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85-0827_CRA_Minutes_Adjourned Regular Meeting285 AUGUST 27, 1985 ADJOURNED REGULAR MEETING OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS The Adjourned Regular Meeting of the Board of Directors of the San Juan Capistrano Community Redevelopment Agency was called to order by Vice Chairman Buchheim at 7:02 p.m., in the City Council Chamber. ROLL CALL PRESENT: Lawrence F. Buchheim, Vice Chairman Anthony L. Bland, Director Kenneth E. Friess, Director Phillip R. Schwartze, Director ABSENT: Gary L. Hausdorfer, Chairman STAFF PRESENT: Stephen B. Julian, Executive Director; Thomas G. Merrell, Deputy Director; Mary Ann Hanover, Agency Secretary; Robert G. Boone, Finance Officer; John R. Shaw, City Attorney; Glenn Southard, Assistant City Manager. BOARD ACTIONS 1. PARTICIPATION AGREEMENT - OSO CREEK FLOOD CONTROL IMPROVEMENTS (BATHGATE/KAISER DEVELOPMENT COMPANY) (311.7) Written Communications: Report dated August 27, 1985, from the Deputy Director forwarding a Participation Agreement between the Agency and Kaiser Development company, as approved in concept at the meeting of August 20, 1985, in connection with development of a business park project. The site is on the Bathgate property off Camino Capistrano at the northern City limits. The agreement provides that: 1. Kaiser will pay $500,000 of the Oso Creek channel improvements. In addition, they will pay $100,000 more for every net usable acre in excess of 40. 2. The Community Redevelopment Agency will pay for the remaining costs of flood control improvements, but in no event will the Agency contribution exceed $2 million. 3. Kaiser will loan the Community Redevelopment Agency up to $2 million for the Community Redevelopment Agency's share of the flood control improvements. The Community Redevelopment Agency will reimburse Kaiser using the annual net tax increment coming from the Bathgate -1- 8/27/85 property. The Agency will pay an interest rate equivalent to the prevailing rate for tax exempt bonds at the time the obligation is created. The Executive Director made an oral report and advised that there is no commitment on the part of the City or Agency for concept or land use approvals; the channel design will be subject to the review process; that Kaiser and the Agency are entering into the Agreement in good faith. Resolution Approving Agreement: It was moved by Director Schwartze, seconded by Director Friess, that the following Resolution, which makes findings pursuant to Health and Safety Code Section 33445, be adopted: RESOLUTION NO. CRA 85-8-27-1 APPROVING PARTICIPATION AGREEMENT FOR FLOOD CONTROL IMPROVEMENTS (KAISER DEVELOPMENT COMPANY)- A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING A PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY AND KAISER DEVELOPMENT COMPANY; DETERMINING THAT THE CONSTRUCTION OF CERTAIN ONSITE AND OFFSITE PUBLIC IMPROVEMENTS IN CONNECTION WITH THE DEVELOPMENT OF A BUSINESS PARK PROJECT BY KAISER DEVELOPMENT COMPANY PURSUANT TO SAID PARTICIPATION AGREEMENT IS OF BENEFIT TO THE CENTRAL REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED; DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID IMPROVEMENTS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID PARTICIPATION AGREEMENT The motion carried by the following vote: AYES: Directors Friess, Bland, Schwartze, and Buchheim NOES: None ABSENT: Chairman Hausdorfer Approval of Participation Agreement: It was moved by Director Schwartze, seconded by Director Friess, and unanimously carried to approve the Participation Agreement by and between the Redevelopment Agency of the City of San Juan Capistrano and Kaiser Development Company and to authorize the Vice Chairman and Agency Secretary to sign the Agreement on behalf of the Agency. -2- 8/27/85 287 ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 7:15 p.m., to the next meeting date of Tuesday, September 3, 1985, at 7:00 p.m., in the City Council Chamber. Respectfully submitted, Y ANN rOVER, AGE14CY SECRETARY ATTEST: WRENCE F. UCH IM, VICE CHAIRMAN -3- 8/27/85 2