95-0117_CRA_Minutes_Regular Meeting007
JANUARY 17, 1995
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 Swerdlin at 7:24 p.m. in the City Council Chamber,
ROLL CALL: PRESENT: David Swerdlin, Chairman
Carolyn Nash, Vice Chairman
Collene Campbell, Director
Wyatt Hart, Director
Gil Jones, Director
ABSENT: None
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, Chief of Police Services; Nancy Bernardi,
Recording Secretary.
CONSENT CALENDAR
It was moved by Director Jones, seconded by Director Nash, that the staff recommendations be
accepted for the following items listed on the Consent Calendar. The motion carried by the following
vote:
AYES: Directors Campbell, Hart, Jones, Nash, and Chairman Swerdlin
NOES: None
ABSENT: None
1. RECEIVE AND FILE WARRANTS OF DECEM13R 19. 1994- AMID
JAMIARY 4, 1995 340.301
The List of Demands dated December 19, 1994, in the total amount of $23 9,23 3,8 1, and the
List of Demands dated January 4, 1995, in the total amount of $251,023.58 were received
and filed.
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2. RECEIVE AND FILE FINANCE OFFICE'S REPORT OF INVESTMENTS AS OF
DECEMBER 1994_,350.30
The Finance Officer's Report of Investments as of December 31, 1994, in the total amount
of $1,733,790.98 was received and filed.
The following item was removed from the Consent Calendar at the request of Director Hart.
RATIFICATION OF THE FIRST AMENDMENT TO THE DEPOT LEASE
AGREEMENT {RANCHO CAPISTRANO _ LINED PARTNERSHIPI
APISTRANO DEPOT. 26701 VERDLIGO STREET)(600,40)
Director Jones advised he would abstain on this item due to a potential conflict of interest relating
to the proximity of the Depot to his business/residence.
Written Communication:
Report dated January 17, 1995, from the Community Development Manager, advising that
the First Amendment to the Depot Lease Agreement with Rancho Capistrano Limited
Partnership was approved by the City Council/Community Redevelopment Agency on
January 3, 1995; however, several exhibits were in draft form at that time. The report
included the finalized exhibits and recommended ratification of the Agency Board's action to
confirm their review of the documents. The report further advised that the January 3, 1995
action was valid and the agreement was legal.
In response to an inquiry by Director Hart, Mr. Scarborough indicated that the proposed
Amendment had not yet been signed and that Rancho Capistrano Limited Partnership
requested a one-week extension. He noted that if Rancho Capistrano Limited Partnership did
not pay Trackside Dining the $162,000 for assignment of the lease by January 31, 1995, the
Lease would not go forward.
It was moved by Director Hart that an appraisal of the property be made and the property be
made available for sale if the Lease Amendment was not signed by the requested one-week
extension. The motion died due to lack of a second.
The Agency Counsel advised that comments and input received at the January 3rd public
hearing had been considered, with some being incorporated into the proposed Lease
Amendment. He fiuther advised that minor corrections had also been made to the proposed
Lease Amendment. He noted that the proposed Amendment was in its final draft form and
was ready for execution by both parties. He indicated that the Amendment, in its present
form, had been presented to the new Lessee, who requested a one-week time extension to
address financial issues. He suggested that the City make a "take -it -or -leave -it" offer to the
Lessees. He noted that Director Hart's motion would require the City to deal with the
existing tenant who has an existing lease on the property.
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Ratification of Lease Amendment:
It was moved by Director Campbell, seconded by Chairman Swerdlin, that the First
Amendment to the Depot Lease Agreement with Rancho Capistrano Limited Partnership be
ratified, with the condition that if the Lease Amendment is not signed by January 31, 1995,
the Agency will review its options, including the potential for sale of the property. The
motion carried by the following vote:
AYES: Directors Campbell, Nash and Chairman Swerdlin
NOES: Director Hart
ABSTAIN: Director Jones
ABSENT: None
The Board recessed to the Council meeting at 7:25 p.m. and reconvened in Closed Session at 9:08
p.m. for:
1. Conference with Real Property Negotiator per Government Code Section 54956.8 for
properties located at 31752-31762 Camino Capistrano, 26822-26842 Ortega Highway, and
adjacent structures, with San Juan Partners as the negotiating party, to consider price and
terms of payment;
2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in one case, and Government Code Section
54956.9(c), the initiation of litigation in one case; and
3. Liability Claims, per Government Code Section 54956.95, McLaughlin et al claimant, against
the Community Redevelopment Agency.
The Agency Secretary was excused therefrom, and the meeting reconvened at 11:17 p.m.
Mr. Denhalter advised there was no action to report on any of the items.
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ADJOURNMENT
There being no further business before the Board, the meeting was adjourned at 11:17 p.m. to the
next regular meeting date of Tuesday, February 7, 1995, at 7:00 p.m. in the City Council Chamber.
ATTEST:
DA SWERDLIN, CHAIRMAN
CRA Minutes
Respectfully submitted,
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CHERYL• !f •K AGENCY SECRETARY
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