Ordinance Number 756175
ORDINANCE NO. 756
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AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING AN AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE SAN JUAN CAPISTRANO CENTRAL
REDEVELOPMENT PROJECT AREA TO COMPLY WITH CERTAIN TIME
LMTS SPECIFIED IN ASSEMBLY BILL 1290
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 Redevelopment 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 established
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 ordinance is to amend the Redevelopment Plan for
the Central Redevelopment 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
Bill 1290 must be amended by ordinance, on or before December 31, 1994, to bring the
Redevelopment Plan into conformity with these requirements. This ordinance is enacted by Assembly
Bill 1290 as mandated by and in accordance with Section 33333.6 of the Health and Safety Code;
and,
WHEREAS, the time limit on the effectiveness of the Redevelopment Plan was
amended by Ordinance No. 509 on May 15, 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.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
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The time limit on Redevelopment Plan activities shall be amended to reflect a new
termination date of July 12, 2023. Section IX 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."
SECTION 2.
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."
SECTION 3.
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 XI 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."
Agency.
SECTION 4.
The City Clerk is hereby directed to send a certified copy of this ordinance to the
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SECTION 5. Severability.
If any part of this Ordinance is held to be invalid for any reason, such decision shall
not affect the validity of the remaining portion of this Ordinance, and this City Council hereby
declares that it would have passed the remainder of this Ordinance, if such invalid portion thereof has
been declared.
SECTION 6. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 7. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be published once as required by law and posted at the duly designated posting places within the City
of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 6th day of
December 1994.
011enetampbell MAYOR
ATTEST:
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CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.
756 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on November 1 Stb , 1994, and adopted at a meeting
held on December 6th 1994, by the following vote:
AYES: Council Members Jones, 11ausdorfer, Nash, Vasquez and
Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) /
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CHERYL JOHMMACITY CLERK
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