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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. CRA Minutes -1- 1117195 008 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. CRA Minutes -2- 1117195 M 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. CRA Minutes -3- 1117195 010 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, 11 mg / moi' CHERYL• !f •K AGENCY SECRETARY -4- 1117/95