Resolution Number 88-10-4-2283
RESOLUTION NO. 88-10-4-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING THE OWNER
PARTICIPATION AGREEMENT BETWEEN THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AND
STROSCHER PROPERTIES AND SIZZLER FAMILY STEAK HOUSES
OF WEST COVINA, INC.
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, made a part hereof by
reference, (the "Agreement") with Stroscher Properties and Sizzler Family Steak Houses
of West Covina, Inc., (the "Participant") for public improvements, archaeological
investigations, site modifications, and related expenses 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 the Agency copies of said
proposed Agreement in a form desired by 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 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 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 April 7, 1987, and no substantive 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 consideration to
be paid to the Participant under the Agreement is in an amount
-i-
necessary to effectuate the purposes of the Redevelopment Plan for the
San Juan Capistrano Central Redevelopment Project.
3. The Negative Declaration approved on April 7, 1987, 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. The proposed Agreement, which establishes the terms and conditions
therefor, 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. 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 , 1988.
ATTEST:
4th
AR L. AUSDORFER, M YOR
CITY CLEF K
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
day
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. 88-10-4-2 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 4th day
of October , 1988, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland,
and Mayor Hausdorfer
NOES: None
ABSENT: None
(SEAL)
MARY A H NO R, CITY CLERK
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