95-0606_CRA_Minutes_Regular Meeting063
JUNE 6, 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 8:35 p.m. in the City Council Chamber.
ROILT. 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.
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Proposal:
Joint public hearing held to introduce the Fiscal Year 1995-96 Operating Budget for initial
consideration and discussion.
Written Communication:
Report dated June 6, 1995, from the Finance Officer, recommending that the Fiscal Year
1995-96 Operating Budget be received to begin discussions regarding reductions and
additions for the year.
Mr. Scarborough provided a general overview of the proposed budget, with Ms. Pendleton
giving a more detailed explanation.
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nHearing:
Notice having been given as- required by law, Mayor Nash opened the Public Hearing, and
there being no response, it was moved by Chairman Swerdlin, seconded by Director Hart, and
unanimously carried that the Fiscal Year 1995-96 Operating Budget be received and the
hearing continued to the meeting of June 20, 1995, for further discussion.
CONSENT !CALENDAR
It was moved by Director Campbell, seconded by Director Jones, 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
a. Regular Meeting of M&y, 1995
The Minutes of the Regular Meeting of May 2, 1995, were approved as submitted.
The Minutes of the Special Meeting of May 12, 1995, were approved as submitted.
The List of Demands dated May 12, 1995, in the total amount of $610,732.33 and the List
of Demands dated May 26, 1995, in the total amount of $134,592.92 were received and filed.
The following item was removed from the -Consent Calendar for discussion, as requested by staff.
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Written Communication:
Report dated June 6, 1995, from the Finance Officer, recommending that Council Policy No.
12 be adopted establishing a standard process for the administration of City/Community
Redevelopment Agency residential and commercial lease agreements when a breach of lease
occurs. The Policy provides that both residential and commercial rents shall be negotiated
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at fair market value, with the exception of low- and moderate -income properties and facilities
for non-profit entities.
Ms. Pendleton recommended that minor modifications be made to the proposed Policy with
regard to Residential Section A(1) and Exhibit 1.
Adoption of Council Policy No. 12:
It was moved by Director Hart, seconded by Director Jones, and unanimously carried that
Council Policy No. 12, Administration of City and Agency Lease Agreements, be adopted
with the following modifications suggested by staff:
Residential Section A(1): The phrase, "no later than the last day of the
month," was deleted.
Exhibit 1: The second sentence of the first paragraph was modified to read "It is very
important that your rent be paid in full unless other arrangements can be made." The
last paragraph was deleted.
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Written Communication:
Report dated June 6, 1995, from Cassandra Walker, Community Development Administrator,
recommending that the contract with Archaeological Advisory Group be approved in the total
amount of $23,356 to complete the archaeological report for Franciscan Plaza, Phase II. The
Report noted that the current Court -Appointed Receiver agreed to pay for the completion of
the report by deducting the cost of the report from the City's lease payment associated with
the parking structure lease.
Approval of Contract with Archaeoloy.cal Advisory Group:
It was moved by Director Nash, seconded by Director Jones, and unanimously carried that
the contract with Archaeological Advisory Group be approved in the total amount of
$23,356, for the period ending June 30, 1996, to complete the archaeological report for
Franciscan Plaza, Phase H.
2. DI 31766-
31768 CAMINO CAPISTRANO (670.70)
Written Communication:
Report dated June 6, 1995, from Cassandra Walker, Community Development Administrator,
forwarding the following three options to consider for the disposition of the Moonrose/San
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Juan Antique building located at 31766-31768 Camino Capistrano: 1) demolition of the
building, 2) continued lease of the building, and 3) sale of the building.
&pT0AjQ Demolish Properties at 31766-31768 Camino Capistro:
It was moved by Director Hart, seconded by Director Jones, that Option #1 be approved to:
1) demolish the properties located at 31766-31768 Camino Capistrano; 2) continue the
public parking; and 3) relocate the existing tenants. The motion carried by a 4-1 roll call vote,
with Chairman Swerdlin voting in opposition. Chairman Swerdlin cited his preference for
selling the building in order to recover Agency funds.
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The Board recessed to the Council meeting at 8:50 p.m. and reconvened in Closed Session at 9:50
p.m. for:
Conference with Real Property Negotiator per Government Code Section 54956.8 for
property located at the Capistrano Depot, 26701 Verdugo Street, with Cedar Creek Inn as
negotiating party, to consider price and terms of payment;
2. Conference with Real Property Negotiator per Government Code Section 54956.8 for
property located at the Old Elementary School site at the comer of El Camino Real and
Acjachema, Parcels A and B on Parcel Map 80-853, and related parcels, with Capistrano
Valley Unified School District as negotiating party, to consider price and terms of payment;
3. Conference with Real Property Negotiator per Government Code Section 54956.8 for
property located at 31731 Paseo Adelanto, with Solag Disposal Services as negotiating party,
to consider price and terms of payment-,
4. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in three cases, and Government Code
Section 54956.9(c), the initiation of litigation in two cases;
5. Liability Claims per Government Code Section 54956.95, M&M Jewelers, et al, claimant,
against the San Juan Capistrano Community Redevelopment Agency; and
6. Liability Claims per Government Code Section 54956.95, San Juan Partners, claimant, against
the San Juan Capistrano Community Redevelopment Agency,
The Agency Secretary was excused therefrom, and the meeting reconvened at 11:15 p.m.
31.141 / // h
Mr. Denhalter advised there was no action to report on any of the items.
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There being no further business before the Board, the meeting was adjourned at 11:15 p.m. to the
next regular meeting date of Tuesday, June 20, 1995, at 7:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL JO ON, AGENCY SECRETARY
ATTEST:
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CITY OF SAN JUAN CAPISTRANO
NOTICE OF 51!ECIAL MEETIN
THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA., HEREBY GIVES
NOTICE THAT A SPECIAL MEETING WILL BE HELD ON WEDNESDAY,
JUNE 14, 1995, AT 7:30 P.M. IN THE SAN JUAN CAPISTRANO CITY
COUNCIL CHAMBER FOR THE PURPOSE OF HOLDING A CLOSED
SESSION REGARDING THE FOLLOWING:
Conference with Real Property Negotiator pursuant to Government
Code Section 54956.8, for property located at the Capistrano Depot,
26701 Verdugo Street, with negotiating parties, Cedar Creek
Inn/Magic Holding Company, Inc., to consider price and terms of
payment.
Conference with Real Property Negotiator pursuant to Government
Code Section 54956.8, for property located at 31766 and 31768
Camino Capistrano, San Juan Capistrano, with negotiating parties,
Crow, Boehm, and San Juan Partners, to consider price and terms of
payment.
3. Conference with Legal Counsel - Anticipated Litigation, pursuant to
Government Code Section 54956.9(b), for significant exposure to
litigation in 2 cases.
4. Liability Claims pursuant to Government Code Section 54956.95,
M & M Jewelers, etc., et al., claimant, against the San Juan
Capistrano Community Redevelopment Agency.
Liability Claims pursuant to Government Code Section 54956.96, San
Juan Partners, claimant, against the San Juan Capistrano Community
Redevelopment Agency.
DATED: June 7, 1995
i
DAVID SWERDLIN, CHAIRMAN
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070
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
I HEREBY CERTIFY that a copy of the Notice of Special Meeting of the San Juan
Capistrano Community Redevelopment Agency of the City of San Juan Capistrano, California, to be
held on Wednesday, June 14, 1995, at 7:30 p.m., was mailed and/or notice accepted by telephone or
personally delivery not less than twenty-four hours before the hour of 7:30 p.m., Wednesday, June 14,
1995, to:
David Swerdlin, Chairman
Carolyn Nash, Vice Chairman
Collene Campbell, Director
Wyatt Hart, Director
Gil Jones, Director
The Register
Capistrano Valley News
Los Angeles Times
I declare under penalty of perjury that the foregoing is true and correct.
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