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94-0705_CRA_Minutes_Regular Meeting299 JULY 5, 1994 REGULAR MEETING 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 9:01 p.m. in the City Council Chamber. ROLL CALL: PRESENT: Carolyn Nash, Chairman Collene Campbell, Vice Chairman Gil Jones, Director Jeff Vasquez, Director ABSENT: Gary L. Hausdorfer, Director STAFF PRESENT: George Scarborough, Executive Director; Thomas Tomlinson, Deputy Director; Richard K. Denhalter, 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 June 7, 1994, were approved as submitted as part of the City Council Consent Calendar. •.• �• ��, �•:� � '� • :_ . : .: .11.1 Proposal: Consideration of a request to amend the Disposition and Development Agreement and Promissory Note with the Price Company to allow car dealerships at the Price Club Plaza in exchange for the City retaining 30% of the automobile tax revenues generated by the dealership. Written CommunlcatLQn: Report dated July 5, 1994, from Cassandra Walker, Community Development Manager, recommending that the amendments to the Disposition and Development Agreement and the Promissory Note be approved. Exhibits were on display, and Cassandra Walker, Community Development Manager, made an oral presentation. CRA Minutes -1- 7/5194 300 Public HQring: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and there being no response, closed the hearing with the right to reopen at any time. Board Discussign: Director Vasquez stated he would not support the proposed amendment because he felt the City should not be giving sales tax money back to some of the larger retailers, noting he had also voted against changing the agreement with the Price Club in 1991. He felt this was a trend that created a very competitive environment between cities to discount money needed to operate. Chairman Nash explained that without the proposed Disposition and Development Agreement, the City would receive no sales tax revenue from the dealership. She felt the proposed amendment addressed a unique situation and was not a trend. Mr. Scarborough noted that for the Lincoln(Mercury dealership, sales tax revenues were diverted for the construction of off-site improvements. He explained that under the original Disposition and Development Agreement the Price Company would receive all sales tax generated by the auto dealership because of the existing sales tax distribution requirement. The new agreement separated the auto dealership revenues from the original Disposition and Development Agreement, thereby allowing the City to receive 30% of the sales tax revenue generated by the dealership. Ms. Pendleton noted that the City would receive approximately $90,000 in sales tax revenues from the proposed dealership in the first year of operation. In response to an inquiry by Director Vasquez, she stated that although another use may eventually pass through more of its sales tax revenues to the City, the City would probably still derive more sales tax revenue from the proposed car dealership under the proposed Amendment. Director Vasquez felt that another retailer could eventually occupy that space that would generate enough sales to pass through more sales tax revenues for the City. Adoption of n Approving Development Agreement and Promissory Note: It was moved by Chairman Nash, seconded by Director Jones, that the following Resolution be adopted: RESOLUTION NO. CRA 94-7-5-1_ APPROVINr SECOND AMENDMENT T DISEQSITION NOTE WITH THE PRICE _COMPANY - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT AND PROMISSORY NOTE WITH THE PRICE COMPANY The motion carried by the following vote: CRA Minutes AYES: Directors Campbell, Jones, and Chairman Nash NOES: Director Vasquez ABSENT: Director Hausdorfer -2- 715194 301 2. JOINT PUBLIC HEARINGWITH THE CITY CQUNCIL - FISCAL BLMQEI AND CAPITAL IMPBQYEMENT BUDGETF R THE FIVF, YEARS BEQMING JULY i 1994, AND ENDING JUNE 30. 1999 (330.70) (CONTINUED FROM JUNE 21, 1994) ProposaL Consideration of the five-year Fiscal Budget and Capital Improvement Program for Fiscal Years 1994-99. Written Communication: Report dated July 5, 1994, from the Finance Officer, recommending that the five-year budget and capital improvement program for Fiscal Year 1994-99 be approved and that staff be directed to return with recommendations for selling property to alleviate the projected deficit. Ms. Pendleton made an oral presentation. Public Hearing: Notice having been given as required by law, Mayor Campbell opened the Public Hearing, and the following person responded: (1) Jessica Dean, 27032 Paseo Burladero, on behalf of the San Juan Housing Authority, emphasized the importance for the City to address low- and moderate -income housing in the community at this time. She suggested that the Authority meet with City staff and Council Members to discuss land sales, projects, etc., relating to housing for families and seniors. She requested that the City recognize the Authority as an official housing development corporation. She also requested that staff provide information regarding providing 1,700 affordable rentals in the community through the City's upcoming Housing Opportunities Program. There being no further input, the hearing was declared closed with the right to reopen at any time. Adoption of Resolution A 994-99: It was moved by Director Jones, seconded by Director Campbell, that the following Resolution be adopted: RESOLUTION NO. CRA 94-7-5-2. ADOPTION OF FISCAL OPERATING _BUDGET 1994-99 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING A FIVE-YEAR FISCAL PROGRAM AND OPERATING BUDGET AND AUTHORIZING EXPENDITURES AND APPROPRIATIONS RELATED THERETO The motion carried by the following vote: AYES: Directors Campbell, Jones, Vasquez, and Chairman Nash NOES: None ABSENT: Director Hausdorfer CRA Minutes -3- 715194 302 Staff was directed to evaluate Agency -owned properties and return to the Agency Board of Directors with recommendations regarding the ability to sell property to alleviate the projected debt service fund deficit. Adoption of Resolution Uproying Five -Year Capital Improvement Proms am: It was moved by Director Jones, seconded by Director Campbell, that the following Resolution be adopted: RESOLUTION NQ.—CRA 94-7-5-3, Al2OPTIQN OF 1994-9_ 9 CA21TAL IMPROVEMENT PROGRAM AND AUTHORIZING EXPENDITURE - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING APPROPRIATIONS AND AUTHORIZING EXPENDITURES RELATED TO THE 1994-99 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM The motion carried by the following vote: AYES: Directors Campbell, Jones, Vasquez, and Chairman Nash NOES: None ABSENT: Director Hausdorfer RECEIVE AND FILE WAREANTS FOR JUNE 1994 t300.301 It was moved by Director Hausdorfer, seconded by Director Jones, and unanimously carried that the List of Demands dated June 13, 1994, in the total amount of $511,099.84 and the List of Demands dated June 15, 1994, in the total amount of $13,381.70 be received and filed. The Board recessed to the Council meeting at 9:10 p.m. and reconvened in Closed Session at 10:27 p.m. for: Conference with Real Property Negotiator per Government Code Section 54956.8 for property located at 33949 Doheny Park Road, with Orville Paul as the negotiating parry, to consider price and terms of payment; and 2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section 54956.9(c), for the initiation of litigation in two cases. The Agency Secretary was excused therefrom, and the meeting reconvened at 11:55 p.m. Mr. Denhalter advised there was no action to report on either item. CRA Minutes -4- 7/5/94 303 There being no further business before the Board, the meeting was adjourned at 11:55 p.m. to the next regular meeting date of Tuesday, July 19, 1994, at 7:00 p.m. in the City Council Chamber. Respectfully submitted, CHERYL JOHNSON, WGENCY SECRETARY ATTEST: AROLYN ASH, CHAIRMAN CRA Minutes -5- 715194