Resolution Number 89-9-5-42'71
RESOLUTION NO. 89-9-5-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING AN AMENDMENT
TO AN OWNER PARTICIPATION AGREEMENT WITH STROSCHER
PROPERTIES
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 the attached Amendment to the Owner Participation
Agreement (the "Agreement") with Stroscher Properties (the "Participant") toward the
contribution by the Agency for certain Public Improvements to be built on the site (the
"Site"), as described in the Agreement, in the San Juan Capistrano Central
Redevelopment Project Area; 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 May 19, 1987, and no modifications to the proposed Site Development have been
made which would require additional environmental Review.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano, California, as follows:
The City Council has received and heard all oral and written objections 'o
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
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 May 19, 1987, adequately considered all environmental
impacts potentially caused by the proposed Site Development as there
are no substantial changes in the proposed development which would
alter the potential caused by the proposed Site Development as there are
no substantial changes in the proposed development which would alter
the potential environmental impact of the project.
4. The amendment to the original Owner Participation Agreement, is
hereby approved.
5. The City Council hereby authorizes the City Clerk to deliver a copy of
this resolution to the Executive Director and members of the Agency
Board of Directors. A copy of the Agreement, when executed by the
Agency, shall be placed on file in the Office of the City Clerk.
The foregoing resolution was regularly introduced and adopted at a joint
meeting of the City Council of San Juan Capistrano and the Community Redevelopment
Agency duly held on the 5th day of September, 1989.
PASSED, APPROVED, AND ADOPTED this 5th day
Of . September , 1989.
ATTEST:
CITY CLEIjJr Z
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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. 89-9-5-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 5th day
Of -September , 1989, by the following vote:
AYES: Councilmen Schwartze, Frie-s, Buchheim, Bland and
Dlayor Hausdorfer
NOES: None.
ABSENT: None.
(SEAL)
MARY AN ANOVE , CITY CLERK
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