Ordinance Number 989ORDINANCE NO. 989
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ELECTING TO COMPLY
WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY
REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION
24 OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the San Juan Capistrano Community Redevelopment Agency
("Agency") is a community redevelopment agency organized and existing under the
California Community Redevelopment Law, Health and Safety Code Sections 33000, et
seq. ("CRL") and has been authorized to transact business and exercise the powers of
a redevelopment agency pursuant to action of the City Council ("City Council") of the
City of San Juan Capistrano ("City"); and
WHEREAS, the existing Redevelopment Plan ("Redevelopment Plan") and the
boundaries of the Redevelopment Plan ("Project Area") were duly established by
ordinances of the City Council; and
WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Cade
were added to the CRL by ABX1 26 and ABX1 27, which measures purport to become
effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12
budget bills, were approved by both houses of the Legislature on June 15, 2011 and
signed by the Governor on June 28, 2011; and
WHEREAS, Part 1.85 of the CRL ("Part 1.85") provides for the statewide
dissolution of all redevelopment agencies, including the Agency, as of October 1, 2011,
and provides that, thereafter, a successor agency administer the enforceable
obligations of the Agency and otherwise wind up the Agency's affairs, all subject to the
review and approval of an oversight committee; and
WHEREAS, Part 1.8 of the CRL ("Part 1.8") provides for the restriction of
activities and authority of the Agency in the interim period prior to dissolution to certain
"enforceable obligations" and to actions required for the general winding up of affairs,
preservation of assets, and certain other goals delineated in Part 1.8; and
WHEREAS, the dissolution of the Agency would be detrimental to the health,
safety, and economic well-being of the residents of the City and cause irreparable harm
to the community, because, among other reasons, the redevelopment activities and
projects made possible, implemented, and funded by the Agency are highly significant
and of enduring benefit to the community and the City, and are a critical component of
its future; and
WHEREAS, Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment
agency may continue in operation if a city or county that includes a redevelopment
agency adopts an ordinance agreeing to comply with and participate in the Alternative
Voluntary Redevelopment Program established in Part 1.9 ("Program"); and
WHEREAS, as a condition of the Agency's continued existence and operation of
its redevelopment agency, the City is required to make certain annual remittances to the
county auditor -controller pursuant to Chapter 3 of Part 1.9, beginning with a larger
upfront remittance for the 2011-2012 fiscal year ("First Remittance"), to be paid in two
equal installments on January 15, 2012 and May 15, 2012; and
WHEREAS, the City will have sufficient moneys and revenues to fund an amount
equal to the City's payment of the First Remittance and expects to have sufficient
moneys and revenues to find the subsequent annual remittances required by Part 1.9;
and
WHEREAS, the City's needs are such that it can commit to spend the funds
received from the Agency pursuant to the Agreement to Transfer Tax Increment
(defined below) to finance activities within the Project Area that are related to
accomplishing the goals of the Redevelopment Plan; and
WHEREAS, the City and Agency intend to execute an agreement pursuant to
CRL Section 34194.2, whereby the Agency shall make an initial transfer of a portion of
its tax increment to the City in an amount equal the First Remittance, and thereafter to
transfer amounts of tax increment equal to any subsequent remittance which the City is
required to make to the county auditor -controller pursuant to the City's participation in
the Program ("Agreement to Transfer Tax Increment"), and
WHEREAS, the City is aware that the validity, passage, and applicability of ABX1
26 and ABX1 27 may become the subject of a judicial challenge; and
WHEREAS, the City, by the adoption of this Ordinance, does not represent,
disclaim, or take any position whatsoever on the issue of the validity of ABX1 26 or
ABX1 27, but rather the City seeks to comply with the Constitution and laws of the State
of California, including Part 1.9, in order to preserve the ability of the Agency to continue
to operate and thereby benefit the community; and
WHEREAS, the City is the lead agency concerning this Ordinance pursuant to
the California Environmental Quality Act (codified as Public Resources Code Sections
21000 et seq) ("CEQA") and the State CEQA Guidelines; and
WHEREAS, City staff has determined that the Ordinance is exempt from CEQA,
pursuant to CEQA Guidelines Section 15378 (b)(4), because such authorizations are
not considered a project subject to CEQA review. The community remittance is a
government funding mechanism and fiscal activity, which does not involve any
commitment to any specific project which may result in a potentially significant
environmental impact; and
WHEREAS, the City has duly considered all other related matters and has
determined that the City's participation in the Program is in the best interests of the City,
and the health, safety, and welfare of its residents, and in accord with the public
purposes and provisions of applicable state and local laws and requirements.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES ORDAIN AS FOLLOWS:
The foregoing recitals are true and correct.
2. The City hereby finds that (i) the dissolution of the Agency would be
detrimental and cause irreparable harm to the community and to the health, safety, and
economic well-being of the citizens of the City, and (ii.) the types of activities and
projects made possible, implemented, and funded by the Agency are highly significant
and of enduring benefit to the community and the City, and are a critical component of
its future; and
3. The City hereby commits to spend those funds received under the
Agreement to Transfer Tax Increment or otherwise pursuant to CRL Section 34194.2 to
finance activities within the Project Area that are related to accomplishing the goals of
the Redevelopment Plan; and
4. The City hereby ordains that the City shall comply with the Constitution
and the laws of the State of California, including Pari 1.9, including the determination of
remittance amounts, appeal rights in relation thereto, and the making of the remittances
referred to in CRL Section 34194(b) and (c) at the times and in the manner described in
Part 1.9. This ordinance is that ordinance referred to in CRL Section 34193 and shall
be interpreted and applied in all respects so as to comply with Part 1.9, to the fullest
extent permitted by law.
5. On or before November 1, 2011, the City Manager is hereby authorized
and directed to notify the county auditor -controller, the Controller of the State, and the
State Department of Finance that the City agrees to comply with the provisions of Part
1.9 as provided under Section 34193, such notice to be in accordance with CRL Section
34193.1.
6. The City's remittances to the county auditor -controller made pursuant to
Part 1.9 may be paid from any legally available funds of the City not otherwise obligated
for other uses in accordance with Section 34194.1. Nothing herein is intended or shall
be interpreted to require any payments or impose any financial or other obligation of the
City other than in accordance with the Constitution and laws of the State of California,
including Part 1.9.
7. The City Council determines that approval of this Ordinance is exempt
from CEQA, pursuant to CEQA Guidelines Section 15378 (b)(4), because such
approval is not considered a project subject to CEQA review. The payment is a
government funding mechanism and fiscal activity which does not involve any
commitment to any specific project which may result in a potentially significant
environmental impact.
S. The City Council hereby authorizes and directs that a Notice of Exemption
shall be filed with the Clerk of the Board of Supervisors of the County of Orange,
California, within five (5) working days following the date of adoption of this Ordinance.
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9. The City Clerk shall certify to the adoption of this Ordinance and cause it,
or a summary of it, to be published once within 15 days of adoption in a newspaper of
general circulation printed and published within the City, and shall post a certified copy
of this Ordinance, including the vote for and against the same, in the Office of the City
Clerk in accordance with Government Code § 36933.
10. This ordinance shall be effective thirty (30) days from and after the date
of the final passage and adoption hereof, provided that it shall not be implemented
unless and until the stay issued -by the California Supreme Court on August 11 2011
in the matter of California Redevelopment Association et al. vs. Matosantos Case No.
S194861) is lifted.
PASSED APPROVED AND ADOPTED this 16th day of August, 2011.
M ALLEVATO, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, 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. 989 which was
regularly introduced and placed upon its first reading at the Special Meeting of the City
Council on the 11th day of August 2011 and that thereafter, said Ordinance was duly
adopted and passed at the Regular Meeting of the City Council on the 16th day of
August 2011 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Freese, Kramer and Mayor Allevato
NOEOUNCIL MEMBERS: Reeve.
ABSE T�:OUNCIL MEMBERS: None
AB'ST 10 f OUNCIL MEMBERS: Taylor
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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 11th day of August 2011, 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, ELECTING TO COMPLY
WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY
REDEVELOPMENT PROGRAM CONTAI ED 1. PART 1.9 OF DIVISION
24 OF THE CALIFORNIA HEALTH AND S FLUTY CODE
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:
pistrano, C�lifNnia
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 19th day of August 2011, I caused to be posted a certified copy of Ordinance
No. 989, adopted by the City Council on August 16, 2011 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, ELECTING TO COMPLY
WITH AND PARTICIPATE IN THE ALTS NATIVE VOLUNTARY
REDEVELOPMENT PROGRAM CONTA�IED° I PART 1.9 OF DIVISION
24 OF THE CALIFORNIA HEALTH AND F ` CODE
This document was posted in the Office of the
San Juan Capistrano, Ca
0989