Loading...
1987-0901_ORANGE, COUNTY OF_Agreement0 a ORIGINAL AGREEMENT This Agreement is made and entered into this 41� day of ,,� . 1987 by and between the County of Orange, the Or nge County 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 the "Agency"), and the City of San Juan Capistrano (hereinafter referred to as the "City"): R E C I T A L S WHEREAS, the 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 delineated a redevelopment project area (the "Project Area,); and WHEREAS, the Redevelopment Plan as approved by Ordinance No. 488 contains provisions for the distribution and allocation of property tax revenues derived from property located within the Project Area, as described in the attached Exhibit "A", to the Agency pursuant to California Health and Safety code Section 33670(b) (hereinafter referred to as "Original Area Tax Increment"); and WHEREAS, Fiscal Review Committee meetings were held by representatives of the County and other affected taxing entities to determine the 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 Taxing Entities; and WHEREAS, by ordinance No. 509 of the City, the Redevelopment plan was amended by the "1984 Amendment", which 1984 Amendment increased the total amount of tax increment which could be allocated to the Agency but which did not change the territory included within the Project Area; and WHEREAS, the parties hereto previously entered into an agreement dated as of July 10, 1984 concerning the allocation of taxes with respect to the Project Area (the "1984 County Agreement"); and WHEREAS, by Ordinance No. 547 of the City, the Redevelopment Plan was amended by the "1985 Amendment", which 1985 Amendment increased the territory included within the Project Area but did not increase the amount of tax increment which could be allocated to the Agency, and the Project Area as amended by the 1985 Amendment is described in the attached Exhibit "B"; and WHEREAS, the parties thereafter entered into a second agreement dated as of December 10, 1985 (the "1985 County Agreement") providing for an allocation of taxes with respect to the territory included within the Project Area by virtue of the 1985 Amendment (the "1985 Added Area Tax increment"); and WHEREAS, by Ordinance No. 582 of the City, the Redevelopment Plan was further amended by the "1986 Amendment', which 1986 Amendment further increased the territory included within the Project Area but did not increase the total amount of tax increment which could be allocated to the Agency; and WHEREAS, the original Project Areas (as approved by ordinance No. 488), and the area added to the Project Area by Ordinance No. 547 (the "1985 Added Area"), and the area added to the Project Area by Ordinance No. 582 (the "1986 Added Area") shall together be referred to herein as the "Amended Project Area", and said Amended Project Area is described in the attached Exhibit "C"; and WHEREAS, upon adoption of the 1986 Amendment, provisions for the distribution and allocation of property tax revenues, in conformity with California Health and Safety Code Section 33670(b), shall be applicable to the Amended Project Area; and 06-01-87 5857k/2299/03 -2- WHEREAS, the parties have conducted informal meetings and discussions to exchange information concerning the 1966 Amendment and its impacts and, based upon such discussions, have determined that the receipt of tax increment by the Agency from the 1986 Added Area the "1986 Added Area Tax Increment" would have an adverse impact on the County Taxing Entities; and WHEREAS, the parties agree that the 1986 Amendment will cause a financial burden and detriment to the affected County Taxing Entities, in that there will be a net increase in the quality and quantity of services provided by the County Taxing Entities; and WHEREAS, the parties agree that the payments provided for under this Agreement are necessary to alleviate the above financial burdens and detriments; and WHEREAS, the total original Project Area Tax Increment, the 1985 Added Area Tax Increment and the 1986 Added Area Tax Increment together, shall be referred to as the "Combined Tax Increment"; and WHEREAS, pursuant to California Health and Safety Code Section 33401, the Agency may pay to the County Taxing Entities, which taxing agencies have territory located in the Amended 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 as amended by the Amendment; and WHEREAS, for the above reasons, and to amicably resolve any differences regarding the Amended Redevelopment Plan and any activities previously taken thereunder, 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 to and paid into the special fund of the Agency from the Amended Project Area pursuant to Health and Safety Code Section 33670(b), the Agency will pay or cause to be paid to Orange County Structural Fire 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: 06-01-87 5857k/2299/03 -3- 0 a Orange County General Fund Orange County food control District Orange County Structural Fire fund 4.0% 2.2% 10.9°% B. Each fiscal year commencing the first fiscal year after the Agency has received a total of Three Hundred Fifteen Million dollars ($315,000,000) in Combined Tax Increment from the Amended Project Area, instead of those percentages set forth in Part A of this Section 1, the Agency shall pay to the County General Fund, Orange County Structural Fire 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 have been received by each of the above taxing entities in that fiscal year if all property tax revenues from the Amended Project Area were 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 "Combined Tax Increment" shall only include all ad valorem property taxes allocated 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: (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 Structural Fire Fund shall be terminated effective the first full fiscal year following said termination; and (2) All funds paid by or on behalf of the Agency which are to be paid to the Orange County Structural Fire Fund and the Orange County Flood Control District shall be deposited into the orange County Structural Fire Fund and the Orange County Flood control District Fund, respectively, for use only for fire protection purposes and Flood Control District purposes respectively 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: 06-01-87 5857k/2299/03 -4- 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 received between January 1 and June 30 of any fiscal year shall be made no later than the following August 30. C. Except as otherwise provided in this Section 2.C. 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 Amended Project Area; provided that, notwithstanding the foregoing, the Agency may pledge on a first and senior basis all amounts referred in Section 1: (i) with the consent of the County; or (ii) upon the payment by the Agency to the County (or commitment by a trustee or fiscal agent in connection with the issuance of bonds to cause to be annually paid) from the proceeds of such issue or other revenues available to the Agency such revenues as would be payable to the County in any year in which pledged revenues would be payable tot he County pursuant to this Agreement. It is the mutual intention of the parties that this clause (ii) shall neither increase nor decrease the amounts payable annually to the County by the Agency pursuant to this Agreement. D. The Agency's obligation to make payments hereunder shall be limited to and be paid only from Combined Tax Increment from the Amended 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 contrary, 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 06-01-87 5857k/2299/03 -5- would have been received by that County Taxing Entity if all the property tax revenues from the Amended Project Area had been allocated to all the affected taxing agencies without regard to the division o taxes required by Health and Safety Code Section 33670. F. The 1985-86 assessment roll shall be the base year assessment roll for the 1986 Added Area. The base roll for territory included within the Project Area by virtue of Ordinance No. 488 and Ordinance No. 547 shall not be changed from the base roll applicable to such territory and in effect prior to the execution of this Agreement. SECTION 3: The County Taxing Entities consent to and approve the 1986 Amendment, which has been reviewed by the County Taxing Entities and provides for the inclusion of the 1986 Added Area to the Amended Project Area and the use of tax increment financing with respect to such Added Area. The County Taxing Entities agree that they will not file any lawsuit attacking or otherwise questioning the validity of the 1986 Amendment or the adoption or approval of such Amendment, or any other findings or determinations previously made by the Agency or the City Council in connection with such Amendment, or any actions previously taken by the Agency or the City to implement the Redevelopment Plan, the 1984 Amendment, the 1985 Amendment, or the 1986 Amendment. SECTION 4: This Agreement constitutes the entire agreement between the Agency and the County Taxing entities with respect to the matters set forth herein, and supersedes any prior agreements by the parties in connection with the Redevelopment Plan or the Amendments thereto (including without limitation the 1984 County Agreement and 1985 County Agreement); 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 the Agency is deactivated pursuant to Section 33141 of the California Health and Safety Code or its successor. 06-01-87 5857k/2299/03 -6- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Dated: SEP 1 jNpO,"V I APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL By: Depu y SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. LINDA D. ROBERTS Clerk QQf the Board of SupervisorsSEP 1 1987 Dated: July 21. 1987 APPROVED AS TO FORM* Agency Legal Counsel Thomas Clark Dated: ,July 21, 1987 APPROVED AS TO FORM: Attorney John Shaw City Clerl gency Sec etary Diary Ann Hanover 0b-01-87 5857k/2299/03 -7- COUNTY OF ORANGE, ORANGE COUNTY FLOOD CONTROL DISTRICT and ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT By j u airman, Board of upervisors SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY By: Cha rman Gary L. Hausdor /or CITY OF SAN JUAN CAPISTRANO By: Mayor, ty Council Anthony Bland 0 October 6, 1987 wr OF N G E COUNTY ADMINISTRATIVE OFFICE Mr. Stephen Julian, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Julian, i LARRY PARRISH COUNTY ADMINISTRATIVE OFFICER ROBERT E. THOMAS HALL OF AOMINISTRATION 10 CIVIC CENTER PLAZA. SANTA ANA. CA 82701 (714) 834-2345 The Orange County Board of Supervisors has approved the tax increment reim- bursawnt agreement negotiated between the City and the Canty for the San Juan Capistrano Redevelopment Project kwO ment No. 86-1. I am enclosing a copy of that agreement for the city's files. RAK:dr Enclosure rk5 i y, chard Keefe Manager, InteYgwPr„RwT,t al Relations OCT 0 7 IF? 0 i MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA SEPTEMBER 1, 1987 TAX INCREMENT REIMBURSEMENT AGREEMENT WITH SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY: County Administrative Office requests approval of negotiate agreement with the City of San Juan Capistrano Redevelopment Agency which provides for the pass-through of certain tax increments to the County family of funds impacted by the San Juan Capistrano Redevelopment Project Amendment No. 86-1. MOTION: On motion by Supervisor Riley, Board moved to: 1. Authorize execution Clerk of the Board to cause the original sent to the City of San Juan Capistrano. CARRIED. ®F1013-2.3 (12/76) seconded by Supervisor Wieder, the of the agreement. 2. Direct the executed copy of the agreement to be Supervisor Roth was absent. MOTION • July 24, 1987 Mr. Richard Keefe County Administration Office 10 Civic Center Plaza Santa Ana, California 92701 Re: Dear Mr. Keefe: for MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIESS GARY L. HAUSOORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN R 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 respective regular meetings held July 21, 1987, approved the Tax Increment Pass Through Agreement with the County of Orange for Redevelopment Project Amendment No. 86-1. Three copies of the Agreement executed by the City and the Agency are enclosed. Upon approval of the Board of Supervisors, please return one fully -executed copy to this office. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, Mary Ann Hinover, CMC City Clerk MAH/mac Enclosures cc: Director of Community Planning and Development 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 • (714) 4931171 0 0 JULY 21, 1987 REGULAR MEETING OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS The Regular Meeting of the Board of Directors of the San Juan Capistrano Community Redevelopment Agency was called to order by Chairman Hausdorfer at 7:16 p.m., in the City Council Chamber. ROLL CALL PRESENT: Gary L. Hausdorfer, Chairman Kenneth E. Friess, bice Chairman Anthony L. Bland, Director Lawrence F. Buchheim, Director Phillip R. Schwartze, Director ABSENT: None STAFF PRESENT: Stephen B. Julian, Executive Director; Thomas G. Merrell, Deputy Director; Mary Ann Hanover, Agency Secretary; Robert G. Boone, Finance Officer; Glenn Southard, Assistant City Manager; John R. Shaw, City Attorney; William D. Murphy, Director of Public works; Thomas L. Baker, Director of Community Services; Cheryl Johnson, Recording Secretary. MTNIITFS Adjourned Regular Meeting of June 30, 1987: It was moved by Director BuChheim, seconded by Director Bland, that the Minutes of the Adjourned Regular Meeting of June 30, 1987, be approved as submitted. The motion carried by the following vote: AYES: Directors Bland, Buchheim, and Chairman Hausdorfer NOES: None ABSTAIN! Directors Schwartze and Friess ABSENT: None Regular Meeting of July 7, 1987: It was moved by Director Buchheim, seconded by Director Bland, that the Minutes of the Regular Meeting of July 7, 1987, be approved as submitted. The motion carried by the following vote: -1- 7/21/87 AYES: Directors Friess, nd Chairman Ha one >AACTIONS irector Schwart one BOARD 1. APPROVAL OF WARRANTS(300. 2. 3. nd,Buchheim, orfer It was moved by Director Sch rtze, econded � carried to approve the List Deman dated July the total amount of $1,29 , 66.84. ANNUAL REPORT ( 0.10) Written Comm tcations: Report date July 21, 1987, from th Depu Report fo Fiscal Year 1986-87, \hic set foi project nd accomplishments over th p st y ar. or Friess, and unanimously ', Warrant Nos. 526-545, in Director, forwarding the th the status of redevel as moved by Councilman Buch seconded by Councilman Bland and imously carried to receive and file t Annual Report for Fiscal Year 1986-87. Written Communications: Report dated July 21, 1987, from the Deputy Director, forwarding an agreement between the County, the City, and the Community Redevelopment Agency to set 1985-86 as the base year assessment roll for the 1986 Added Area of the Redevelopment Plan (Great Western/Price Club property). The base year for the remaining territory in the Project Area will remain 1984-85. The total percentage of tax increment to be passed through to the County for the taxing agencies remained at 17.196. This agreement constituted the entire agreement between the Agency and the County Taxing entities and superseded prior agreements in connection with the Redevelopment Plan or amendments thereto. The agreement will become effective upon execution by the Board of Supervisors. Approval of Agreement: It was moved by Director Schwartze, seconded by Director Bland and unanimously carried to approve the tax increment agreement and to authorize the Chairman and Agency Secretary to execute the agreement on behalf of the Agency for forwarding to the Orange County Board of Supervisors. -2- 7/21/87 AGENDAITEM TO: Stephen B. Julian, City Manager FROM: Thomas G. Merrell, Director Community Planning and Development SUBJECT: County Tax Increment Pass Through Agreement for Redevelopment Project Amendment No. 86-1 SITUATION July 21, 1987 A. Summary and Recommendation - Redevelopment Plan Amendment 86-1 was adopted on August 19, 1986. As part of that amendment, the Agency and City agreed to enter into an agreement with the County of Orange to mitigate potential fiscal impacts to the County arising from new development within the project area. Therefore, it is now appropriate for the City to approve the attached agreement and forward it to the County for its execution. B. Background - The Redevelopment Plan Amendment adopted on August 19, 1986, consisted of a map change to add the Great Western (Price Club) property (23.032 acres) into the project area. The County determined that the addition of this area would impact the services the County provides to the City. The proposed agreement does not change the percentages to be passed to the County from the Agency from the affected taxing agencies (Orange County General Fund, Flood Control District and Fire Protection Fund) provided for in the existing agreement between the County/City/Agency. The only change in the agreement is that the base year for the assessed roll is to be 85-86 instead of 84-85 for this particular property. The total percentage of tax increment to be passed through to the County for the taxing agencies is 17.1%. The County requests the Agency and City execute the agreement prior to the County Board of Supervisors acting on the matter. PUBLIC NOTIFICATION None. COMMUNITY REDEVELOPMENT AGENCY The Redevelopment Agency is considering this matter at its meeting of July 21, 1987. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable. FINANCIAL CONSIDERATIONS The agreement continues to obligate the Agency to 17.1% 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 the County Au r/Controller. i':)R Cmc`,'4 OONC1L pC ? . , C's Agenda Item ALTERNATE ACTIONS 0 -2- July 21, 1987 1. Approve the agreement and forward it to the Orange County Board of Supervisors for execution. 2. Do not approve the agreement and authorize staff to negotiate changes to it. RECOMMENDATION By motion, approve the proposed tax increment agreement and authorize its execution and forward to the County Board of Supervisors for execution. Respectfully submitted, Thomas G. Merrell, Director Community Planning and Development TGM:PAD:dh Attachment GPDAI721971