment i~uranee and di~abiiily insurance ~un~; (b) "Appropriatio~ subject to limitation" of an entity o~ local Kovernment slml; mean any authorization to ex~nd durin~ a fiscal year the procee~ o~ taxes levied by or f~r that eniity and the proceeds o~ state suhvcntio~ to that entity (other than subveniio~ made pursuant to ~ction 6 o~ this Article) exclusive or refunds of t.xes; (c) "Procee~ e~ taxes" shall include, but not be restricted to, all tax revenues and th~ pro~ce~ to an entity o~ Kovernment, ~com (i) re[ulatory liee~, user and u~er ~e~ [o the extent that such procee,'b exceed [he costs reasonably ~rne by such entity in providin~ the reKulatio~, product, er ~rvice, .nd (it) the investment of tax revenues. ~th re~et to any local ~overnment, "proeee~ ~[ taxes" shall include ~bve~;[~ received ~rom Ihe ~tu[e, othcr titan pur~u,~H loSaction 6 e~ thl~ Artic}~, with respect to the ~tate, pr~ee~ o~ tax~ ~hall exclude such ~ubvention~; (d) "l~c~l ~ow~rmne~d" ~h~11 m~,~n ..y ~jty,.~ou~i~, city and courtly, ~chool di~tr~t, ~mc~ul district, .uihority, ur otlmr poh[i('~l ~uhdivisiou o[ or within the G') "~o~t o[ liw~" ~h. II mc~m Ih~ ~,~o~ ~ ~r Price Index ~or [itc U.iled ~tatc~ (;ovur.f.c~H; provided, however, Ih.t for purposc~ of ~ctio~ I, th~ chaotic if, cost 2o: 3 be delcrmln,).d by ~s inetlind prc~c'rlbed by Ihe I.ugl..l,~h~rc. I.uvlded thut ~ueh deI. L.l-illlnLi[iOli bhQJJ be reVl~ccJ, II~ fle('e:~ll'y, Io rcl'luui Ihc jJt'ri,,(Ii(' C~Cll~,ii~ i'uiHJu(_.l.l~d by (]Ov~ln~ll[. 'J'JIc J~pUJ~Jlofi O~ ~11y ~('JJooJ dl~lrlCl ~lmlJ hu ~ii('h ~eho~JJ dl~Jrlc['~ llVOl'li~ (~) "l)ebt SCl'Vlee" 5lmll illcull u[Jp¢opl'l.tlOnS required to puy tile eo~t Jnteres~ and redemplJon ehar~e~, Jneludin~ Ihc fundin{ of any reserve or sinkm~ fund required in connection JhereWlth. on indebtedness eXlStin~ or legally authorized as of January I, 1979 or on ~nded indebtedness thereattel'approved ae~ordin~ to law by 8 vole o~ the electors of the issuin~ entity votin~ in an ejection ~or such pur~se. (h) The "apprupriation~ limil" o[ eaeh entity of ~overnment ~or each year shall be JJlal amount which total annual appropriations sub,eat to limitation may not exceed under.Section 1 and Section 3j provided. however, that Jhe "appropriations limit" o~ e~eh entity of ~overnment for [Jscal yea~ 1978-29 shall be the total o~ the appropriatios~ subject to limitation of such entity for that ~iseal year. For fiscal year l~8-?$. state subventions to local ~overnments~ exclusive of federal ~rants, shaU be deemed to have ~en ~rived ~rom the procee~ o[ sJite L~xes. (i) Except as otherwise provided in Section 5, "appropriatio~ subject to limitation" shall no( Jn~lud~ Io~al a~eney loan ~un~ or JndebJedne~ ~un~, investment (or authorizatio~ to invest) [un~ of the state, or of an entity of I~al government in accounts at ba~tk= or ~vings and loan assoeiatio~ or in liquid securities. See. 9. "Appropriutio~ subject to limitation" for each entity oE government shall not inetu~: (a) Debt service. (b) Appropriatio~ required [or pur~ses o~ eomplyi~ with mandates o~ the eourt~ or the ~ederal government which, without discretion, require an ex~nditure ~or additional service~ or which unavoidably make the providing o~ existi~ ~rviees more costly. (e) Appr~riation~ o~ any special district which existed on January 1, t978, and which did not as of the 197~-78 ~iscal year levy an ad valorem tax on pro~rty in excess o~ 12~ aunts ~r $100 of as~ed value; or the appropri~tio~ of any special district then existing or thereafter created by a vote o~ the ~ople, which ~ totatiy funded by other than the proeeed~ o~ taxes. See. IU. 'l'h~ Article ~bull be ef[ectivu commencing with the ~irst ~y o~ the ~iscal your ~ollowmg ~t~ See. It. I[ ally *~pl~rOpriutiOn cutuKury ~lmll be added to or removed from uppropriuli~c~ ~uhj~ct t~ Ihmt~Hion, pursuant to ~inul judgment o~any court o~ competent jurJ=dmtion a~d ~my upi~d therefrom, the approp~'~tim[~ lintit ~hall be adjusted accordingly. I[ ~my ~cetion, i>~,rt, cl~u~c or phru~e in thi~ Article ~ ~or any reason held Jnvuhd or uncnn~tHutiumH, the remumJng ~rt[o~t~ o~ thi~ Article stroll not be a~Eeeted but ~l,:dl reinurn in ~uil [~reu ~md effect. 3of 3 EXHIBIT G DEPARTMENT OF FINANCE (~ 915 L STREET SACRAMENTO, CA 95814.-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 governments may increase annually by a factor comprised of the change in population combined with either the change in Califomia per capita personal income or the change in the local gssessment 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 1995-96 appropriation limit. Enclosure 1 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 &January I, 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 790I 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 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 1995-96 appropriation limit are: Per Capita Personal Income Fiscal Percentage change Year (FY) 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 = 1.31 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 i995 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 69,330 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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