Ordinance Number 509ORDINANCE NO. 509
TO REDEVELOPMENT PLAN FOR THE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT
TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA
AND APPROVING THE NEGATIVE DECLARATION
342
WHEREAS, the San Juan Capistrano Community
Redevelopment Agency (the "Agency") has formulated, prepared and
approved an Amendment to the Redevelopment Plan (the
"Redevelopment Plan") for the San Juan Capistrano Central
Redevelopment Project Area (the "Project Area") increasing the
duration of the Plan, increasing the amount of tax increment
revenue which may be allocated to the Agency and the total amount
of bonded indebtedness secured by such tax increment, adding a
list of public improvements which the Agency may undertake, and
making technical revisions, as more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference,
and has recommended that the City Council approve and adopt said
proposed Amendment to the Redevelopment Plan; and,
WHEREAS, the Planning Commission of the City of San
Juan Capistrano has submitted its report and recommendation and
has determined that the proposed Amendment to the Redevelopment
Plan is consistent with the City General Plan and recommends
approval of the proposed Amendment to the Redevelopment Plan;
and,
WHEREAS, the Agency has approved and submitted the
proposed Amendment to the Redevelopment Plan and its Report
thereon to the City Council, which Report contains, among other
things, the Planning Commission's report and recommendation; and,
WHEREAS, the Agency has consulted with taxing agencies
which levy taxes, or for which taxes are levied, on property in
the Project Area with respect to the proposed Amendment to the
Redevelopment Plan and to the allocation of taxes pursuant to
California Health and Safety Code Section 33670; and,
WHEREAS, a joint public hearing has been duly noticed
and held by the Agency and the City Council as required by law on
May 1, 1984; all objections have been heard and passed upon by
the City Council; the Agency and Council have received written
and oral testimony concerning the proposed Amendment to the
Redevelopment Plan and the Negative Declaration and have duly
considered all thereof; and the proceedings for the adoption of
said proposed Amendment to the Redevelopment Plan have been duly
conducted and completed as provided by law; and,
-1-
3 43 WHEREAS, the Agency has prepared and approved a
Negative Declaration with respect to the adoption of the proposed
Amendment to the Redevelopment Plan based upon an Initial Study
indicating that the adoption of the proposed amendment would not
create any significant environmental impacts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
The purposes and intent of the City Council with
respect to this proposed Amendment to the Redevelopment Plan are:
(A) To amend the Redevelopment Plan by increasing the
duration of the Plan, by increasing the amount of
tax increment revenue which may be allocated to
the Agency and the total amount of bonded
indebtedness secured by such tax increment, by
adding a list of public improvements which the
Agency may undertake, and by making certain
textual revisions.
(B) To eliminate the conditions of blight existing in
the Project Area.
(C) To prevent recurrence of blighting conditions in
the Project Area.
(D) To improve and construct or provide for the
construction of public facilities, roads and other
public improvements and to improve the quality of
the environment in the Project Area to the benefit
of the Project Area and the general public.
(E) To encourage and ensure the redevelopment of the
Project Area in the manner set forth in the
Redevelopment Plan as amended hereby.
(F) To encourage and foster the economic
revitalization of the Project Area by protecting
and promoting the sound development and
_ utilization of the Project Area and by replanning,
redesigning and developing portions of the Project
Area which are stagnant or improperly utilized
because of the lack of adequate utilities and
public improvements and because of other causes.
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344
SECTION 2.
The City Council of the City of San Juan Capistrano
hereby approves and adopts the proposed Amendment to the
Redevelopment Plan as was recommended by the Planning Commission
and the Agency. The Redevelopment Plan as amended hereby is
incorporated herein by reference and is designated as the
official Redevelopment Plan of the Project Area. The City
Council having reviewed all written objections to the proposed
Amendment which have been delivered prior to the hour set for the
Public Hearing and after considering all oral objections
presented during the Public Hearing hereby overrules these
objections.
SECTION 3.
After due and careful consideration at the Public
Hearing held on May 1, 1984, the City Council finds and
determines as follows:
(A) The adoption of the proposed Amendment is
necessary to effectuate the public purposes
declared in the Community Redevelopment Law of the
State of California.
(B) The adoption and carrying out of the Redevelopment
Plan as amended hereby is economically sound and
feasible.
(C) The Redevelopment Plan as amended hereby is
determined to be consistent with the General Plan
of the City of San Juan Capistrano.
(D) The carrying out of the Redevelopment Plan as
amended hereby will promote the public peace,
health, safety and welfare of the community and
will effectuate the purposes and policies of the
Community Redevelopment Law of the State of
California by significantly improving the physical
and economic health of the Project Area.
(E) The elimination of blight and the redevelopment of
the Project Area cannot be reasonably expected to
be accomplished by private enterprise acting alone
without the aid and assistance of the Agency.
SECTION 4.
The Redevelopment Plan as amended hereby is expected to
be financed in part from revenues derived from the allocation of
taxes pursuant to Section 33670 of the Community Redevelopment
Law. The City Council is convinced that the effect of tax
increment financing will not cause a severe financial burden or
detriment on any taxing agency deriving revenues from the Project
Area.
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345
SECTION 5.
The City Council hereby declares its intention to
undertake and complete any proceedings necessary to be carried
out by the City of San Juan Capistrano under the provisions of
the Redevelopment Plan as amended hereby and directs that all
City departments, commissions, and officers cooperate with the
Agency in carrying out the provisions of the Redevelopment Plan,
as amended hereby. The City Council hereby provides for the
expenditure of funds by the community in order to carry out the
Redevelopment Plan as hereby amended in such amounts, at such
times, for such purposes and under such conditions as set forth
in subsequent resolutions of the City Council.
SECTION 6.
The Negative Declaration for the proposed Amendment to
the Redevelopment Plan, which has been prepared as required by
Article 6, Section 15061 of the California Environmental Quality
Act of 1970, is hereby approved.
SECTION 7.
Upon the filing of this Ordinance adopting the proposed
Amendment to the Redevelopment Plan, the City Clerk is hereby
directed to send a certified copy of this Ordinance to the
Agency, and the Agency is vested with the responsibility for
carrying out said Redevelopment Plan, as amended.
SECTION 8.
The City Clerk is hereby directed to transmit a
certified copy of this Ordinance to the Auditor and Tax Assessor
of the County of Orange; to the officer or officers performing
the functions of Auditor or Assessor for any taxing agencies
which, in levying or collecting its taxes, do not use the County
Assessment Roll or do not collect its taxes through the County;
to the governing body of each of the taxing agencies which levies
taxes upon any property in the Project Area and to the State
Board of Equalization. Such Ordinance shall be transmitted as
promptly as practicable following its adoption, but in any event
such Ordinance shall be transmitted within thirty (30) days
following the adoption of the proposed Amendment to the
Redevelopment Plan.
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SECTION 9. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 10. City Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be published once as required by law
and posted at the duly designated posting places within the City
of San Juan Capistrano within fifteen (15) days after its
passage.
PASSED, APPROVED AND ADOPTED this 15th day of
, 1984 , by the following vote, to wit:
AYES: Councilmen Friess, Bland, Buchheim,
and Mayor Hausdorfer
NOES: None
ABSTAIN: Councilman Schwartze
ABSENT: None
JRY HAUSDORFER, MA OR
ATTEST:
CIT.0 CLER
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 509 , which was
introduced at a meeting of the City Council of the City of San
Juan Capistrano, California, held on May 1 , 1984 , and
adopted at a meeting held on May 15 , 1984
r
(SEAL) J
MARY NN NOV R, CITY CLERK
Q.7C
STATE OF CALIFORNIA )
COUNTY OF -ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO ) AND PUBLISHING
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City Clerk
of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California, ORDINANCE NO. 509 , being:
TO REDEVELOPMENT PLAN FOR
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT
TO THE REDEVELOPMENT PLAN FOR THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA
AND APPROVING THE NEGATIVE DECLARATION
was published in the Daily Sun -Post newspaper on May 24 ,
1984, and in further compliance with City Resolution No.
83-12-20-3, on May 18 , 1984, she caused said Ordinance to
be posted in three (3) public places in the City of San Juan
Capistrano, to wit:
City Hall;
Old Fire Station Recreation Complex;
Orange County Public Library.
CHECK LIST
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.............. Typed in Official Record Book
._....... --- Posted to Classified Cards ,
._.....---- Copies sent to. --
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No. Affidavits
No. Printed copies required
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MAA OV R, CITY CLERK
San Juah Capistrano, California