1991-0820_ORANGE , COUNTY OF (ET AL)_Setttlement AgreementI
SE=EMF..NT AGREEMENT
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TIIIS AGREEMENT is entered into by and between the orange County
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cities, redevelopment agenc-es, and special districts (hereinafter.
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"Cities, Agencies, and Districts") named in Exhibit A hereto, and the
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Cov.nty of orange as follows:
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WHEREAS, certain disputes have arisen between the Cities,
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and Districts and the County of Orange regarding the alio-!
cat:.on of delinquent proper_, tax penalties collected by the orange
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County Tax Collector;
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WHEREAS, the Orange County Auditor -Controller has impounded the
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disruted delinquent tax penalties for tax years 1985-86, 1986-87,
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196"-88, and 1988-89;
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WHEREAS, Cities, Agencies, and Districts have filed in the orange 1
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County Superior Court twenty separate actions seeking recovery of the
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disputed delinquent tax penalties. The title and case number of each
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case is listed in Exhibit B hereto, and incorporated herein by
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reference;
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WHEREAS, the parties wish to resolve all disputes as to the
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allocation of the delinquent tax penalties in question, terminate the
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actions listed in Exhibit B, and provide the allocation and
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distribution of the funds presently impounded;
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NOW, THEREFORE, it is hereby agreed as follows: ;
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The delinquent property tax penalties attributable to
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property taxes allocated to each City, Agency, or District and which
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were impounded by the Orange County Auditor for tax year 1985-86,
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1966-87, 1987-88 and 1988.89 shall be divided, distributed or I
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disbursed at a ratio of seventy-eight percent (788) to the County of
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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
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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
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6/18/91
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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
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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,
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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
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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
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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
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$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
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$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.
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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.
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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
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66
County
of Orange, et al.
19.
City of
Stanton, et al. v. County of
56
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29
Orange,
et al.
20.
City of
Westminster, et al. v. County of
55
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Orange,
et al.
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Signatory pag• Mutual General Release/ 0inquent Property
Tax Penalty Allocation
Stephen B. Julian
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1. Parties
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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,
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GARDEN GROVE SANITARY DISTRICT, a political subdivision of the State
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of California, ROBERT MARIN, a director of, and resident in, Garden
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Grove Sanitary District, CITY OF HUNTINGTON BEACH, a municipal
corporation, JOHN ERSKINE, citizen, resident, and Mayor of the City of
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Huntington Beach, HUNTINGTON BEACH REDEVELOPMENT AGENCY, a public
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body, LAGUNA BEACH COUNTY WATER DISTRICT, a local special district,
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CITY OF LA HABRA, a municipal corporation, JAMES A. FLORA, citizen,
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resident and Mayor of the City of La Habra, REDEVELOPMENT AGENCY OF LA
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HABRA, a public body, CITY OF LOS ALAMITOS, a charter city, CHARLES E.
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SYLVIA, citizen; resident and Mayor of the City of Los Alamitos, CITY
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OF MISSION VIEJO, a municipal corporation and as successor in interest
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to the Mission Viejo Community Services District, NORMAN P. MURRAY,
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citizen, resident and Mayor of the City of Mission Viejo, CITY OF
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NEWPORT BEACH, a municipal corporation, JOHN C. COX, JR., citizen,
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resident and Mayor of the City of Newport Beach, CITY OF PLACENTIA, a
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municipal corporation, JOHN 0. TYNES, citizen, resident and Mayor of
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the City of Placentia, PLACENTIA REDEVELOPMENT AGENCY, a public body,
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COUNTY SANITATION DISTRICT NOS. 1, 2, 3, 5, 61 7, and 11, local public
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agencies, CITY OF TUSTIN, a municipal corporation, TUSTIN COMMUNITY
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REDEVELOPMENT AGENCY, a local public agency, MIDWAY CITY SANITARY
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DISTRICT, a local public agency, LOS ALAMITOS COUNTY WATER DISTRICT, a
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local public agency, SOUTH COAST WATER DISTRICT, a local public
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agency, IMPROVEMENT DISTRICT NO. 1 OF SOUTH COAST WATER DISTRICT, an
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improvement district, CITY OF SAN JUAN CAPISTRANO, a municipal
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corporation, CITY OF SAN JUAN CAPISTRANO, COMMUNITY REDEVELOPMENT
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AGENCY, a public body, STEPHEN B. JULIAN, citizen, resident and City
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Manager of the City of San Juan Capistrano, and Executive Director of
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the San Juan Capistrano Community Redevelopment Agency, CITY OF SANTA
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ANA, a municipal corporation, COMMUNITY REDEVELOPMENT AGENCY OF THE
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CITY OF SANTA ANA, a public body, CITY OF SEAL BEACH, a municipal
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corporation, REDEVELOPMENT AGENCY OF THE CITY OF SEAL BEACH, a public
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body, CITY OF STANTON, a municipal corporation, MARTHA V. WEISHAUPT,
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citizen, resident and Mayor of the City of Stanton, STANTON
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REDEVELOPMENT AGENCY, an independent public entity, PAUL VERELLEN,
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citizen and resident of the City of Stanton and Chairman of the
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Stanton Redevelopment Agency, CITY OF WESTMINSTER, a municipal
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corporation, WESTMINSTER REDEVELOPMENT AGENCY, a public entity,
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WESTMINSTER MUNICIPAL LIGHTING DISTRICT, a public entity, and CITY OF
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WESTMINSTER SPECIAL DISTRICT AUGMENTATION TAX FUND, a special district
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tax fund.
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2. Definitions.
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For purposes of this release, the term:
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(a) "Related parties" includes, where applicable, each and all
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of such party's respective predecessors, successors, and assigns; each
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and all of such party's heirs and personal representatives (if such
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party is an individual); each and all of such party's past,present,
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and future directors, officers, and elected or appointed members of
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the party's governing body; each and all of such party's agents,
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employees, representatives, and attorneys; and each and all persons
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acting by, through, under, or in concert with such party or in concert
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with any or all of the foregoing persons.
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(b) The "Claim" means any and all manner of action or actions,
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cause or causes of action, in law or in equity, suits, debts, liens,
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contracts, agreements, promises, liabilities, claims, demands,
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damages, losses, costs or expenses, of any nature whatsoever, known or
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unknown, fixed or contingent, which any party now has,or may hereafter
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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
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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,
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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.
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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
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By
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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
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DRUG USE
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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
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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
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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
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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