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93-0420_CRA_Minutes_Regular Meeting167 APRIL M, 1993 REGULAR MElUING OF THE SAN ]UAN CAPISTRANO COhEM9JNITY 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 7:25 p.m. in the City Council Chamber. ROLL CALL: 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; Thomas 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; Ronald C. Sievers, Director of Public Lands and Facilities; Al King, Jr., Director of Community Services; Nancy Bernardi, Recording Secretary. BOARD ACTIONS 1. FINANCE OFFICER'S REPORT OF INVESTMENTS AS OF MARCH 31, 1993 ( 53 0.30) The Finance Officer's Report of Investments as of March 31, 1993, in the total amount of $594,781.82 was received and filed. 2. MODIFICATION OF APPROVED USES OF OWNER PARTI IPATI N A REEMENT - H ME FURNISHINQ CENTER SHIRLEY YU G00.40 Written Communication: Report dated April 20, 1993, from the Executive Director, regarding the request from Paseo Capistrano Limited Partnership/Shirley Yu for the Agency to approve a modification to the Owner Participation Agreement to allow a family entertainment center -type business, which is a nonconforming use, within the Plaza Del Obispo Home Furnishing Center. The proposed tenant, Beach Ball Fun House, an indoor playland with tunnels, bubble balls, turbo slides, climbing equipment, ropes, netting, and restaurant, would occupy a 5,000 -square -foot area within the center. The applicant based the request on her inability to lease space to home furnishing tenants and the difficulty such uses have had during these: recessionary times. Staff recommended that the use be approved, subject to conditions regarding parking. Mr. Scarborough made an oral presentation. He recommended that this item be continued to the next meeting to allow more time for several businesses to review this proposal and provide comments to staff and the Board of Directors prior to Board action. Director Hausdorfer recommended that in the interim, parking issues be addressed as well as any concerns raised by other businesses. He felt that the project would be positive for the community but needed additional research. Director Jones concurred and requested that any fmancial considerations for this project be related to the Home Furnishing Center instead of the Price Club Center. Director Vasquez felt this was a sign of the times; that markets change and intended uses change. He felt this type of business would provide a positive environment for families and was glad to see it being CRA Minutes -1- 4/20/93 168 considered. Chairman Nash expressed concerns with modifying the uses originally approved for the center (high-end furniture stores) since that was the agreement with the property owners as well as the tenants in the center. Although she felt that the Beach Ball Fun House would be a welcome use in the community, it might be detrimental to the existing stores in the proposed location since it would not attract the appropriate clientele for the furniture stores. Since it might also discourage other top-quality furniture stores from locating in the center, she felt the proposed use would be more compatible in another center. In addition, the use could set a precedent for other similar uses to locate in the center. She suggested that the agreement include other tenants as well as the property owner since the existing stores should be considered first. Continuation of em: It was moved by Director Hausdorfer, seconded by Director Campbell, and unanimously carried that this item be continued to the meeting of May 4, 1993, to allow further review by area businesses. 3. REQUEST TO RECEIVE NEW BIDS - LITTLE HOLLYWOOD REHABILITATION. PHASE I (NIEBLAS HOUSEI AWK HOUSE YORBA HOUSE), (.6(8.10) Director Jones advised that although he lived within 2,500 feet of this project, he would vote in this matter because he felt the project would not have a significant impact on the value of his property and would, therefore, not be a conflict of interest. Written Communication: Report dated April 20, 1993, from the Planning Director, recommending that staff be authorized to receive new bids for the rehabilitation of three homes in the Little Hollywood area. Two bids for this project were received March 1, 1993. The low bidder subsequently requested that its bid be dropped. The second bid exceeded the pre-bid estimate and was found unacceptable in accordance with the Public Construction Act, §20658.2. Authorization to Receive New Bids: It was moved by Director Hausdorfer, seconded by Director Campbell, and unanimously carried that staff be authorized to receive new bids for the Little Hollywood Rehabilitation, Phase I. 4. MID -YEAR REVIEW OF COMMUNITY REDEVELOPMENT AGENCY 1M-93 OPERATING BUDGET (,330.70) Written communication: Report dated April 20, 1993, from the Finance Officer, forwarding a mid -year review of the Agency's 1992-93 Operating Budget. Staff recommended certain modifications that would allow the Agency to balance the budget by July 1, 1993. Ms. Pendleton made an oral presentation. A r v l gf Revised 1992-93 CRA Operilting Budget: It was moved by Director Jones, seconded by Director Hausdorfer, and unanimously carried that the 1992-93 revised Community Redevelopment Agency Operating Budget be approved, as shown in Attachment 1 of the Report. 5. REVISED 1992-93 CAPITAL IMPROVEMENT PROGRAM BUDGET (330.40) Written Communication: Report dated April 20, 1993, from the Director of Engineering and Building, forwarding a mid -year review of the 1992-93 Capital Improvement Program and summarizing the revised revenues and project changes to accommodate the reduction in revenues. CRA Minutes -2- 4/20/93 1ss Approval of R_ eviised 1992-93 Capital Improvement Budget: It was moved by Director Hausdorfer, seconded by Director Jones, and unanimously carried that the Proposed 1992-93 Mid -Year Capital Improvement Program be approved, as shown in Attachment 1 of the Report. DENIAL OF CLAIM (CARLOS F. NEQRETE)(170.10) Finding for Consideration gf Off -Agenda Item: It was moved by Director Hausdorfer, seconded by Director Campbell, and unanimously carried to find that the following item was not available prior to posting of the Agency agenda and consideration was necessary at this time. Denial of Claim: It was moved by Director Hausdorfer, seconded by Director Campbell, and unanimously carried that the claim received by the Community Redevelopment Agency/City on March 8, 1993, from Carlos F. Negrete in the amount of $10 million, be denied, as set forth in the Report dated April 20, 1993, from the City Attorney. The Board recessed to the Council meeting at 7:40 p.m. and reconvened in Closed Session at 9:00 p.m. for discussion of a decision regarding initiation of litigation per Government Code Section 54956.9(c) and instructions to Executive Director regarding property at 26832 Ortega Highway (Darnold) per Government Code Section 54956.8, the Agency Secretary being excused therefrom, and reconvened at 10:40 p.m. � • 1c .t..��l.r There being no further business before the Board, the meeting was adjourned at 10:40 p.m. to the next meeting date of Tuesday, May 4, 1993, at 2:30 p.m. in the City Council Chamber for a priority setting work session and an update on the Historic Town Center project. Respectfully submitted, CHERYL JOHNSOVAGENCY SECRETARY ATTEST: �4)� kl_� CAROLYN N SH, CHAIRMAN CRA Minutes -3- 4/20/93 171 NOTICE OF ADJOURNMENT OF MEETING OF THE SAN JUAN CAPISTRANO COMMUNITY AGENCY BOARD OF DIRECTORS NOTICE IS HEREBY GIVEN that the Board of Directors of the San Juan Capistrano Community Redevelopment Agency, at its regular meeting of April 20, 1993, adjourned said meeting to Tuesday, May 4, 1993, at 2:30 p.m., in the City Council Chamber. DATED: This 21st day of April, 1993 ( "kA 6 1 e� 4 In Z-4 - CFrERYL JOH SO AGENCY SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO) ) I, CHERYL JOHNSON, declare as follows: That I am the duly appointed and qualified Secretary of the San Juan Capistrano Community Redevelopment Agency; That the above Notice was posted at or near the door of the Council Chamber on April 21, 1993. I declare under penalty of perjury that the foregoing is true and correct. CHERYL JO SON GENCY E ARY