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93-1207_CRA_Minutes_Regular Meeting237 DECEMBER 7, 1993 REGULAR MELrTING OF THE SAN 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 Nash at 8:39 p.m. in the City Council Chamber. ROLL CALL- PRESENT: Carolyn Nash, Chairman Collene Campbell, Director Gil Jones, Director ABSENT: Gary L. Hausdorfer, Director Jeff Vasquez, Director STAFF PRESENT: George Scarborough, Executive Director; Dick Bobertz, Planning Manager; Richard K. Denhaltcr, Agency Counsel/City Attorney; Cynthia L. Pendleton, Finance Officer; Cheryl Johnson, Agency Secretary; William Huber, Director of Engineering and Building Services; Al King, Jr., Director of Community Services; Lt. Paul Sullivan, Orange County Sheriffs Department; Nancy Bernardi, Recording Secretary. The Minutes of the Regular Meeting of November 2, 1993, were approved as submitted as part of the City Council Consent Calendar. WJ_.1M Cil: i;K .i t:W 1. RESOLUTION MAKIN FINDINGS REGARDING AGENCY-5AGENCY-5 ABILITY TO MEET PROPERTY TAX SHIFT UNDER SENATE BILL 1135 (340.30) Pr : Consideration of a proposed Resolution making findings regarding the Agency's inability to meet its allocation under Senate Bill 1135, and authorizing a loan from the Low- and Moderate -Income Housing Fund for this allocation. Written Communication: Report dated December 7, 1993, from the Finance Officer, recommending that the proposed Resolution be adopted showing the existence of the Agency debt prior to September 16, 1992, debt payments for fiscal year 1993-94, total projected tax increment, and total project low and moderate set-aside funds. Ms. Pendleton made an oral presentation. Public Hearing: Notice having been given as required by law, Chairman Nash opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Adoption of Resolution Re: Senate Bill 1135 Allocation: It was moved by Director Jones, seconded by Director Campbell, that the following Resolution be adopted certifying the Agency's inability to meet its allocation under Senate Bill 1135 and authorizing a loan in the amount of $107,809 from the Low- and Moderate -Income Housing Fund for this allocation: CRA Minutes -1- 12/7/43 238 RUOLUTION NO, CRA 93-12-7-1. FINDINGS REGARDING THE AGENCY'S ABILITY TO MEET THE PROPERTY TAX SHIFT UNDER SENATE BILL 11 - A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, MAKING CERTAIN FINDINGS REGARDING THE AGENCY'S ABILITY TO MEET ITS REQUIRED PROPERTY TAX SHIFT UNDER SENATE BILL 1135 The motion carried by the following vote: AYES: Directors Campbell, Jones, and Chairman Nash NOES: None ABSENT: Directors Hausdorfer and Vasquez BOARD ACTIONS 1. RECEIVE AND FILE WARRANTS OF NOVEMBER 1993 (30L) It was moved by Director Campbell, seconded by Director Jones, and unanimously carried that the List of Demands dated October 31, 1993, in the total amount of $2,357.50, and the List of Demands dated November 24, 1993, in the total amount of $336,393.44 be received and filed. 2. ANNUAL REPORT OF THE SAN JUAN CAPISTRRANO IMMUNITY REDEVEIDPMENT AGENCY_- JULY I, 1992, THROUGH JUNE 30, 199 _(470.10) Written Cominuniesiion: Report dated December 7, 1993, from the Executive Director, forwarding the Agency's Annual Report pursuant to Section 33080.1 of the California Health and Safety Code, including a summary of the activities within the Community Redevelopment Agency Project Area. Receipt and Filing of Report: It was moved by Director Campbell, seconded by Director Jones, and unanimously carried that the Agency's Annual Report for fiscal year 1992-93 be received and filed. 3. CONSIDERATION OF REQUEST FOR REIMBURSEMENT OF ARCHAEOLOGICAL CQSTS FOR FRANCISCAN PLAZA, PHASE II (FARBER) M.401 Director Jones indicated he would abstain in this matter because of the proximity of his residence to this project. Mr. Denhalter advised that this matter could still be acted upon by the majority of the Directors present. Written C mmunication: Report dated December 7, 1993, from the Director of Administrative Services, recommending that the applicant be reimbursed for 50% of his archaeological costs during the construction of Franciscan Plaza II, in accordance with Council Policy No. 604, which provides for City reimbursement of 50% of ` evaluation testing costs. The Report further recommended that the applicant's request for an additional 25% reimbursement for mitigation costs be referred to staff for recommendation to the Council in January 1994. Ms. Pendleton made an oral presentation. The applicant, Paul Farber, 31831 Camino Capistrano, Suite 100, noted the financial hardships he has endured since the inception of the project, including $250,000 for restoration work; and, his commitment to maintaining the integrity of the City. He noted the attention to detail used in restoring the cistern CRA Minutes -2- 12/7/93 239 and the Avila Adobe and explained that the archaeological costs and preservation work for Phase II were much more than anticipated. He felt that his request for a total of 50% reimbursement for the mitigation costs was a fair compromise to preserve a portion of the City's history and to secure a suitable tenant for the site. ARUr-gyval of Reimbursement and Dir in to Review R Additional 25% Reimbursement: It was moved by Director Campbell, seconded by Chairman Nash, that reimbursement of 50% of the archaeological costs incurred by Franciscan Plaza for Phase II be authorized in accordance with Council Policy No. 604 in the amount of $63,676. Staff was directed to review the applicant's request for an additional 25% reimbursement of mitigation costs and to prepare a report for City Council consideration in January 1994. The motion carried by a 2-0-1 vote, with Director Jones abstaining. None. Fill V I• 1� cul _� There being no further business before the Board, the meeting was adjourned at 8:50 p.m. to the next regular meeting date of Tuesday, December 21, 1993, at 7:00 p.m. in the City Council Chamber. That meeting will not be held, and the next meeting will be held January 4, 1994. Respectfully submitted, CHERYL JOH ON, GENCY SECRETARY ATTEST: � 2�- CAROLYN H, CHAIRMAN CRA Minutes -3- 12/7/43 241 NOTICE OF ADJOURNMENT OF MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DUE TO LACK OF QUORUM NOTICE IS HEREBY GIVEN, that the Regular meeting of the Community Redevelopment Agency of the City of San Juan Capistrano, California, scheduled for December 21, 1993, due to lack of quorum of said Community Redevelopment Agency, the undersigned Agency Secretary thereupon declared said meeting adjourned to Tuesday, January 4, 1994, at 7:00 p.m., in the San Juan Capistrano City Council Chamber, 32440 Paseo Adelanto, San Juan Capistrano. DATED: December 21, 1993 LOOMOns e ,� STATE OF CALIFORNIA ) COUNTY OF ORANGE } SS AFFIDAVIT OF POST'II�1G CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, Secretary of the Community Redevelopment Agency of the City of San Juan Capistrano do hereby declare that the above Notice was posted at or near the door of the City Council Chamber on December 21, 1993, at 7:00 p.m. I declare under penalty of perjury that the foregoing is true and correct. Cheryl o n, Agency Secretary San Juan Capistrano, California