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1991-0820_ORANGE , COUNTY OF (ET AL)_Setttlement AgreementI SE=EMF..NT AGREEMENT 2i I TIIIS AGREEMENT is entered into by and between the orange County 4i' cities, redevelopment agenc-es, and special districts (hereinafter. 5 "Cities, Agencies, and Districts") named in Exhibit A hereto, and the l'I;� Cov.nty of orange as follows: 7I WHEREAS, certain disputes have arisen between the Cities, 8Agencies, and Districts and the County of Orange regarding the alio-! cat:.on of delinquent proper_, tax penalties collected by the orange 10 III County Tax Collector; 111 WHEREAS, the Orange County Auditor -Controller has impounded the 13!I disruted delinquent tax penalties for tax years 1985-86, 1986-87, 131 I II 196"-88, and 1988-89; ' 1411 WHEREAS, Cities, Agencies, and Districts have filed in the orange 1 i 151{I County Superior Court twenty separate actions seeking recovery of the W Vv - 16 16 disputed delinquent tax penalties. The title and case number of each o;! o; 17 II case is listed in Exhibit B hereto, and incorporated herein by 18 reference; 19 WHEREAS, the parties wish to resolve all disputes as to the 20 allocation of the delinquent tax penalties in question, terminate the 21I actions listed in Exhibit B, and provide the allocation and :2 II distribution of the funds presently impounded; 23 I! NOW, THEREFORE, it is hereby agreed as follows: ; 24�1. ii The delinquent property tax penalties attributable to Z 25 property taxes allocated to each City, Agency, or District and which 26 were impounded by the Orange County Auditor for tax year 1985-86, a 27 1 1966-87, 1987-88 and 1988.89 shall be divided, distributed or I { II 28 I disbursed at a ratio of seventy-eight percent (788) to the County of I ep3/200 1. 6/18/91 I 21 3 4 S 6 I 9 11 22 23 14 25 76 27 28 0 ! Orange and twenty-two percent (22t) to the Cities, Agencies, and Districts, and sz)ecifically in the amounts and to the Cities, Agencies, and Districts as named and listed in Exhibit A. No interest shall be payable to the Cities, Agencies, or Districts by or on account of this Settlement Agreement. 2. Upon receipt of the amounts listed in Exhibit A, the Cities, Agencies, and Districts shall cause to be filed with the Orange County Superior Court (or the Fourth District Court of Appeal in Community I Redevelopment Acency of the _City of Santa Ana, et al. v. V. A. Heim, et al., case No. G-010669 (OCSC No. 55-09-70)).a Request for Dismissal by which full dismissal with prejudice of each and every action currently filed and pending by the Cities, Agencies, and Districts and against the County shall be obtained. 3. The parties will execute concurrently with this Agreement a mutual general release in the form attached hereto as Exhibit "C." 4. Each Of the parties to this Agreement represents and warrants; to the other that (i) each of them has the full power, capacity and authority to enter into this Agreement and (ii) no promise or induce- ment has been offered or made for this Agreement except as set forth herein. The representations and warranties made herein shall survive the execution and delivery of this Agreement and shall be binding upon 'I the respective successors and assigns of the County, and the Cities, Agencies, and Districts. 5. The parties hereto, and each of them, represent and declare that in executing this Agreement they relied solely upon their own judgment, belie° and knowledge, and the advice and recommendations of their own independently selected counsel, concerning the nature, cr.te.nt and duration of their rights and claims, and that they have not ep3/200 2• 6/18/91 1 II V, 3I 4 5 6 7 8 9 10 it 12 13 14 1FM 19 20 21 22 23 24 25 O 26 N N O 27 28 9 0 been influenced to any extent whatsoever in executing the same by any representations or statements covering any matter made by any other party hereto or any person representing any of such other parties hereto. 6. This Agreement and the attached Exhibits constitute the entire agreement between the parties pertaining to the subject matter i i hereof, and the final, complete and exclusive expression of the terms and conditions of their agreement. Any and all prior agreements, representations, negotiations and understandings made by the parties, I oral or written, express or implied, are hereby superseded and merged herein. 7. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 8. The parties hereto, and each of them, further represent and declare that they have carefully read this Agreement and know the contents thereof and that they signed the same freely and voluntarily. IN WITNESS WHEREOF, the parties hereto have executed this Agree- ment as of the day and year dated below. Dated: AuEust 20. , 1991. ep3/200 6/18/91 COUNTY OF ORANGE By 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 W> W � 15 0Z 2 W0, > w 4 16 u 'z O z < og 17 U 18 19 20 21 22 23 24 25 Approved As To Fgrm: Attorney for CITY OF SAN JUAN CAPISTRANO, CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOP- MENT AGENCY, and STEPHEN B. JULIAN ep3/600 MIDWAY CITY SANITARY DISTRICT By It LOS ALAMITOS COUNTY WATER DISTRICT By Its SOUTH COAST WATER DISTRICT By IMPROVEMENT DISTRICT NO. 1 OF SOUTH COAST WATER DISTRICT By Its CITY OF SAN JUAN CAPISTRANO __KENNETH E. AfESS,'MAYOR CITY OF SAN JUAN CAPISTRANO REDEV�EL PMENT AGENCY By LMRENCE F. BUCWEIM, CHAIRMAN Its 9 EXHIBIT A DISPUTED TAX PENALTIES 9 Exh. A, Page 1 0£ 2 CITIES AND COMMUNITY REDEVELOPMENT AGENCIES SETTLEMENT PAYMENT 22% OF TOTAL TOTAL FUND FUND NAME PENALTIES PENALTIES 1 --------------------------------------------------------------- 2 3 4 0002 COSTA MESA CRA $24,832 $5,463 0003 FULLERTON CRA 80,156 $17,634 0004 GARDEN GROVE CRA 154,474 33,984 0005 SANTA ANA CRA 105,439 23,197 0007 SEAL BEACH CRA 16,314 3,589 0008 SAN CLEMENTE CRA 11,063 2,434 0009 LA HABRA CRA 7,512 1,653 0014 CYPRESS CRA 1,237 272 0015 FOUNTAIN VAL CRA 77,851 17,127 0016 HUNT BEACH CRA 30,527 6,716 0019 LA PALMA CRA 13,217 2,908 0023 PLACENTIA CRA 9,036 1,988 0024 SAN JUAN CAP CRA 10,494 2,309 0025 STANTON CRA 17,141 3,771 0026 TUSTIN CRA 54,428 11,974 0027 SANTA ANA CRA 237,119 52,166 0028 WESTMINSTER CRA 12,882 2,834 0029 YORBA LINDA CRA 40,044 8,810 0037 MISSION VIEJO 29,377 6,463 0038 IRVINE 243,863 53,650 0039 YORBA LINDA 119,652 26,324 0043 COSTA MESA 219,520 48,294 0044 CYPRESS 62,208 13,686 0045 LA PALMA 24,496 5,389 0046 FOUNTAIN VALLEY 67,527 14,856 0047 FULLERTON 184,826 40,662 0048 GARDEN GROVE 152,526 33,556 0049 HUNTINGTON BEACH 429,765 94,548 0050 LAGUNA BEACH 165,758 36,467 0051 LA HABRA 75,313 16,569 0052 LOS ALAMITOS 15,491 3,408 0053 NEWPORT BEACH 327,656 72,084 0056 PLACENTIA 54,122 11,907 0057 SAN CLEMENTE 133,040 29,269 0058 SAN JUAN CAPISTRANO 53,110 11,684 0059 SANTA ANA 342,150 75,273 0060 SEAL BEACH 48,285 10,623 0061 STANTON 37,143 8,172 0062 TUSTIN 74,247 16,334 0064 WESTMINSTER 56,115 12,345 TOTAL ----- ---------------- $3,819,955 $840,392 asaaaaaaaaa�aassaa:ssaa Exh. A, Page 1 0£ 2 E C DISPUTED TAX PENALTIES - LITIGATING ENTITIES 22% OF TOTAL TOTAL FUND FUND NAME PENALTIES PENALTIES 1 2 3 4 --------------------------------------------------------- DISPUTED TAX PENALTIES - INDEPENDENT SPECIAL DISTRICTS 0010 CYPRESS REC/PARK 59,588 0066 MIDWAY CITY SAN 3,784 0067 GARDEN GROVE SAN 15,307 0074 TRI CITIES WATER 8,452 0080 LAGUNA BEACH WATER 1,573 0081 SOUTH COAST WATER 957 0086 SANTIAGO WATER 936 0093 LOS ALAMITOS WATER 19 0099/5171 ROSSMOOR CSD 43,722 5081 YORBA LINDA LIBRARY 25,752 5091 YORBA LIN LIB BONDS 61,155 5101 YORBA LIN LIB BONDS 29,497 5271 CAPO BAY PARK\REC 53,427 5521 MISSION VIEJO CSD 8,984 5881 OC WATER DISTRICT 44,290 5901 OC WATER DIST RESERVE 294 9021 OC SANIT NO. 1 OPERATING 247 9031 OC SANIT NO. 2 OPERATING 57 9041 OC SANIT NO. 3 OPERATING 8,479 9051 OC SANIT NO. 5 OPERATING 9061 OC SANIT NO. 6 OPERATING 9071 OC SANIT NO. 7 OPERATING 9091 OC SANIT NO. 11 OPERATING 9161 OC SANIT NO. 1 BOND/INT '51 9191 OC SANIT NO. 5 BOND/INT '51 9201 OC SANIT NO. 6 BOND/INT '51 9221 OC SANIT NO. 11 BOND/INT '51 9281 OC SANIT NO. 11 INT/SINK '58 9861 OC SANIT NO. 3 & 11 OPER SUSP TOTAL INDEPENDENT DISTRICTS $23,488 $5,167 59,588 13,109 17,202 3,784 15,053 3,312 15,307 3,368 38,418 8,452 7,821 1,721 1,573 346 4,350 957 2 0 936 206 88 19 7,577 1,667 43,722 9,619 117,053 25,752 1,741 383 61,155 13,454 134,077 29,497 172,542 37,959 53,427 11,754 40,834 8,984 57,092 12,560 44,290 9,744 1,337 294 482 106 247 54 258 57 991 218 8,479 1,865 --------------------- $929,130 $204,408 Exh. A, Page 2 of 2 EXHIBIT B CASE LIST Case Name 1. Capistrano Bay Park and Recreation District, et al. v. County of Orange, et al. 2. City of Costa Mesa v. S. E. Lewis, et al. Case Number 56 19 94 56 24 88 3. City of Cypress, et al. v. County of 56 91 27 Orange, et al. 4. City of Fountain Valley, et al. v. 55 52 10 County of Orange, et al. 5. City of Fullerton, et al. v. County 56 08 61 of Orange, et al. 6. City of Garden Grove, et al. v. County 55 43 61 of Orange, et al. 7. Garden Grove Sanitary District, et al. 55 80 51 v. County of Orange, et al. 8. City of Huntington Beach, et al. v. 54 79 89 County of Orange, et al. 9. Laguna Beach County Water District v. 56 14 17 County of Orange, et al. . 10. City of La Habra, et al. v. County of 56 05 30 Orange, et al. 11. City of Los Alamitos, et al. v. County 56 91 28 of Orange, et al. 12. City of Mission Vieio, et al. v. County 56 86 89 of Orange, et al. JXM/6 1 EXHIBIT B CASE LIST Case Name Case Number 13. City of Newport Beach, et al. v. County 55 77 68 of Orange, et al. 14. City of Placentia, et al. v. County of 55 83 92 Orange, et al. 15. County Sanitation District Nos. 1, 2, 3, 56 09 06 County of Orange, et al. 16. City of San Juan Capistrano, et al. v. 55 94 20 County of Orange, et al. 17. Community Redevelopment Agency of the 55 09 70 City of Santa Ana, et al. v. V. A. Heim, G-010669 et al. (DCA -4th) 18. City of Seal Beach, et al. v. County of 61 13 66 County of Orange, et al. 19. City of Stanton, et al. v. County of 56 91 29 Orange, et al. 20. City of Westminster, et al. v. County of 55 65 17 Orange, et al. JXM/6 2 Signatory pag• Mutual General Release/ 0inquent Property Tax Penalty Allocation Stephen B. Julian Si 6 8, 9! 10 18 19 I 20 21 22 23 24 25 26 N N a 27 O ® 26 1 2 3 4 5 6 7 8 9 10 11 12 13 En 19 20 21 22 23 24 25 26 N N A O 27 LL 1. Parties 0 MUTUAL GENERAL RELEASE The parties to this mutual general release (the "release") are the COUNTY OF ORANGE, a political subdivision of the State of California, CAPISTRANO BAY PARK AND RECREATION DISTRICT, a municipal corporation, LYNN MUIR, Director of Capistrano Bay Park and Recreation District, CITY OF COSTA MESA, a municipal corporation, REDEVELOPMENT AGENCY OF THE CITY OF COSTA MESA, a public body, CITY OF CYPRESS, a charter city, CITY OF CYPRESS RECREATION AND PARK DISTRICT, an independent special district, CYPRESS REDEVELOPMENT AGENCY, an independent public entity, MARGARET ARNOLD, a citizen, resident and Mayor of the City of Cypress, CITY OF FOUNTAIN VALLEY, a municipal corporation, GEORGE SCOTT, a citizen and former Mayor of the City of Fountain Valley, CITY OF FULLERTON, a public entity, FULLERTON REDEVELOPMENT AGENCY, a public entity, ORANGE COUNTY WATER DISTRICT, a public entity, CITY OF IRVINE, a public entity, CITY OF LAGUNA BEACH, a public entity, CITY OF SAN CLEMENTE, a public entity, SAN CLEMENTE REDEVELOPMENT AGENCY, a public entity, CITY OF YORBA LINDA, a public entity, YORBA LINDA REDEVELOPMENT AGENCY, a public entity, YORBA LINDA LIBRARY DISTRICT, a public entity, FOUNTAIN VALLEY AGENCY FOR COMMUNITY DEVELOPMENT, a public entity, CITY OF LA PALMA, a public entity, LA PALMA REDEVELOPMENT AGENCY, a public entity, SANTIAGO COUNTY WATER DISTRICT, a public entity, TRI -CITIES MUNICIPAL WATER DISTRICT, a public entity, ROSSMOOR COMMUNITY SERVICE DISTRICT, a public entity, CITY OF GARDEN GROVE, a municipal corporation, J. TILMAN WILLIAMS, citizen; resident and Mayor of the City of Garden Grove, GARDEN GROVE AGENCY FOR COMMUNITY DEVELOPMENT, a public body, dcc\l I 'I I GARDEN GROVE SANITARY DISTRICT, a political subdivision of the State 2 of California, ROBERT MARIN, a director of, and resident in, Garden 3 Grove Sanitary District, CITY OF HUNTINGTON BEACH, a municipal corporation, JOHN ERSKINE, citizen, resident, and Mayor of the City of 5 Huntington Beach, HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public 6 body, LAGUNA BEACH COUNTY WATER DISTRICT, a local special district, 7 CITY OF LA HABRA, a municipal corporation, JAMES A. FLORA, citizen, 8 resident and Mayor of the City of La Habra, REDEVELOPMENT AGENCY OF LA 9 HABRA, a public body, CITY OF LOS ALAMITOS, a charter city, CHARLES E. 10 SYLVIA, citizen; resident and Mayor of the City of Los Alamitos, CITY 11 OF MISSION VIEJO, a municipal corporation and as successor in interest 12 to the Mission Viejo Community Services District, NORMAN P. MURRAY, 13 citizen, resident and Mayor of the City of Mission Viejo, CITY OF 14 NEWPORT BEACH, a municipal corporation, JOHN C. COX, JR., citizen, 'ZI 15 resident and Mayor of the City of Newport Beach, CITY OF PLACENTIA, a Voo I 16 municipal corporation, JOHN 0. TYNES, citizen, resident and Mayor of p Z Z 00 11 the City of Placentia, PLACENTIA REDEVELOPMENT AGENCY, a public body, 18 COUNTY SANITATION DISTRICT NOS. 1, 2, 3, 5, 61 7, and 11, local public 19 agencies, CITY OF TUSTIN, a municipal corporation, TUSTIN COMMUNITY 20 REDEVELOPMENT AGENCY, a local public agency, MIDWAY CITY SANITARY 21 DISTRICT, a local public agency, LOS ALAMITOS COUNTY WATER DISTRICT, a 22 local public agency, SOUTH COAST WATER DISTRICT, a local public 23 agency, IMPROVEMENT DISTRICT NO. 1 OF SOUTH COAST WATER DISTRICT, an 24 improvement district, CITY OF SAN JUAN CAPISTRANO, a municipal 25 corporation, CITY OF SAN JUAN CAPISTRANO, COMMUNITY REDEVELOPMENT 26 AGENCY, a public body, STEPHEN B. JULIAN, citizen, resident and City N P LL 27 Manager of the City of San Juan Capistrano, and Executive Director of ® 28 the San Juan Capistrano Community Redevelopment Agency, CITY OF SANTA a«\i 2. I ANA, a municipal corporation, COMMUNITY REDEVELOPMENT AGENCY OF THE 2 CITY OF SANTA ANA, a public body, CITY OF SEAL BEACH, a municipal 3 corporation, REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, a public 4 body, CITY OF STANTON, a municipal corporation, MARTHA V. WEISHAUPT, 5 citizen, resident and Mayor of the City of Stanton, STANTON 6 REDEVELOPMENT AGENCY, an independent public entity, PAUL VERELLEN, 7 citizen and resident of the City of Stanton and Chairman of the 8 Stanton Redevelopment Agency, CITY OF WESTMINSTER, a municipal 9 corporation, WESTMINSTER REDEVELOPMENT AGENCY, a public entity, 10 WESTMINSTER MUNICIPAL LIGHTING DISTRICT, a public entity, and CITY OF 11 WESTMINSTER SPECIAL DISTRICT AUGMENTATION TAX FUND, a special district 121 tax fund. 13 2. Definitions. 141 For purposes of this release, the term: WW , r Z= 15 (a) "Related parties" includes, where applicable, each and all ODD 0 WUV W LLZ 16 of such party's respective predecessors, successors, and assigns; each o== Do 17 and all of such party's heirs and personal representatives (if such 18 party is an individual); each and all of such party's past,present, 19 and future directors, officers, and elected or appointed members of 20 the party's governing body; each and all of such party's agents, 21 employees, representatives, and attorneys; and each and all persons 22 acting by, through, under, or in concert with such party or in concert 23 with any or all of the foregoing persons. 24 (b) The "Claim" means any and all manner of action or actions, 25 cause or causes of action, in law or in equity, suits, debts, liens, 26 contracts, agreements, promises, liabilities, claims, demands, N A a LL 27 damages, losses, costs or expenses, of any nature whatsoever, known or ® 28 unknown, fixed or contingent, which any party now has,or may hereafter dcc\l 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 w. oz; 15 0 W V w 16 4' u 0z Ds 00 17 El 19 20 21 22 23 24 25 O 26 N N A O 27 LL NMI 0 0 have, against each or any of the persons such party hereby releases by reason of any matter, cause or thing whatsoever from the beginning of time to the date hereof including without limiting the generality of the foregoing, any Claim arising out of, based upon, or relating to those certain lawsuits now pending in the Superior Court of the State of California in and for the County of Orange, and now or pending in Division Three of the Fourth District of the California court of Appeal, as listed in Exhibit "A" attached hereto and incorporated herein by reference, including all related cross-complaints, as well as any matters, causes, or things whatsoever that were, or have been ,or could in any way have been, alleged in the respective pleadings filed in said suits. 3. Release. For a valuable consideration, the receipt and adequacy of which are hereby acknowledged, each party on behalf of itself and its Related Parties, does hereby fully release and forever discharge the other party and the other party's Related parties, and each of them, from the Claim and from any matters, causes, or things whatsoever that have been or could in any way have been raised, demanded, or alleged against the other party and the other party's Related Parties, or any of them, arising out of, based upon, or relating to the Claim. omo•.� "WI -1 PARTY ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY LEGAL COUNSEL AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES AS FOLLOWS: d«\i "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, 4. it 1 2 3 4 5 �I 6 7 8 9 10 11 12 13 14 w 4Z�= 15 °j 00 W ° V w 16 z 0z 0 a O% 17 V IF -A 19 20 21 22 23 24 25 26 N N P 0 27 LL WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." EACH PARTY, BEING AWARE OF THIS CODE SECTION, HEREBY EXPRESSLY WAIVES AND RELINQUISHES ALL RIGHTS AND BENEFITS WHICH IT MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTE(S) OR COMMON LAW PRINCIPLES) OR SIMILAR EFFECT. Each party represents and warrants that it has not assigned or transferred any interest in any Claim which it may have against the persons which it releases under the term of this release, or any of them, and each party agrees to indemnify and hold such persons, and each of them, harmless from any liabilities, claims, demands, damages, costs, expenses, and attorneys, fees incurred by such persons, or any of them, as a result of any person asserting any such assignment or transfer, or any rights or claims under any such assignment or transfer. It is the intention of the parties that this indemnity does not require payment as a condition precedent to recovery hereunder by any indemnified person. 6. Construction and Interpretation. This release and the rights and obligations of the parties shall be governed by, and construed and interpreted in all respects in accordance with, the law of the State of California. Without limiting the generality of the foregoing, when the context in which the words are used in this release indicates that such is the intent, words in the singular number shall include the plural and vice versa, all pronouns, and variation thereof shall be deemed to refer to all genders, and the term "person" shall include a corporation or other entity, as well as a natural person. dcc\l 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J y W r O J 1S O W O V w 16 z 0'z oz. 0 0 17 V � IMI 19 20 21 22 23 24 25 ta 26 N N 8 27 LL I ® 28 7. AttornAyql Fees Each party agrees that if it hereafter commences any suit arising out of, based upon, or relating to, or in any manner asserts against the other party and the other party's Related Parties, or any of them, any claim released herein, it shall pay to each of them, in addition to any other damages caused to any such person, that person's reasonable costs and attorneys' fees incurred in defending or otherwise responding to such suit or claim. 8. No Admission. Each party understands and agrees that the execution of this release shall not constitute or be construed as an admission of any obligation, or of the validity of any claim whatsoever, by the persons which are released under the terms of this release,or by any of them. 9. rnuaterparts. This release may be executed in one or more counterparts, which together shall constitute a single document, and each of which shall be an original for all purposes. This release is executed by the undersigned on the dates at the places indicated below. Approved As To Form: TERRY C. ANDRUS, COUNTY COUNSEL COUNTY OF ORANGE By David R. Chaffee, Deputy dre\l 6. By Its 1 2 3 4 II 5 6 7 8 9i 10 11 12 13 14 15' '° W ° V T W 16 L V O I z 00 17 V 18 19 20 21 22 23 24 25 26 N N 0 27 LL ® 28 Approved As To Form: Attorney for CITY OF SAN JUAN CAPISTRANO, CITY OF SAN JUAN CAPISTRANO COMMUNITY REDEVELOP- MENT AGENCY, and STEPHEN B. JULIAN ep3/600 MIDWAY CITY SANITARY DISTRICT By Its LOS ALAMITOS COUNTY WATER DISTRICT By_ Its SOUTH COAST WATER DISTRICT By Its IMPROVEMENT DISTRICT NO. I OF SOUTH COAST WATER DISTRICT By Its CITY OF SAN JUAN C7_c�t TRANO B I K ETH E. FRIESS, MAYOR Its CITY OF SAN JUAN CAPISTRANO REDEVEL MENT AGENCY By e� RENCE F. BU HHEIM, CHAIRMAN Its Signatory pag • Mutual General Release/Oinquent Property Tax Penalty Allocation li Stephen B. Julian I 3 I 5 6 l 9 10 I1 12 �I 13 w. o 1 5�'i wo° I >w 16 0 t Z 0 1' 18 191 20 21 22 23 24 r;; 26 N LL 27 M. DRUG USE IE S October 10, 1991 David R. Chaffee, Deputy The County Counsel County of Orange 10 Civic Center Plaza P.O. Box 1379 Santa Ana, California 92702-1379 IIS m�Quo..no �aunHo 1961 1776 Re: Settlement Agreement and Mutual General Release in Dear Mr. Chaffee: MEMBERS OF THE CITY COUNCIL LAWRENCE F BUCHHEIM KENNETH E FRIESS GARY HAUSOORFER GIL JONES JEFFVASOUEZ CITY MANAGER STEPHEN B JULIAN Enclosed please find two separate original signature pages signed by Stephen Julian pertaining to the Settlement Agreement and Mutual General Release. Copies of these documents are enclosed for your reference. Very truly yours, Dawn M. Schanderl Deputy City Clerk Enclosure 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 493-1171 Writer's Direct DWI Number 834-4379 • OFFICES OF THE COUNTY COUNSEL C COUNTY OF ORANGE RECFIVFD 10 CIVIC CENTER PLAZA MAILING ADDRESS. P.O. BOX 1379 2� �� P/Wy,wI�A, CALIFORNIA 92]02-13]9 S.rMM JV ]14/834-3300 FAX 714/834 2359 CITY CLERK CEPARTMENT CITY OF SAR. JUAN CAPrSTRAN- September 18, 1991 Dawn M. Schanderl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelante San Juan Capistrano, California 92675 TERRY C. ANDRUS COUNTY COUNSEL WILLIAM J. McCOURT CHIEF ASSISTANT ARTHUR C. WAHLSTEDT, JR. LAURENCE M. WATSON ASSISTANTS JOHN R. GRISET EDWARD N. DURAN IRYNE 0 BLACK RICHARD D. OVIEDO BENJAMIN P. DE MAYO HOWARD SERBIN GENE AXELROD ROBERT L AUSTIN DONALD H. RUBIN DAVID R. CHAFFEE CAROL D. BROWN BARBARA L STOCKER JAMES F. MEADE STIFFEN H. WEISS JAMES L. TURNER NICHOLAS S. CHRISOS THOMAS F. MORSE WANDA S. FLORENCE HOPE E. SNYDER THOMAS 0. AGIN SHERIE A. CHRISTENSEN SUSAN M. NILSEN SARA L PARKER ADRIENNE K. SAURO KARYN J. DRIESSEN KATHY PAUL KAREN R. PRATHER J. DAN LILLEY DELLA M. WELCH JIM PERSINGER GEOFFREY K. HUNT JACK W. GOLDEN DEBORAH M. GMEINER CHRISTOPHER MILLER ROBERT G. OVERBY PAMELA KEMP LISA PESKAY MALMSTEN BARBARA H. EVANS DEPUTIES Re: Settlement Agreement and Mutual General Release in the Delinquent Property Tax Penalty Allocation Lawsuits Dear Ms. Schanderl: Pursuant to our recent telephone conversation, enclosed please find two separate signature pages for Mr. Julian's execution. When returned, these pages will be attached to the Settlement Agreement and the Mutual General Release which have previously been executed by the City of San Juan Capistrano and by the City's Redevelopment Agency. Copies of those documents are also enclosed for your reference. Please return the two signature pages upon execution. Thank you for your courtesy and cooperation in this matter. DRC:eb Enclosure Very truly yours, TERRY C. ANDRUS, COUNTY COUNSEL David fee, Dep / 9 September 4, 1991 Mr. David R. Chaffee, Deputy Office of the County Counsel County of Orange P.O. Box 1379 Santa Ana, California 92702-1379 Re: Dear Mr. Chaffee: MEMBERSOF THE CITY COUNCIL LAWRENCE F BOC HHEIM KENNETH E FRIESS GARY HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN The City Council of the City of San Juan Capistrano and the Board of Directors of the San Juan Capistrano Community Redevelopment Agency at their regular meeting held August 20, 1991, approved the Settlement Agreement and the Mutual Release with the County of Orange regarding the delinquent property tax penalty allocation lawsuits. Enclosed are copies for your records. If we can be of further assistance, please call. Very truully yours, p Dawn M. Schanderl Deputy City Clerk Enclosures cc: City Manager Director of Administrative Services 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 0 0 AMENDMENT TO FORSTERCANYON PLANNED COMMUNITY - AN ORDINANCE OF E ITY OF SAN JUAN CAPISTRANO, CALIFORNIA, END NG THE FORSTER CANYON PLANNED COMMUNITY AD PTE BY ORDINANCE NO. 418 The motion carr'ey the following AYES: ouncilmen Jones, Bu Vasquez, and Mayor F NOES: // None Councilman Counci,Y recessed at 11:45 p. . to convene the? an-3uaff_Capistrano Comm ity Redevel ment ncy, and reconvened at 11:48 p.m. A MINISTRATIVE ITEMS CITY MANAGER 1. SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE IN THE DELINQUENT PROPERTY TAX PENALTY ALLOCATION LAWSUITS (600.50) Written Communication: Report dated August 20, 1991, from the City Manager, recom- mending that the proposed Settlement Agreement be approved between the County and certain Orange County cities, redevel- opment agencies, and special districts in settlement of the lawsuit brought against the County regarding the allocation of delinquent property tax penalties collected by the County Tax Collector. The Report also recommended that a Mutual General Release be approved mutually releasing all parties from the claims made by the opposing parties. Approval of Settlement Agreement and Mutual General Release: It was moved by Councilman Buchheim, seconded by Councilman Jones, and unanimously carried that the Settlement Agreement and Mutual General Release be approved. The Mayor was authorized to execute the agreement on behalf of the City. 2. APPOINTMENT �CdUNCILMEN GI;uI NES AND JEFF A OU�hZ TO THE COMMRN7TV ___iiST_,_ CORPORA ON (4 0.40) Written QLomm,uhicatioi Report d August 20, 1 9 , from the Commun y Development Assist recommendin at Councilman Jo s d Vasquez ap nted Dire to Lbe San Ju apistrano unity -17- 8/20/91 AGENDA ITEM TO: Honorable Mayor and City Council FROM: Stephen B. Julian, City Manager August 20, 1991 SUBJECT: Settlement Agreement and Mutual General Release In the Delinquent Property Tax Penalty Allocation Lawsuits SITUATION: Summary and Recommendation: Certain Orange County cities, redevelopment agencies and special districts brought suit against the County of Orange regarding the allocation of delinquent property tax penalties collected by the Orange County Tax Collector. A settlement agreement has been reached between the parties resolving the issue. At this time, it is recommended that the City of San Juan Capistrano execute the proposed Settlement Agreement and Mutual General Release. Background: Disputes arose between the cities, agencies, districts and the County of Orange regarding the allocation of delinquent property tax penalties collected by the Orange County Tax Collector. The Orange County Auditor -Controller impounded the disputed delinquent tax penalties for tax years 1985-86, 1986-87, 1987-88, and 1988- 89. All parties involved in the dispute have come to agreement regarding how the disputed tax penalties should be allocated between the County and the respective local agency. This resolution is described in the attached Settlement Agreement. The settlement agreement provides for 78% of the penalty fees to be retained by the County of Orange and 22% of the tax penalty to be distributed to the local agency. No interest payments will be made to the local agencies for the impounded amounts. Staff believes the settlement provides an equitable resolution to the disputed penalty issue. Along with the Settlement Agreement, a Mutual General Release is attached for consideration. This document serves to mutually release all parties from the claims made by the opposing parties in the above-mentioned lawsuits. It is recommended that the City Council approve this Mutual General Release, along with the Settlement Agreement. COMMISSION/BOARD REVIEW & RECOMMENDATIONS: Not applicable FINANCIAL CONSIDERATIONS: The City of San Juan Capistrano will receive penalty fees in the amount of $11,684. No court costs or legal fees will be deducted from this amount. This revenue was not included in the revenue projections made as part of the 1991-92 budget. The penalty fees will be forwarded to the City when all parties have executed the settlement agreement. FOR CRY COUNCIL AGEND I I i NOTIFICATION: County of Orange Office of the County Counsel David R. Chaffee, Deputy P.O. Box 1379 Santa Ana, CA 92702-1379 9 ALTERNATE ACTIONS: 1. Move to approve the Settlement Agreement and Mutual General Release and authorize the Mayor to execute both documents. 2. Request more information from staff. RECOMMENDATION: Move to approve the Settlement Agreement and Mutual General Release and authorize the Mayor to execute both documents. Respectfully submitted, 4Step"en B.Julia� Jyn� SBJ:JMM:mjs Attachments 51 6 7i 8 9 10 11 12 13 14 V V W 16, 0 h 0 0 17 V 18 19 20 21 22 l 23 Ii 24 �I 25 26 N N O 27 (� 28 FROM:COL-NTY COUNSEL 70:94931253 • 0 Sr_`LEMENT AGRFF_MF.NT TRIS AGRFEMFNT is entered into by and between the Orange County cities, redevelopment agencies, and special districts (hereinafter. "C_-ies, Agencies, and Distr-cts") named in Exhibit A hereto, and the County of Orange as follows: WHEREAS, certain disputes have arisen between the Cities, Agencies, and Districts and the County of Orange regarding the allo- cation of delinquent propert_r tax penalties collected by the Orange County Tax Collector; WHEREAS, the Orange County Auditor -Controller. has impounded the dis uted delinquent tax penalties for tax years 1985-86, 1986-87, 19E--88, and 1968-89; WHEREAS, Cities, Agencies, and Districts have filed in the orange County Superior Court twenty separate actions seeking recovery of the dis:uted delinquent tax penalties. The title and case number of each case is listed in Exhibit B :ereto, and incorporated herein by reference; WHEREAS, the parties wish to resolve all disputes as to the allocation of the delinquent tax penalties in question, terminate the actions listed in Exhibit B, and provide the allocation and distribution of the funds presently impounded; NOW, THEREFORE, it is hereby agreed as follows: 1. The delinquent property tax penalties attributable to property taxes allocated to each City, Agency, or District and which were impounded by the Orange County Auditor for tax year 1985-86, 1986-87, 1987-88 and 1988-89 shall be divided, distributed or disbursed at a ratio of seventy-eight percent (78%) to the County of ep3/200 i. 6/18/91 1 z 3 4 5 s 9 10 11 13 18 19 20 21 23 24 25 26 1 G 27 28 FRCM:000NTY COUNSEL X:94931053 AUG 15. 1991 =.04 S Orange and twenty-two percent (222) to the Cities, Agencies, and Districts, and specifically in the amounts and to the Cities, Agencies, and Districts as named and listed in Exhibit A. No interest shall be payable to the Cities, Agencies, or Districts by or on account of this Settlement Agreement. 2, upon receipt of the amounts listed in Exhibit A, the Cities, Agencies, and Districts shall cause to be filed with the Orange County I Superior Court (or the Fourth District Court of Appeal in Community Redevelopment AcencY of the City of Santa Ana, et al. v. V. A. Heim, et al., case No. G-010669 (OCSC No. 55-09-70)).a Request for Dismissal by which full dismissal with prejudice of each and every action currently failed and pending by the Cities, Agencies, and Districts and against the County shall be obtained. 3. The parties will execute concurrently with this Agreement a mutual general release in the form attached hereto as Exhibit "C." 4. Each of the parties to this Agreement represents and warrants' to the other that (i) each of them has the full power, capacity and authority to enter into this Agreement and (ii) no promise or induce- ment has been offered or made for this Agreement except as set forth herein. The representations and warranties made herein shall survive the execution and delivery of this Agreement and shall be binding upon,' the respective successors and assigns of the County, and the Cities, Agencies, and Districts. 5. The parties hereto, and each of them, represent and declare that in executing this Agreement they relied solely upon their own judgment, belief and knowledge, and the advice and recommendations of their own independently selected counsel, concerning the nature, extent and duration of their rights and claims, and that they have not ep36//18/91 2. W,11,I Direct Dial Number 834-4379 OFFICES OF THE COUNTY COUNSEL COUNTY OF ORANGE 10 CIVIC CENTER PLAZA MAILING ADDRESS: P.O. BOX 1379 SANTA ANA. CALIFORNIA 92702-1379 714834-3300 FAX 714'834-2359 August 15, 1991 To all Counsel for Petitioners and Plaintiffs in the delinquent property tax penalty allocation lawsuits: Dear Counsel: TERRY C.ANDRUS COUNTY COUNSEL WILLIAM J. McCOURT CHIEF ASSISTANT ARTHUR C. WAHLSTEDT, JR. LAURENCE M. WATSON ASSISTANTS VICTOR T BELLERUE HOPE E SNYDER JOHN R GRISET THOMAS C AGIN EDWARD N DURAN SHERIE A CHRISTENSEN IRYNE C BLACK SUSAN M NILSEN RICHARD D OVIEDO SARA L PARKER BENJAMIN P DE MAYO ADRIENNE K SAURO HOWARD SERBIN KARYNJ DRIESSEN GENE AXELROD KATHY PAUL ROBERT L. AUSTIN KAREN R PRATHER DONALD H. RUBIN J DAN LILLEY DAVID R. CHAFFEE DELLA M WELCH CAROL D. BROWN JIM PERSINGER BARBARA STOCKER GEOFFREY HUNT JAMES F. MEADE JACK W GOLDEN STEFEN H. WEISS DEBORAH M GMEINER DAVID BEALES CHRISTOPHER MILLER JAMES L. TURNER ROBERT OVERBY NICHOLAS S. CHRISOS PAMELA KEMP THOMAS F. MORSE LISA PESKAY MALMSTEN WANDAC FLORENCE DEPUTIES As of this date many of the Settlement Agreements and Mutual General Releases have yet to be returned. Some counsel have expressed concern over confusion generated by reference in the Settlement Agreement to "Attachments" when the items attached were labeled "Exhibits". To alleviate that confusion we propose a non -substantive change in the text of the Settlement Agreement. Specifically, that the word "Exhibit" be substituted for the word "Attachment" at lines 5, 17 and 21 of page 1, and lines 3 and 6 of page 2. Accordingly, we enclose substitute pages 1 and 2 of the Settlement Agreement upon which the corrections have been made. Additionally, it has come to our attention that some of you may have trouble obtaining signatures of the named individual parties (typically former mayors or council members). If signatures for those named individuals cannot or have not been obtained, we are willing to accept conformed copies of court -filed Dismissals with Prejudice reflecting dismissal as to that party only. As you may be aware, the Board of Supervisors has given this office authorization to settle these actions on the terms and conditions specified in the Settlement Agreement. Settlement will be effected when all entities have returned executed signature pages for the Settlement Agreement and Mutual General Release, and when the individual parties' signatures are obtained or Dismissals for those individual parties are filed with conformed copies provided to the undersigned. When we have received all of these documents, we will direct the Auditor to make the disbursement pursuant to the Agreement. Additionally, we will provide each of you with a complete, fully executed copy of the Settlement Agreement and Mutual General Release. Please feel free to call if you have any questions about, or problems with the foregoing. Very truly yours, TERRY C. ANDRUS, COUNTY DRC:eb Enclosure AUG 19 1991