Resolution Number CRA 94-11-15-2151
RESOLUTION NO. CRA 94-11-15-2
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A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, APPROVING AND ADOPTING AN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA
WHEREAS, the City Council of the City of San Juan Capistrano adopted Ordinance
No. 488 on July 12, 1983, approving and adopting the Redevelopment Plan for the San Juan
Capistrano Central Project Area; and,
WHEREAS, the San Juan Capistrano Redevelopment Agency (the "Agency") has
been designated as the official Redevelopment Agency to carry out the functions and requirements
of the Community Redevelopment Law of the State of California (Health and Safety Code Section
33000, et seq.) and to implement the Redevelopment Plan; and,
WHEREAS, Section 33333.6 of the Community Redevelopment Law establishes
certain limitations on the duration of redevelopment plans, on incurring indebtedness, and repayment
of indebtedness, which limitations apply to every redevelopment plan adopted on or before
December 31, 1993; and,
WHEREAS, the purpose of this resolution is to approve the amendment to the
Redevelopment Plan for the Central Project Area to incorporate time limits mandated by Assembly
Bill 1290 (Chapter 942 of 1993). Assembly Bill 1290 requires that a redevelopment plan which lacks
the required time limits or which contains time limits in excess of the maximum established by
Assembly 1290 must be amended by ordinance, on or before December 31, 11994, to bring the
Redevelopment Plan into conformity with these requirements. This ordinance is to be enacted and
in accordance with Section 33333.6 of the Health and Safety Code as mandated by Assembly Bill
1290; and,
WHEREAS, the time limit on the effectiveness of the Redevelopment Plan was
amended by Ordinance No. 509 on May 14, 1984, to increase the life of the Redevelopment Plan
from 35 to 45 years and now must be amended to reflect the new deadline of 40 years, or July 12,
2023; and,
WHEREAS, the deadline for incurring debt under the existing Redevelopment Plan
is 25 years from the date the Redevelopment Plan was adopted and must be amended to reflect the
new deadline of 20 years, or July 12, 2003; and,
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WHEREAS, a deadline for the repayment of indebtedness must be established which
is 10 years after the completion of Redevelopment Plan activities or 50 years from Redevelopment
Plan adoption, which would be July 12, 2033; and,
WHEREAS, the incorporation into the San Juan Capistrano Redevelopment Plan of
the time limits set forth in Section 33333.6 of the Health and Safety Code is mandated by law and is
therefore not a discretionary act of the City; accordingly, this action does not constitute a "project"
within the meaning of the California Environmental Quality Act (Public Resources Code Section
21000 et seq.) and is not subject to environmental review.
NOW, THEREFORE, BE IT RESOLVED, by the San Juan Capistrano Community
Redevelopment Agency Board of Directors, City of San Juan Capistrano, California, as follows:
The time limit on Redevelopment Plan activities shall be amended to reflect a new
termination date of July 12, 2023. Section DC of the Redevelopment Plan is hereby amended to read:
"Except for the non-discrimination and non -segregation provisions which shall run in perpetuity, the
provisions of this Plan shall be effective and the provisions of other documents formulated pursuant
to this Plan may be effective for 40 years from the date of adoption of this Plan by the City Council."
The time limit on establishing loans, advances and indebtedness shall be amended to
reflect a new termination date of July 12, 2003, Section VI.B as set forth in the second to the last
paragraph of Section VI.B is hereby amended to read: "No loan advance or indebtedness to be repaid
from such allocations of taxes established or incurred by the Agency to finance in whole or in part
the Redevelopment Project shall be established or incurred after 20 years following the date of
adoption of the ordinance approving and adopting this Redevelopment Plan."
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The time limit on the repayment of debt, Section 33333.6(c) directs that this limit must
be 10 years after the completion of Redevelopment Plan activities. Since no previous time limit was
incorporated into the Redevelopment Plan, a new Section M is added which reads: "The Agency
shall not pay indebtedness or receive property taxes pursuant to Section 33670 after 10 years from
the termination of the effectiveness of the Redevelopment Plan. Based upon the termination date set
forth in the Redevelopment Plan, the Agency shall not pay indebtedness or receive property taxes
after July 12, 2033, except as otherwise specifically permitted under Health and Safety Code Section
33333.6."
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The amendments shall be in full force 30 days after their adoption as an Ordinance,
and within 15 days of their adoption as an Ordinance, shall be published at least once in a newspaper
of general circulation published and circulated in the City of San Juan Capistrano.
November
ATTEST:
PASSED, APPROVED, AND ADOPTED this
. 1994.
CAROLYN 9ASKCHAU MAN
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
15th
day of
I, CHERYL JOHNSON, Agency Secretary of the San Juan Capistrano Community
Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. CRA 94-11-15-2 adopted by the San Juan Capistrano Community
Redevelopment Agency Board of Directors at a regular meeting thereof held on the 15th day
of November , 1994, by the following vote:
AYES: Directors liausdorfer, Campbell and Chairman Nash
NOES: Nonc
ABSTAIN: Director Jones
ABSENT: Director Vasquez
(SEAL) 9"
CHERYL JOANSM, AGENCY SEC TARY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, declare as follows:
That I am the duly appointed and qualified Secretary of the San Juan Capistrano
Community Redevelopment Agency;
That in compliance with State laws of the State of California and in further compliance
with CRA Resolution No. CRA 83-12-20-1 and on the 17th day of November
1994, I caused to be posted:
RESOLUTION NO. CRA 94-11-15-2 being
ILI) Wo 1315 11
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, APPROVING AND ADOPTING AN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station
Recreation Complex; Orange County Public Library.
�j CI-IECK LIST
RES. NO. CRA
Chairman has signed
5- Secretary has signed
—-�' Agency Seal stamped
All blanks tyr
"Absent"
"Noes"
"Abstain"
Copies sent to
Legal Publication ordered to be published
(da te)
No. Printed copies required
Remarks
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Cheryl Johnson, cy Secretary
San Juan Capistrano Community
Redevelopment Agency
San Juan Capistrano, California