03-0902_CRA_Minutes_Regular MeetingMINUTES
September 2, 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 10:37 p.m.
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: Pamela Gibson, Interim Executive Director; Thomas Tomlinson,
Deputy Director; John Shaw, Agency Counsel; Meg Monahan, Agency Secretary;
Cynthia L. Russell, Finance Officer; William M. Huber, Engineering and Building
Director; Douglas Dumhart, Principal Management Analyst; Al King, Jr., Community
Services Director; Lt. J. B. Davis, Chief of Police Services; Eric Bauman, Water
Engineering Manager; and Eileen White, Recording Secretary.
CONSENT CALENDAR
Board Action: Moved by Director Bathgate, seconded by Director Gelff and carried
unanimously, 5-0, to approve items 1 through 3 as recommended by staff.
1. MINUTES FROM THE REGULAR MEETING OF AUGUST 5, 2003, APPROVED
AS SUBMITTED.
2. CRA ACCOUNTS PAYABLE WARRANTS DATED AUGUST 7, 2003, IN THE
AMOUNT OF $125,731.26, RECEIVED AND FILED (300.30).
3. REPORT OF INVESTMENTS - MONTH ENDING JULY 31, 2003, RECEIVED
AND FILED (350.30)
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BOARD ACTIONS
C1. SETTLEMENT AGREEMENT AND RELEASE WITH SOUTH ORANGE
COUNTY COMMUNITY COLLEGE DISTRICT IN THE AMOUNT OF $78,052.00
APPROVED (SOCCCD)("DISTRICT") (600.40)
Project Description: A recent court of appeals decision found that a provision in
the Health and Safety Code required school and community college districts to
elect to receive the so-called two -percent annual increase in property tax. The
Agency and District determined which project areas were affected by the
decision, calculated the payments not made and credited payments made in
error, and reached an agreement to clean-up pending matters between the
Agency and District and settle all prior years claims. Staff recommends approval
of the Settlement Agreement.
Written Communications: Report dated September 2, 2003, from Douglas
Dumhart, Principal Management Analyst.
Presentation: Douglas Dumhart, Principal Management Analyst, summarized the
staff report.
Board Action: Moved by Director Swerdlin, seconded by Director Gelff, and
carried unanimously, 5-0, to approve the Settlement Agreement and Release
with South Orange County Community College District.
C2. AGREEMENT APPROVED BETWEEN THE AGENCY AND SAN JUAN
PARTNERS FOR CERTAIN IMPROVEMENTS; $18,000 APPROPRIATED
FROM THE AGENCY'S CAPITAL IMPROVEMENT FUND (CIP) RESERVES,
AND THE CHAIRMAN AUTHORIZED TO EXECUTE THE AGREEMENT(31766
& 31768 CAPISTRANO)(CHICOS')(600.40)
Project Description: As part of the Mission Promenade redevelopment, San Juan
Partners had an obligation to make certain Phase 2 improvements which were
not implemented. In the alternative, San Juan Partners agreed to fund the cost of
securing an "A" credit tenant (Chico's) at Mission Promenade in exchange for
waiving the Phase 2 courtyard improvements and funding the parking lot
resurfacing and lighting. Staff recommends the Agency accept the proposal to
substitute the Swallows rear patio and sign Chico's to a lease, in exchange for
waiving the Phase 2 courtyard improvements and funding the parking lot
resurfacing and lighting.
Written Communications: Report dated September 2, 2003, by Douglas
Dumhart, Principal Management Analyst.
Presentation: Douglas Dumhart, Principal Management Analyst, presented the
staff report.
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Director Swerdlin opposed the agreement due to the clause allowing Chico's to
relocate should the store fail to meet projected sales.
Council Action: Moved by Vice Chairman Soto, seconded by Director Gelff, and
carried 4-1, with Director Swerdlin opposing, to approve the agreement between
the Community Redevelopment Agency and San Juan Partners for certain
improvements; appropriate $18,000 from the Agency's Capital Improvement
Fund Reserves; and authorize the Chairman to execute the agreement.
ROLL CALL
AYES: DIRECTORS
NOES: DIRECTORS
ABSTAIN: DIRECTORS
ADJOURNMENT
Chairman Hart, Vice Chairman Soto, Bathgate
and Gelff
Swerdlin
None
_ There being no further business, Chairman Hart adjourned the meeting at 10:48 p.m. to
a regular meeting, Tuesday, September 16, 2003, at 5:30 p.m. for Closed Session and
7:00 p.m. for the Public Business Session in the City Council Chamber.
Respectfully submitted,
VL,–
�
V l—
MRG RET R. MONAHAN, SECRETARY
October 7, 2003
ATTEST:
09-02-2003