Resolution Number 93-10-19-3171
RESOLUTION NO. 93-10-19-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, DETERMINING THAT THE
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ON OR
ADJACENT TO THE SITE IS OF BENEFIT TO THE CENTRAL
REDEVELOPMENT PROJECT AREA AND THE IMMEDIATE
NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED;
DETERMINING THAT THERE ARE NO OTHER REASONABLE
MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS; AND
APPROVING AN OWNER PARTICIPATION AGREEMENT FOR
REIMBURSEMENT OF CERTAIN PUBLIC IMPROVEMENTS, FORD
LEASING DEVELOPMENT COMPANY (SAN JUAN
LINCOLN/MERCURY)
WHEREAS, the Community Redevelopment Agency of the City of San Juan
Capistrano (the "Agency") is authorized to carry out and implement the Redevelopment
Plan of the Central Redevelopment Project Area ("Project Area"); and,
WHEREAS, the Redevelopment Plan for the Central Redevelopment Project
Area authorizes and directs the Agency to pay all or part of the value of the acquisition
and construction of certain Public Improvements which are enumerated in materials
referenced in the Redevelopment Plan and which include the design and construction of
street improvements; and.
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into an Owner Participation Agreement (the "Agreement") with
Ford Leasing Development Company (the "Developer") for the reimbursement of certain
public improvements (as described in the Agreement) from sales tax generated from the
site in the San Juan Capistrano Central Redevelopment Project Area; and,
WHEREAS, the subject development site and the immediate adjacent area is
deficient in respect to infrastructure to such an extent that it is not financially feasible
for the necessary Public Improvements to be provided (i) by private enterprise acting
alone or (ii) by means of assessment district without direct Agency contribution toward
the efforts of such a district, and without the direct financial participation of the
Agency there are insufficient resources available to the Public Improvements; and,
WHEREAS, California Health and Safety Code Section 33445 provides that a
redevelopment agency may, with the consent of the legislative body, pay all or part of
the value of public buildings, facilities, structures or other improvements upon a finding
that such Public Improvements are of benefit to the project area or the immediate
neighborhood in which the project is located and that there are no other reasonable
means of financing such Public Improvements available to the community.
-1-
172
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano, California, as follows:
1. The City hereby determines that the design, acquisition, construction and
installation of the Public Improvements, including reimbursement for
design and construction for a traffic signal and interim intersection
improvements at San Juan Creek Road and Valle Road is of benefit to
the Project Area and surrounding neighborhood in which the project is
located.
2. The City hereby determines that it is appropriate to construct and install
or cause the construction and installation of the Public Improvements
and that there are no other reasonable means of financing the Public
Improvements.
3. The City consents to the provision of assistance by the Agency for the
development of certain Public Improvements pursuant to the Agreement.
4. A copy of the Agreement, when executed by the Agency, shall be placed
on file in the office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this
Of October , 1993.
ATTEST:
i
i
GIL JONW, MAYOR
-2-
19th
day