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SA-3 - RESO - REFUNDING BONDS
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10/02/2018
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SA-3 - RESO - REFUNDING BONDS
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Last modified
9/27/2018 2:45:16 PM
Creation date
9/27/2018 2:32:05 PM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
SA-3
Date
10/2/2018
Destruction Year
2023
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Assessment Appeals. Property taxable values may be reduced as a result of a successful appeal of the <br />taxable value determined by the county assessor. An appeal may result in a reduction to the county assessor's <br />original taxable value and a tax refund to the applicant property owner. A reduction in taxable values within the <br />Project Area and the refund of taxes which may arise out of successful appeals by property owners will affect <br />the amount of Tax Revenues under the Indenture. The Successor Agency has in the past experienced reductions <br />in its tax increment revenues as a result of assessment appeals. The actual impact to tax increment is dependent <br />upon the actual revised value of assessments resulting from values determined by the Orange County <br />Assessment Appeals Board or through litigation and the ultimate timing of successful appeals. For a discussion <br />of historical assessment appeals in the Project Area and summary information regarding pending and resolved <br />assessment appeals for the Successor Agency, see "THE PROJECT AREA — Assessment Appeals" and <br />APPENDIX C - "REPORT OF FISCAL CONSULTANT." <br />Redevelopment Plan Limitations. In 1994, the California legislature made significant changes in the <br />Redevelopment Law by the adoption of AB 1290, Chapter 942, statutes of 1993 "AB 1290"). I£ a new <br />redevelopment project was formed by a redevelopment plan adopted on or after January 1, 1994 or if new <br />territory was added to a redevelopment project on or after January 1, 1994, under Section 33607.5 of the <br />Redevelopment Law, any affected taxing entity, including the City, would share in the Tax Revenues generated <br />by such added area pursuant to a statutory formula ("Statutory Tax Sharing"). For a further discussion of AB <br />1290 see "THE PROJECT AREA — Tax Sharing Payments." <br />In addition, with respect to redevelopment projects formed by adoption of a redevelopment plan prior to <br />January 1, 1994, if the Former Agency deleted the time limit to incur indebtedness in a redevelopment project <br />(pursuant to Section 33333.6(e) of the Redevelopment Law, as amended pursuant to SB 211) or increased the <br />total amount of Tax Revenues to be allocated to the project area or increased the duration of the Redevelopment <br />Plan and the period for receipt of Tax Revenues, Statutory Tax Sharing is required under Section 33607.7 of the <br />Redevelopment Law with all affected Taxing Agencies not already a party to a tax sharing agreement, once the <br />original limitations were reached. <br />SB 107 clarifies that former tax increment limits set forth in redevelopment plans such as the <br />Redevelopment Plan no longer apply for purposes of paying approved enforceable obligations such as the <br />Bonds. <br />Administrative Costs. In 1990, the Legislature enacted SB 2557 (Chapter 466, Statutes of 1990) which <br />allows counties to charge for the cost of assessing, collecting and allocating property tax revenues to local <br />government jurisdictions on a prorated basis. SB 1559 (Chapter 697, Statutes of 1992) explicitly includes <br />redevelopment agencies among the jurisdictions which are subject to such charges. In addition, Sections <br />34182(e) and 34183(a) of the Dissolution Act allow administrative costs of the County Auditor -Controller for <br />the cost of administering the provisions of the Dissolution Act, as well as the foregoing SB 1559 amounts, to be <br />deducted from property tax revenues before moneys are deposited into the RPTTF. For Fiscal Year 2017/18, the <br />County administrative fees charged to the Project Area including administration of the RPTTF were $530,235. <br />In total, the fees represent approximately 0.77% of gross Tax Revenues. <br />THE SUCCESSOR AGENCY <br />Government Organization <br />The Former Agency was established by the City Council in 1973 pursuant to the Redevelopment Law. <br />On June 28, 2011, AB X1 26 was enacted, together with a companion bill, AB XI 27. A lawsuit was brought in <br />the California Supreme Court, California Redevelopment Association, et al. v. Matosantos, et al., 53 Cal. 4th <br />231 (Cal. Dec. 29, 2011), challenging the constitutionality of AB XI 26 and AB Xl 27. In its December 29, <br />2011 decision, the California Supreme Court largely upheld AB X1 26, invalidated AB XI 27, and held that AB <br />XI 26 may be severed from AB XI 27 and enforced independently. As a result of AB XI 26 and the decision of <br />the California Supreme Court in the California Redevelopment Association case, as of February 1, 2012, all <br />22 <br />SA -3-36 <br />
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