1984-0710_ORANGE, COUNTY OF ET AL_Agreementi 4
Memorandum February 27, 1997
TO: Tax Increment Pass-Thru File (County of Orange) (600.40)
FROM: Cindy Pendleton, Administrative Services Director
SUBJECT: Change in remittance of Pass-Thru (Orange County Fire Authority)
Effective January the Agency's pass-thru agreement for 17.1 % of gross increment received shall be
paid as follows:
Orange County Fire Authority 10.9%
County of Orange 6.2%
Total 17.1
The remittance shall be made as follows:
Orange County Fire Authority
Financial Services, Accounts Receivable
P.O. Box 1828
Orange, CA 92856-0828
County of Orange
Auditor -Controller
P.O. Box 567
Santa Ana, CA 92702-0567
CP
G
STEVEN E. LEWIS
AUDITOR -CONTROLLER
Y OF
FINANCE BUILDING
12 CIVIC CENTER PLAZA
P. O. BOX 567
SANTA ANA, CA 92702-0567
N G E TELEPHONE: 834-2450
AREA CODE 714
OFFICE OF AUDITOR -CONTROLLER
San Juan Capistrano Redevelopment Agency
c/o City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
ATTN: Cindy Pendleton
February 21, 1997
SUBJECT: Fire Authority Pass -Through Payment
On March 1, 1995, the Orange County Fire Authority was established as a Joint Powers
Authority. From March 1995 through December 1996, the County of Orange Auditor -
Controller's office continued to perform accounting services for the Fire Authority. Effective
January 1, 1997, the Orange County Fire Authority implemented its own accounting system.
From now on, any pass-through payments due to the Orange County Fire Authority should be
paid directly to them at the following address:
Orange County Fire Authority
Financial Services, Accounts Receivable
P. O. Box 1828
Orange, CA 92856-0828
Please note that all other pass-through payments owed should still be made payable to the
County of Orange Auditor -Controller and sent to the following address:
County of Orange
Auditor -Controller
P. O. Box 567
Santa Ana, CA 92702-0567
If you have any questions or concerns regarding the above mentioned change of procedure,
please call Kathleen Long at (714) 834-2698. Thank you for your cooperation in this matter.
Jan Grimes, Manager
General Accounting
JG:KL
RFrcIV
cc: Tricia Bello, Financial Services Manager, Orange County Fire Authority r- T)
Kathy Ferrola, Manager, Revenue & Budget Unit F i_, 7 6 JL7
Michael Ruane, Assistant Chief Executive Officer, Strategic Affairs, CEO
`o F0132-26
4
AGREEMENT
This Agreement is made and entered into this 2 day of ?,
1984, by and between the County of Orange; the Orange Coun�t'y` Flood
Control District; the Orange County Harbors, Beaches and Parks District
(hereinafter collectively referred to as "County Taxing Entities") ; the San
Juan Capistrano Redevelopment Agency (hereinafter referred to as "Agency");
and the City of San Juan Capistrano (hereinafter referred to as the "City").
R E C I T A L S
WHEREAS, Agency is a redevelopment agency existing pursuant to the
provisions of the Community Redevelopment Law (California Health and Safety
Code Section 33000 et seq.) which has been authorized to transact business
and exercise the powers of a redevelopment agency pursuant to action of the
City Council of the City; and
WHEREAS, the Agency has prepared, and the City Council of the City
has adopted by Ordinance No. 488 , a redevelopment plan entitled "San Juan
Capistrano Central Redevelopment Project" (the "Redevelopment Plan") which
delineates a redevelopment project area (the "Project Area"); and
WHEREAS, the Redevelopment Plan contains provisions for the distribu-
tion and allocation of property tax revenues derived from property located
within the Project Area, as described in Exhibit A, to the Agency pursuant
to California Health and Safety Code Section 33670(b)- and
WHEREAS, Fiscal Review Committee meetings ha a been held by repre-
sentatives of the County and other affected taxing en ities to determine the _ p
r
\ via ''_* Cu< ")
fiscal impact of the Project and the anticipated allocation of tax increment
money to implement the Redevelopment Plan; and
WHEREAS, on June 24, 1983 the Fiscal Review Committee found that the
use of tax increment financing would have an adverse fiscal impact on the
County Taxing Entities; and
WHEREAS, the parties agree that the redevelopment project will cause a
financial burden and detriment to the affected County taxing entities, in that
there will be a net increase in the services provided by the County; and
WHEREAS, the parties agree that the payments provided for under this
agreement are necessary to alleviate the above financial burdens and detri-
ments; and
WHEREAS, pursuant to California Health and Safety Code 33401, the
Agency may pay to the County Taxing Entities, which taxing agencies have
territory located in the Project Area, an amount of money which, in the
Agency's determination, is appropriate to alleviate any financial burden or
detriment caused to the County Taxing Entities by the Redevelopment Project;
and
WHEREAS, for the above reasons, and to amicably resolve any differ-
ences regarding the Redevelopment Plan, the parties hereto enter into this
Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual
covenants and conditions contained herein, the parties hereto agree as
follows:
SECTION 1.
A. In each year, commencing with fiscal year 1983-84, that property
taxes are allocated and paid into the special fund of the Agency from the
2
Project Area pursuant to Health and Safety Code Section 33670(b), the
Agency will pay or cause to be paid to Orange County Fire Department Fund,
the Orange County General Fund, and the Orange County Flood Control
District the corresponding percentages of the amount so allocated to and paid
into said special fund as follows:
Orange County General Fund 4.0%
Orange County Flood Control District: 2.2%
Orange County Fire Protection Fund: 10.9$
B. Commencing the first fiscal year after the Agency has received a
total of three hundred fifteen million dollars ($315,000,000) in Tax Increment
from the Project Area and each year thereafter, instead of those percentages
set forth in Part A of this Section 1, the Agency shall pay to the County
General Fund, Orange County Fire Department Fund, Orange County Library
Fund, Orange County Harbors, Beaches and Parks District Fund, and Orange
County Flood Control District Fund an amount equal to one hundred percent
(100%) of the amount which would be received thereafter by each of the above
taxing entities (after the Agency has received three hundred fifteen million
dollars [$315,000,000] in Tax Increment) if all property tax revenues from the
Project Area were thereafter allocated to all the affected taxing agencies
without regard to the diversion of taxes required by Health and Safety Code
Section 33670, or its successor.
C. As used in this agreement the terms "property tax revenues" and
"Tax Increment" shall only include: (1) all advalorem property taxes allo-
cated and paid to the special fund of the Agency pursuant to Health and
Safety Code Section 33670(b), or its successors.
D. Notwithstanding the foregoing, the obligation of the Agency to make
those payments described in Part A and Part B of this Section 1 shall be
subject to the following adjustments:
3
(1) In the event that the City terminates its use of County fire
protection services, the obligation of the Agency to pay funds to the
County for the Orange County Fire Department Fund shall thereafter be
terminated and the Agency shall thereafter have no obligation to make
payments of those amounts identified in Part A of Section 1 as payable to
the Orange County Fire Department Fund, or to make any payments to
the Orange County Fire Department Fund.
(2) All funds paid by or on behalf of the Agency which are to be
paid to the Orange County Fire Department and the Orange County Flood
Control District shall be deposited into the Orange County Fire Depart-
ment Fund and the Orange County Flood Control District Fund respective-
ly, for use only for fire protection purposes or flood control purposes
(including administrative costs) as allowed by statute.
SECTION 2.
Payments to County Taxing Entities as set forth in Section 1 above are
subject to the following conditions and limitations:
A. The Agency's obligations under this Agreement are deemed to
constitute "an indebtedness" within the meaning of Health and Safety Code
Section 33675.
B. The Agency shall pay to the County Taxing Entities amounts due
pursuant to this Agreement during each fiscal year within a reasonable period
after the Agency receives the tax increment allotment from the County
Auditor -Controller, provided that payments in relation to allotments received
between July 1 and December 31 of any fiscal year shall be made no later
than the following February 28; and that payments in relation to allotments
4
received between January 1 and June 30 of any fiscal year shall be made no
later than the following August 30.
C. Without the prior approval by the County, the Agency's obligation
to make the payments referenced in Section 1 shall not be subordinated to
any pledge of or other obligation by the Agency, including but not limited to
the Agency's obligation under Health and Safety Code Section 33334.2 and any
reimbursement agreements with other taxing agencies receiving taxes from the
Project Area.
D. The Agency's obligation to make payments hereunder shall be
limited to and be paid only from Tax Increment from the Project Area received
by the Agency. The City shall have no financial obligation by virtue of this
Agreement, and shall not be responsible for the discharge of obligations of
the Agency herein. The Agency shall be deemed to be fully discharging its
obligations under this Agreement if it pays or causes the payment of those
amounts payable pursuant to Section 1 of this Agreement.
E. Notwithstanding any other provision of this Agreement to the con-
trary, the Agency's obligation to make payments to any County Taxing Entity
under this Agreement in any single year shall not exceed the amount of
property tax revenues which would have been received by that County Tax-
ing Entity if all the property tax revenues from the Project Area had been
allocated to all the affected taxing agencies without regard to the division of
taxes required by Health and Safety Code Section 33670.
SECTION 3.
The County Taxing Entities consent to and approve the amendment of
the Redevelopment Plan, which has been reviewed by the County Taxing
Entities and provides for the inclusion of additional public improvements or
5
capital improvement projects and an increase to three hundred forty million
dollars ($340,000,000) of Tax Increment payable to the Agency (the "Amend-
ment"). The County (and the County Taxing Entities) agrees that it will not
file any lawsuit attacking or otherwise questioning the validity of the above
Redevelopment Plan or the Amendment or the adoption or approval of such
Plan or the Amendment, or any of the findings or determinations previously
made by Agency or City Council in connection with such Redevelopment Plan,
or findings or determinations made by the Agency or the City Council in
connection with the Amendment, or any actions previously taken by Agency
or City to implement such Redevelopment Plan or the Amendment.
CFI (.TTnm d
This Agreement constitutes the entire agreement between the Agency and
the County Taxing Entities with respect to the matters set forth herein, and
any changes, modifications or amendments thereto shall be legally binding and
effective only upon duly executed written amendment hereto.
SECTION 5.
This Agreement shall become effective the date last executed below and
shall continue in effect until Agency is deactivated pursuant to Section 33141
of the California health and Safety Code or its successor.
1J
•
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year first above written.
Dated:
APPROVED AS TO FORM:
VJ)��
ounty Counsel
By:
Chairman, Board of Supervisors
Dated: JUL 10 1984
COUNTY OF ORANGE, ORANGE FLOOD
CONTROL DISTRICT, AND ORANGE
COUNTY HARBORS, BEACHES AND
PARKS DISTRICT
Dated: 4.{,(j tl
,2(� • ��][�-
APPROVED AS TO FORM:
Agency LegCau—n-sel-4
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. ROBERTS
Clerk of the Board of Supervisors
County of Orange. California
Res # F
7"7e JUL 10 1984
MBL18/23
Dated: June 5, 1984
SAN JUAN CAPISTRANO
REDEVELOPMENT AGENCY
By:,I c.
azrma
Dated: June 5. 198
CITY OF SAN JUAN CAPISTRANO
By: w_ -
a or, ty ounce
Attest:
CM
Mary
Ann
nover;
City
Cle
/Agency
Secretary
3 RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
5;; July 10, 1984
On the motion of Supervisor Riley, duly seconded and carried,
tna-ollowing Resolution was adopted:
8 BE IT RESOLVED THIS Board does hereby approve the agreement with
9 re City of San Juan Capistrano and the San Juan Capistrano
10'' Co.,._munity Redevelopment Agency which provides for the pass-through of
I, ..e_ ain tax increments to the County family of funds impacted by the
12 Sa- Juan Capistrano Community Development Project and the Clerk of
3oard is directed to execute said agreement on behalf of ' hT.., L;ooi r;
1' BE IT FURTHER RESOLVED that the Clerk of the Board is directed to
_ive original executed copies of the Agreement to the City of
1-
I3
1^
7�:an Capistrano.
2;
SUPERVISORS THOMAS F. RILEY, RALPH B
_ AND HARRIETT M. WIEDER
25
SUPERVISORS NONE
1^7= SUPERVISORS BRUCE NESTANllF.
=7 "on No. 84-1071A
__.`-San Juan Cap.Comm.
ionm.Agency & City of
_._., Cao -Tax Inc-,�m.Reimb. 1.
CLARK, ROGER R
i
i
i
i
STANTON,!
5
6
7
8'
9
10
11
12
13
14
13
19
20
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2>
23
21
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2(5
STATE OF CALIFORNIA
1 ss.
COUNTY OF ORANGE )
I, LINDA D. ROBERTS, Clerk of the Board of Supervisors of Orange
County, California, hereby certify that the above and foregoing Reso-
lution waS duly and regularly adopted by the said Board at a regular
meeting thereof held on the 10th day of July 19 84,
and passed by a unanimous vote of said Board members present.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
10th_ day of July , 19 84.''
)LINDA D. ROBERTS
Clerk of.the Board of Supervisors
of Orange County, California
2..
Ir O F
RECEIVED
0
N G E SEP 14 if I3 Qp •8�
CITY CLERK
DEPARTMENT
JUANCITY
OF <
,.AP,S
COUNTY ADMINISTRATIVE OFFICE
September 13, 1984
Ms. Mary Ann Hanover
City Clerk
City of San Juan Capistrano
32400 Pasco Adelanto
San Juan Capistrano, California 92675
Dear Ms. Hanover:
R. E. THOMAS
COUNTY ADMINISTRATIVE OFFICER
HALL OF ADMINISTRATION
10 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA 92701
TELEPHONE: 834-2345
AREA CODE 714
Enclosed are three copies of the Tax Increment Agreement. The Chairman of
the Board has initialled and dated the change on each copy of page one as
requested. I have retained three copies for the County.
Thank you for your cooperation.
Sincerely,
,a(t G�JXX C Ca
George A. Rebella
Principal Staff Analyst
GAR:mkp
Enclosures
August 10, 1984
George A. Rebella
Orange County Administrative Office
10 Civic Center Plaza
Santa Ana, California 92701
Re: Tax Increment Agreement
Dear Mr. Rebella:
Enclosed are six copies of the Tax Increment Agreement.
In reviewing the document, Community Redevelopment Agency Counsel
Tom Clark discovered a minor discrepancy on page one. He has
corrected this by interlineating. Please ask the Chairman of the
Board of Supervisors to initial and date the change on each copy
of page one and return all copies of the Agreement to me.
Thank you for your cooperation.
Very truly yours,
ma'j d -114,e
MARY ANN HANOVER, CMC tC`�
City Clerk
MAH/mac
Enclosures
CLARK
0 0
STRADLINO, YOCCS, CARLSON & RAUTH
JR.
July 26, 1984
J. KILre W.
WMTRRRAD
Ms. Mary Ann Hanover
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mary Ann:
UL 1,, 1 18 py f0q,
Joxx E. BRRCRRRRIDO
Oc COU"KL
Enclosed please find the Tax Increment Agreement
executed by the County of Orange. In reviewing the documents
we discovered a minor discrepancy on page 1 which I have
corrected by interlineating. After approval by the Agency,
please ask the Chairman of the Agency to initial the inter-
lineated change and return the executed documents to George
Rebella at the County of Orange with a request to have the
Chairman of the Board of Supervisors initial the change and
return executed initialed copies to you.
TPC:jm
cc: Steve Julian
Ij D hee-nl -/b P/a c.�
C hd-» y- o,,,. a Se-, Dha
Very truly yours,
Thomas P. Clark, Jr.
A PROFESSIONAL CORPORATION
)T1
ATTORNEYS AT LAW
•N
660 NEWPORT CENTER DRIVE, SUITE 1600
7R.
WELLS FARGO BANK BUILDING
POST OFFICE BOX 7680
RD
NEWPORT BEACH, CALIFORNIA 92660-6401
TELEPHONE (714) 640-7035
TELECOPIER (714) 640-7332
JR.
July 26, 1984
J. KILre W.
WMTRRRAD
Ms. Mary Ann Hanover
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mary Ann:
UL 1,, 1 18 py f0q,
Joxx E. BRRCRRRRIDO
Oc COU"KL
Enclosed please find the Tax Increment Agreement
executed by the County of Orange. In reviewing the documents
we discovered a minor discrepancy on page 1 which I have
corrected by interlineating. After approval by the Agency,
please ask the Chairman of the Agency to initial the inter-
lineated change and return the executed documents to George
Rebella at the County of Orange with a request to have the
Chairman of the Board of Supervisors initial the change and
return executed initialed copies to you.
TPC:jm
cc: Steve Julian
Ij D hee-nl -/b P/a c.�
C hd-» y- o,,,. a Se-, Dha
Very truly yours,
Thomas P. Clark, Jr.
^q
32400 PJSeo'ADr4ANT.6*
SAN JU -AWSTRAN04 CALLFOFfi' 1A 92675
`'PNON4!493. 117T
AFF y
July 20, 1984
Tom Clark
Attorney at Law
Stradling, Yocca, Carlson & Rauth
P. O. Box 7680
Newport Beach, California 92660-0680
Re: Tax Increment Agreement
Dear Mr. Clark:
At their respective meetings of June 5, 1984, the City
Council and Community Redevelopment Agency of San Juan Capistrano
approved the Tax Increment Agreement with the County of Orange.
The Board of Supervisors approved the Agreement on July 10, 1984.
Enclosed are six copies of the Tax Increment Agreement.
Please sign each copy at the place indicated for Agency Legal
Counsel, and return all copies to this office. After the
Agreement is rully executed, we will torward a copy to you for
your records.
Thank you for your cooperation.
Very truly yours,
MARY ANN OVER, CMC
City Clerk
MAH/mac
Enclosures
Yi400 P^soz AO6$AN-rce
SAN JUrAfi+4AMSTRA*0CX"FORNIA 92675
-"' PHIONV493.117Y
June 7, 1984
Mr. George A. Rebella
Orange County Administrative Office
10 Civic Center Plaza
Santa Ana, California 92701
Re: Tax Increment Agreement
Dear Mr. Rebella:
At their respective meetings on June 5, 1984, the San
Juan Capistrano Community Redevelopment Agency and the San Juan
Capistrano City Council approved the proposed tax increment
agreement included in the staff report forwarded to you. The
Chairman of the Community Redevelopment Agency and the Mayor of
the City Council were authorized to execute the agreement subject
to execution by the Orange County Board of Supervisors.
Please notify us when the Board of Supervisors has
taken action regarding this agreement, and Mr. Tom Clark,
Counsel for the Community Redevelopment Agency, will coordinate
the signatures on original documents with your office.
If you have any questions, please don't hesitate to
call.
Very truly yours,
MARY ANN ANOVER, CMC
City Clerk
MAH/mac
cc: Tom Clark, Stradling, Yocca,
Carlson & Rauth
Director of Community Planning
and Development
U
0
2. APPROVAL OF TAX INCREMENT AGREEMENT (COUNTY OF ORANGE)
(68.38) This item was continued from the meeting of May 15, 1984,
for review of changes made in the agreement.
Written Communications:
Report dated June 5, 1984, from the Deputy Director,
forwarding an agreement providing allocations to County
taxing agencies totaling 17.1% of the total tax increment to
be generated by the project area. The report cited
additional provisions set forth in the agreement.
Approval of Agreement:
It was moved by Director Friess, seconded by Director
Hausdorfer,and unanimously carried to approve the agreement
and to authorize the Chairman and Agency Secretary to
execute the document subject to approval by the Board of
Supervisors.
AGENDA ITEM June 5, 1984
TO: Stephen B. Julian, Executive Director
Community Redevelopment Agency
FROM: Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
SUBJECT: Tax Increment Agreement (County of Orange)
STTITATTnm
The County of Orange has requested the Community Redevelopment
Agency to mitigate potential fiscal impacts to the County
arising from new development within the project area. The
affected taxing entities include the General Fund, Flood
Control and Fire Protection.
An agreement addressing the above fiscal impacts has been
prepared by staff, Agency counsel and County counsel. The
agreement provides for the following:
Identifies the percentage of tax increment to be
allocated for each County taxing agency. The
total percentage to be passed to the County amounts
to 17.1 percent of the total tax increment to be
generated by the project area. The affected
taxing entities and the costs to the County created
by the project area are as follows:
Orange County General Fund 4.0 percent
Orange County Flood Control District 2.2 percent
Orange County Fire Protection Fund 10.9 percent
° Provides for Agency termination of tax allocation
to the Orange County Fire Protection Fund in the
event the City decides to terminate its fire
protection contract with the County.
° Provides for Agency reduction of tax increment to
fire protection fund in the event funds are not
used by taxing entity.
° Provides for a process regarding timing of payments
and protection of funds to be allocated to the
taxing agencies. Essentially, the payments are to
be made approximately 60 days from receipt of funds
from County Auditor Controller. In addition, the
funds are designated as "an indebtedness" and cannot
be subordinated to any pledge or obligation by the w
Agency. C
Wk GI I Y GOUNCIL A(.'s-NCS ••«
Agenda Item
0
-2-
4une 5, 1984
Determines that the City does not create a negative
financial impact to the taxing entities; thus,
holds the City to have no financial obligation to
the County.
Consents and approves of the current amendment to
the Redevelopment Plan.
Staff believes that the attached agreement adequately addresses
the fiscal impacts to the County taxing entities. The Agency's
efforts to achieve economic revitalization and to attract
investment to our community continue to be possible as a result
of the agreement.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
The agreement would obligate the Agency to 17.1 percent of
the total tax increment to be generated by the project area.
Payment to the County taxing agencies would occur upon receipt
of funds by County Auditor Controller.
ALTERNATE ACTIONS
1. Approve the proposed tax increment agreement, and
authorize the chairman to execute it subject to execution
by the Orange County Board of Supervisors.
2. Do not approve the proposed agreement, and give other
direction to staff.
RECOMMENDATION
By motion, approve the proposed tax increment agreement, and
authorize the chairman to execute it subject to execution by
the Orange County Board of Supervisors.
Respectfully submitted,
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
TGM:jtb
Attachment
BOARD ACTIONS
1. TAX INCREMENT AGREEMENT (COUNTY OF ORANGE)
(68.38) Written Communications:
Report dated May 15, 1984, from the Deputy Director,
forwarding an agreement to mitigate potential fiscal impacts
to the County arising from new development within the
project area. The affected taxing entities include the
General Fund, Flood Control, and Fire Protection. The
agreement provides allocations to County taxing agencies
totaling 17.18 of the total tax increment to be generated by
the project area. The report further cited additional
provisions set forth in the agreement.
Continuation of Agreement:
The Executive Director advised that several changes had been
made in the agreement and the Agency Counsel had requested
additional time to determine whether the changes were
substantive or non-essential. It was moved by Director
Bland, seconded by Director Buchheim and unanimously carried
to continue the matter to the meeting of June 5, 1984.
5I 151 8`{
AGENDA ITEM
TO: Stephen B. Julian, Executive Director
Community Redevelopment Agency
FROM: Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
May 15, 1984
SUBJECT: Tax Increment Agreement (County of Orange)
SITUATION
The County of Orange has requested the Community Redevelopment
Agency to mitigate potential fiscal impacts to the County
arising from new development within the project area. The
affected taxing entities include the General Fund, Flood
Control and Fire Protection.
An agreement addressing the above fiscal impacts has been
prepared by staff, Agency counsel and County counsel. The
agreement provides for the following:
° Identifies the percentage of tax increment to be
allocated for each County taxing agency. The
total percentage to be passed to the County amounts
to 17.1 percent of the total tax increment to be
generated by the project area. The affected
taxing entities and the costs to the County created
by the project area are as follows:
Orange County General Fund 4.0 percent
Orange County Flood Control District 2.2 percent
Orange County Fire Protection Fund 10.9 percent
Provides for Agency termination of tax allocation
to the Orange County Fire Protection Fund in the
event the City decides to terminate its fire
protection contract with the County.
° Provides for Agency reduction of tax increment to
fire protection fund in the event funds are not
used by taxing entity.
° Provides for a process regarding timing of payments
and protection of funds to be allocated to the
taxing agencies. Essentially, the payments are to
be made approximately 60 days from receipt of funds
from County Auditor Controller. In addition, the
funds are designated as "an indebtedness" and cannot
be subordinated to any pledge or obligation by the
Agency.
FOR cxrY COUNCIL AGENDA .-.
W
Agenda Item -2- May 15, 1984
° Determines that the City does not create a negative
financial impact to the taxing entities; thus,
holds the City to have no financial obligation to
the County.
Consents and approves of the current amendment to
the Redevelopment Plan.
Staff believes that the attached agreement adequately addresses
the fiscal impacts to the County taxing entities. The Agency's
efforts to achieve economic revitalization and to attract
investment to our community continue to be possible as a result
of the agreement.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
The agreement would obligate the Agency to 17.1 percent of
the total tax increment to be generated by the project area.
Payment to the County taxing agencies would occur upon receipt
of funds by County Auditor Controller.
ALTERNATE ACTIONS
1. Approve the proposed tax increment agreement, and
authorize the chairman to execute it subject to execution
by the Orange County Board of Supervisors.
2. Do not approve the proposed agreement, and give other
direction to staff.
RECOMMENDATION
By motion, approve the proposed tax increment agreement, and
authorize the chairman to execute it subject to execution by
the Orange County Board of Supervisors.
Respectfully submitted,
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
TGM:jtb
Attachment
San Juan Capistrano
Community
Redevelopment
Agency
George A. Rubella
Hall of Administration
10 Civic Center Plaza
Santa Ana, California 92701
May 4, 1984
Re: Tax Increment Agreement
Dear Mr. Rubella:
At their meeting of May 1, 1984, the San Juan
Capistrano Community Redevelopment Agency took action to continue
the above item to the meeting of May 15, 1984. This action was
taken to provide the time required to complete their review of
the Tax Increment Agreement before the final agreement is
considered by the Agency at the May 15, 1984, meeting.
If you have any questions, please don't hesitate to
call.
Very truly yours,
—7
MARY ANN.HANOVER, CMC
Agency Secretary
MAH/mac
cc: Executive Director
32400 Paseo Adelanto
San Juan Capistrano
California 92673
714-493-1171
3. TAX INCREMENT AGREEMENT (COUNTY OF ORANGE)
(68.38) This item was rescheduled to the meeting of May 15, 1984.
0 0
AGENDA ITEM May 1, 1984
TO: Stephen B. Julian, Executive Director
Community Redevelopment Agency
FROM: Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
SUBJECT: Tax Increment Agreement (County of Orange)
Staff and Agency counsel have completed preparation of a
draft agreement with the County of Orange regarding tax
increment, which has been submitted for County counsel
review. As a result of the time required to complete their
review, staff is requesting that the final agreement to be
considered by the Agency be delayed to the May 15th meeting.
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FOR CITY COUNCIL AGENDA e0l
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133
TAX
11
•
AGREEMENT (COUNTY OF ORANGE
(68.38) Written Communications:
Report dated March 6, 1984, from
advising that the agreement had
reviewed by legal counsel. The
for consideration at the meeting
m the Executive
been received
agreement will
of March 20,
v& /w
Director,
and was being
be presented
1984.
AGENDA ITEM March 6, 1984
TO: Chairman and Board of Directors
Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
SUBJECT: Tax Increment Agreement (County of Orange)
The draft agreement with the County of Orange has been received and is
under review by legal counsel. It is anticipated that the agreement
will be formalized and presented to the Board of Directors at the next
regular meeting.
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k0k CITY COUNCIL AGENDA �...
CRP
13i:L
0
2. TAX INCREMENT AGREEMENT (COUNTY OF ORANGE)
(68.38) No action.was taken on this item.
CLOSED SESSION
The Board recessed at 11:35 p.m., to reconvene the City Council
meeting. The Board convened in a Closed Session at 12:03 a.m.,
for discussion of legal matters, the Agency Secretary being
excused therefrom, and reconvened at 1:05 a.m.
/a/ ( 003
BOARD ACTIONS
J. REDEVELOPMENT PARTICIPATION AGREEMENT (CAPISTRANO UNIFIED
(68.38) It was moved by Director Buchheim, seconded by Director
Schwartze and unanimously carried to continue the items to
the next regular meeting date of Tuesday, December 6, 1983.
CLOSED SESSION
The Board recessed at 8:52 p.m., to reconvene the City Council
meeting. The Board convened in a Closed Session at 9:44 p.m.,
for discussion of legal matters, the Agency Secretary being
excused therefrom, and reconvened at 10:49 p.m.
G
BOARD ACTIONS
1. TAX INCREMENT AGREEMENT (COUNTY OF
(68.38) The Deputy Director advised that an accord had been reached
between the parties, but additional time was needed to
finalize the agreements.
BOARD ACTIONS
(68.38)
AGREEMENT (COUNTY OF ORANGE) AND
The Deputy Director advised
not ready for approval. The
process of reviewing the Tax
the Agency; discussions are
Districts.
that the agreements were
County Counsel is in the
Increment Agreement with
continuing with the School
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AGENDA ITEM October 6, 1983
TO: Board of Directors, Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
SUBJECT: Redevelopment Agreements
SITUATION:
The Redevelopment Agency agreements with the County of Orange,
Capistrano Unified School District, and the Saddleback Community
College District will be forthcoming pending further discussions
with the affected agencies and review at the Council meeting of
September 29, 1983.
C'.�A
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TAX INCREMENT AGREEMENT (COUNTY OF ORANGE)
(68.38) Acting Chairman Bland noted that this item would be
held over pending further interaction between the
County and the Agency.
(—I/4q/ X3
BOARD ACTIONS
(68.38)
- COUNTY OF ORANGE, CAPISTRANO
Report dated September 20, 1983, from the Executive
Director, reporting on the status of negotiations with the
County of Orange,_ the Capistrano Unified School District,
and the Saddleback Community College District, to
participate in or mitigate the effects of the Redevelopment
Plan. The report recommends adjournment to September 29th
to review the proposed final drafts of the agreements.
Review of Draft Agreements:
It was moved by Director Buchheim, seconded by Director
Friess and unanimously carried to receive and file the
report; and, to adjourn the Redevelopment Agency to
Thursday, September 29th, in order to review the proposed
final drafts of the agreements with the County of Orange,
Capistrano Unified School district, as well as a draft
agreement with the Saddleback Community College District.
It is anticipated that adoption of the agreements will be
scheduled for the meeting of October 6, 1983.
0
AGENDA ITEM
September 20, 1983
TO: CRA Board of Directors
FROM: Stephen B. Julian, Executive Director
SUBJECT: Tax Increment Agreement - County of Orange
SITUATION:
The Tax Increment Agreement with the County of Orange will be presented to
the Agency Board of Directors prior to the September 20th meeting.
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FOR f..El ' 4 a aF q? gr BP "C,rmA
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BOARD ACTIONS
1. TAX INCREMENT AGREEMENT (COUNTY OF ORANGE)
(68.38) This item was continued to the meeting of -September 20,
1983. Proposed formal agreements with the County and the
Capistrano Unified School District will be presented for
Agency review and consideration within approximately 30
days.
RECESS AND RECONVENE
The Board recessed at 8:30 p.m., to reconvene the City Council
meeting. The Board convened in a Closed Session at 8:55 p.m.,
for discussion of legal matters, the Agency Secretary being
excused therefrom, and reconvened at 9:30 p.m.
AGENDA ITEM September 6, 1983
TO: Stephen B. Julian, Executive Director
Community Redevelopment Agency
FROM: Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
SUBJECT: Status Report on Consultation With Other Taxing
Agencies
SITUATION
The County of Orange, the Capistrano Unified School District,
and the Saddleback Community College District have expressed
an interest in discussing the fiscal implications of Agency
activities on their respective agencies. Staff has maintained
an openness to consult on such matters since the beginning of
this year. As a result, staff will present proposed formal
agreements with the County and CUSD for Agency review and
consideration within approximately 30 days. Although no
formal agreement has been reached with Saddleback Community
College District, staff has communicated a continuing willing-
ness to work out a similar agreement as we have with CUSD.
Staff requests a closed session with the Agency in order to
review legal aspects of this matter.
Respectfully submitted,
zltr ' x �a"VtR,
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
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AGENDA ITEM September 6, 1983
TO: Board of Directors, Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
SUBJECT: Tax Increment Agreement - County of Orange
This item was not ready at the time of packet preparation
will be distributed prior to the meeting.
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r C UNUL AGENDA
It