09-0805_COASTAL RESOURCE MANAGEMENT_Contract0
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RESOURCE • MANAGEMENT
CONTRACT FOR MANAGEMENT OF RESIDENTIAL PROPERTY
This agreement dated August 5, 2009 is made By and Between, the City of San Juan
Capistrano, whose address is, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
("Owner"), AND COASTAL RESOURCE MANAGEMENT, LLC, whose address is
27312 Calle Arroyo, Suite A, San Juan Capistrano ("Agent.").
1. Agency. The Owner hereby employs the Agent to lease and manage the
Owner's Residential Property located and described as follows: (Address or Legal
Description)
29991 Camino Capistrano, San Juan Capistrano, CA 92675
2. Duties of Agent. In order to properly manage and lease the property, the
Agent shall have the following duties and responsibilities:
A. Best Efforts. The Agent shall use its best efforts to attract and retain
tenants for the property.
B. Lease Negotiations. The Agent shall handle all negotiations with tenants
with respect to leases/rental agreements. All such agreements are subject to
the approval of the Owner. However, the Owner may provide the Agent with
authorization to lease under certain specified terms and conditions.
C. Employees. The Agent shall employ, supervise, discharge, and pay all
employees or independent contractors who are reasonably required in the
proper management and operation of the property. The Agent shall pay all
employees and independent contractors and fully complete all necessary federal
tax returns and payments of related taxes on behalf of the Owner.
D. Supplies. The Agent shall purchase all necessary supplies for the
proper management of the property.
E. Repairs and Maintenance. The Agent shall contract for or undertake the
making of all necessary repairs and the performance of all other necessary
work for the benefit of the property including all required alterations to properly
carry out this contract. However, no expenses shall be incurred for such matters
in excess of three Hundred Dollars ($300.00) for any single item without the
express consent of the Owner, except where required during an emergency.
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F. Mortgages and Other Expenses. From the rents received, the Agent shall
pay all operating expenses and such other expenses as requested by the Owner.
This may include the payment of mortgages or taxes.
G. Miscellaneous. The Agent shall also perform all other necessary tasks and
do all other things as required for the proper management, upkeep and operation
of the property as customarily be performed by a Managing Agent of this type of
property. This includes handling of all inquiries and requests from the tenants.
H. Collection of Rents. The Agent shall collect the rents and other income from
the property promptly when such amounts come due taking all necessary steps
to collect same and performing all reasonable acts on behalf of the Owner for the
protection of the Owner in collection of such amounts.
I. Financial Records. All monies collected by the Agent shall be deposited into a
Trust Account or Accounts as required by the Owner. Such monies of the Owner
shall not become mingled with funds of the Agent. However, the Agent may
withdraw monies from such accounts as necessary to properly perform this
contract and in payment of compensation as required by this contract. The Agent
shall provide the Owner with monthly statements accounting for all expenses and
will open its records to the Owner upon demand.
J. Payments to Owner. The Agent will make payments to the Owner from time
to time, as requested from the funds being held by the Agent.
3. Compensation of Agent. Upon rental of the property, The Owner shall pay the
Agent 50% of the first months rent unless other arrangements have been made. In
addition, the Owner shall pay the agent as compensation for the services of the
Agent the sum of $100.00 Dollars ($100.00) per month, which is % of the
collected rents. These amounts shall be payable to the Agent when such funds
become available form the amounts collected by the Agent according to this contract.
4. Duties of the Owner. The Owner will provide all necessary documents and records
and fully cooperate with the Agent in all matters with respect to this contract. The
Owner will provide the Agent with evidence of insurance which evidence the Agent
shall examine to determine the adequacy of coverage. If necessary, additional
insurance of changes in insurance coverage may be made upon the approval of the
Owner.
5. Indemnity. The Owner shall indemnify and hold the Agent completely harmless with
respect to liability and damages, costs and expenses in connection with any damage or
injury whatsoever to persons or property arising out of the use, management,
operation, occupation, ownership, maintenance or control of the property or out of any
matter or thing with respect to which it is elsewhere in this contract provided or agreed
that the Agent shall not be under responsibility. However, the Owner will not indemnify
the Agent against the willful misconduct of the Agent or any injuries or damages directly
arising out of the Agents errors and omissions.
6. Term of Contract. This contract shall continue for a period of one year from the date
hereof, and shall be automatically renewed from year to year unless terminated by
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either party upon written notice sent to the other party not less than fifteen days before
any expiration.
7. Termination of Contract. The Owner upon giving the Agent thirty (30) days written
notice may terminate the contract at any time.
8. Notices. All written notices to the Owner or to the Agent may be addressed and
mailed, by United States registered mail, to the address above written.
9. Modification. This contract may not be modified, altered, or amended in any manner
except by an agreement in writing executed by the parties hereto.
10. Who is Bound. This contract is binding upon the parties hereto, their
representatives, successors, and assigns.
By: / , Owner
By: , Agent
Christine Kervick, CCAM
COASTAL RESOURCE MANAGEMENT, LLC
271328 Paseo Espada, Suite 1201
San Juan Capistrano, CA 92673
949-234-0297
California Realtor License # 01252846
Member of CAI
Member of CACM
110
Today's Date:_
CIP No. (if any):
•
9/16/2009
Is
CONTRACT TRANSMITTAL
Project Manager's Last Name: Delcamo Phone Extension: 6330
Council or CRA Meeting Date (if applicable):
APPROVING AUTHORITY: (Check One)
Mayor
:CRA Chair
City Manager �OLP y• ) b,IRQc
Transmittal Routing
(Check All That Apply)
® City Attorney
® City Manager
❑ City Clerk
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement:
Names Street City St Zi
OTHER INSTRUCTIONS:
Please sign and forward to the next applicable department. Thank you.
Form Date: 01-2004 D-7
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 4931053 FAx
www. sanjuancapistrano.Org
TRANSMITTAL
TO:
InAANRATED
A (STAILISAR 1961
1776
•
Coastal Resource Management LLC
Attn: Christine Kervick, CCAM
271328 Paseo Espada, Suite 1201
San Juan Capistrano, CA 92673
DATE: September 24, 2009
MEMBERS OF THE CITY COUNCIL
FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310
RE: Contract for Management of Residential Property
Enclosed:
(1) Original, Contract for Management of Residential Property
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIIVAR
MARK NIELSEN
DR LONDRES USED
If you have questions concerning the agreement, please contact Teri Delcamp, Historic
Preservation Manager at (949) 443-6330.
Cc: Teri Delcamp, Historic Preservation Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
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Public Comment:
■ Mike McHenry, City resident, expressed concerns with the fee increase for
the Kindergarten Readiness Program.
Mayor Nielsen closed the public hearing.
Council Comment:
■ Preference in City residents taking priority over non-residents for the
Community Garden plots.
■ The two sessions' of the Kindergarten Readiness Program should be
adjusted to reduce the surplus to zero.
■ Kindergarten Readiness Program's fees should be increase incrementally.
• Preference in subsidizing the Kindergarten Readiness Program over the
Community Garden.
Council Action: Moved by Mayor pro tem Uso, seconded by Mayor Nielsen, and
carried 4-1 with Council Member Allevato opposed to adopt RESOLUTION NO.
09-09-01-03, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, AMENDING RESOLUTION 09-04-21-04 AND
APPROVING THE SCHEDULED OF FEES AND CHARGES FOR CITY
SERVICES; increase of Fiscal Year General Fund revenues by $99,009 and
expenditures by $27,231; and increase Fiscal Year 2009/10 Water Fund revenues
by $7,579; and the Kindergarten Readiness Program to be increase to $28.00 per
day.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
RECESS AND RECONVENE
Hribar, Freese, Uso, and Mayor Nielsen
Allevato
None
Council recessed to convene to the San Juan Capistrano Community Redevelopment
Agency, and reconvened following.
ADMINISTRATIVE ITEMS:
—) G1. COMMUNITY DEVELOPMENT DIRECTOR
a. CITY MANAGER DIRECTED TO NEGOTIATE AND EXECUTE AN AGREEMENT
TO LEASE THE ROGER Y. WILLIAMS/SWANNER HOUSE PROPERTY FOR
RESIDENTIAL USE (910.50)
Teri Delcamp, Historic Preservation Manager, provided an agenda report and
responded to questions.
8 09-01-2009
Council Comment:
• Felt residential use is not optimal for a long term use.
• Historical buildings in town should be used to bring revenue to the City and
to be shown to the public.
■ Would like to see a resolution come back to the Council in the future that
defines uses for historical buildings.
• Residential lease would be a temporary while a long-term use is identified in
the Northwest Open Space Phase I Park planning.
• "No Smoking" in the property should be added to the lease.
• Long -Term use concepts to come back to Council in the next three (3) to
four (4) months.
• Open Space Committee should bring back to Council recommendations for
the use of the property.
Council Action: Moved by Council Member Hribar, seconded by Council
Member Allevato, and carried 4-1 with Council Member Freese opposed to direct
the City Manager to negotiate and execute an agreement with a rental property
manager to lease the Roger Y. Williams/Swanner House property at 29991
Camino Capistrano to a residential tenant on a one year lease, then
month-to-month; and staff directed to bring concepts back to Council in the next
three (3) to four (4) months for a long-term appropriate use for the property to
implement after the completion of the residential lease.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
G2. CITY MANAGER
Allevato, Hribar, Uso, and Mayor Nielsen
Freese
None
a. AGREEMENT APPROVED WITH ALL CITY MANAGEMENT SERVICES, INC.
FOR SCHOOL CROSSING GUARD SERVICES; AND APPROPRIATION OF
FUNDS, APPROVED (600.30/330.20)
Michael Cantor, Senior Management Analyst, provided an agenda report and
responded to questions.
Public Comment:
Pat Pohl, representing All City Management Services, Inc., responded to
questions from the Council.
Council " lvbe ,
• Preference in next year's agreement coming to Council for consideration
earlier than this year.
■ Possibility of having volunteers or part-time employees guarding on or more
of the crossing guard locations.
• Concerns with the City's liability risks with having a volunteer program.
09-01-2009
0 9/1/2009
AGENDA REPORT
TO: Joe Tait, Interim City Manager/'
FROM: Steven A. Apple, AICP, Community Development Director
SUBJECT: Consideration of Use for Roger Y. Williams/Swanner House
RECOMMENDATION:
Gla
Per recent City Council request, discuss the previous direction to the City Manager to
negotiate and execute an agreement with a rental property manager to lease the Roger
Y. Williams/Swanner House property at 29991 Camino Capistrano to a residential
tenant on an annual basis.
SITUATION:
Prior direction to pursue a residential rental at the property was provided by the City
Council in 2007 when funding was approved for repairs to the Roger Y.
Williams/Swanner House. In October 2008, the City Council authorized the City
Manager to negotiate an agreement with a property management firm to lease the
Roger Y. Williams/Swanner House property to a residential tenant on an annual basis
(see Attachment 1). Two entities had expressed an interest in a longer term use of the
property, CARE and an individual desiring to create The Tasting Rooms at San Juan.
Negotiations were suspended by both of those entities. The proponent of The Tasting
Rooms at San Juan then requested a one-time wine tasting event at the house for July,
which was conditionally approved by the City Council in May 2009, but not pursued by
the applicant. At that time, the staff had reiterated previous Council direction to rent the
house to a residential tenant on an annual basis until a more permanent use can be
planned for the property (see Attachment 2). Since that time, staff has completed
emergency foundation repairs to the house and the water tower, and has finalized an
agreement with a rental property manager (Coastal Resource Management), but has
held off executing the agreement pending this agenda item request.
The conceptual planning process for the Phase I Park in the Northwest Open Space is
underway, and the Williams/Swanner property is within the boundary of the planning
area (see Attachment 3). The house could remain as a stand alone residential rental, or
it could be incorporated into the Phase I Park as a caretaker's residence for the park,
orchards and community gardens, or as an informational interpretive center, etc. The
ultimate use has not been vetted through the Phase I Park planning process yet, but
staff anticipates this discussion to occur and any more permanent use would be more
appropriately discussed in the context of the Park planning. A more permanent use,
Agenda Report
Page 2
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September 1, 2009
especially if a public use, would be more feasible once the Park amenities are
constructed in the area including the access driveways and parking, etc.
If a longer term use other than a residential rental is ultimately decided upon for the
Williams/Swanner property through the Phase I Park planning process, it will likely be
two or three years before such a use could be implemented, due to the time it will take
for conceptual planning, a Request for Proposal process, preparation of rehabilitation
plans for an identified public use if that is what is desired, and construction of the overall
park and any necessary infrastructure improvements to the house property.
In the interim, the City can rent the Williams/Swanner property to a residential tenant in
a one-year lease, and then go to a month-to-month basis if the ultimate use is imminent
in a year's time, or extend the lease for another year if that is more appropriate at that
time. During the term of the rental, the City would receive revenue from the residential
lease expected to gross approximately $2,300 per month which will help off -set the
funds the City has recently expended for the repairs to the property.
RECOMMENDATION:
Per recent City Council request, discuss the previous direction to the City Manager to
negotiate and execute an agreement with a rental property manager to lease the Roger
Y. Williams/Swanner House property at 29991 Camino Capistrano to a residential
tenant on an annual basis.
Respectfull submitted,
Steven A. Apple, Al
Community Development Director
Attachments:
Prepared by:
Teri Delcamp
Historic Preservation Manager
1. October 21, 2008, City Council minutes and agenda report
2. May 19, 2009, City Council minutes and agenda report
3. Northwest Open Space Phase I Park Conceptual Plan
n
8. ROGER Y WILLIAMS/SWANNERHOUSE PROPERTY: CITY MANAGER
AUTHORIZED TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH A
RENTAL PROPERTY MANAGER TO INCLUDE REGULAR PROPERTY
INSPECTIONS (600.30)
Teri Delcamp, Historic Preservation Manager, provided a staff report.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Hribar, and carried unanimously to authorize the City Manager to negotiate and
execute an agreement with a rental property manager to lease the Roger Y.
Williams/Swanner House property at 29991 Camino Capistrano to a residential
tenant on an annual basis with the lease agreement requiring regular inspections
of the property at least quarterly.
9. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 9, 2008, IN THE
TOTAL AMOUNT OF $988,064.81; AND PAYROLL WARRANTS DATED
SEPTEMBER 5, 2008, IN THE TOTAL AMOUNT OF $313,721.61, RECEIVED
AND FILED (300.30)
10. ADDENDUM OF OCTOBER 21, 2008 TO THE ADVANCED UTILITY SYSTEMS
SOFTWARE LICENSE AND IMPLEMENTATION AGREEMENT FOR THE
PROVISION OF ONLINE UTILITIES SELF SERVICE INFORMATION AND BILL
PAYMENT APPROVED; THE CITY MANAGER AUTHORIZED TO EXECUTE
THE ADDENDUM IN AN AMOUNT NOT TO EXCEED $40,000 FOR THE FIRST
YEAR, AND TO EXECUTE ANNUAL MAINTENANCE AGREEMENTS IN THE
AMOUNT OF $10,000— CITY COUNCIL PRIORITY NO. 25C (600.30)
11. RESOLUTION NO. 08-10-21-03 ADOPTED ENTITLED, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING THE WORK TO BE COMPLETED AS TO PLANS
AND SPECIFICATIONS FOR THE EMERGENCY SEWER TRUNK LINE
REPLACEMENT PROJECT;" CONTRACT CHANGE ORDERS IN THE TOTAL
AMOUNT OF $98,471.06 ACCEPTED; CITY CLERK DIRECTED TO PROCESS
RECORDING OF THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED
TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $43,273.50, 35
DAYS AFTER RECORDATION (BOUDREAU PIPELINE CORPORATION)(CIP
NO. 728, CIP NO. 716)(600.30)
12. DAVE DAVIDSON CLAIM: DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
13. BLAS AGUILAR ADOBE, PHASE C AND ROOF IMPROVEMENTS PROJECT
AGREEMENT WITH IS ARCHITECTURE APPROVED (600.30)
10-21-2008
ATTACHMENT 1
AGENDA REPORT
TO: Dave Adams, City Manager �*
FROM: Steven Apple, AICP, Community Development Director
10121/2008
q9'
SUBJECT: Consideration of Authorizing Property Management Services for
Residential Leasing of the Roger Y. Williams/Swanner House
By motion, authorize the City Manager to negotiate and execute an agreement with a
rental property manager to lease the Roger Y. Williams/Swanner House property at
29991 Camino Capistrano to a residential tenant on an annual basis.
SITUATION:
The Roger Y. Williams/Swanner House property is owned by the City and is listed in the
National Register of Historic Places. It is located in the Northwest Open Space area and
may at some time in the future fulfill a purpose that has yet to be identified. For the time
being, however, the property remains a residential property.
Over the past three years, the City has undertaken two projects to restore the exterior of
the Roger Y. Williams/Swanner House property buildings and make repairs to the
interior. The intent has been to prepare the site for a market rate lease. Two separate
organizations had expressed an interest to the City for the use of the property.
However, the City has been notified these entities are no longer interested. Thus, staff
proposes to negotiate and execute an agreement with a qualified property management
firm who would identify an appropriate residential tenant for, and manage, an annual
lease.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
No Commission or Board review is required.
FINANCIAL CONSIDERATIONS:
It is anticipated that the Roger Y. Williams/Swanner House could yield a monthly lease
amount of approximately $2,500, less property management expenses which would
include fees of between 7% and 10% and landscape maintenance costs (the City would
contract for this or provide by means of City crews to ensure appropriate care for
historic landscape on the property). As such, the property could yield approximately
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Agenda Report
Page 2
October 21. 2008
$24,000 in annual revenue to the City. The final details would be per the terms
negotiated by the City Manager in the property management agreement.
NOTIFICATION:
None.
RECOMMENDATION:
By motion, authorize the City Manager to negotiate and execute an agreement with a
rental property manager to lease the. Roger Y. Williams/Swanner House property at
29991 Camino Capistrano to a residential tenant on an annual basis.
Respectfully submitted,
Ste
Community eve opment Director
Attachments:
Location Map
Photographs of Roger Y
Prepared by:
Teri Delcamp
Historic Preservation Manager
Williams/Swanner House property
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THE CITY OF
SAN JUAN CAPISTRANO
PROJECT LOCATION MAP..
f
Roger Y. Williams (Swannery,
29991 Camino Capistrano
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Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 3-2 with Mayor pro tem Uso, and Council Member Freese
opposed to adopt RESOLUTION NO. 09-05-05-02, entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
DECLARING WATER SHORTAGE STAGE 1"; Water Conservation Ordinance to
be implemented and enforced, effective June 1, 2009; and water billing allocations
at Tier 1 and Tier 2 to be reduced by 5%, effective June 1, 2009.
ROLL CALL
AYES: COUNCIL MEMBER: Allevato, Hdbar and Mayor Nielsen
NOES: COUNCIL MEMBER: Freese and Mayor pro tem Uso
ABSENT: COUNCIL MEMBER: None
TOILET RETROFIT INCENTIVE PROGRAM IN THE AMOUNT OF $20,000,
APPROVED; FUNDS APPROPRIATED FROM THE OPERATION FUND
PENALTY RESERVE (1050.90)
Francie Kennedy, Water Conservation Coordinator, provided an agenda report and
responded to questions.
Council Comment:
• Increase the incentive from $100 to $200 per toilet.
• Bring the water conservation ordinance back to Council to add
"Plumbing Retrofit" language.
■ Preference with monitoring the $100 incentive program first and then
increase to $200 if necessary.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried unanimously to approve the toilet retrofit incentive program to
$200 per toilet for a total amount of $20,000, and appropriate funds from the
Operation Fund Penalty Reserve.
Council Action: Moved by Council Member Hribar, seconded by Council Member
Allevato, and carried 3-2 with Mayor pro tem Uso and Council Member Freese
opposed to bring back to Council the Water Conservation Ordinance No. 941 to
add "Plumbing Retrofit" language.
ROLL CALL:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
Allevato, Hribar and Mayor Nielsen
Freese and Mayor pro tem Uso
None
COMMUNITY DEVELOPMENT DIRECTOR
ONE TIME FOR PROFIT WINE TASTING EVENT AT THE ROGER Y. WILLIAMS
SWANNER PROPERTY AND STRUCTURE, APPROVED (960.40)
05-19-2009
ATTACHMENT 2
Teri Delcamp, Historic Preservation Manager, provided an agenda report and
responded to questions.
Public Comment:
• Jonathan Volzke, Laguna Niguel resident, felt deposit for the event should
be higher to reflect the historic value of the property.
Council Comment:
• The event should be monitored by a staff person or "docent".
• Historic sites should be used to promote the City.
■ Concerns with facility safety and parking issues.
■ Applicant to provide a parking plan identifying the location and method for
off-site valet/or shuttle parking should take place in lieu of a traffic analysis.
• Preference for no on-site parking and no parking along Camino Capistrano.
• Additional fees should be added based on currents fees charged for other
comparable City facility rentals.
■ Preference for using the property for residential use.
Council Action: Moved by Mayor pro tem Uso, seconded by Council Member
Freese, and carried 4-1 with Council Member Hribar opposed to approve a
one-time event at the Roger Y. Williams Swanner property and structure; and staff
directed to use City Council Policy No. 506 (event type 2A) and Special Activities
Permit as the standards in processing the request, and incorporate Council's
comments.
ROLL CALL:
AYES: COUNCIL MEMBER: Allevato, Freese, Uso and Mayor Nielsen
NOES: COUNCIL MEMBER: Hribar
ABSENT: COUNCIL MEMBER: None
G3. PUBLIC WORKS DIRECTOR
a. RESOLUTION NO. 09-05-19-03 ADOPTED SUPPORTING OPTION "C" AS THE
ULTIMATE WIDENING CONCEPT AND OPTION "A" AS THE INITIAL PHASE;
PERSONAL SERVICES AGREEMENT WITH VA CONSULTING IN THE, AND
WITH RIDGE LANDSCAPE TO PREPARE PLANS, SPECIFICATIONS, AND
COST ESTIMATES FOR THE SAN JUAN CREEK ROAD WIDENING PROJECT
FROM VALLE ROAD TO CAMINO CAPISTRANO (CIP NO. 406), APPROVED
(600.30)
Nasser Abbaszadeh, Public Works Director, provided an agenda report, a slide
presentation, and responded to questions.
Council Comment:
• Preference for Option "A" to be the ultimate widening concept.
05-19-2009
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5/19/2009
AGENDA REPORT G2a
TO: Dave Adams, City Manager
FROM: Steven Apple, Community Development Director
SUBJECT: Consideration of a for Profit Wine Tasting Event at the Roger Y. Williams
Swanner Property and Structure.
RECOMMENDATION:
By minute order direct staff whether to use Council Policy No. 506 as a framework to
permit and regulate a one time wine tasting event by a for profit entity, located on City
property.
SITUATION:
The Community Development Department has been approached for the use of the
Roger Y. Williams Swanner House property and residence for a one time wine tasting
event. According to the event's coordinators (see Attachment 1, email from the event's
coordinator), the event is to be a public event for invitees and purchased ticket holders.
The projected number of attendees is one hundred people, and would run from 2:00 to
5:00 pm. The more substantive details, such as the actual date of the event, the location
of parking, compliance with ABC regulations, the nature of the live entertainment, and
the physical layout of the event have not been disclosed.
Summary and Recommendation:
In a cursory review of the proposed event, there is a lack of a clear method for the
approval of such a one time event, to be held on City property by a for-profit entity. The
City's Special Activities Permitting process would be applicable for a non-profit event
proposed to be held on City Property; however it does not establish a mechanism for a
for-profit entity to use City Property or facilities without compensation. In review of
previously approved policies or directives for the use of City property or facilities, staff
found Council Policy No. 506 (see Attachment 2, Council Policy No. 506), which
regulates and prescribes a method of approval for the use of undeveloped City property
in the Northwest Open Space Area for profit and non-profit entities.
Council Policy No. 506 is limited to twenty eight acres of unimproved land to be used by
profit and non-profit entities for a variety of uses; however it does not include the Roger
Y. Williams Swanner House property. A reasonable approach could be to utilize this
policy as a frame work for the Roger Y. Williams Swanner House property for the
regulation of its use by a for-profit entity for a one time event such as what is being
proposed. The basis of this reasoning is that (a.) the property is located in the
Northwest Open Space Area; (b.) the event is proposed as a one-time event; and (c.)
the applicant is a for-profit entity requesting to use City property or facilities. If Council is
inclined to support the request, this is the most transparent and expeditious method to
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Agenda Report
Page 2 May 19. 2009
permit such an event. Staff request that the Council direct staff for the purposes of
permitting and regulating a one-time for-profit event on the Roger Y. Williams Swanner
House property, subject to the provision of the attached policy including general liability
insurance and adequate parking accommodations.
If the City Council elects to apply policy No. 506 for this event to be held at the Roger Y.
Williams Swanner House property, the applicant would still have to comply with the
standard methodology used for approving Special Activities Event permits as well as the
requirements found in Council Policy No. 506. Staff would recommend that the
proposed wine tasting event be considered as a medium scale event and be required to
follow the requirements set forth for Event Type #2-A as described in Council Policy No.
506.
Staff notes that, while the suggested course of action is an appropriate mechanism for a
one-time event, it is not appropriate for ongoing or future events of this nature at this
specific site. Council has previously directed staff to lease this property for residential
use. Should Council desire a more permanent and ongoing use of this type at the Roger
Y. Williams Swanner House Property, direction would need to be given to cease the
previous direction of obtaining a residential tenant and subsequently, begin the process
of identifying the most appropriate entitlements necessary for a permanent and ongoing
use such as this in the Northwest Open Space area. This would include revisiting the
Council direction for the Phase I open space planning already well underway.
FINANCIAL CONSIDERATIONS:
There are no financial obligations of the City, other than costs associated with staff time
for the permitting and regulation of the proposed action. Approximately three man hours
were used to prepare this agenda report. The suggested course of action does include
appropriate fiscal mechanisms for compensation for the use of City property and
facilities; however it does not provide financial compensation for staff time for the
processing of the requested use,
RECOMMENDATION:
By minute order direct staff whether to use Council Policy No. 506 as a framework to
permit and regulate a one time wine tasting event by a for profit entity, located on City
property.
Respectful) submitted,
Steven Apple, AI
Community De opment Director
Attachment(s):
1. Email from the event coordinators
2. Council Policy 506
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8. ROGER Y WILLIAMS/SWANNER HOUSE PROPERTY: CITY MANAGER
AUTHORIZED TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH A
RENTAL PROPERTY MANAGER TO INCLUDE REGULAR PROPERTY
INSPECTIONS (600.30)
Teri Delcamp, Historic Preservation Manager, provided a staff report.
Council Action: Moved by Mayor pro tem Nielsen, seconded by Council Member
Hribar, and carried unanimously to authorize the City Manager to negotiate and
execute an agreement with a rental property manager to lease the Roger Y.
Williams/Swanner House property at 29991 Camino Capistrano to a residential
tenant on an annual basis with the lease agreement requiring regular inspections
of the property at least quarterly.
9. ACCOUNTS PAYABLE WARRANTS DATED OCTOBER 9, 2008, IN THE
TOTAL AMOUNT OF $988,064.81; AND PAYROLL WARRANTS DATED
SEPTEMBER 5, 2008, IN THE TOTAL AMOUNT OF $313,721.61, RECEIVED
AND FILED (300.30)
10. ADDENDUM OF OCTOBER 21, 2008 TO THE ADVANCED UTILITY SYSTEMS
SOFTWARE LICENSE AND IMPLEMENTATION AGREEMENT FOR THE
PROVISION OF ONLINE UTILITIES SELF SERVICE INFORMATION AND BILL
PAYMENT APPROVED; THE CITY MANAGER AUTHORIZED TO EXECUTE
THE ADDENDUM IN AN AMOUNT NOT TO EXCEED $40,000 FOR THE FIRST
YEAR, AND TO EXECUTE ANNUAL MAINTENANCE AGREEMENTS IN THE
AMOUNT OF $10,000— CITY COUNCIL PRIORITY NO. 25C (600.30)
11. RESOLUTION NO. 08-10-21-03 ADOPTED ENTITLED, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DECLARING THE WORK TO BE COMPLETED AS TO PLANS
AND SPECIFICATIONS FOR THE EMERGENCY SEWER TRUNK LINE
REPLACEMENT PROJECT;" CONTRACT CHANGE ORDERS IN THE TOTAL
AMOUNT OF $98,471.06 ACCEPTED; CITY CLERK DIRECTED TO PROCESS
RECORDING OF THE NOTICE OF COMPLETION; AND STAFF AUTHORIZED
TO RELEASE THE 10% RETENTION, IN THE AMOUNT OF $43,273.50, 35
DAYS AFTER RECORDATION (BOUDREAU PIPELINE CORPORATION)(CIP
NO. 728, CIP NO. 716)(600.30)
12. DAVE DAVIDSON CLAIM: DENIED BASED UPON THE INVESTIGATION AND
RECOMMENDATION OF THE CITY'S INSURANCE ADJUSTER, CARL
WARREN & COMPANY (170.70)
13. BLAS AGUILAR ADOBE, PHASE C AND ROOF IMPROVEMENTS PROJECT
AGREEMENT WITH IS ARCHITECTURE APPROVED (600.30)
10-21-2008
0
10/21/2008
AGENDA REPORT D8
TO: Dave Adams, City Manager
FROM: Steven Apple, AICP, Community Development Director
SUBJECT: Consideration of Authorizing Property Management Services for
Residential Leasing of the Roger Y. Williams/Swanner House
RECOMMENDATION:
By motion, authorize the City Manager to negotiate and execute an agreement with a
rental property manager to lease the Roger Y. Williams/Swanner House property at
29991 Camino Capistrano to a residential tenant on an annual basis.
SITUATION:
The Roger Y. Williams/Swann( by the City and is listed in the
National Register of Historic P' orthwest Open Space area and
may at some time in the futur( et to be identified. For the time
being, however, the property r ty.
Over the past three years, the City has undertaken two projects to restore the exterior of
the Roger Y. Williams/Swanner House property buildings and make repairs to the
interior. The intent has been to prepare the site for a market rate lease. Two separate
organizations had expressed an interest to the City for the use of the property.
However, the City has been notified these entities are no longer interested. Thus, staff
proposes to negotiate and execute an agreement with a qualified property management
firm who would identify an appropriate residential tenant for, and manage, an annual
lease.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
No Commission or Board review is required.
FINANCIAL CONSIDERATIONS:
It is anticipated that the Roger Y. Williams/Swanner House could yield a monthly lease
amount of approximately $2,500, less property management expenses which would
include fees of between 7% and 10% and landscape maintenance costs (the City would
contract for this or provide by means of City crews to ensure appropriate care for
historic landscape on the property). As such, the property could yield approximately
Agenda Report •
Page 2 October 21, 2008
$24,000 in annual revenue to the City. The final details would be per the terms
negotiated by the City Manager in the property management agreement.
NOTIFICATION:
None.
RECOMMENDATION:
By motion, authorize the City Manager to negotiate and execute an agreement with a
rental property manager to lease the Roger Y. Williams/Swanner House property at
29991 Camino Capistrano to a residential tenant on an annual basis,
Respectfully submitted,
Steven Apple
Community Development Director
Prepared by:
7-2__ )----- -
Teri Delcamp
Historic Preservation Manager
Attachments:
1. Location Map
2. Photographs of Roger Y. Williams/Swanner House property
tr'�i THE CITY OF
SAN JUAN CAPISTRANO
PROJECT LOCATION MAP-
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Roger Y. Williams (Swanner),
29991 Camino Capistrano
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