95-0207_CRA_Minutes_Regular Meeting01
FEBRUARY 7, 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 8:40 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,
Director of Community Services; Lt. Paul Sullivan, Chief of Police Services; Nancy Bernardi,
Recording Secretary.
It was moved by Director Nash, seconded by Director Jones, that the stair 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. Y REDEVELOPMENI AQLNCY
REGULAR. MEETING OF JANUARY 3 - 1995
The Minutes of the Regular Meeting of January 3, 1995, were approved as submitted.
2. RECEIVE AND FILE VYAR�ANTS OF JANUARY 18,1995-(300,3Q)
The List of Demands dated January 18, 1995, in the total amount of $165,609.96 was
received and filed.
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012
RECEIVE ILE CASH BALANCES BY FUND FQR DE EMB R 1994 330 50
The Finance Officer's Report of Cash Fund Balances for the month of December 1994 in the
total amount of $400,470.73 was received and filed.
BOARD A TI N
CONSIDERATION OF FUTURE USE OF AGENCY -OWNED PUBLIC
PARKING LOT, 31892 CAMINO CAPISTRANO (DMMO/GALERIA
CAPISTRANO) (600.40)
Written Communication-:
Report dated February 7, 1995, from Cassandra Walker, Community Development
Administrator, advising that the prospective buyer of the Judge Egan House would change
the use from retail to restaurant. The restaurant use would require 21 parking spaces on site;
8 spaces currently exist. The report advised that the prospective buyer had entered into a
joint parking agreement with Birtcher Pacific, the adjacent property owner, to provide the
additional spaces. The joint agreement was for a 5 -year period with a 90 -day cancellation
clause. The report recommended that the Agency agree to enter into a joint parking
agreement with Gary Pittario, the prospective buyer of the property, should the existing five-
year joint parking agreement with Birtcher Pacific be terminated.
Ms. Walker made an oral presentation. She noted that it was the intent of the CRA to be
compensated for use of the public lots should the joint parking agreement with Birtcher
Pacific be terminated.
_Agreement to Enter into Joint Parking Agreement with Mr. Gary Pittario:
It was moved by Director Jones, seconded by Director Nash, and unanimously carried that
the Agency agree to enter into a joint parking agreement with Mr. Gary Pittario, prospective
owner of the Judge Egan House, if the existing joint parking agreement with Birtcher Pacific
was terminated. The Executive Director was authorized to execute the joint parking
agreement at such time as it became necessary.
The Board recessed to the Council meeting at 8:45 p.m. and reconvened in Closed Session at 10:26
P.M. for:
Conference with Real Property Negotiator per Government Code Section 54956.8 for
property located at Capistrano Depot, with Henderson & Rancho Capistrano Limited
Partnership as negotiating parties, 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 two cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases; and
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013
Liability Claims per Government Code Section 54956.95, M&M Jewelers, et a1; San Juan
Partners claimants, against Community Redevelopment Agency.
The Agency Secretary was excused therefrom, and the meeting reconvened at 11:34 p.m.
ACTIONS FOLLQWING CLOSED SESSION
Mr. Denhalter advised that direction had been given to Counsel as follows:
1. The Board authorized the Agency to proceed to eviction of the tenant and termination of the
lease. The action was approved by a 4-0-1 vote, with Director Jones absent.
2. There was no action to report on this item.
3. The Board authorized a demand letter to be sent to San Juan Partners seeking indemnity for
claims that have been filed against the Agency and the City. The action was approved by a
4-0-1 vote, with one abstention.
ADJQURNMEN:[
There being no further business before the Board, the meeting was adjourned at 11:35 p.m. to the
next regular meeting date of Tuesday, February 21, 1995, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JOI&SCK, AGENCY SECRETARY
ATTEST_
DAVID SWERDLIN, CHAIRMAN
CRA Minutes -3- 217/95