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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. CRA Minutes -I- 2/7/95 012 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 CRA Minutes -2- 2/7/95 013 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