Ordinance Number 883ORDINANCE NO. 883
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ELIMINATING THE TIME LIMIT ON
ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS
WITH RESPECT TO THE SAN JUAN CAPISTRANO REDEVELOPMENT
PLAN
WHEREAS, the City Council ("City Council") of the City of San Juan Capistrano
("City") adopted Ordinance No. 488 establishing the Redevelopment Plan for the San
Juan Capistrano Central Redevelopment Project (the 'Redevelopment Project") on July
12, 1983, 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, CRL Section 33333.6(e)(2) was amended in 2001, effective January
1, 2002, to provide that as to redevelopment plans originally adopted before January 1,
1994, the legislative body of an agency (the City Council) may enact an ordinance
eliminating the deadline on incurring indebtedness formerly required by Section 33333.6
of the CRL, 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 make the payments to affected taxing entities required by
CRL Section 33607.7 from the date the redevelopment plan reaches the previously
existing deadline to incur debt; and
WHEREAS, the deadline for incurring debt under the existing Redevelopment
Plan, July 12, 2003; and the Agency has proposed that the Redevelopment Plan be
amended for the purpose of eliminating that time limit as authorized by CRL Section
33333.6(e)(2).
WHEREAS, the enactment of this Ordinance is exempt from the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA")
pursuant to CEQA Guidelines Section 15378(b)(4) (California Code of Regulations
Section 15378(b)(4)) because it is a fiscal activity which does not involve any
commitment to any specific project which may result in a potentially significant physical
impact on the environment.
NOW THEREFORE, the City Council of the City of San Juan Capistrano hereby
ordains as follows:
1 07-15-2003
SECTION 1. The Redevelopment Plan for the Central Redevelopment Project
Area is hereby amended to eliminate the existing July 12, 2003, time limit for the
Agency to establish or incur loans, advances or indebtedness to finance the
project.
SECTION 2. The City Clerk is hereby directed to cause this ordinance to be
published in a manner and time required by law.
SECTION 3. The City Clerk is hereby authorized to file a Notice of Exemption
with the County of Orange pursuant to CEQA Guidelines Section 15094, and to
send a certified copy to the Agency, where upon the Agency is vested with the
responsibility for carrying out the Redevelopment Plan as amended by this
ordinance.
SECTION 4. Except with respect to the amendments set forth herein, the
Redevelopment Plan, as amended, shall remain unchanged, and in full force and
effect in accordance with its terms.
SECTION 5. The amendment to the Redevelopment Plan approved and adopted
in this ordinance is not a project subject to the California Environmental Quality
Act (Public Resources Code Section 2100, et seq).
SECTION 6. 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 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.
PASSED, APPROVED AND ADOPTED this 15th day of July 2003.
ATTEST:
R. Monahan, City Clerk
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ayor
07-15-2003
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
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. 883 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 1s` day of July 2003 and that thereafter, said Ordinance was duly adopted and passed at
the Regular Meeting of the City Council on the 15`h day of July 2003 by the following vote, to wit:
AYES:
COUNCIL MEMBERS:
Hart, Bathgate, Swerdlin, Soto, and Mayor Gelff
NOES
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
�MOrNA�HAN, City Clei