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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. If -13 pit" I. 13YA RIC •��;��1�tlL��1.���'��C�ii1�l� Ml *r����� J► 1 ' C i ' • • 1;_ ■ : .11 ' 1 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 CRA Minutes -1- $11195 088 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: CRA Minutes -2- 811195 lt4 089 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. 91 • • 1 • ► 11► • ► ��. �I / CFO 1US IV I all, • t._. • ��► 1 1 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: I;4 SLY•] Niel Il [•�►i�AI����i�:3 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). UX70) Director Jones advised he would abstain on this item due to its proximity to his business/residence. CRA Minutes -3- 811195 090 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; CRA Minutes -4- 8/1/95 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. 1 i 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 -5- 811195 091