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Resolution Number 85-9-3-5RESOLUTION NO. 85-9-3-5 229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING THAT THE CONSTRUCTION OF CERTAIN ONSITE AND OFFSITE PUBLIC IMPROVEMENTS IN CONNECTION WITH THE DEVELOPMENT OF A BUSINESS PARK PROJECT PURSUANT TO A PARTICIPATION AGREEMENT BY AND BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO AND KAISER DEVELOPMENT COMPANY IS OF BENEFIT TO THE CENTRAL REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED AND DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS WHEREAS, the Community Redevelopment Agency of the City of San Juan Capistrano ("Agency") is authorized to carry out the redevelopment of the Central Redevelopment Project Area ("Project Area"); and, WHEREAS, the Redevelopment Plan for the Project Area authorizes and directs the Agency to pay all or part of the value of the construction and installation of certain public improvements; and, WHEREAS, the Agency has entered into that certain Participation Agreement ("Agreement") with Kaiser Development Company ("Developer") which calls for the Agency to construct certain flood control improvements to be known as the Oso Creek Flood Control Channel ("Agency Improvements") in conjunction with the construction by Developer of a business park consisting of a mix of industrial, research and development and office and related support uses ("Project"); and, WHEREAS, California Health & Safety Code Section 33445 provides that a redevelopment agency may, with consent of the legislative body, pay all or part of 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 said public improvements available to the community. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does hereby resolve as follows: -1- 230 Section 1. i This City Council hereby determines that the acquisition, construction and installation of the Agency Improvements will be of benefit to the Project Area and the surrounding neighborhood in which the Project is located. Section 2. This City Council further determines that no other reasonable means of financing the acquisition, construction and installation of the Agency Improvements is available. Section 3. This Resolution shall take effect immediately upon its adoption. APPROVEDD.• IfrMKYOR - ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 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. gs-9-3-5 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 3,a day of ���he 198 , by the following vote: AYES: Councilmen Friess, Bland, Buchheim, Hausdorfer, and Mayor Schwartze NOES: None - ABSENT: None (SEAL) MARY AN NO ER, CITY CLERK -2- 2 31. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 5th day of September 1985 , she caused to be posted: RESOLUTION NO. 85-9-3-5 being: TO PROJECT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DETERMINING THAT THE CONSTRUCTION OF CERTAIN ONSITE AND OFFSITE PUBLIC IMPROVEMENTS IN CONNECTION WITH THE DEVELOPMENT OF A BUSINESS PARK PROJECT PURSUANT TO A PARTICIPATION AGREEMENT BY AND BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO AND KAISER DEVELOPMENT COMPANY IS OF BENEFIT TO THE CENTRAL REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED AND DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. MARY AN ANOVER, CITY CLERK San Juan Capistrano, California -3-