ORANGE , COUNTY / AGENCIESAGREEMENT
This Agreement is made and entered into this 42 -day of(/ 61T ,
1984, by and between the County of Orange; the Orange 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 "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 'ties 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; 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
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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:
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(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
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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
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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.
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
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year first above written.
Dated: I ZOt %A
APPROVED AS TO FORM:
Vjl\��
County Counsel
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARC.
LINDA D. ROBERTS
Clerk of the Board of Superv;sw
County of Orange, Caffrsrm.
Fe sS i4r r g y - 1 3
Cu,o JUL 10
1984
MBL18/23
Dated: JUL 10 1984
COUNTY OF ORANGE, ORANGE FLOOD
CONTROL DISTRICT, AND ORANGE
COUNTY HARBORS, BEACHES AND
PARKS DISTRICT
Chairman, Board of Supervisors
Dated: June 5, 1984
SAN JUAN CAPISTRANO
REDEVELOPMENT AGENCY
By:
CH-a-irman
Dated: June 5, 1984
CITY OF SAN JUAN CAPISTRANO
By: "IWLW
y r, ity ounce
Attest:
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Mary Ann 'gahovet, CMC
City Cle k/Agency Secretary
i
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA Jl7
July 10, 1984
G On the motion of Supervisor Riley, duly seconded and carried,
the following Resolution was adopted:
8 BE IT RESOLVED THIS Board does hereby approve the agreement with
9 the Citv of San Juan Capistrano and the San Juan Capistrano
i0Community Redevelopment Agency which provides for the pass-through of
11', certain tax increments to the County family of funds impacted by the
12 San Juan Capistrano Community Development Project and the Clerk of
1 the Board is directed to execute said agreement ori behalf of this Board;
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BE IT FURTHER RESOLVED that the Clerk of the Board is directed to
send five original executed copies of the Agreement to the City of
San Juan Capistrano.
AYES: SUPERVISORS THOMAS F. RILEY, RALPH B. CLARK, ROGER R. STANTON,
AND HARRIETT M. WIEDER !
?NOES: SUPERVISORS NONE
.BSENT: SUPERVISORS BRUCE NESTANDE
'-` _,esolution No. 84-1071A
-San Juan Ga"pJ. Co:nm.
`_c-developm.Agenc'�j [� Caty of
San Juan Cap -`fax increm.R�mb
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STATE OF CALIFORNIA
) 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 , 1984,
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.
2.
Clerk of,thec,Board of:Supervisors
of Orange County, California
WX
4 UMTY OF
RECEIVED
5 3 RAN G E SEP 14 1113 aM faq
CITY CLrRX
DEPAR7HFhT
C1TY:,c „
JUAN r ; ;
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 COOE 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,
, ct �o_
George A. Rebella
Principal Staff Analyst
GAR:mkp
Enclosures
32400PASEO AOECANTO'
SAN JUAN CAPISTRANO, CALIFORNIA 92675
PHONE 493.1 1 7 Y
August 10, 1984
George A. Rebella
Orange County Administrative Office
10 Civic Center Plaza
Santa Ata, 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,
rn'.y L� e
MARY ANN HANOVER, CMC
City Clerk
MAH/mac
Enclosures
CHHISTOPHCH J. KIATHICH
NANCY $ADEB WHITEHEAD
Ltwn G. FXLDHAN
STLVIA D. "UTSCH
CLAHH H. LIDSNSON
0
STRADLING, YOCCA, CARLSON S: RAUTH
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
660 NEWPORT CENTER DRIVE, SUITE 1600
WELLS FARGO BANK BUILDING
POST OFFICE BOX 7660
NEWPORT BEACH, CALIFORNIA 9E660-6401
TELEPHONE (714) 640-7035
TELECOPIER (714) 640.7332
July 26, 1984
Ms. Mary Ann Hanover
City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Mary Ann:
JOHN E. BHECHENHIDDE
Or COIINAGK-
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.
Very truly yours,
Thomas P. Clark, Jr.
TPC:jm
CC: Steve Julian
32400 PASOADELANTO,'
SAN JUAN' CAPtSTRANO, CALLFORNIA 92675
PNONEI493.1 1 7T
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 Tully executed, we will forward a copy to you for
your records.
Thank you for your cooperation.
Very truly yours,
MARY ANN H OVER, CMC
City Clerk
MAH/mac
Enclosures
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
32400 PASSO. ADHLANTO�
- SAN JUAN CAPtSTRANO. CALIFORNIA 92675
PHONE493.1171
i
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
0
RECESS AND RECONVENE
Council recessed at 8:45 p.m., to convene the San Juan Capistrano
Community Redevelopment Agency, and reconvened at 9:50 p.m.
APPROVAL OF TAX INCREMENT AGREEMENT (COUNTY OF ORANG]
,.�,...�iREDEVELOPMENT AGENCY} Q4tt5l,q
(68) It was moved by Councilman Friess, seconded by Councilman
Buchheim, and unanimously carried to approve the Tax
Increment Agreement between the City, County of Orange, and
the Community Redevelopment Agency.
ADMINISTRATIVE ITEMS
CITY MANAGER
1. PRESENTATION OF 1984-89 FISCAL BUDGET
(24) The City Council received copies of the preliminary 1984-89
Fiscal Budget, and the City Manager made an oral
presentation, stating that an effort has been made to
provide a balanced budget. He noted that positions will be
filled that have been held vacant for budgetary reasons and
that the addition of several positions relating to
implementation of an aggressive economic development program
was recommended. Mayor Hausdorfer noted that public
hearings have been scheduled for budget consideration on
June 12, June 19, and June 16, 1984.
2. FORMATION OF MOBILEHOME PARK AD .HOC COMMITTEE -
(23) Written Communications:
(69) Report dated June 5, 1984, from the Secretary to the
Mobilehome Park Review Committee, advising that Council
clarification and direction was needed in respect to such
items as routine repair and maintenance versus capital
.improvement expenses; utility pass through charges; allowable
versus non -allowable operating expenses; and, several
administrative rules of procedure. The report recommended
appointment of an ad hoc committee due to the detailed
effort required to analyze and report on the issues.
Rick Lund, 26031 Via Arboleda, stated that the policies and
guidelines were necessary and offered his legal services on
the committee. He further suggested inclusion on the
committee of a mobilhome owner and mobilehome park manager.
Councilman Schwartze made an oral report, reiterating
staff's suggestion to appoint the Chairman of the
Mobilehome Park Review Committee and a person with
expertise in accounting, finance, or business management.
He recommended that Robert Cook, President of San Juan
Financial, be included on the ad hoc committee.
-14- 615184
the amount of $7,440. Transfer of $7,000 from the Sewer
Enterprise Fund to Account 07-4770-714 was requested to
accommodate the project; of funds previously budgeted, only
$4,000 remained. The report advised that most of the
equipment had been purchased previously.
Award of Contract:
It was moved by Councilman Buchheim, seconded by Councilman
Friess, and unanimously carried to award the contract fdq!_Iro-•^
the installation of the sewer flow meter/sampler to
Deist-Binsfield, Inc., of Laguna Niguel, in the amount of
$7,440 and to authorize the Mayor and City Clerk to execute
the document on behalf of the City. Transfer of $7,000 from
the Sewer Enterprise Fund was authorized to accommodate the
project.
5. AWARD OF CONTRACT - VEREDA BIKEWAY (GRIFFITH COMPANY) (C62)
(62) Written Communications:
Report dated June 5, 1984, from the Director of Public
Works, forwarding results of bids received for the
construction of the Vereda Bikeway. The report advised that
total cost of the bike trail was estimated at $137,655; that
grant funds from Orange County in the amount of $140,000,
will be received by mid-June, 1984.
Award of Contract:
The Director of Public Works advised that the permit from
Caltrans had not yet beeh received and it was moved by
Councilman Schwartze, seconded by Councilman Friess, and
unanimously carried that upon receipt of the permit from
Caltrans, the contract for the construction of the Vereda
Bikeway be awarded to the Griffith Company, of Santa Ana, in
the amount of $119,700. The Mayor and City Clerk were
authorized to execute the document on behalf of the Citv.
6. APPROVAL OF SPECIFICATIONS AND CALL FOR BIDS - CITY
SEWERLINE MAINTENANCE (38-#433)
(38) Written Communications:
(80) Report dated June 5, 1984, from the Director of Public
Works, advising that the current contract for cleaning and
maintenance of City sewerline facilities will end June 30,
1984, and requesting approval of specifications and a call
for bids. Cost to perform the established annual cleaning
was estimated at $10,000; the expenditure was budgeted in
the Public Works Maintenance Specialized Services Account
01-4440-213.
Aporoval cf Specifications/Call for Bids:
It was moved by Councilman Schwartze, seconded by Councilman
Buchheim,and unanimously carried to approve the
specifications for City Sewerline Maintenance for 1984-85
and to authorize a call for bids.
-13- 6/5/84