Ordinance Number 942ORDINANCE NO. 942
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
COMMUNITY FACILITIES DISTRICT NO. 2008-1 OF THE CITY OF SAN
JUAN CAPISTRANO (VENTANAS BUSINESS CENTER)
WHEREAS, on August 5, 2008, the City Council ("City Council") of the City of
San Juan Capistrano adopted Resolution Nos. 08-09-16-02 and 08-�09-16-03 stating its
intention to form Community Facilities District No. 2008-1 of the City of San Juan
Capistrano (Ventanas Business Center) ("Community Facilities District No. 2008-1")
therein and to incur bonded indebtedness in an aggregate principal amount not to
exceed $7,500,000, all pursuant to the Mello -Roos Community Facilities Act of 1982, as
amended (the "Act"), for the purpose of financing: (1) the purchase, construction,
expansion, improvement or rehabilitation of certain real or other tangible property
described in Appendix "A" hereto and incorporated herein by this reference in lieu of the
payment of related impact fees related to the Ventanas Business Center Project and (2)
payment of acquisition costs of certain real or other tangible property described in
Exhibit "B" to the Resolution of Intention to Establish CFD No. 2008-1 adopted by the
City Council on August 5, 2008 and incorporated herein by this reference, (1) and (2),
collectively, comprising the "Facilities"), which Facilities have a useful life of five years
or longer; and (3) the incidental expenses to be incurred in connection with financing
the Facilities and forming and administering the. District (the "Incidental Expenses"); and
WHEREAS, notice was published as required by law relative to the intention of
the City Council to form proposed Community Facilities District No, 2008-1 to levy a
special tax to pay for the Facilities and Incidental Expenses and to incur bonded
indebtedness; and
WHEREAS, on September 16, 2008, the City Council held a noticed public
hearing, as required by law to determine whether it should proceed with the formation of
Community Facilities District No. 2008-1 and authorize the rate and method of
apportionment of a special tax to be levied within the District for the purpose of paying
for the Facilities, creating or replenishing any necessary reserve funds, paying the
annual costs associated with the bonds proposed to be issued to finance the Facilities,
including, but not limited to, the principal and interest and other periodic costs on bonds
of Community Facilities District No. 2008-1, any remarketing, credit enhancement and
liquidity facility fees and other expenses of the type permitted by Section 53345.3 of the
Act, the costs of forming Community Facilities District No. 2008-1, and the costs of
administering the levy and collection of the special tax and all other administrative costs
of the special tax levy and bond issues; and
WHEREAS, at said public hearing, all persons desiring to be heard on all matters
pertaining to the formation of Community Facilities District No. 2008-1, the levy of a
special tax within the District and the issuance of bonds to pay for the Facilities were
heard and a full and fair hearing was held; and
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WHEREAS, on September, 16, 2008, the City Council adopted Resolution of the
City Council Establishing the District (the "Resolution of Formation") and the Resolution
of the City Council Determining Necessity to Incur Bonded indebtedness (the
"Resolution of Necessity" and, together with the Resolution of Formation, the
"Resolutions Establishing CFD 2008-1") which established Community Facilities District
No. 2008-1, authorized the levy of a special tax within Community Facilities District
No, 2008-1, determined the necessity to incur bonded indebtedness and called an
election within the District for September 16, 2008 on the propositions of levying a
special tax, authorizing the issuance of bonds and establishing an appropriations limit;
and
WHEREAS, on September 16, 2008, an election was held within the District at
which the qualified elector within the District approved by more than a two-thirds vote
the propositions of levying a special tax, authorizing the issuance of bonds and
establishing an appropriations limit as set forth in the Resolutions Establishing CFD
2008-1; and
WHEREAS, on September 16, 2008, the City Council adopted Resolution
certifying the results of the September 16, 2008 election within the District conducted by
the City Clerk, which results showed that more than two-thirds of the votes cast were in
favor of the propositions to levy the special tax, issuing bonds and establishing an
appropriations limit;
NOW, THEREFORE, the City Council of the City of San Juan Capistrano, acting
in its capacity as the legislative body of Community Facilities District No. 2008-1, finds
the above recitals are all true and correct and does ordain as follows:
SECTION 1. Authorization to Levy Special Tax.
By the passage of this Ordinance, the City, Council authorizes the levy of a
special tax within Community Facilities District No. 2008-1 in accordance with the rate
and method of apportionment set forth in Attachment A to the Resolution of Formation
(the "Rate and Method") which is incorporated by reference herein.
The City Council is hereby further authorized to determine, by ordinance, or by
resolution if permitted by then applicable law, the specific special tax to be levied on
each parcel of land within Community Facilities District No. 2008-1. The special tax to
be levied shall not exceed the applicable maximum rate set forth in the Rate and
Method, but the special tax may be levied at a lower rate.
Properties or entities.of the state, federal or other local governments shall be exempt
from the above -referenced and approved special tax only to the extent set forth in the
Rate and Method and otherwise shall be subject to tax consistent with the provisions of
Section 53317.3 of the Act in effect as of the date of adoption of this Ordinance.
All of the collections of the special tax shall be used only as provided for in the Act and
the Resolution of Formation. The special tax shall be levied only so long as needed to
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accomplish the purposes described in the Resolution of Formation, and in any event no
later than permitted pursuant to the Rate and Method.
The special tax shall be collected in the same manner as ordinary ad valorem taxes are
collected and shall be subject to the same penalties and the same procedure and sale
in cases of delinquency as provided for ad valorem taxes as such collection procedure
may be modified by law or this City Council from time to time.
As a cumulative remedy, if debt is outstanding, the City Council may, not later than four
years after the due date of the last installment of principal on the debt, order that any
delinquent special tax as levied in whole or in part for payment of the debt, together with
any penalties, interest and costs accruing under this Ordinance, be collected by an
action brought in the superior court to foreclose the lien of such special tax.
A full reading of this Ordinance is dispensed with prior to its final passage, such reading
having been dispensed with by a majority vote. of the City Council
SECTION 2. Effective Date.
This Ordinance relating to the levy of the special tax shall take effect 30 days
after its final passage in accordance with the provisions of Section 36937 of the
Government Code, and this specific authorization for adoption is pursuant to the
provisions of Section 53340 of the Government Code.
SECTION 3. Certification.
The Mayor, acting on behalf of Community Facilities District No. 2008-1, shall
sign this Ordinance and the City Clerk shall attest to the Mayor's signature and then
cause the same to be published within fifteen (15) days after its passage at least once
in a newspaper- of general circulation published and circulated in the District, or by
posting in three public places in the District, or published in a newspaper of general
circulation printed and published in the County of Orange and circulated in the District.
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 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, APPROVED AND
Im
ATTEST.
MAR ABET R. MONAHAN, CITY CLERK
D thj4 Yto day of October 2008.
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APPENDIX "A"
NAME OF PROPERTY OWNER AND ASSESSOR PARCEL NUMBER
Property Owner. LB/CENTRA TIRADOR, LLC, a Delaware limited liability company.
APN: That tract of property identified as "Tract Map of Ventanas Business Center at
San Juan Capistrano" within Assessor's Parcel Numbers 666-131-07, 666-131-09, 666-
131-13, 666-131-14, 666-131-15 and 666-131-16 in the. County of Orange, Californian
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss'
CITY OF SAN JUAN CAPISTRANO )
1, 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. 942 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 16TH day of September 2008 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 7t" day of October 2008 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Uso, and Mayor Soto
NOES COUNCIL MEI KERS: Mayor pro tem Nielsen
ABSENT:,,CQUNCIL ME B Nbne
T R. MONAHAN, City Clerk
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 10h day of September 2008, at least 5
days prior to October 7, 2008, the date of adoption of the ordinance, I caused to be posted, in
the City Clerk's Office a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2008-1 OF THE CITY OF S h JUAN CAPISTRANO
(VENTANAS BUSINESS CENTER)
I 1
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO)
k'ET R. MONAHAN, CITY CLERK
n Capistrano, California
)
SS AFFIDAVIT OF POSTING
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 8TH day of October 2008 1 caused to be
posted, in the City Clerk's office, a certified copy of Ordinance No. 942, adopted by the City
Council on October 7, 2008 entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2008-1 OF THE CITY OF SAN JUAN CAPISTRANO
(VENTANAS BUSINESS CENTER)
FGARET R. MONAHAN, CITY CLERK
Juan Capistrano, California