1983-1220_CAPISTRANO UNIFIED SCHOOL DISTRICT_Agr for Cooperationc
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Thomas G. Merrell,.Deputy Director
FROM: City Clerk
SITUATION:
DATE: April 1, 1996
The Board of Directors of the San Juan Capistrano Community Redevelopment Agency at
its regular meeting held June 17, 1986, approved an Agreement for Architectural
Services for the Capistrano Valley High School Athletic Complex.
ACTION REQUESTED:
On Page 2, Section 2 of the Agreement, it states: "The services provided under this
Agreement shall begin upon the excution of this Agreement by all parties. Ther services
provided under this Agreement shall be completed on or before 1996." Please inform this
office of the status of this Agreement and if this item needs to be scheduled for the
Agency's Agenda.
ACTION TO BE TAKEN:
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 4/l/96
Deadline Date: 6/17/96
cc: City Attorney
4wsipmo*City Manager
AGREEMENT FOR COOPERATION BETWEEN
THE CAPISTRANO UNIFIED SCHOOL DISTRICT
AND THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
1. PARTIES AND DATE
1.1 This Agreement is entered into this 20th day of
December, 1983, by and between the CAPISTRANO UNIFIED SCHOOL DISTRICT, a
public agency ("District") and the SAN JUAN CAPISTRANO COMMUNITY REDEVELOP-
MENT AGENCY ("Agency").
2. RECITALS
2.1 The City of San Juan Capistrano has adopted Ordinance
No. 488 on July 12, 1983, which ordinance approves the San Juan Capistrano
Central Redevelopment Project ("Redevelopment Plan") and establishes the San
Juan Capistrano Central Project Area ("Project Area") pursuant to the
California Redevelopment Law (Health and Safety Code Sections 33000 et sec.)
for the redevelopment, replanning and redesigning of certain blighted areas
within the City of San Juan Capistrano which require redevelopment in the
interest of health, safety and general welfare of the City of San Juan
Capistrano.
2.2 District and Agency recognize the need to provide
adequate public school facilities and other public services and amenities,
as described hereinafter, to serve the Project Area and have determined that
such facilities are a benefit to the Project Area and that there are no other
reasonable means of financing the construction of such public school facilities.
Accordingly, it is the purpose of this Agreement to create a cooperative
relationship between the Agency and the District to provide for the imple-
mentation of projects which are a mutual benefit to Agency and the District
and the community at large by utilizing the combined resources of the Agency
and the District to carry out the goals of the Redevelopment Plan and of the
District.
NOW, THEREFORE, in consideration of the foregoing and the
mutual promises and covenants contained herein, the parties hereto agree as
follows:
3. CAPISTRANO UNIFIED SCHOOL DISTRICT SAN JUAN CAPIS
3.1 Capistrano Unified School District San Juan Capistrano
Community Redevelopment Agency Capital Improvement Fund is hereby established.
Said fund is to be administered by the Agency and to be utilized for the
purposes of this Agreement. The following monies shall be allocated thereto:
a. Tax increment attributable to that area within
the territorial limits of the District which are coincident
within the territorial limits of the Project Area after the
effective date of Ordinance No. 488, and which are allocated
to the Agency pursuant to Health and Safety Code Section 33670(b),
which are in excess of Fifteen Million Dollars ($15,000,000)
aggregated for any consecutive five (5) year period (i.e., years
0-5, 6-10, 11-15, etc. as identified in the Redevelopment Plan),
but in no event more than a period of 35 years nor more than
$5,000,000 in any such period (which excess is referred to herein-
after as "extraordinary tax increment") shall be allocated and
used by Agency to pay principal and interest on loans, monies
advanced to, or indebtedness, whether funded, refunded, assumed
or otherwise, incurred by Agency to finance or refinance, in
whole or in part, its obligations hereunder.
b. Tax increment attributable to and resulting from
the extension of the Redevelopment Plan from 35 to 45 years
(which increment is referred to hereinafter as "extended increment")
provided, however, that said extended increment shall neither
exceed nor be less than the amount of taxes which would have
otherwise been levied by or on behalf of the District during
the term of such plan extension.
3.2 The obligations of the Agency with respect to said fund
shall be subordinated to funds provided to other taxing agencies or pledged
to other Agency indebtedness if and to the extent tax increment is hereafter
pledged or promised by the Agency to such taxing agencies or other obligees
of Agency, except that no such pledge or promise shall reduce the share of
tax increment allocated to the fund from either extraordinary increment or
extended increment below the District's pro rata share (i.e., 35%) of property
taxes which would have otherwise been levied, by or on behalf of the District,
after the effective date of Ordinance No. 488 and which are allocated to Agency
pursuant to Health and Safety Code Section 33670(b).
-2-
a
3.3 Said fund, and only said fund, unless otherwise agreed
to by the Agency, shall be utilized to pay all or part of the value of the
land for and the cost of the installation and construction of any building,
facility, structure or other improvement ("Improvements") as set forth in
Section 4 hereof and subject to the limitations of Section 5.1 hereof. The
District shall annually submit to Agency a budget and a list of priorities
for the use of the fund and, subject to the limitations of Section 5.1,
Agency shall expend the proceeds of such funds in accordance with the budget
and list of priorities as may be approved by the Agency. Once such improve-
ments are approved by the Agency at a public hearing, the District may, in
its sole discretion, adjust priorities.
3.4 At such time as Agency's obligations hereunder have
been completed, said Capital Improvement Funds shall be terminated and no
further obligations between the Agency and the District shall thereafter
exist. Upon termination, the contents, if any, of the fund shall be trans-
ferred to District to the extent permitted by law.
4. REDEVELOPMENT PLAN AMENDMENT
4.1 In addition to the conditions precedent set forth
hereinabove, the obligations of the parties hereunder shall be subject to the
Agency's ability to amend its Redevelopment Plan to provide for the items set
forth hereinafter. Upon execution hereof, the Agency shall commence the
amendment of its Redevelopment Plan using its best efforts to complete said
amendment before January 1, 1985, subject to public hearing and the exercise
of discretion by the City Council thereafter, to provide for the following:
(a) Identification of construction of the following
improvements:
(i) Relocation of the ROP;
(ii) Construction of recreational facilities on
Buchheim Field;
(iii) The construction of an instructional media
and data processing center;
(iv) Relocation of the adult education and con-
tinuation facilities currently located at the Capistrano
Elemertary School site;
(v) The rehabilitation, demolition, and/or the
construction of facilities on the Capistrano Elementary
-3-
0 0
ool site or sites as may be elsewhere determined, to
ommodate performing arts, cultural, museum, and/or
er public and quasi -public uses and purposes as provided
ein;
(vi) Rehabilitation of existing schools which
efit the project area;
(vii) Addition of temporary or permanent class -
ms and other facilities for schools which benefit the
ject Area.
District shall provide Agency with a specific list of
ovements and the location thereof described herein prior
ommencement of processing the Redevelopment Plan amendment
Y•
(b) Extension of the Redevelopment Plan from 35 years
to 45 years.
(c) Increase in total tax increment allocable to the
Agency during the term of the Redevelopment Plan as amended.
5. GENERAL PROVISIONS
5.1 Agency, in its sole discretion, may elect the method
of implementing its obligations under this Agreement. All funds expended by
the Agency pursuant to this Agreement and following the Redevelopment Plan
amendment shall be subject to a separate public hearing as required by law
for each improvement and the exercise of discretion by the City Council
following such public hearing.
5.2 All obligations of Agency hereunder are subject to the
availability of sufficient funds to satisfy its obligations hereunder as
anticipated in this Agreement.
6. TERMINATION
6.1 In the event Agency and City fail to amend the Redevelop-
ment Plan as provided in Section 7 of this Agreement for any reason whatsoever,
this Agreement shall be of no Further force and effect and the parties shall
be excused from all further performance hereunder.
-4-
•
6.2 In the event that a lawsuit is filed attacking the
validity of the Redevelopment Plan amendment, the Agency and the District
mutually agree to defend such lawsuits. In this regard, the Agency and
the District may agree to share the costs of legal counsel, in which case
said costs shall be shared equally by the Agency and the District. In the
event the Agency and the District determine to employ separate counsel,
then the cost of Agency counsel and District counsel shall be the sole
responsibility of the Agency and the District respectively.
6.3 If any party to this Agreement commences litigation
against any other party for the purpose of determining and enforcing its
rights hereunder or for money damages for a breach hereof or for other
equitable relief related hereto, the prevailing party shall be entitled to
receive from the losing party, attorney's fees in an amount determined by
the court, together with costs reasonably incurred in prosecuting and
defending such action.
DATED: December 20, 1983
DATED: December 12, 1983
ATTEST:
MrA
APPROVE97AS TO FORM/AND CONTENT:
UNIFIED SCHOOL DISTRICT
By
It
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
r
By: _
I s: hair an, Board of Director
-5-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, Secretary of the San Juan
Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that
the attached is a true and correct copy of the Agreement for
Cooperation between the Capistrano Unified School District and
the San Juan Capistrano Community Redevelopment Agency dated
December 20, 1983.
MARY ANN ;ANOVERj Secretary
Community Redevelopment Agency
San Juan Capistrano, California
DATED: This 28th day of December, 1983.
Hand delivered to the school district December 28, 1983
Written Communications:
Reportto Marc , 1986, from the Deputy Director,
advising that pursuant to Section 5.4(a) of the amended and
restated agreement between the Community Redevelopment
Agency, the City, and the Capistrano Unified School District,
as approved on January 7, 1986, the Agency was required to
commence plans for the gymnasium as soon as the State
approved conveyance of the property. The report advised
that in order to commence plans, a qualified architect
should be selected. It was recommended that the design
plans incorporate both the gymnasium and swimming pool to
ensure that the location and ancillary facilities complement
each other.
It was moved by Director Sc�ze, seconded- -by Director
Suchheim, and unanimously carried to authorize staff to
discuss preparation of plans with qualified architects and
to return within 60 days with a recommendation for Agency
consideration.
�141�6
BOARD OF
TRUSTEES
A. EDWARD
WESTBERG, D.O.S
President
ANNETTE B.
DUDE
Vice President
PAUL B.
HASEMAN
Clerk
E.G. 'TED'
KOPP
Member
JAN OVERTON
Member
CHARLES H.
WARD
Member
GEORGE L.
WHITE
Member
DISTRICT
ADMINISTRATION
Capiziforano Unified Ochool District
CFCEIVMxcettenee in Education"
32972 Calle Perfecto, San Juan Capistrano, California 92675
January 6, 1984
Mary Ann Hanover, City Clerk
San Juan Capistrano City Hall
32499 Paseo Adelanto
San Juan Capistrano, CA 92675
AGREEMENT FOR COOPERATION BETWEEN THE CAPISTRANO UNIFIED SCHOOL
DISTRICT AND THE SAN JUAN CAPISTRANO COMMINITY REDEVELOPMENT
AGENCY
Thank you for your assistance in obtaining the above document
with the original signatures.
The District's attorney has been directed to initiate dismissal
of the lawsuit against the redevelopment agency by the School
District.
Thank you again for your patience with us in obtaining this
document and all your efforts to satisfy our needs.
JEROME R. THORNS
JEROMELEv, Ed D.
District
William F. Dawson
Superintendent
Director,
Assistant Superintendent
WILLIAM F.
Facilities & Services
DAWSON
\
Assistant
Superintendent,
WFD/mt
Facilities &
♦�rTJ -fits
Services
GEORGE A.
DIGS, Ed. D.
Assistant
Superintendent,
Instructional
Operations
LINDA A.
KRONER
Director,
Employee
Relations
CAROL B.
BAILEY
�n //
Director,
/✓(//L -/F
Fiscal
r
\
Services
�/h N..� LC-
♦�rTJ -fits
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San Juan Capistrano
Community
Redevelopment
Agency
3
i
sr--�s
January 5, 1984
William Dawson
Assistant Superintendent, Facilities
Capistrano Unified School District
32972 Calle Perfecto
San Juan Capistrano, California 92675
M
Re: Cooperation Agreement between Redevelopment Agency
and School District
Dear Mr. Dawson:
Enclosed is an additional certified copy of the
Agreement for Cooperation Between the Capistrano Unified School
District and the San Juan Capistrano Community Redevelopment
Agency with original signatures on page five, as you have
requested.
I hope this document satisfies the requirements of the
Board.
I£ you need any further information, please don't
hesitate to call.
Very truly yours,
MARY ANN 4ANOVER, CMC
Agency Secretary
MAH/mac
Enclosure
cc: Executive Director
Community Redevelopment Agency
:32-100 Paseo Adelanto
San Juan Capistrano
California 92675
714 -493-1171
0 a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, Secretary of the San Juan
Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that
the attached is a true and correct copy of the Agreement for
Cooperation between the Capistrano Unified School District and
the San Juan Capistrano Community Redevelopment Agency dated
December 20, 1983.
MARY ANN VER, Secretary
Communit Redevelopment Agency
San Juan Capistrano, California
DATED: This 5th day of January, 1984.
FRITZ R. STRADLING
NICK E. YOCCA
C. CRAIG CARLSON
WILLIAM R. RAUTH In
K. C. SCHAAF
RICHARD C. GOODMAN
JOHN J. MURPHY
THOMAS P. CLARK, JR.
BEN A. FRYDMAN
DAvID R. Mc EwEx
PAUL. L. GALE
RUDOLPH C. SHEPARD
M. D. TALBOT
BRUCE C. STUART
DOUGLAS F. HIOHAM
E. HURT YEAGER
DARYL H. CARLSON
ROBERT J. WHALEN
RANDALL J. SHERMAN
BARNEY A. ALLISON
BRUCE FEUCHTER
LAwBENCE D. FRENZEL
PROI A. GROUNDWATER
CHRISTOPHER J. KILPATRICK
NANCY RADER WHITEHEAD
LEwIS G. FELDMAN
•
S
STRADLING, YOCCA, CARLSON & RAUTH
A PROFESSIONAL CORPORATION RECEIVED
ATTORNEYS AT LAW II�� 1,
SUITE 600, UNION BANK BUILDING JAN a to 014 DU tO
610 NEWPORT CENTER DRIVE ' l) J01h. BRECKENRIDGE
POST OFFICE BOX 7680 $ OF COUNSEL
NEWPORT BEACH, CALIFORNIA OPOOO-0880
TELEPHONE (7I<) 640-7035 l
JUAh ,U
January 3, 1984
Ms. Mary Ann Hanover
Agency Secretary
San Juan Capistrano
Community Redevelopment
Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RE: Cooperation Agreement with School District
Dear Ms. Hanover:
Please find enclosed a signed original page 5 of the
Agreement between Capistrano Unified School District and San
Juan Capistrano Community Redevelopment Agency as signed by
Barney Allison.
If you need any further information or if I may be of
any help, please feel free to call me.
Jamie L. Mills
Secretary to
Thomas P. Clark, Jr.
Enclosure
11
San Juan Capistrano
Communitv
Redevelopment
Agency
Barney Allison
Stradling, Yocca,
Attorneys at Law
P. O. Box 7680
December 30, 1983
Carlson & Rauth
Newport Beach, California 92660-0680
Re: Cooperation Agreement with School District
Dear Barney:
The School District has indicated their dissatisfaction
with a certified copy of the above Agreement dated December 20,
1983, and has requested receipt of a copy of the Agreement with
original signatures.
Enclosed is a blank page five. If you will sign the
page as Agency Counsel and return it to me as soon as possible,
we will obtain the remainder of the signatures and forward the
Agreement copy to Dr. Thornsley.
MAH/mac
Enclosure
CC.
32400 Paseo Adelanto
San Juan Capistrano
Califomia 92675
714-193-1171
Happy holidays.
Executive Director
Very truly yours,
MARY ANN HANOVER, CMC
Agency Secretary
LI
0
REDEVELOPMENT PARTICIPATION AGREEMENT
(CAPISTRANO UNIFIED SCHOOL DISTRICT
(68.38) Chairman Hausdorfer advised that an agreement had been
reached between the Agency and the School District and that
the District agreed to drop the litigation against the
Agency.
6
BOARD ACTIONS
CONDITIONAL APPROVAL OF AGREEMENT
(CAPISTRANO UNIFIED SCHOOL DISTRICT)
(68.38) It was moved by Director Schwartze, seconded by Director
Buchheim and unanimously carried to approve the agreement
with the School District and to authorize the Chairman to
execute the agreement subject to dismissal of the law suit.
The School District has conditioned their approval of the
agreement upon resolution of SB 201 proposals that relate to
the City; the Agency does not view the resolution of SB 201
as part of the agreement.
It was moved by Director Schwartze, seconded by Director
Bland and unanimously carried to direct Agency Counsel to
take whatever steps necessary to have the action dismissed.
/aJ b/S3
V 0
BOARD ACTIONS
1. REDEVELOPMENT PARTICIPATION AGREEMENT
(CAPISTRANO UNIFIED SCHOOL DISTRICT
(68.38) The Board was advised that the Agreement had not been
unanimously approved by the School Board and is therefore
ineffective. Chairman Hausdorfer advised that the Agency
would be unable to acquire Buchheim Field for the potential
City Hall site and must move immediately to choose another
site. The Executive Director advised that an agreement had
been prepared for discussion in Closed Session for
resolution of the pending litigation.
J-1J�/g3
L -S . -
i 32'400 Pltlil 1;WS A;M -Pl
SAN Je�AP4STRA"] CAJ:.LFOHioA' 92673
November 7, 1983
Dr, Jerome Thornsley, Superintendent
Capistrano Unified School District
32972 Calle Perfecto
San Juan Capistrano, California 92675
Dear Jerry,
Per our conversation of November 7th, I have not completed the
draft of our letter to the School Board. I do, however, wish to
tell you why our Redevelopment Agency Board has requested a meeting
with representatives of the School Board.
The Redevelopment Agency Board was most pleased that the School
Board took the time to have a representative personally attend our
meeting and to express the Board of Trustee's desire to continue
to work with the Agency in an effort to reach an agreement. As
I indicated to you by telephone, our Board has reviewed the list
of concerns and believes that we may be able to arrive at an
understanding and hopefully agreement on most, if not all, of the
issues.
It was our Board's opinion that our respective staffs have been
working on this matter for some time and that perhaps now was the
appropriate time for representatives of our Board to meet directly
with representatives of your Board. While it is understood that
the representatives of our respective bodies could not bind either
agency, as a result of our meeting,it would certainly be possible
to communicate the level of sincerity, concern, interest and
attitude of our respective Boards one to another.
It was the feeling of the Agency Board that, like the Board of
Trustees, they are ultimately responsible for making the decision
and as a measure of good faith, that it would certainly not be
inappropriate or harmful for a delegation of our Board to meet
with a delegation of your Board. We are hopeful, if not confident,
that such a meeting will produce a better understanding between
our respective agencies.
sco'iS
L
A,; AJ i,UC,
14�r
Yours very truly,
City Manager
0
BOARD ACTIONS
1. REDEVELOPMENT PARTICIPATION AGREEMENT
(CAPISTRANO UNIFIED SCHOOL DISTRICT
(68.38) Written Communications:
(1) Report dated November 1, 1983, from the Deputy
Director, forwarding an agreement between the School
District, the Redevelopment Agency, and the City to
implement redevelopment goals of both the School District
and Redevelopment Agency. Costs of the capital projects
called for in the agreement have not been estimated;
however, funding sources are identified. The agreement
provides that the Agency's obligation to perform
capital projects is subject to availability of funding.
The report recommends approval and authorization for
the Chairman to execute the agreement subject to
effective dismissal of all litigation, with prejudice,
attacking the validity of the Redevelopment Plan.
(2) Letter dated November 1, 1983, from A. Edward Westberg,
President of the Board of Trustees of the Capistrano
Unified School District, 32972 Calle Perfecto, San Juan
Capistrano, listing six major concerns with the
proposed agreement; forwarding a list of objectives
agreed upon between the District and the Agency; and,
advising that the District is willing to continue
negotiations.
Paul B. Haseman, Clerk of the Board of Trustees of the
Capistrano Unified School District, stated that the District
had worked diligently to reach an agreement with the Agency,
but noted that the District still has concerns as outlined
in the November 1st letter. He forwarded the District's
appreciation for the cooperation received and advised that
the District is willing to continue negotiations and hopes
that the Agency will review the letter to determine if
agreement can be reached on the concerns.
Chairman Hausdorfer thanked the District staff for their
cooperation. No action was taken on the item.
i /� J/q3
CAF4STFIANO
BOARD OF
TRUSTEES
A. EDWARD
WESTSERG. D.D.S.
President
ANNETTE S.
GUIDE
Vice President
PAUL B.
HASEMAN
Clerk
E.G. 'TED'
KOPP
Member
JAN OVERTON
Member
CHARLES H.
WARD
Member
GEORGE L.
WHITE
Member
bC ,S1
Capistl Eno Unified Ahool District
"E=euence in Education"
32972 Calle Perfecto, San Juan Capistrano, California 92675 Plane 0714) 496-1215/837-5181
November 1, 1983
Honorable City Council Members
City of San Juan Capistrano
Gentlemen:
As you are aware, the School District and the City have been concerned
with completing a cooperative agreement to provide for redevelopment
of certain facilities. The goals and objectives of an agreement have
included a complex blend of property exchanges, a city hall site, relo-
cation of existing school facilities, construction of new school
facilities, and commercial development of school property. Perhaps
the project was too ambitious, given the time constraints within which
the parties have to function. A list of the agreed upon objectives is
attached for your information.
We commend our respective representatives who have spent many hours
trying to put together a mutually beneficial agreement; however, some
areas are still of major concern to the District. The Board of Trustees
wishes the City Council members to fully understand these concerns as
they are contained in the proposed agreement:
1. The agreement does not contain a finding pursuant to
DISTRICT
ADMINISTRATION
Health and Safety Code that any payments required under
the agreement are appropriate to "alleviate any finan-
JEROME R.
cial burden or detriment caused" to the School District
THORNSLEY, Ed. D.
by the San Juan Capistrano Central Redevelopment Project.
District
The District is concerned that the absence of such a
Superintendent
finding weakens the enforceability of the agreement.
WILLIAM F.
DAWSON
2. There is no assurance that thero
p ,] priorities estab-
Assistant
Superinlendent,
lished by the School District will be honored by the
Facilities&
- agency even when funding for such projects is derived
Services
from the sale or exchange District properties. The
GEORGE A.
District is concerned that future disputes could develop
GIBS. Ed. D.
over any adjustments in priorities.
Assistant
Superintendent,
3. The proposed agreement contemplates an amendment to
Insvuc bonal
Operations
extend the life of the agency to generate additional
tax increment with which to accomplish our mutual goals.
LINDA A.
We are concerned that language has been deleted concern -
KRONER
Director,
ing legal defense of any challenge to such an agreement
Employee
and indeed the agency has reserved the right to be under
Relations
no obligation to defend a challenge to the amendment.
CAROLE F.
BAILEY
Director.
Fiscal
Ser.xes
0 0
City Council -2- November 1, 1983
City of San Juan Capistrano
The District is further concerned that if it is being requested
to convey the Buchheim property upon execution of the agreement,
it has a right to expect that the full weight of the City and
Agency should be brought to successfully amend the plan and to
defend the amendment, if necessary. The District stands ready
to join with the City and Agency in any legal action which might
be necessary to defend our mutual interests.
4. The proposed amendment specifies as a project the "acquisition
of the Capistrano School site and the establishment of a per-
forming arts cultural center and/or other public uses thereon."
The proposed agreement, however, contains language which is only
permissive towards accomplishing this goal. The District is
concerned that if it is to convey this site for public use, a
stronger commitment needs to be made by the Agency.
5. The issue of annexing the Capistrano Valley High School (CVHS)
to the City as a precedent for the construction of a sports
center at that site is a formidable obstacle to the agreement.
The District and the City CoJhcil have recently received notice
of opposition by the Mission Viejo Company to such annexation.
The proposed agreement provides for the sports center to be built
at another site should annexation fail. However, as a practical
matter, the sports center with its gymnasium and athletic facili-
ties is only advantageous to the District if it is constructed
at CVHS.
The District does not wish to cause an unnecessary confrontation
regarding annexation and feels there can be a finding by the
Council that the construction of the sports center at CVHS
would benefit the project area and would be a legitimate use
of redevelopment funding.
6. The proposed agreement clearly provides for the immediate
conveyance of Buchheim Field for the City Hall site without any
assurance that either the amendment or the redevelopment plan
will be ultimately adopted. The District understands the desire
of the City to move ahead with its plans for a City Hall site
and concurs in your request for immedate conveyance.
The District is concerned, however, that with regard to District
goals and objectives the proposed agreement is probably vague
and without commitment by the Agency. The agreement contains
provisions that allows the Agency to accomplish its goals but
further contains disclaimers of responsibility to accomplish
District goals.
0
City Council -3- November 1, 1983
City of San Juan Capistrano
As has been mentioned earlier, perhaps_ we have collectively been too
ambitious in trying to arrive at many goals for inclusion into the agree-
ment. Given the immediate time constraint of the City Hall location,
perhaps we should promptly agree to table the larger scope and focus
instead on a limited purpose agreement.
The District wishes you to know that it would be willing to continue
negotiations to address the above concerns. Should the City, however,
wish to only focus on a City Hall site, the District would also be willing
to negotiate for the site as well as a simple participation agreement
whereby the District could share in redevelopment activities. Whenever
a simple agreement is completed, the parties could then continue to pursue
an expanded agreement which addresses those areas of mutual benefit.
The District wishes to thank the Council and administrative staff for the
many hours devoted on behalf of our mutual constituency.
Sincerely,
A. Edward Westberg, D.D.S.
President
Board of Trustees
st
cc: Mr. Steve Julian
Mr. Tom Merrill
0
PROPOSED POINTS OF AGREEMENT FOR THE REDEVELOPMENT AGENCY AND CUSD
II. Specific Objectives
A. To accomplish the following for the benefit of CUSD:
1. Relocate San Juan School
2. Relocate ROP
3. Relocate Continuation School and Adult Education facilities
4. Construct sports center at CVHS
5. Rehabilitate public schools serving City residents
6. Provide operational funds from revenue derived from the
sale and tax increment on San Juan School
7. Construct performing arts and cultural center on old
Capistrano High School site
B. To accomplish the following for City/Agency:
1. Redevelopment of San Juan School and adjoining
Stroschein properties into a single unified high
intensity development carrying out downtown master
plan goals and generating anticipated increment
revenues
2. City ownership of Buchheim Field
3. New City Hall on Buchheim Field
4. Community recreation center developed on Buchheim Field
5. City ownership of old Capistrano High School site (including
library)
6. Performing arts and cultural center on old Capistrano High
School site
7. Capistrano Valley High School annexed to City