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98-1006_CRA_Minutes_Regular MeetingOil OCTOBER 6, 1998 REGULAR MEETING OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS CLOSED SESSION (610.85) None RECESS UNTIL 7:00 P.M. BUSINESS SESSION The Regular Meeting of the Board of Directors of the City of San Juan Capistrano Community Redevelopment Agency was called to order by Chairman Hart at 7:21 p.m. in the City Council Chamber. ROLL CALL: PRESENT: Wyatt Hart, Chairman David M. Swerdlin, Vice Chairman Collett Campbell, Director John Greiner, Director Gil Jones, Director ABSENT: None STAFF PRESENT: George Scarborough, Executive Director; Thomas Tomlinson, Deputy Director; John Shaw, Interim Agency Counsel; Cynthia L. Pendleton, Finance Officer; Cheryl Johnson, Agency Secretary; Jennifer Murray, Assistant City Manager; William Huber, Director of Engineering and Building Services; Al King, Director of Community Services; Lt. Paul Sullivan, Orange County Sheriffs Department; Bonnie Sanchez, Recording Secretary. CONSENT CALENDAR It was moved by Director Jones, seconded by Director Greiner that the staff recommendations be accepted for the following items listed on the Consent Calendar. The motion carried by the following vote: AYES: Directors Swerdlin, Greiner, Jones, Campbell, and Chairman Hart NOES: None ABSENT: None APPROVAL OF MINUTES - REGULAR MEETING OF SEPTEMBER 1, 1998 The Minutes of the Regular Meeting of September 1, 1998, were approved as submitted. CRA Minutes -1- 10/6/98 012 2. RECEIVE AND FILE CRA WARRANTS OF SEPTEMBER 10, 1998 (300.30) The List of Demands dated September 10, 1998, in the total amount of $47,544.77, was ordered received and filed. BOARD ACTIONS ADOPTION OF RESOLUTION APPROVING A FIRST AMENDMENT TO THE EXCHANGE AGREEMENT WITH TOM TRULIS (PARCEL 5 OF PARCEL MAP 92-123/LOWER ROSAN)(600.40) Director Jones advised he would abstain on this item due to a conflict of interest relating to its proximity to his business/residence. Written Communication: Report dated October 6, 1998, from the Senior Management Analyst II, advising that in 1990, the Redevelopment Agency negotiated an Agreement for Exchange of Real Property to exchange 2 acres owned by Tom Trulis in the Los Rios District for 6 acres owned by the Agency in the Lower Rosan Ranch, in order to relocate Mr. Trulis' business, Solag Disposal, out of the Los Rios site. Opposition to the Solag Disposal use on the Lower Rosan property led to Mr. Trulis acquiring a site on the Rancho Santa Margarita property off Ortega Highway in unincorporated county area. Staff negotiated an amendment to the exchange agreement which abandons the land exchange in lieu of an outright purchase of the Los Rios property for $1.2 million. The Senior Management Analyst II made an oral presentation, recommending approval of the amendment to the Exchange Agreement. Approval of First Amendment to Exchange Agreement: It was moved by Director Swerdlin and seconded by Director Greiner, that the following resolution be adopted: RESOLUTIONNO CRA 98-10-6-1, APPROVING FIRST AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY DATED MARCH 1990 (TRULIS/PARCEL 5, PARCEL MAP 92-123) - A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE FIRST AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY BY AND BETWEEN TOM AND JASMINE TRULIS AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, DATED MARCH 1990, FOR CERTAIN PROPERTY WITHIN THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA (PARCEL 6, PARCEL MAP 92-123) The motion carried by the following vote: CRA Minutes -2- 10/6/98 013 AYES: Directors Campbell, Greiner, Swerdlin, and Chairman Hart NOES: None ABSTAIN: Director Jones ABSENT: None 2. ADOPTION OF RESOLUTION APPROVING THE EXECUTION OF A LOAN AGREEMENT AND ACCOMPANYING PROMISSORY NOTE BY AND BETWEEN THE CITY AND REDEVELOPMENT AGENCY (TRULIS/PARCEL 5 OF PARCEL MAP 92-123)(600.40) Director Jones advised he would abstain on this item due to a conflict of interest relating to its proximity to his business/residence. Written Communication: Report dated October 6, 1998, from the Senior Management Analyst II, forwarding a proposed loan agreement with the Community Redevelopment Agency to loan the Agency the $400,000 down payment for its purchase of Tom Trulis' Los Rios property, known as Parcel 5 of Parcel Map 92-123. The report advised that in 1990 Mr. Trulis and the Agency entered into an agreement to exchange 6 acres owned by the Agency, known as a portion of the Lower Rosan Ranch, for 2 acres owned by Mr. Trulis in the Los Rius District, in order to facilitate the move of Mr. Trulis' business, Solag Disposal, out of the Los Rios area. Since that time, Mr. Trulis has obtained a site on the Rancho Santa Margarita property in the County unincorporated area off Ortega Highway and has relocated the majority of his operations to that site. Mr. Trulis no longer needs the Lower Rosan site, but does need funds to develop the new site. Agency staff proposed outright purchase of the Los Rios property. The Loan will be repaid when the current suspension on certain building permits during the General Plan update has been lifted and the Lower Rosan Ranch site has been sold. The Senior Management Analyst II made an oral presentation. Adovttion of Resolution It was moved by Director Greiner, and seconded by Director Swerdlin that the following Resolution be adopted: RESOLUTION NO. CRA 98-10-6-2, APPROVING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND APPROVING AND AUTHORIZING THE EXECUTION OF PROMISSORY NOTE (TRULIS/PARCEL 5, PARCEL MAP 92-1231- 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 CRA Minutes -3- 10/6/98 014 The motion carried by the following vote: AYES: Directors Campbell, Greiner, Swerdlin and Chairman Hart NOES: None ABSTAIN: Director Jones ABSENT: None 3. CONTINUATION OF CONSIDERATION OF OWNER PARTICIPATION AGREEMENT (OPA) WITH BEN WESELOH (WESELOH CHEVROLET/HONDA) (600.40) Written Communication: Report dated October 6, 1998, from the Senior Management Analyst II, advising that Ben Weseloh had proposed to develop a new Chevrolet dealership and relocate and expand his existing Honda store to the northwest corner of Camino Capistrano and Stonehill Drive. Due to the topography of the site, extensive off-site improvements to be made, and widening of Camino Capistrano to its full four -lane width, Mr. Weseloh had requested funding assistance from the Agency. The Report forwarded a proposed Owner Participation Agreement to fund the cost of the necessary public improvements. The Senior Management Analyst II advised that Mr. Weseloh had requested this item be continued. Applicant's Representative Stephen Julian, 31878 Del Obispo, requested a continuance of this item to the next meeting in order to resolve issues remaining between the Agency and Mr. Weseloh. Motion to Continue It was moved by Director Campbell, seconded by Director Jones, and unanimously carried to continue this item to the October 20, 1998, meeting. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 7:26 p.m. to the next regular meeting date of Tuesday, October 20, 1998, at 5:30 p.m., in the City Council Chambers. Respectfully submitted, ATTEST: CHERYLJO SC ,AGENCYSECRETARY WYATT H I T, CHAIRMA CRA Minutes -4- 10/6/98