Ordinance Number 932I
ORDINANCE NO. 932
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT
INCREASING THE DURATION OF THE REDEVELOPMENT PLAN FOR
THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT
PROJECT AREA
WHEREAS, the City Council of the City of San Juan Capistrano, California (the
"City Council"), adopted Ordinance No. 488, approving and adopting the redevelopment
plan for the Central Redevelopment Project (the "Project"), and by Ordinance No. 509
approved and amendment thereto (the "1984 Amendment"), and by Ordinance No. 547
approved and amendment thereto (the "1986 Amendment"), and by Ordinance No. 756
approved thereto (the "AB 1290 Ordinance") and by Ordinance No. 883 approved
thereto (the "SB 53 Ordinance"); and,
WHEREAS, the San Juan Capistrano Community Redevelopment Agency (the
"Agency"), has been designated as the official redevelopment agency in the City San
Juan Capistrano, California (the "City") 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(the "Redevelopment
Plan") for the San Juan Capistrano Central Redevelopment Project Area (the "Project
Area"); and,
WHEREAS, Section 33681.9 of the Health and Safety Code was added by SB
1045 which took effect in 2003, required the Agency during the 2003-04 fiscal year to
make a payment for deposit in Orange County's Educational Revenue Augmentation
Fund (ERAF); and,
WHEREAS, Section 33333.2 (c) of the Health and Safety Code was amended by
SB 1045 to provide that when an Agency is required to make a payment pursuant to
Section 33681.9 the legislative body may amend the Redevelopment Plan to extend by
one year the time limit of the effectiveness of the plan and the time limit to repay
indebtedness or receive tax increment; and,
WHEREAS, Section 33681.9 of the Health and Safety Code was added by SB
1096 which took effect in 2004, required the Agency in fiscal year 2004-05 and 2005-06
to make a payment for deposit in Orange County's ERAF; and
WHEREAS, Section 33333.6 of the Health and Safety Code was amended by
SB 1096 to provide that when an Agency is required to make a payment pursuant to
Section 33681.9 the legislative body may amend the Redevelopment Plan to extend by
' one year for each year an ERAF payment is made; and,
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WHEREAS, The City has completed all necessary payments to the Orange _
County's ERAF for fiscal years 2003-04, 2004-05, and 2005-06.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The time limit on the effectiveness of the Redevelopment Plan, as
set forth in Section 900 of the Redevelopment Plan, which has been amended
from time -to -time shall be amended to read as follows: ..."forty-three (43) years
from the date of adoption of this plan by the City Council." Based upon the date
of adoption of the Redevelopment Plan, the effectiveness of the Redevelopment
Plan shall terminate on July 12, 2026.
Section 2. The Agency shall not pay indebtedness or receive property taxes
pursuant to Health and Safety Code section 33670 after ten (10) years from the
termination of the Redevelopment Plan effectiveness. Based upon the
Redevelopment Plan effectiveness date aforementioned, the Agency shall not
pay indebtedness or receive property taxes pursuant to section 33670 after July
12, 2036.
Section 3. Except with respect to the amendments set forth herein, the
Redevelopment Plan, as amended, shall remain unchanged, an din full force and
effect in accordance with its terms.
Section 4. The City Clerk in hereby directed to send a certified copy of this
Ordinance to the Agency.
Section 5. 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 had been deleted.
Section 6. The City Clerk will certify to the adoption of this Ordinance and
cause the same to be posted at the duly designated posting places within the
City and published once within fifteen (15) days after the passage and adoption
as required by law; or in the alternative, the City Clerk may cause to be published
a summary 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
certified copy of this Ordinance, together with the vote for and against the same,
in the office of the City Clerk.
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Section 7. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required bylaw; or,
in the alternative, the City Clerk may cause to be published a summary 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 certified copy of
this Ordinance, together with the vote for and against the same, in the Office of
the City Clerk.
PASSED, APPROVE AND
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
) ss.
of December, 2007.
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. 932 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 4th day of December 2007 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 18th day of December 2007 by the
following vote, to wit:
NCIL MEMBERS: Hribar, Uso, and Mayor Soto
NCIL MEMBERS: None
NCIL MEMBERS: Allevato, Nielsen
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declares as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on
the 13`" day of December, 2007, at least 5 days prior to December 18, 2007, the date of
adoption of the ordinance, I caused to be posted a certified copy of the proposed Ordinance
entitled:
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTING AN AMENDMENT INCREASING THE
DURATION OF THE REDEVELOPMENT LAN FOR THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPME RO CT AREA
This document was posted in the Office of the
San Juan
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California. On the 19T" day of December 2007 1 caused
to be posted a certified copy of Ordinance No. 932, adopted by the City Council on December
18, 2007 entitled:
ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING AND ADOPTINGAN AMWPP-T
INCREASING THE
DURATION OF THE REDEVELOPMENT OR THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPME AREA
This document was posted in the Office of the
MARGAgE7 R. M1AHAN; CI CLERK
San Juan Capistra Californi