Ordinance Number 1083ORDINANCE NO. 1083
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DISSOLVING
COMMUNITY FACILITIES DISTRICT NO. 2008-1 OF THE CITY
OF SAN JUAN CAPISTRANO (VENTANAS BUSINESS
CENTER) AND ORDERING THE RECORDATION OF A NOTICE
OF CESSATION OF SPECIAL TAX LIEN RELATED TO SUCH
DISTRICT
WHEREAS, on August 5, 2008, the City Council of the City of San Juan Capistrano
("City") initiated proceedings pursuant to the Mello -Roos Community Facilities Act of
1982, as amended ("Mello -Roos Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5,
commencing at section 53111 of the California Government Code, to (i) form a community
facilities district designated as Community Facilities District No. 2008-1 (Ventanas
Business Center) ("CFD No. 2008-1") that encompassed certain real property located
within the City and identified as Assessor Parcel Numbers 666-131-07, 666-131-09, 666-
131-13, 666-131-14, 666-131-15 and 666-131-16 (the "Property"); and to (ii) incur bonded
indebtedness in an aggregate principal amount not to exceed $7,500,000, all pursuant to
the Mello -Roos Act, for the purpose of financing: (1) the purchase, construction,
expansion, improvement or rehabilitation of certain real or other tangible property
described in Exhibit "B" to the Resolution of Intention to Establish CFD No. 2008-1 (the
"Resolution of Intention") adopted by the City Council on August 5, 2008, 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 the Resolution of Intention, ((1) and (2),
collectively, comprising the "Facilities"), 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, 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 CFD No. 2008-1, authorized the levy of a
special tax within CFD 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, the election was held within the District at
which the qualified elector within the CFD No. 2008-1 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 No.
2008-1; and
WHEREAS, on September 16, 2008, the City Council adopted a Resolution
certifying the results of the September 16, 2008, election within CFD No. 2008-1
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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; and
WHEREAS, on October 7, 2008, the City Council of the City adopted Ordinance
No. 942 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) (the "Ordinance"); and
WHEREAS, a Notice of Special Tax Lien was recorded on September 22, 2008,
as Document No. 2008000442740 (the "Notice of Special Tax Lien") in the office of the
Assessor, County Clerk and Recorder of the County of Orange against the property within
CFD No. 2008-1 imposing a lien on such property to secure the payment of the special
taxes levied within CFD No. 2008-1; and
WHEREAS, the current owner of the property no longer desires to issue Bonds or
levy special taxes to finance the Facilities and has requested that the City Council
undertake proceedings pursuant to the Mello -Roos Act to dissolve CFD No. 2008-1; and
WHEREAS, no Bonds have been issued for CFD No. 2008-1; and
WHEREAS, inasmuch as the Bonds have not been issued, CFD No. 2008-1 has
no authorization to levy any special taxes pursuant to the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council hereby finds and determines that:
A. CFD No. 2008-1 is not obligated to pay any outstanding debt; and
B. CFD No. 2008-1 has no authorization to levy any special tax.
Section 2. Dissolution.
A. The City Council hereby dissolves CFD No. 2008-1 pursuant to
Government Code Section 53338.5.
B. The City Council hereby orders the City Clerk to file or cause the
filing of a Notice of Cessation of Special Tax Lien which shall state that CFD No.
2008-1 and all associated liens have been dissolved.
C. Ordinance No. 942 is hereby repealed and shall be of no further legal
force or effect.
Section 3. Effective Date. This Ordinance shall become effective thirty (30)
days from and after its adoption.
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Section 4. Severability. If any part of this Ordinance is held 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 5. Adoption. The City Clerk shall certify to the adoption of this
Ordinance, publish a summary of this Ordinance and post a certified copy of the full
Ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the
proposed Ordinance; and within fifteen (15) days after the adoption of the Ordinance, the
City Clerk shall publish a summary of the Ordinance with the names of the council
members voting for and against the Ordinance.
PASSED, APPROVED AND ADOPTED this 2nd day of February 2021.
JOHN YLOR, MAYOR
ATTEST:
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MARIAF:RI I CL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that
the foregoing is a true and correct copy of Ordinance No. 1083 which was regularly
introduced and placed upon its first reading at the Regular Meeting of the City Council on
the 19th day of January 2021 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 2nd day of February 2021 by the
following vote, to wit:
AYES. COUNCIL MEMBERS: Bourne, Farias, Hart and Mayor Taylor
NOES COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Mayor Pro Tem Reeve
RFt1S,1C1TY CLE
3 01083
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, 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 20th day of January 2021, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DISSOLVING OMMUNITY FACILITIES DISTRICT
NO. 2008-1 OF THE CITY OF SAN JUAN A ISTRANO (VENTANAS BUSINESS
CENTER) AND ORDERING THE RECORD Ti F A NOTICE OF CESSATION
OF SPECIAL TAX LIEN RELATED TO SUC JICT
This document was posted in the Office of the
San
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
�TRRIS, CITY CLIr
n Capistrano, Califo pia
AFFIDAVIT OF POSTING
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 3rd day of February 2021, 1 caused to be posted a certified copy of Ordinance No.
1083, adopted by the City Council on February 2, 2021, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, DISSOLVING COMMUNITY
FACILITIES DISTRICT NO. 2008-1 OF THE CITY OF SAN JUAN CAPISTRANO
(VENTANAS BUSINESS CENTER) AND OfADERIN THE RECORDATION OF
A NOTICE OF CESSATION OF SPECIA TVC L[I N RELATED TO SUCH
DISTRICT I i 1
This document was posted in the Office of the
MARIA M
San Juan
RIS, CITY CLERIC
pistrano, California
4 01083