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91-0305_CRA_Minutes_Regular MeetingMARCH 51 1991 REGULAR MEETING OF THE BAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS The Regular Meeting of the Board of Directors of the City of San Juan Capistrano Redevelopment Agency was called to order by Chairman Buchheim at 9:51 p.m. in the City Council Chamber. ROLL CALL: PRESENT: Lawrence F. Buchheim, chairman Gil Jones, Vice Chairman Kenneth E. Friess, Director Gary L. Hausdorfer, Director Jeff Vasquez, Director ABSENT: None STAFF PRESENT: Stephen B. Julian, Executive Director; Jeffrey C. Parker, Acting Agency Secretary; Cheryl Johnson, City Clerk; George Scarborough, Assistant City Manager; David Bentz, Finance Officer; Tom Clark, Agency Counsel; William Huber, Director of Engineering and Building Services; Al King, Director of Community Services; Nancy Bernardi, Recording Secretary. MINUTIS The minutes of the meetings of February 19, 1991, and February 25, 1991, will be submitted for approval at the meeting of March 19, 1991. HOARD ACTIONS 1. APPROVAL OF WARRANTS (3000) It was moved by Director Hausdorfer, seconded by Director Jones, and unanimously carried to approve the List of Demands dated February 21, 1991, in the total amount of $494,572.19. 2. CONSIDERATION OF 1990-91 REVISED BUDGET (3.30.201 Written Coma igA ion: Report dated March 5, 1991, from the Assistant to the City Manager, forwarding a review of the mid -year budget, noting expenditure reductions and additional unexpected expenses for fiscal year 1990-91. -1- 3/5/91 Receive and File: It was moved by Director Friess, seconded by Director Jones, and unanimously carried that the Mid -Year Budget Report for the Community Redevelopment Agency be received and filed. 3. PURCHASE AGREEMENT - KINOSHITA PROPERTY Written Communication: Report dated March 5, 1991, from the Executive Director, forwarding a Property Acquisition Agreement and a Farm Management and Operation Agreement for the purchase of Kinoshita Properties. The purchase price is $9.5 million for 56.45 acres, and the agreement provides for a 20 -year interest -only tax exempt note. The term for the Farm Management Agreement is five years, with assistance to be provided by the Kinoshita family to manage the project for a short period of time and long-term plans to be implemented at a later date. Mr. Julian made an oral presentation, noting that the agency intends to reserve 10 acres for relocation of the adult education facility and to sell the balance to the City. With monies received from the sale, the Agency will repay a portion to the debt owed to the City. He advised that sufficient tax increments exist for the Agency to pay back the debt to the City. Councilman Vasquez expressed concern regarding the City's responsibility should the tax-exempt status for the Kinoshita family be challenged and the possible conflict of interest regarding counsel representing the Agency and also acting as bond counsel, as had been noted in a recent Fair Political Practices Commission ruling. Tom Clark, Agency Counsel, clarified that the information relative to possible conflicts of interest was contained in an FPPC advice letter and suggested that where the same firm acted as special counsel and was later brought in as bond counsel there may be a conflict question. However, if a firm is both special counsel and bond counsel pursuant to an existing agreement, that same conflict did not exist and that was the case in this instance. He further stated that his firm had reviewed and analyzed the tax-exempt status and would issue an unqualified opinion that there is no question that in fact the interest on the Kinoshita Notes is tax exempt. -2- 3/5/91 J Apl2rQval,of Agreements-angi Joint Escrow Instructions: It was moved by Director Friess, seconded by Director Hausdorfer that the following Resolution be adopted approving the Sale Agreement/Joint Escrow Instructions: REEOLUTION NO. C 91-3-5-1. APP OV X TI N OF ?_URCHASE AND SALE AGREEMENT/JOINT ESC OW INgTRUCTIONS (KINOSHITA PROPERTIES) - A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT/JOINT ESCROW INSTRUCTIONS BETWEEN THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY AND KINOSHITA PROPERTIES The motion carried by the following vote: AYES: Directors Jones, Friess, Hausdorfer, Vasquez, and Chairman Buchheim NOES: None ABSENT: None The Property Acquisition Agreement and the Farm Management and Operation Agreement for the Kinoshita Properties were approved in the amount of $9.5 million and the Agency Chairman and the Executive Director were authorized to execute the Agreements on behalf of the Agency. The meeting will be adjourned to Wednesday, March 6, 1991, at 7:00 p.m. in the La Sala at the City Library, to hold a joint meeting between the Agency and the City Council to approve the sale of Agency property to the City of San Juan Capistrano. CLOSED SESSIg The Board recessed to the Council meeting at 10:10 p.m. and reconvened in Closed Session at 10:59 p.m. for discussion of the lease agreement with the Paisley Penguin, the Acting Agency Secretary being excused therefrom, and reconvened at 12:25 a.m., March 6. -3- 3/5/91 mm" : I IN (@1 is 21tXzit There being no further business before the Board, the meeting was adjourned at 12:25 a.m., Wednesday, March 6, 1991, to the next meeting date of,Wednesday, March 6, 1991, at 7:00 p.m. in the La Sala at the City Library. Respectfully submitted, J F Y V. PARKER, ACTING AGENCY SECRETARY ATTEST: LA CE F. BUCHREIM, CHAIRMAN -4- 3/5/91 3 45 11 Mr) TIrF AN ADJOURNED REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY WILL BE HELD ON THE 6TH DAY OF MARCH, 1991, AT 7:00 P.M. AT THE LA SALA, 31495 E1 CAMINO REAL, SAN JUAN CAPISTRANO. J FF PARK AGENCY SECRETARY POSTED: MARCH 6, 1991