Resolution Number 88-9-6-3RESOLUTION NO. 88-9-6-3 249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE LEASE OF
CERTAIN REAL PROPERTY WITHIN THE SAN JUAN CAPISTRANO
CENTRAL REDEVELOPMENT PROJECT AREA TO LI8ROS Y
ARTES DE SAN JUAN CAPISTRANO (31431 CAMINO
CAPISTRANO)
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
(the "Redevelopment Plan"); and,
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into the Lease Agreement (the "Agreement'), attached hereto
by reference, with Libros Y Artes de San Juan Capistrano, a California non-profit public
benefit corporation (the "Tenant") for the lease by the Agency to the Tenant of certain
property located in the San Juan Capistrano Central Redevelopment Project Area
generally described as 31431 Camino Capistrano, San Juan Capistrano, California (the
"Site") for purposes of operating a cultural center for the study of the decorative arts;
and,
WHEREAS, pursuant to the California Community Redevelopment Law
(California Health and Safety Code, Section 33000 et seq.), the Agency held a public
hearing on the Agreement and the proposed lease of the Site, having duly published
notice of such public hearing and made copies of the proposed Agreement available for
public inspection and comment; and,
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the Site thereto promotes
the goals and objectives of the Redevelopment Plan by encouraging cultural development
in the downtown area and 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 lease of the Site proposed in the
Agreement has been prepared by the City of San Juan Capistrano in accordance with the
California Environmental Quality Act (CEQA) finding that the proposed lease of the Site
will not have a significant negative effect on the environment and no additional
environmental review is required; and,
WHEREAS, the Agency has received and considered the report of the Agency
staff prepared in accordance with the requirements of Health and Safety Code Section
33433 on the proposed lease of the Site to be carried out pursuant to said Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano as follows:
The City Council has received and heard all oral and written
objections to the proposed Agreement, and to the proposed lease
of the Site and to other matters pertaining to this transaction, and
that all such oral and written objections are hereby overruled.
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250
2. The City Council hereby finds and determines that the lease of
the Site to the Tenant at less than fair market value is justified
based upon (i) the enhanced downtown cultural and historical
resources provided pursuant to the Agreement; (ii) the public
purpose and use limitations pertaining to the Site; (iii) the
enhanced quality of life for the residents of San Juan Capistrano
provided by increased amenities and support of local community
groups; and, (iv) the consideration to be paid under the Agreement
is in an amount necessary to effectuate the purposes of the
Redevelopment Plan for the San Juan Capistrano Central
Redevelopment Project.
3. The Negative Declaration is hereby approved on the basis that it
adequately considers all environmental impacts potentially caused
by the proposed lease of the Site and there are no significant
negative impacts which would require additional environmental
review.
4. The lease of the Site and the proposed Agreement, which establish
the terms and conditions therefor, are 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.
PASSED, APPROVED, AND ADOPTED this 6th day
Of September , 1988.
ATTEST:
I CLEPK
aLAUSDORFER, MA OR
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251
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISCRANO )
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
Resolution No. 88-9-6-3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 6th day
of September , 1988, by the following vote:
AYES: Councilmen Friess, Buchheim, Bland, and
Mayor Hausdorfer
NOES: None
ABSENT: Councilman Schwartze
(SEAL)
MARY AN NOVE , CITY CLERK
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