Resolution Number 09-11-17-01RESOLUTION NO. 09-11-17-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, IN SUPPORT OF REDUCING THE
MAXIMUM TAX LEVY FOR COMMUNITY FACILITIES DISTRICT 98-1A
(PACIFICA SAN JUAN)
WHEREAS, the Capistrano Unified School District (CUSD) has established
Community Facilities District 98-1A as amended on June 14, 2005 and the City Council
adopted Resolution 04-06-01-05 approving the Amended and Restated Joint Community
Facilities Agreement (JCFA) between the City of San Juan Capistrano, Capistrano Unified
School District, and SJD Partners, LTD related to the Pacifica San Juan Planned
Development; and,
WHEREAS, CFD 98-1 A has not yet issued bonds as anticipated to fund the School
and City Facilities as anticipated, and the City has not received any funding from CFD98-
1 A, however the City has collected development fees on the 63 homes built to date in -lieu
of receiving proceeds from CFD98-1A; and,
WHEREAS, the City supports the residents of Pacifica San Juan development in
their request for a reduction on the FY 2009110 maximum tax levy related to that portion of
the tax levy related to the City Facilities that have been funded by the development fees
collected when these residences were built; and,
WHEREAS, the City's support of this waiver of a portion of the maximum annual tax
levy for FY 2009110 is not intended to provide any guarantee to support any future
reductions in the maximum tax levy.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby
Section 1. Declare support for the waiver of that portion of the maximum tax levy
for CFD 98-1 A for FY 2009110 based on the proportionate share of its City ;Facilities to CFD
98-1A.
Section 2. Determine that this support does not waive any rights of the City
related to CFD98-1, nor does it bind the City to support any reductions of the maximum tax
in the future.
11-17-2009
Section 3. Request that the Capistrano Unified School District amend their FY
2009/10 tax levy with Orange County Auditor -Controller's Office based as outlined in
Exhibit A attached hereto.
PASSED, APPROVED, AND ADOPTED this 17th day of November, 2009.
ATTEST.
MARK WELSEN, MA OR
ING CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed Acting City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 09-11-17-01 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 17th day
of November 2009, by the following vote:
AYES.NCIL MEMBERS: Freese, Hribar,
NOES.' 1�"-
NCIL MEMBER: None
ABSENT: _INCIL MEMBER: Allevato
T A '7
ng gity Clerk
Uso and Mayor Nielsen
11--17-2009