Ordinance Number 949 ORDINANCE NO. 949
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 883
TO CLARIFY ITS APPLICATION TO THE ENTIRE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA
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 City has amended the Redevelopment
Plan to eliminate the deadline on incurring indebtedness; however, the language of
Ordinance No. 883 is ambiguous as to whether Ordinance No. 883 was intended to
amend the entire Central Project Area or only the Original Area; and
WHEREAS, by this Ordinance, the City Council of the City hereby amends and
clarifies Ordinance No. 883 to provide that such Ordinance was intended to eliminate
the time to incur indebtedness within the entire Central Project Area, including the
Original Area, Central 84-1, and Central 86-1.
Page 1 of 3 12/2/2008
NOW, THEREFORE, the City Council of the City of San Juan Capistrano
does ordain as follows:
Section 1. Ordinance No. 883 is hereby amended and clarified to provide that
the time to incur indebtedness within the entire Central Project Area is eliminated.
Section 2. The Mayor 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 City, or by posting in three public places in the City.
Section 3. 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 4. This Ordinance shall take effect and be in force on the thirtieth
(30"') day from and after its passage.
PASSED, APPROVED AND ADOPTED this 2nd day of December 2008.
MARK KIEL EN, MAYOR
ATTEST:
MARGARET R. MONAHAN, CITY CLERK
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. 949 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 18TH day of November 2008 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 2nd day of December 2008 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Freese, Uso, and Mayor Nielsen
NOES COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS: None
r
ARET R. MONAHAN, City Clerk
Page 2 of 3 12/2/2008
STATE OF CALIFORNIA
COUNTY OF ORANGE } ss AFFIDAVIT OF POSTING
CITY OF SAN .YUAN CAPISTRANO )
I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Cleric 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 15'h day of November 2008, at least 5
days prior to December 2, 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:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 883
TO CLARIFY ITS APPLICATION TO THE ENTIRE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA
rRETONAHAN, CITY CLERK
ano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
1, 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 3d day of December 2008 1 caused to
be posted, in the City Clerk's office, a certified copy of Ordinance No. 948, adopted by the City
Council on December 2, 2008 entitled:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING ORDINANCE NO. 883
TO CLARIFY ITS APPLICATION TO THE ENTIRE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA
*RGARET R. MONAHAN, CITY CLERK
apistrano, California
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