95-0801_CRA_Minutes_Regular Meeting087
AUGUST 1, 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 7:43 p.m. in the City Council Chamber.
ROLL A 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; Dawn
Schanderl, Deputy 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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Director Jones advised he would abstain on this item due to its proximity to his residencelbusiness.
Proposal-
Consideration
r :Consideration of a Purchase Agreement for the Magic Holding Company to purchase the
Depot property from the Agency at a cost of $920,000 in an "as is" condition with no
contingencies. As a condition of sale, the Agreement includes interior and exterior facade
easements to protect the historic c. 1895 buildings.
Wr ttt n Communication:
Report dated August 1, 1995, from Cassandra Walker, Community Development
Administrator, recommending that the sale of the Capistrano Depot property to Magic
Holding Company, Inc. be approved based on the terms set forth in the Purchase Agreement
and Escrow Instructions dated June 14, 1995. The Report noted that a Reciprocal Public
Access Agreement would be granted to the City to ensure future public vehicular and
pedestrian access between Verdugo Street and Camino Capistrano via the Mission Street
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right-of-way through the north end of the Capistrano Depot parking area. In addition, the
Agency and the developer would share in the escrow costs, and a 6% brokerage commission -�
is proposed to be paid to Sperry Van Ness for locating the buyer and coordinating the
transaction.
Cassandra Walker, Community Development Administrator, made an oral presentation. She
indicated that a new family-owned steakhouse restaurant was expected to open in October J ;
1995. In response to an inquiry by Director Hart, she indicated that the City would continue
to maintain right-of-way ingress and egress to the property's 98 parking spaces. f
Public Hearins:
Notice having been given as required by law, Mayor Nash opened the Public Hearing, and
there being no response, closed the hearing with the right to reopen at any time.
Adoption of Resolution Approving the Sale of the Capistrano Depot Property to Mag c
Holding Compoy. Inc.:
It was moved by Director Campbell, seconded by Director Hart, that the following Resolution
be adopted:
RESOLUTION N9, CRA 95-8-1-1. APPROVING PURCHASE
AGREEMENT AND ESCROW INSTRUCTIONS FOR THE SALE OF
PROPERTY LOCATED AT 26701 VERDUGO SIMEJ TO MAGIC
HOLDING COMPANY_ INC. - A RESOLUTION OF THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY,
APPROVING THE PURCHASE AGREEMENT AND ESCROW
INSTRUCTIONS FOR CERTAIN PROPERTY WITHIN THE SAN JUAN
CAPISTRANO CENTRAL REDEVELOPMENT PROJECT AREA TO
MAGIC HOLDING COMPANY, INC.
The motion carried by the following vote:
AYES: Directors Campbell, Hart, Nash, and Chairman Swerdlin
NOES: None
ABSTAIN: Director Jones
ABSENT: None
CONSENT CALENDAR
It was moved by Director Jones, seconded by Director Nash, that the staff recommendations be
accepted for the following items listed on the Consent Calendar. The motion carried by the following
vote:
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AYES: Directors Campbell, Hart, Jones, Nash, and Chairman Swerdlin
NOES: None
ABSENT: None
1. APPROVAL OF COMMUNITY REDEVELOPMENT AGENCY MINUTES „_REC�AR
MEETING OF JULY 5. 1995
The Minutes of the Regular Meeting of July 5, 1995, were approved as submitted.
2. RECEIVE T Y 19 1995 L30UO)
The List of Demands dated July 19, 1995, in the total amount of $339,757.87 was received
and filed.
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As set forth in the Report dated August 1, 1995, from the Director of Engineering and
Building, the following Resolution was adopted granting an easement in each of Lots 19, 25,
and 27 of Tract 103 to the San Diego Gas & Electric Company for underground electric
facilities:
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FACILITIES (HISTORIC TOWN CENTER) - A RESOLUTION OF THE
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT
AGENCY, GRANTING EASEMENTS FOR UNDERGROUND
ELECTRIC FACILITIES TO SAN DIEGO GAS AND ELECTRIC
COMPANY WITHIN LOTS 19, 25 AND 27 OF TRACT 103 (HISTORIC
TOWN CENTER)
The Agency Chairman was authorized to execute the easements on behalf of the Agency, and
the Agency Secretary was directed to forward the easements to SDG&E, who would be
responsible for their recordation with the County Recorder.
BOARD ACTIONS
1. DISPOSITION OF AGENCY -OWNED PROPERTY (26755 VERDUGO STREET).
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Director Jones advised he would abstain on this item due to its proximity to his business/residence.
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Written Communication:
Report dated August 1, 1995, from the Finance Officer, recommending a disposition strategy
for City/Agency properties which have been identified as available for sale, as follows:
(1) Staff to proceed with the sale of the following properties: Vaquero West (26755
Verdugo Street), 31401 El Homo Street, and the Marbella Fire Station site.
(2) Staff to determine the options available for the disposition of the Congdon House
when the J&W contract expires in March 1996.
(3) Staff to review the parcels located at the northwest and southwest corners of La
Novia Avenue and San Juan Creek Road with the Parks, Recreation, and Equestrian
Commission prior to recommendations on their final disposition.
(4) Staff to initiate the Request for Proposals process for public input regarding
possession of the Harrison House, the Parra Adobe, and the Montanez Adobe.
The Board determined that since this item was also addressed during the City Council
meeting, discussion during the Agency meeting would include only the Vaquero West site.
Director Campbell expressed concern with the sale of this property, particularly because of
the amount of effort that has gone into the site to date, and requested assurance that the
property would be protected. Director Hart stated that he was in favor of selling most of the --
properties to get the City out of the real estate business. Director Campbell concurred but
cautioned that the City should get out of the real estate business in the right way.
Ms. Pendleton indicated that the Agency would retain a real estate professional to evaluate
the market value of the property to determine whether the Agency should sell or retain the
property, subject to review and approval by the Board.
Approval of Disposition of Property Owned by the City and Community RedevelQnment
Aged:
It was moved by Director Hart, seconded by Director Nash, that staff be directed to proceed
with the sale of the Vaquero West property, 26755 Verdugo Street. The motion was carried
by a 4-0-1 vote, with Council Member Jones abstaining.
CLOSED SESSION(610.85)
The Board recessed to the Council meeting at 7:55 p.m. and reconvened in Closed Session at 10:05 f"'A
p.m. for:
Conference with Real Property Negotiator per Government Code Section 54956.8 for
property known as the Capistrano Depot, 26701 Verdugo Street, with Magic Holding
Company as the negotiating party, to consider price and terms of payment;
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2. Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in two cases, and Government Code Section
54956.9(c), the initiation of litigation in two cases; and,
3. Liability Claims per Government Code Section 54956.95, San Juan Partners claimant, against
tl the San Juan Capistrano Community Redevelopment Agency.
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The Agency Secretary was excused therefrom, and the meeting reconvened at 11:15 p.m.
Mr. Denhalter advised there was no action to report on any of the items.
ADJOURNMENT
There being no further business before the Board, the meeting was adjourned at 11:20 p.m. to the
next regular meeting date of Tuesday, August 15, 1995, at 7:00 p.m. in the City Council Chamber.
ATTEST:
DAVID S LIN, CHAIRMAN
CRA Minutes
Respectfully submitted,
CHERYL JOHNSON, AGENCY SECRETARY
By DAWNS HANDERL, DEPUTY AGENCY
SECRETARY
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