Resolution Number 08-11-18-01RESOLUTION NO. 08-11-18-01
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ELECTING TO RECEIVE A
SHARE OF TAX INCREMENT ALLOCATED UNDER THE SAN
JUAN CAPISTRANO REDEVELOPMENT PLAN PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33607.7
WHEREAS, the San Juan Capistrano Redevelopment Agency (the "Agency')
was established pursuant to the California Community Redevelopment Law
(the "Redevelopment Law" or the "CRL"), codified in Part 1 of Division 24 of the
California Health and Safety Code. The Agency was activated on July 12, 1983, by
Ordinance No. 488 of the City Council of the City of San Juan Capistrano (the "City").
The Project Area consists of three component areas resulting from a series of actions
by the City Council of the City, and includes those redevelopment projects and project
areas known as San Juan Capistrano Central Redevelopment Project Area ("Central
Project Area") as follows: (i) that area included as the project area of Central Project
Area as approved by Ordinance No. 488 adopted by the City Council of the City on
July 12, 1983 (the "Original Area"); (ii) that area added to the Original Area by
Amendment 84-1 ("Central 84-1") as approved by Ordinance No. 547 adopted by the
City Council of the City on July 16, 1985; and (iii) that area added to the Original Area
and Central 84-1 by Amendment 86-1 ("Central 86-1") as approved by Ordinance No.
' 582 adopted by the City Council of the City on August 19, 1986; and
WHEREAS, CRL Section 33333.6(e)(2) was amended by the California
legislature in 2001, effective January 1, 2002, to provide that as to redevelopment plans
originally adopted prior to January 1, 1994, the legislative body of an agency (City
Council) may enact an ordinance eliminating the deadline on incurring indebtedness
formerly required by CRL Section 33333.6, and to further provide that such ordinance
may be adopted without compliance with CRL Section 33354.6 or Article 12 of the CRL,
except that the redevelopment agency must begin making certain payments of portions
of the Agency's tax increment to affected taxing entities required by CRL Section
33607.7 commencing from the date the applicable redevelopment plan reaches the
previously existing deadline to incur debt; and
WHEREAS, by Ordinance No. 883 (the "SB 211 Ordinance" or the "SB 211
Amendment'), the City has amended the Redevelopment Plan to eliminate the deadline
on incurring indebtedness (the "Deadline") with respect to the entire Central Project
Area, pursuant to California Health and Safety Code Section 33333.6; and
WHEREAS, California Health and Safety Code Section 33607.7 requires that
with respect to any redevelopment plan amended pursuant to Section 33333.6, the
redevelopment agency administering such plan amendment shall make certain
' payments of portions of the tax increment generated within the project area or areas as
to which such Deadline has been eliminated to affected taxing entities, including the
community, to the extent the community elects to receive such tax increment; and
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WHEREAS, the City Council may, by resolution, elect to receive a share of the
tax increment as authorized by Health and Safety Code Sections 33607.7 and
33607.5(b), net of amounts required by the Redevelopment Law to be deposited into
the Agency's Low and Moderate Income Housing Fund, based upon the pro rata share
of property taxes which would have been allocable to the City but for adoption of the
Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano:
Section 1. The City Council elects to receive its prorated share of the tax
increment from the entire Central Project Area as authorized by California Health and
Safety Code Sections 33607.7 and 33607.5(b).
Section 2. The Mayor shall sign this resolution and the City Clerk shall attest
and certify to the passage and adoption thereof.
Section 3. The City Clerk shall transmit a copy of this resolution to the Agency
and to the County Auditor -Controller.
PASSED, APPROVED, AND
JOE
ATTEST:
MAR RET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
of November 2008.
MAYOR
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 08-11-18-01 was duly adopted by the City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 18`" day of November 2008, by the following vote:
AYES: Hribar, Uso, Nielsen and Mayor Soto
None
Allevato
COUNCIL MEMBERS:
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COUNCIL MEMBER:
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