Ordinance Number 878ORDINANCE NO. 878
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, REPEALING ORDINANCE NO. 868 AND
AN IMPLEMENTATION AGREEMENT BETWEEN THE CITY OF SAN
JUAN CAPISTRANO AND PUEBLO SERRA, LLC. (JSERRA)
Whereas, J Serra Initiative petitioners filed the "J Serra Education Initiative' with
the City Clerk on July 2, 2002, and
Whereas, the City Clerk duly certified the petition as containing the requisite
number of signatures to qualify for a special election, and
Whereas, the City Council on October 15, 2002 determined to adopt the initiative
pursuant to Elections Code section 9214, and
Whereas, the City Council also adopted an implementation agreement between
Pueblo Serra, LLC and the City on October 15, 2002, and
Whereas, a legal action was filed in the matter of NASSEPA, et al v. City of San
Juan Capistrano, Case No. 02CC17433 contesting the validity of the above stated
approvals, and
Whereas, the trial court in NASSEPA v. City of San Juan Capistrano issued a
ruling and judgment on April 28, 2003 ordering that the approvals associated with the
adoption of Ordinance 868 be set aside, and
Whereas, the City Council has conducted its first available meeting on May 19,
2003 to consider the effect of the trial court ruling as to the status of the J Serra Initiative
Now, Therefore, the City Council of the City of San Juan Capistrano hereby
ordains as follows:
Section 1. Ordinance No. 868 is hereby repealed.
Section 2. The implementation agreement dated October 15, 2002 between the
City of San Juan Capistrano and Pueblo Serra, LLC is hereby repealed.
Section 4. The City Clerk shall certify to the adoption of this Ordinance cause
to be published a summary of this of this Ordinance and a certified copy of the text of
this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the
date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and shall post a
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certified copy of this Ordinance, together with the vote for and against the same, in the
Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 19`h day of May 2003.
Attest:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 878 which was
adopted and passed at an Adjourned Regular Meeting of the City Council on the 19`h day of
May 2003 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Swerdlin, Soto and Mayor Gelff
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
CEO
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