03-0603_CRA_Minutes_Regular MeetingMINUTES
June 3, 2003
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS
CLOSED SESSION (610.85) - None
Chairman Hart called the Regular Meeting of the Board of Directors of the San Juan
Capistrano Community Redevelopment Agency to order at 8:10 p.m. in the City Council
Chamber.
ROLL CALL
BOARD MEMBERS PRESENT: Diane Bathgate, David M. Swerdlin, John S. Gelff, Vice
Chairman Joe Soto and Chairman Wyatt Hart
BOARD MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, Executive Director; John Shaw, Agency Counsel;
Meg Monahan, Agency Secretary; Cynthia L. Russell, Chief Financial Officer; William
Ramsey, Principal Planner; William M. Huber, Engineering and Building Director; Amy
Amirani, Public Works Director; AI King, Jr., Community Services Director; Lt. J.B. Davis,
Chief of Police Services; and, Dawn Schanderl, Deputy City Clerk.
CONSENT CALENDAR
Board Action: Moved by Vice Chairman Soto, seconded by Director Swerdlin and carried
unanimously, 5-0, to approve items 1 through 4 as recommended by Staff.
MINUTES FROM THE REGULAR MEETING OF MAY 6, 2003, APPROVED AS
SUBMITTED.
2. CRA WARRANTS DATED MAY 6, 2003, IN THE AMOUNT OF $172,013.04
RECEIVED AND FILED. (300.30)
3. REPORT OF INVESTMENTS, MONTH ENDING APRIL 30, 2003, RECEIVED AND
FILED. (350.30)
CRA Minutes 1 6-3-03
4. CASH BALANCES BY FUND -APRIL 30, 2003, RECEIVED AND FILED (330.50)
BOARD ACTIONS:
C1. SETTLEMENT AGREEMENT APPROVED WITH RALPH BERTOLINO RELATING
TO THE RENT INCREASE DISPUTE FOR PROPERTY LOCATED AT 26755
VERDUGO STREET (VAQUERO WEST MERCANTILE) (600.40)
Project Description: In 1990, the Redevelopment Agency acquired the leasehold
interest of 26755 Vertigo Street. This lease is referred to as the "1971 Lease". In
1992, the Agency also leased the building to Vaquero West Mercantile for the
operation of a retail western wear establishment. Under the terms of the 1971
Lease, the ground rent was to be reset in 1996 to 8% of the value of the leased
premises. The dispute is between the Agency and Ralph Bertolino as to whether
the leased premises refers to just the footprint of the building or all the land of Lot
4 on which the building sits. The footprint of the building is nearly 3,700 square feet
and the land area of Lot 4 including the building footprint is approximately 12,750
square feet. A Settlement Agreement has been arrived at to resolve the dispute in
which the Agency agrees to pay back rent in the amount of $239,815 and transfer
all of the Agency's rights in the 1971 lease to Bertolino. Staff recommends
approving the Settlement Agreement.
Written Communications: Report dated June 3, 2003, from Douglas D. Dumhart,
Principal Management Analyst.
Presentation: Douglas D. Dumhart, Principal Management Analyst, reviewed the
staff recommendation.
Public Comments:
Ken Hass, representing Ralph Bertolino, supported the agreement.
Board Action: Moved by Director Swerdlin, seconded by Director Gelff and carried
unanimously, 5-0, to approve the Settlement Agreement with Ralph Bertolino and
Chairman authorized to execute the documents.
ADJOURNMENT
There being no further business, Chairman Hart adjourned the meeting at 8:14 p.m. to a
Regular meeting, Tuesday, June 17, 2003, at 5:30 p.m. for Closed Session and 7:00 p.m.
for the Public Business Session in the City Council Chamber.
CRA Minutes 2 6-3-03
Respectfully submitted,
(C
R. MONAHAN, SECRETARY
July 15, 2003
ATTEST:
CHAIRM v
HART
CRA Minutes 3 6-3-03