92-1215_CRA_Minutes_Regular Meeting145.
DECEMBER 15, 1992
REGULAR MEETING OF THE SAN JUAN CAPISTRANO
COh04UNrrY 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 Nash at 8:27 p.m. in the City Council Chamber.
ROLL PRESENT: Carolyn Nash, Chairman
Jeff Vasquez, Vice Chairman
Collene Campbell, Director
Gary L. Hausdorfer, Director
Gil Jones, Director
ABSENT: None
STAFF PRESENT: George Scarborough, Executive Director; "Phomas Tomlinson, Deputy Director; Richard K.
Denhalter, City Attorney; Cynthia L. Pendleton, Interim Finance Officer; Cheryl Johnson, Agency Secretary;
William Huber, Director of Engineering and Building Services; Al King, Jr., Director of Community Services;
Nancy Bernardi, Recording Secretary.
The Minutes of the Regular Meeting of December 1, 1992, were approved as submitted as part of the City
Council Consent Calendar.
RESOLLMONDETERMINING THEAGENCY'SIIVABILITYT MEETITSREQi IJ RED
TRANSFER ALLOCATION UNDER SFNATE BIL - STATE PROPERTY TAX
SHIFr (340,30)
Prot)g al:
Consideration of the Agency's ability to meet its full obligation to shift approximately 16% of its tax
increment funds to K-12 schools and community colleges, as mandated under the State's 1992 Budget
Act. Options for the Agency include borrowing up to 50% of the funds allocated for low and moderate
income housing and allocating less than the required amount upon demonstration of inability to pay.
Amounts not allocated by the Agency will be funded through an agreement with the City. Any funds
not transferred to the County by May 15, 1993, will be transferred directly from the City's property tax
allocation.
Written Communis t� ion:
Report dated December 15, 1992, from the Finance Officer, recommending that a Resolution be
adopted certifying the Agency's inability to meet its allocation under Senate Bill 844. The deficit of
$303,50635 is proposed to be funded by loans from the low and moderate set-aside funds and the City's
General Fund.
Ms. Pendleton noted that the City would fund a minimum of $83,000, which must be transmitted to the
County no later than May 15, 1993.
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Public Hearing:
Notice having been given as required by law, Chairman Nash opened the Public He- ng, and there
being no response, closed the hearing with the right to reopen at any time.
Resolution Certifying AaenInabilityMeet Its All cation:
It was moved by Director Hausdorfer, seconded by Director Jones, that the following Resolution be
adopted:
RESOLUTION NO, CRA 92.12-15-1. FINDINGS REGARDING THE AGENCY'_
ABILITY TO MEET THE PROPERTY TAX SHIFT UNDER SENATE BILL 844 -
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, MAKING CERTAIN FINDINGS REGARDING
THE AGENCY'S ABILITY TO MEET ITS REOUIRED PROPERTY TAX SHIFT
UNDER SENATE BILL 844
The motion carried by the following vote:
AYES: Directors Campbell, Hausdorfer, Jones, Vasquez, and Chairman Nash
NOES: None
ABSENT: None
The Resolution authorized an agreement with the City to fund the balance of the allocation in an
amount not to exceed $100,000.
1. FINANCE OFFICER'S REPORT OF 1NVESTMENTS AS OF NOVEMBER 30. 199253 0.30)
The Finance Officer's Report of Investments as of November 30, 1992, in the total amount of
$563,146.58 was received and filed.
2. PROEUSIONAL ENGINEERING SERVICES AGREEMENT EXTENSION - SAN JLLAN
CREEK RAILROAD REALIGNMENT (BOYLE ENGINEERING) (600 40)
Written Communication:
Report dated December 15, 1992, from the Director of Engineering and Building, advising that in June,
1990, the Agency approved an agreement with Boyle Engineering to complete the engineering design
services for the San Juan Creek Railroad Bridge Project. The report advised that there had been delays
outside the control of the City and recommended an extension of the contract completion to March 31,
1994. The report also recommended that Exhibit B (Hourly Rate Schedule) be revised to increase the
previously approved not -to -exceed fee by $208,059, from $1,137,983 to $1,346,042, and the fees for
additional work were summarized in the Report.
ApprgAy of Professional Enizineering Services Agreemention:
It was moved by Councilman Hausdorfer, seconded by Council Member Jones, and unanimously carried
that the Professional Engineering Services Agreement Extension with Boyle Engineering be approved
for preliminary engineering, right-of-way services, and final engineering of the San Juan Creek AT&SF
Railroad Bridge Reconstruction and Realignment Project, for the period of December 31,1992, through
March 31, 1994, for a not -to -exceed amount of $1,346,042.
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147
3. RESOLUTION APPROVING LOAN AGREEMENT BETWEEN THE CITY OF SAN
AN CAPISTRANO AND THE COMMUNITY REDEVELOPMENT AGENCY AND
APPROVING AND AUTHORIZING EXECUTION OF PROMISSORY NOTE (600.40)
Written Communicatign:
Report dated December 15, 1992, from the Finance Officer, recommending that a loan agreement
between the City and the Agency be approved transferring funds from the City to the State's
Educational Revenue Allocation Fund, in an amount not to exceed $100,000. The Agency determined
that it was unable to transfer the full allocation of $303,506.35 in tax increment funds to the Educational
Revenue Allocation fund, as required by the 1992 Budget Act and related legislation, and requested that
the City provide the balance through a loan agreement and the execution of a promissory note payable
to the City over a ten-year period.
Resolution Approving; the Execution of Lgan_Agreement and Promissory Note:
It was moved by Director Hausdorfer, seconded by Director Jones, that the following Resolution be
adopted:
RESOLUTION NO, CRA 92-12-15--2- APPROVING THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT AND APPROVING AND
AUTHORIZING- THE EXECUTION OF A PROMISSORY NOTE - A
RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, APPROVING A LOAN AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, AND
APPROVING AND AUTHORIZING THE EXECUTION OF A PROMISSORY
NOTE FOR THE REPAYMENT THEREOF
The motion carried by the following vote:
AYES: Directors Campbell, Hausdorfer, Jones, Vasquez, and Chairman Nash
NOES: None
ABSENT: None
_6 •
The Board recessed to the Council meeting at 8:34 p.m. and reconvened in Closed Session at 9:45 p.m. for
discussion of litigation matters per Government Code Section 54956.9(a) (Committee to Restore integrity_ v. City;
Julien v. Negrete. San Juan Mobile Estates v. San Juan Capistrano); exposure to initiation of litigation per
Government Code Sections 54956.9(b) and (c); and labor negotiations per Government Code Section 54957.6,
the Agency Secretary being excused therefrom, and reconvened at 12:00 a.m., December 16.
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There being no further business before the Board, the meeting was adjourned at 12:00 a.m., December 16, 1992,
to the next regular meeting date of Tuesday, January 5, 1943, at 7:00 p.m. in the City Council Chamber.
ATTEST:
CAROLYN NA , CHAIRMAN
CRA Minutes
Respectfully submitted,
CHERYL J016NSO, AGENCY SECRETARY
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12/15/92