Resolution Number 89-6-20-615'7
RESOLUTION NO. 89-6-20-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AN OWNER
PARTICIPATION AGREEMENT WITH DEERING INVESTMENT
COMPANY (AREA A, JOHNSON)
WHEREAS, the San Juan Capistrano Community Redevelopment Agency (the
"Agency") is engaged in activities necessary to carry out and implement the
Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project Area;
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
Paseo Capistrano Limited Partnership (the "Participant"); and,
WHEREAS, the Participant has submitted to this City copies of said proposed
Agreement in a form desired by the Participant; and,
WHEREAS, pursuant to the California Community Redevelopment Law
(California Health and Safety Code, Section 33000 et seq.) the Agency and this City
Council held a joint public hearing on the Agreement, having duly published notice of
such public hearing and made copies of the proposed Agreement available for public
inspection and comment; and,
WHEREAS, the Agreement provides for certain Public Improvements, which
are a benefit to the project area and are essential to its development according to the
Redevelopment Plan, the cost of which renders such improvements infeasible without the
financial participation by the Agency; and,
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the real property pursuant
thereto is in the best interests of the City of San Juan Capistrano and the health, safety
and welfare of its residents, and in accord with the public purposes and provisions of
applicable State and local law and requirements; and,
WHEREAS, a Negative Declaration for the Site Development proposed in the
Agreement has been approved by the City of San Juan Capistrano Environmental Review
Board on July 19, 1988, and no modifications to the proposed Site Development have been
made which would require additional environmental review.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano, as follows:
1. The City Council has received and heard all oral and written objections
to the proposed Agreement and to other matters pertaining to this
transaction, and that all such oral and written objections are hereby
overruled.
2. The City Council hereby finds and determines that the public and
common improvements to be financed in part by the Agency are a
benefit to the Project Area and are essential to its development
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according to the Redevelopment Plan and that the costs to provide said
improvements would be infeasible without the contribution by the
Agency.
3. The Negative Declaration approved by the City's Environmental Board of
Review on July 19, 1988, adequately considered all environmental
impacts potentially caused by the proposed Site Development and there
are no substantial changes in the proposed development which would
alter the potential environmental impact of the project.
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 20th day
of Tune , 1989.
ATTEST:
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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
Resolution No. 89-6-20-6 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 20th day
Of tune , 1989, by the following vote:
AYES: Councilmen Friess, Bland and Mayor Hausdorfer
NOES: None
ABSENT: Councilmen Schwartze and Buchheim
(SEAL)
MARY ANN H OVER, CITY CLERK
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