21-1028_R&H LAND PARTNERS_Affidavit of PublishingCapistrano Valley News
1771 S. Lewis Street
Anaheim, CA 92805
714-796-2209
5190473
SAN JUAN CAP CITY CLERK
32400 PASEO ADELANTO
CITY CLERK
SAN JUAN CAPISTRANO, CA 92675-3603
FILE NO. 21-1028 Calle Arroyo NOI
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, l
Jy SS.
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above entitled matter. I
am the principal clerk of the Capistrano Valley News, a
newspaper that has been adjudged to be a newspaper of
general circulation by the Superior Court of the County of
Orange, State of California, on June 7, 1984, Case No.
A-122949 in and for the City of San Juan Capistrano,
County of Orange, State of California; that the notice, of
which the annexed is a true printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on the
following dates, to wit:
1012812021
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: October 28, 2021.
Signature
,.Lc1-1W1v16
PROOF OF PUBLICATION
Legal No. 0011496117
City of San Juan Capistrano Public Notice
RESOLUTION NO. 21-10-19-03
of
WHEREAS, the City has no use for the Property and desires to sell the Property by
entering into a Purchase and Sale Agreement ("PSA") with R&H Land Partners, LLC, a
California limited liability company ("Purchaser"); and
WHEREAS, California Government Code Section 54220 el sea. (the "Surplus Land
Act") requires that Prior to the disposal of any surplus land, unless an exemption applies, a
local agency must provide notice to, among others, affordable housing developers, and
thereafter negotiate in good faith for ninety (90) days With any Parties Who submit o notice
of interest; and
WHEREAS, California Government Code Sections 37420 through 37,130 outhorize the
City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides thatwhen the legls.
lative body of a city finds that the public Interest and convenience require the sale of public
buildings and sites, it must adopt a resolution so finding and giving notice of its Intention to
sell such property) and
WHEREAS, California Government Cade Section 37422 provides that such resolution
shall fix a time for hearing protests to the property conveyance, provide for publication of
notice of the hearing, fix the time when the City will take final action regarding the property
conveyance; and contain an accurate description of the property to be conveyed; and
WHEREAS, the City wishes to declare its Intent to dispose of and convey the Property
pursuant to the terms of the PSA, fix a time for the hearing of any protests to the
disposition, provide for Publication of the notice of said hearing, and fix the time for final
action on the disposition of the Property and approval of the PSA.
WHEREAS, the City Council's consideration of the PSA is categorically exempt from
environmental review pursuant to a Class 12 categorical exemption for surplus government
property soles (14 Cal, Cade Regs., § 15312); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPIS-
TRANO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
5_E_CS1ON_1- Incorporation of -Recitals- The foregoing recitals are true and Correct and are
incorporated herein and made on operative Part of this Resolution.
,1PI-IL15116
SECTJ_0N_6. eublication_ond_Posting. In compliance with California Government
Code Section 37423, the City Council of the City hereby directs City staff to publish this
resolution at least once in a daily newspaper prior to November 2, 2021, and to Post this
Resolution for not less than ten (10) days in at least three (3) conspicuous Plates upon the
Property Prior to November 2, 2021.
SECILON7.. Notice-of-Exemption. The City Council hereby directs staff to prepare,
execute and file with the Orange County Clerk a Notice of Exemption within five working
days of the approval of the PSA.
SECTION 8. Sev_erablllty. If any Provision of this Resolution is held invalid, the
mr of
reaindethis Resolution shall not be affected by such Invalidity, and the provisions of
this Resolution are severable.
SECTION 9. Effective Dote. This Resolution shall become effective immediately upon
its adoption.
The City Clerk of the City of San Juan Capistrano shall certify as to the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED this 19th day of October 2021.
AYES: COUNCIL MEMBERS: HART, REEVE, FARIAS, BOURNE, AND MAYOR
TAYLOR
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
9�xhit2t,5 to Me resolution are available at the Office of the City Clerk, please e-mail
CIBC eIK(gSalljaUtlCOp sirano_Or9 .
Published Capistrano Valley News Oct. 28, 2021 11496117
cLPI.1WMIG 3