1997-0519_CAPISTRANO UNIFIED SCHOOL DISTRICT_2nd Amd & Rstd Agr for Cooperationit
SECOND AMENDED AND RESTATED AGREEMENT FOR COOPERATION
1. PARTIES AND DATE.
1.1 Parties to Agreement. This Second Amended and Restated Agreement for
Cooperation (the "Agreement" or the "Second Amended Agreement") is hereby entered into as of
May 19, 1997, by and among the CAPISTRANO UNIFIED SCHOOL DISTRICT, a public
agency (the "District"), the SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"), and the
CITY OF SAN JUAN CAPISTRANO, a municipal corporation (the "City").
1.2 Amends and Restates Original Agreement. This Agreement amends and
restates those specific provisions of. 1) that certain Agreement for Cooperation between the
District, the Agency and the City, dated March 5, 1985 (the "Original Agreement"); and 2) that
certain Amended and Restated Agreement for Cooperation between the District, the Agency and
the City, dated January 7, 1986 (the "First Amended Agreement"), which remain to be performed
in the manner agreed by the respective parties.
2. RECITALS.
2.1 Redevelopment Plan. The City of San Juan Capistrano has adopted Ordinance
No. 488 on July 12, 1983, as amended by Ordinance No. 509 adopted on May 15, 1984, and as
amended by Ordinance No. 547 adopted on July 16, 1985, which ordinances approve the San
Juan Capistrano Central Redevelopment Project ("Redevelopment Plan") and establish the San
Juan Capistrano Central Project Area ("Area") pursuant to the California Community
Redevelopment Law (Health and Safety Code Section 33000, et. seq. for the redevelopment,
replanning and redesigning of certain blighted areas within the City of San Juan Capistrano which
require redevelopment in the interest of the health, safety, and general welfare of the City of San
Juan Capistrano.
2.2 Need for Elementary School. The District has identified the need for a new
elementary school site in close proximity to Marco Forster Middle School. A site for such
elementary school has been incorporated into the City's Open Space Master Plan and shall be
named as determined by the District (the "Elementary School 664640007 Parcel"). The
Elementary School 664640007 Parcel is an approximately seven (7) acre portion of a larger parcel
of real property which has been jointly acquired by the City and the Agency, and is depicted on
Exhibit "A", attached and incorporated herein by reference.
2.3 Purpose of Agreement. District on the one hand and Agency and City, on the
other hand, wish to enter into this Second Amended and Restated Agreement for Cooperation
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among themselves to provide mutual aid and assistance in the redevelopment of certain areas of
the City. More specifically, and subject to the conditions described hereinafter, Agency, City and
District wish to cooperate in connection with the following redevelopment activities, which shall
constitute mutual and adequate consideration for the exchange and release of each obligation and
activity:
(a) Conveyance of fee title to the Elementary School 664640007 Parcel from the
City and the Agency to the District for the construction of a school thereon as further described in
the Purchase and Sale Agreement attached as Exhibit "B", attached hereto and incorporated
herein by reference.
(b) Reconveyance from the Agency to the District of fee title to Parcel B of the
Capistrano Elementary School Site (more particularly known as the "Serra High School Site"),
particularly described in the grant deed attached hereto as Exhibit "C", attached hereto and
incorporated herein, to be executed concurrently herewith. The legal description for Parcel B
shall include the playing field and all property upon which permanent and relocatable buildings as
currently situated on the Serra High School Site, as more particularly determined by a survey, the
cost of which shall be equally shared by the Agency and the District.
(c) Release by District of the Agency's obligation to proceed with the construction
of a fifty (50) meter competition swimming pool as required by Sections 5.4(b) and 5.9 of the
First Amended Agreement; however, this does not preclude the District from utilizing school
facilities fund proceeds for the construction of said swimming pool as provided for in Section 5.3.
(d) Release by District of the Agency's obligation to relocate the District's existing
adult education and continuation school facilities which exist on said Parcel B to a permanent site
to be acquired by the Agency for the District as imposed by Section 2.2(d) of the First Amended
Agreement.
(e) Release by the District of the obligation to convey fee title to the District of a
2.5 acre site free and clear of all liens and encumbrances, subject to the District's prior right to
approve such site, as required by Sections 5.4(b) and 5.9 of the First Amended Agreement.
(f) Lease of real property from the District to the Agency, known as "Stone
Field", more particularly described in the proposed lease, attached as Exhibit "D" and
incorporated herein by reference, and the conveyance of fee title to the Agency of another parcel
known as the "Library Parcel", as described on Exhibit "E", attached hereto and incorporated
herein.
(g) Continuation of the existing tax sharing agreement, as provided in the Original
Agreement and First Amended Agreement, to alleviate the burden and detriment of the
Redevelopment Plan upon the District.
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(h) Termination of all other obligations under the Original Agreement and the
First Amended Agreement, permanently and irrespective of the performance or non-performance
of the obligations under this Second Amended Agreement.
3. EFFECT ON PRIOR OBLIGATIONS.
3.1 Continuation of Tax Sharing and Termination of Other Obligations. The
parties intend that the tax sharing obligations of the Agency to the District pursuant to Section 6.1
(bXii) of the First Amended Agreement shall remain in full force and effect as restated in this
Second Amended Agreement, and shall be clarified but not amended by this Second Amended
Agreement. Except as specified in Section 2.3 of this Agreement, all other respective obligations
of the parties pursuant to the Original Agreement and the First Amended Agreement are hereby
terminated, extinguished and of no further force or effect, regardless of the performance or failure
thereof of any obligation under this Second Amended Agreement. All obligations to assist in the
development of the Commercial Site as a single, unified, high intensity commercial development
are hereby extinguished. The obligation of the District to convey Buchheim Field and the
recreational portion of the San Juan School Site to the Agency is terminated, and the Agency's
obligation for the redevelopment thereof is terminated. The obligation of the Agency to construct
a competition swimming pool is terminated; however, this does not preclude the District from
utilizing school facilities fund proceeds for the construction of such a swimming pool as provided
for in Section 5.3. The obligation to establish Fund No. I is terminated.
4. CONVEYANCE OF THE ELEMENTARY SCHOOL 664640007 PARCEL TO
DISTRICT.
4.1 Purchase and Sale of Elementary School 664640007 Parcel. The City and
Agency agree to sell to the District and the District agrees to purchase the Elementary School
664640007 Parcel, in accordance with and subject to all of the terms, covenants, and conditions
of that certain Purchase and Sale Agreement (Exhibit "B")-
4.2 Purchase Price, Payment and Note.
A. The purchase price of the Elementary School 664640007 Parcel shall be
Two Million Four Hundred Thousand Dollars ($2,400,000.00), or a final purchase price set by
appraisal as approved by the Office of Public School Construction of the State of California,
subject to the following limitations:
(i) the final purchase price may be set anywhere within the range of
10% of the $2,400,000, plus or minus, pursuant to the Office of
Public School Construction final approval of an appraisal from a
certified appraiser;
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(ii) if the final appraisal figure deviates more than 10% from the
$2,400,000 purchase price, then either party reserves the right to
reconsider and rescind this Agreement within 30 days of receipt of
written notice of the final appraisal figure from the Office of Public
School Construction. Rescission of this Agreement shall be
completed by either party sending written notice of termination to
the other party.
B. The purchase price shall be subject to a credit from the Agency in favor of
the District. The credit shall be calculated to equal an amount of money using the same per -acre
value established for the Elementary School 664640007 Parcel, multiplied by a factor of two and
1/2. Therefore, as an example, if the Elementary School 664640007 Parcel is assumed to be 10
acres and having a final appraised value of $2.4 million, the per -acre value would be $240,000.
The credit calculation would then be 2 1/2 x $240,000 = $600,000. The credit of $600,000
would then be applied to reduce the purchase price by that amount.
C. The purchase price shall be paid by District with payments from the
Capistrano Unified School District\San Juan Capistrano Community Redevelopment Agency
School Facilities Fund ("School Facilities Fund") as described herein in Section 5. 1, until paid in
full. Each party agrees to authorize the application of tax sharing payments to provide for the
payment of the purchase price of the Elementary School 664640007 Parcel through Agency's
retention of the amounts to be paid to District into the School Facilities Fund.
D. Since the consideration for the reduced purchase price is separate and apart
from the value of the Elementary School 664640007 Parcel, the reduced purchase price shall not
be reflected in the Purchase and Sale Agreement. The purchase price shall be paid by the District
commencing upon the eleventh (1 Ith) anniversary of the date that the Agency first makes a
payment to the District pursuant to Section 5.1 hereunder.
E. District shall execute a Promissory Note in the form of Exhibit "F",
attached hereto and made a part hereof, secured by the School Facilities Fund, to guarantee
payment of the purchase price. The note shall reference the above stated credit.
4.3 No Interest on Promissory Note. The promissory note reflecting the purchase
price of the Elementary School 664640007 Parcel shall bear no interest.
4.4 District Certificate Regarding Future Public Uses of Elementary School
664640007 Parcel. District shall execute the certificate, attached as Exhibit "G," and
incorporated herein by reference, acknowledging that the Elementary School 664640007 Parcel
shall not be used for private, non-public purposes. This certificate is required by Agency to
satisfy certain provisions of the California Community Redevelopment Law (Health and Safety
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Code Sections 33000, et seq.) which apply to the financing used by the Agency to acquire this
subject seven acres of land.
5. CAPISTRANO UNIFIED SCHOOL DISTRICT SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT
FUND.
5.1 Establishment of School Facilities Fund. The obligation to create what was
described as Fund No. I in the First Amended Agreement is terminated. Capistrano Unified
School District San Juan Capistrano Community Redevelopment Agency Capital Improvement
Fund No. 2, as said fund was described in the First Amended Agreement, shall be renamed and
hereafter referred to in this Agreement as the "School Facilities Fund", and is hereby restated,
clarified and established. The School Facilities Fund is to be administered by the Agency and to be
utilized for the purposes of this lgreement. The following monies shall be deposited in the
School Facilities Fund: property taxes which are allocated to the Agency pursuant to Health and
Safety Code Section 33670(6) and which are attributable to that area lying within the territorial
limits of the District which also lies within the territorial limits of the Project Area of the Agency
after the effective date of Ordinance No. 488 of the City of San Juan Capistrano, and which are in
excess of Three Million Dollars ($3,000,000.00) in any year of the Redevelopment Plan (which
excess shall be referred to hereinafter as the "extraordinary tax increment"). Said moneys shall be
allocated by Agency upon receipt to the School Facilities Fund and shall be used and accumulated
in sufficient amount 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; provided, however, that in no event shall the District
be entitled to more than Five Million Dollars ($5,000,000.00) in any consecutive five (5) year
period.
5.2 Relationship to Other Tax Increment Funds. The obligations of Agency with
respect to the School Facilities Fund shall be subordinated to funds provided to other taxing
agencies or pledged to other Agency indebtedness if and to the extent that tax increment is
hereafter pledged or promised by Agency to such taxing agencies or other obligees of Agency
other than City, except that no such pledge or promise shall reduce the taxes allocated to School
Facilities Fund below the amount which would otherwise have 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).
5.3 Use of School Facilities Fund. The School Facilities Fund may be expended only
for acquisition or lease of real property and /or capital improvement projects located within the
City of San Juan Capistrano, either inside or outside of the Project Area, which are of benefit to
the Project Area and in compliance with Health and Safety Code Sections 33445 and 33679, and
all other applicable laws. The primary application of the School Facilities Fund, and first in
priority, shall be the payment of the purchase price of the Elementary School 664640007 Parcel,
as set forth in Section 4.1 of this Agreement. Other permissible uses of the School Facilities Fund
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proceeds include, but are not limited to: the construction of a fifty (50) meter competition
swimming pool at Capistrano Valley High School; the lease or purchase of land or facilities for
use only as schools, District administrative offices and operations facilities; the construction,
expansion, addition to, or reconstruction or modernization of permanent school buildings,
facilities, structures or other permanent public improvements, including without limitation any and
all direct development costs for planning, engineering, and architectural services and costs for
contract administration expenses incurred in connection with the planning, construction or
completion of such public improvements, provided that such expenditures are of benefit to the
Project Area. The use of such funds for payment of salaries, wages or benefits to District
employees is prohibited, except those costs of District personnel for services directly involved in
the construction, inspection or project management of such public improvements.
6. PROPERTY LEASES AND PARCEL B.
6.1 Parcel B Conveyance to District. The Agency agrees to convey fee title of
Parcel B to District in the form of a grant deed as set forth in Exhibit "C".
6.2 Termination of Existing Lease. That certain "Lease" of Parcel B at the Serra
High School Site from the City/Agency, as lessor, to the District, as lessee, dated April 27, 1989,
is hereby terminated and of no further force or effect. Possession of Parcel B is hereby delivered
to the District, effective with the execution of this Agreement, and the parties mutually release
each other from any obligations pursuant to the Lease.
6.3 Agreement to Lease Stone Field and Convey Fee Title to the Library Parcel.
A. District and City agree to enter into a lease wherein District shall lease to
City the property known as Stone Field, more particularly described in the lease (Exhibit "D") to
be executed concurrently herewith, for a term of twenty-five (25) years.
B. District, Agency and City agree to the conveyance by District to City of fee
title to the Library Parcel (Exhibit "E"), presently burdened by the remaining term of a fifty (50)
year lease to the City.
7. GENERAL PROVISIONS.
7.1 Termination by Mutual Consent. This Agreement can be terminated only by
mutual consent of all parties.
7.2 Education Code Requirements. This Agreement, inasmuch as it binds District to
sell, lease, exchange and/or grant real property under certain conditions/events, must be executed
in accordance with applicable provisions of the Education Code as must each real property
transaction, subject to approval by the appropriate State Agency.
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7.3 Attorneys' Fees. 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 attorneys' fees in the amount determined by the Court,
together with costs reasonably incurred in prosecuting and defending such action.
7.4 Effective Date and Term. This Agreement shall become effective upon the date
set forth above and shall remain in effect for the periods set forth herein.
7.5 Modification and Termination. In the event any section or portion of this
Agreement shall be held, found or determined to be unenforceable or invalid for any reason
whatsoever, the remaining provisions shall remain in effect, and the parties thereto shall take
further actions as may be reasonably necessary and available to them to effectuate the intent of the
parties as to all provisions set forth in this Agreement.
7.6 Default. Failure or delay by any party to perform any term or provision of this
Agreement constitutes a default under this Agreement. The party who so fails or delays must
immediately commence to cure, correct or remedy such failure or delay, and shall complete such
cure, correction or remedy with reasonable diligence and during any period of curing shall not be
in default. The injured party shall give written notice of default to the party in default, specifying
the default complained of by the injured party. If the cure of default is not commenced within
thirty (30) days after service of such notice of default, and is not cured promptly in a continuous
and diligent manner within a reasonable period of time after commencement, the defaulting party
shall be liable for any damages caused by such default, and the non -defaulting party may thereafter
commence an action for damages or for specific performance of this Agreement, with respect to
such default.
7.7 Indemnification. The Agency shall indemnify and hold harmless the District and
its officers, agents, employees, representatives and volunteers, from and against any loss, liability,
claim or judgment relating in any manner to the Agency's discharge or breach of its obligations
pursuant to this Agreement. The District shall indemnify and hold harmless the City, the Agency
and their officers, agents, employees, representatives and volunteers, from and against any loss,
liability, claim or judgment relating in any manner to the District's discharge or breach of its
obligations pursuant to this Agreement.
7.8 Notices. Written notices, demands and communications between the parties shall
be sufficiently given if delivered by hand, sent by telecopy or overnight delivery service, or
dispatched by registered or certified mail, postage prepaid, return receipt requested, to the
addresses specified below:
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To Agency:
San Juan Capistrano Community Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Attention: Executive Director
To District:
Capistrano Unified School District
32972 Calle Perfecto
San Juan Capistrano, California 92675
Attention: Deputy Superintendent
All notices and communications sent to the parties shall be deemed to have been received three
(3) days after the notice or communication has been deposited in the U.S. Mail, and the next
business day after the notice or communication has been delivered by hand or sent by telecopy or
overnight delivery service.
7.9 Books and Records. The Agency shall, within thirty (30) days after receipt of
written request from the District, make available to the District for review or audit its records or
statements regarding the allocation and payment of Tax Increment to the Agency in accordance
with its Redevelopment Plan pursuant to Health and Safety Code Section 33670(b).
7.10 Nonliability of Officials and Employees of Parties. No member, official or
employee of the parties hereto shall be personally liable to the other party, or any successor in
interest, in the event of any default or breach of this Agreement or for any amount which may
become due hereunder, or on any obligations under the terms of this Agreement.
7.11 Conflicts of Interest. No member, official or employee of the parties hereto shall
have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or
employee participate in any decision relating to the Agreement which affects his or her personal
interests or the interests of any corporation, partnership or association in which he or she is
directly or indirectly interested.
7.12 Entire Agreement. This Agreement and the Exhibits attached hereto constitute
the entire understanding and agreement of the parties, integrate all of the terms and conditions
mentioned herein or incidental hereto, and supersede all negotiations or previous agreements
between the parties with respect to all or any part of the subject matter hereof, specifically
including the Original Agreement and the First Amended Agreement, which shall be terminated
and of no further force or effect as of the date of this Agreement. In the event that this
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Agreement is found to be invalid or is otherwise terminated, the Agency and District agree that
each shall attempt in good faith to renegotiate this Agreement to give effect to the intent of the
Agreement, the Original Agreement and the First Amended Agreement.
7.13 Waivers and Amendments. All waivers of the provisions of this Agreement shall
be in writing and executed by the appropriate authorities of the parties, and all amendments hereto
shall be in writing and executed by the appropriate authorities of the parties.
7.14 Time of Essence. Time is of the essence with respect to every portion of this
Agreement of which time is a material part.
7.15 Legal Challenge. The District, City and Agency agree that in the event litigation
is initiated by a person or entity not a party to this Agreement, attacking the validity of all or any
portion of this Agreement, each party shall support and seek to uphold this Agreement.
7.16 Governing Law. This Agreement shall be construed in accordance with the laws
of the State of California.
7.17 Further Assurances. Each party without further consideration agrees to execute
such other and further documents, and to perform such other and further acts, as may be
necessary or proper in order to consummate the settlement and transaction contemplated by this
Agreement.
7.18 Severability. If any term or provision of this Agreement shall be invalid or
unenforceable to any extent, the remainder of this Agreement shall not be affected thereby.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
DISTRICT:
CAPISTRANO UNIFIED SCHOOL
DI ICT, a public agency
Jarhes A. Fleming
Superintendent
ATTEST:
District Secretary
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APPROVED AS TO FORM:
PARKER, COVERT & CHIDESTER
By:
Douglas 14. Yeor6
dh
Special District Counsel
ATTEST:
Cheryl John , AqWncy Secretaryy
APPRO D AS
John IV. Shaw, Agency Counsel
ATTEST:
By: i�
Cheryl JohnChery1 John , C�Clerk
APPROVED AS TO FORM:
By: Lq 4
John haw, City Attorney
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AGENCY:
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPME, T AGENCY, a public body
CITY:
CITY OF SAN JUAN CAPISTRANO, a
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W."Agency Copy"
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1. PARTIES AND DATE
1.1 This Amended and Restated Agreement is entered into
this 7th day of January , 1986 by and between the
CAPISTRANO UNIFIED SCHOOL DISTRICT, a public agency ("District"),
and the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
("Agency") and the CITY OF SAN JUAN CAPISTRANO, a Municipal Cor-
poration ("City"), and amends and restates that certain AGREEMENT
FOR COOPERATION BETWEEN THE CAPISTRANO UNIFIED SCHOOL DISTRICT
AND THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY dated
March 5, 1985.
2. RECITALS
2.1 The City of San Juan Capistrano has adopted Ordinance
No. 488 on July 12, 1983, as amended by Ordinance No. 509 adopted
on May 15, 1984, and as amended by Ordinance No. 547 adopted on
July 16, 1985, which ordinances approve the San Juan Capistrano
Central Redevelopment Project ("Redevelopment Plan") and estab-
lishes the San Juan Capistrano Central Project Area ("Area") pur-
suant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) for the redevelopment, replan-
ning and redesigning of certain blighted areas within the City of
San Juan Capistrano which require redevelopment in the interest
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of health, safety, and general welfare of the City of San Juan
Capistrano.
2.2 District on the one hand and Agency and City, on the
other hand, wish to enter into this Amended and Restated Agree-
ment for Cooperation between themselves to provide mutual aid and
assistance in the redevelopment of certain areas of the City
through the acquisition, relocation, and construction of public
school facilities and other public facilities. More
specifically, and subject to the conditions described
hereinafter, Agency, City and District wish to cooperate in con-
nection with the following redevelopment activities.
(a) Redevelopment of portions of San Juan School cur-
rently owned by the District (hereinafter "Commercial Portion of
the San Juan School Site") in conjunction with the public right
of way immediately south of the San Juan School site identified
as "Spring Street", and with that certain parcel immediately
south of the Spring Street right-of-way (hereinafter "Parcel 1"),
all as shown on Exhibit "A" attached hereto and incorporated
herein by reference (collectively referred to herein as the
"Commercial Site"), as a single unified commercial development
similar to the commercial development provided for in the pre-
viously approved Downtown Master Plan, which redevelopment would
include a reorientation of those portions of San Juan School to
remain in school use from Spring Street toward Buchheim Field,
including construction of new buildings replacing the
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kindergarten and the child care center located on the Commercial
Portion of the San Juan School Site.
(b) The conveyance to the Agency of Buchheim Field and
portions of San Juan School (hereinafter "Recreational Portion of
San Juan School Site") (the legal description of Buchheim Field
is attached hereto as Exhibit "B" and the general identification
of the Recreational Portion of San Juan School Site is attached
hereto as Exhibit "C"); the relocation of the District's Regional
Occupation Program ("R.O.P.") located at Buchheim Field to a per-
manent site provided, however, District shall have the right to
approve any such site and no relocation may occur until the
District's approval has been first obtained; and the use of Buch-
heim Field and the Recreational Portion of San Juan School for
joint recreation and physical education uses by the City and the
District.
(c) Conveyance of a portion of the Capistrano Elemen-
tary School Site (legal description attached hereto as Exhibit
"D" [intent to include area nearest library and tennis court,
designated Parcel A]) to Agency, said site to be conveyed by
Agency to the City for the construction of a City Hall and
suitable parking.
(d) Conveyance of that remaining portion of the
Capistrano Elementary site (legal description attached hereto as
Exhibit "D" [intent to include area now utilized for existing
District activities, including field, designated Parcel B]) to
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Agency with a lease -back of the site to the District; the ul-
timate relocation of existing adult education and continuation
school facilities to a permanent site to be acquired by Agency
for District; development upon said portion the Capistrano
Elementary School site by Agency of public facilities which may
include a performing arts center, museum, fine arts facilities,
data processing center, and/or other public or quasi -public uses,
unless otherwise mutually agreed.
(e) The financing and construction by Agency of a Dis-
trict owned Sports Center consisting of a standard size gymnasium
for a student body enrollment of 2,000 and a minimum 50 meter
competition size swimming pool at Capistrano Valley High School
("C.V.H.S.").
2.3 District, Agency, and City recognize the need to
provide adequate public school facilities and other public serv-
ices and amenities, as described hereinafter, to serve the
Project Area. District, Agency, and City 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 and other public facilities.
Accordingly, it is the purpose of this Agreement to create a
cooperative relationship among the Agency and City and District
to provide for the implementation of projects which are a mutual
benefit to Agency, City and District and the community at large
by utilizing the combined resources of the Agency and the
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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. SAN JUAN SCHOOL
3.1 The District shall cooperate with the Agency to promote
the development of the Commercial Site as a single unified, high
intensity commercial development. To this end, District shall:
(a) Permit the Commercial Portion of the San Juan
School Site to be included within the redevelopment plans for the
Commercial Site;
(b) Assist the Agency in securing a developer for the
redevelopment of the Commercial Site;
(c) Support all applicable provisions of the City's
general planning and design constraints in connection with
redevelopment proposals;
(d) Authorize City, Agency and/or developer to file
necessary and appropriate applications for land use approval in
connection with those portions of the San Juan School Site which
are included in the Commercial Site;
(e) Assist City, Agency and/or participating
developers with appraisals, legal descriptions of property,
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prospectus, site access, surveys, soils tests, and related
predevelopment activities in connection with the Commercial Site;
(f) Share equally any costs associated with the above
redevelopment activities not otherwise paid for by participating
developers, provided that both parties mutually consent to incur-
ring such costs. Agency and District may each recover its share
of any costs mutually agreed upon from Fund No. 2, as such Fund
No. 2 is hereinafter described;
(g) Convey the Commercial Portions of the San Juan
School Site to Agency in accordance with Section 3.6 hereof.
3.2 Agency will promote and encourage proposals for the
redevelopment of the Commercial Site and, in the event a proposal
is approved by the District and Agency, enter into a Redevelop-
ment Agreement pursuant to which the Developer will acquire
Spring Street, the Commercial Portion of the San Juan School Site
from the Agency and title to Parcel 1; provided, however, Agency
shall not be required to compel the improvement of Parcel 1
without the consent and cooperation of the owner of Parcel 1.
3.3 Agency shall prepare a master plan of development
(hereinafter "Master Plan of Development") which shall establish
standards, guidelines, the general development scheme, and inter-
relationship among the following projects:
(a) The Commercial Site;
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(b) The reorientation of San Juan School from Spring
Street toward Buchheim Field and the necessary refurbishment
thereof, including construction of new buildings to replace
the kindergarten and child care center buildings located on the
Commercial Portion of the San Juan School Site, as may be
mutually agreed upon by the parties hereto;
(c) The redevelopment of Buchheim Field and the
Recreational Portion of San Juan School Site (Little League
fields) to be included in a recreational and physical education
facility to serve the City and the District as may be mutually
agreed upon by the parties hereto.
3.4 District shall cooperate with and provide assistance to
the Agency in developing a Master Plan of Development and shall
have the right to review and approval of any Master Plan of
Development, which approval shall not be unreasonably withheld,
provided that the master Plan of Development and the standards
and guidelines contained therein provide for the redevelopment of
the Recreational Portion of the San Juan School Site, Buchheim
Field, and the Commercial Site in a manner generally consistent
with the terms of this Agreement.
3.5 The District shall have the right to review and ap-
proval of any proposed Disposition and Development and/or Owner
Participation Agreement ("Redevelopment Agreement") between the
Agency and a developer in connection with the redevelopment of
the Commercial Site, the reorientation of the Recreational
7
Portion of San Juan School Site toward Buchheim Field, and/or
the redevelopment of Buchheim Field and other portions of San
Juan School as community recreational facilities, which approval
shall not be unreasonably withheld, provided that any such
Redevelopment Agreement provides for redevelopment in a manner
generally consistent with the terms of this Agreement and the
Master Plan of Development.
3.6 At the request of the Agency, but no later than ten
(10) years after execution of this Agreement, District shall
declare as surplus property, and convey the Commercial Portion of
the San Juan School Site (legal description of which shall be
determined in conjunction with and as part of the Master Plan of
Development) to Agency, provided that Agency is then in a posi-
tion to concurrently convey the Commercial Portion of the San
Juan School Site to a Developer pursuant to an approved
Redevelopment Agreement, and which agreement permits the District
to meet the requirements of Education Code Section 39500. The
proceeds of such sale to a Developer shall be placed in a special
interest-bearing fund entitled, "Capistrano Unified School Dis-
trict San Juan Capistrano Community Redevelopment Agency Capital
Improvement Fund No. 1" (hereinafter "Fund No. 1"), to be ad-
ministered by the Agency.
3.7 Precedent to or in conjunction with the conveyance of
the Commercial Portion of the San Juan School Site to Agency,
Agency shall have acquired Spring Street from the City and shall
convey same to Developer pursuant to the Redevelopment Agreement
3
i
for the redevelopment of the Commercial Site. The proceeds of
said sale to Developer shall be placed in Fund No. 1.
3.8 Those portions of the San Juan School Site not conveyed
to Agency for redevelopment pursuant to Section 3.6 of this
Agreement and the Recreational Portion of the San Juan School
Site to be redeveloped as City and District recreational and
physical education facilities in conjunction with Buchheim Field
shall be refurbished and reoriented away from Spring Street and
toward Buchheim Field at no expense to the District, in accord-
ance with the Master Plan of Development prior to or in conjunc-
tion with the commercial development of the Commercial Site.
3.9 The interest earned on the funds deposited in said Fund
No. 1 and any principal unless previously pledged as hereinafter
provided, shall be expended for the benefit of District, upon
request by the District, in accordance with this Agreement.
Agency may incur debt to finance its obligations pursuant to this
Section 3 and pledge interest earned on the funds deposited in
Fund No. 1 as a source of repayment of such debt and pledge the
principal thereof as collateral. Should the interest from the
proceeds of sale deposited in Fund No. 1 be insufficient to
finance its obligations pursuant to this Section 3, Agency shall
provide any additional funds necessary to meet its obligations.
All work shall be done and improvements made and completed in
compliance with all federal, state, and local requirements. The
District shall approve all plans and specifications for any
projects to be undertaken hereunder, which projects the School
2
District will utilize to fulfill its educational
responsibilities.
3.10 Should Agency fail to develop a Master Plan of Develop-
ment (as provided by Section 3.3) within five (5) years of execu-
tion of this Agreement or fail to request conveyance of the Com-
mercial Portion of the San Juan School Site within the time
period and under conditions specified in Section 3.6, the Dis-
trict at its sole discretion, may, upon written notice, terminate
this Agreement with respect to the San Juan School Site and
neither party shall have any rights or obligations with regard to
this Section 3.
4. BOCHHEIM FIELD
4.1 Following completion of the Master Plan of Development,
as provided for by Section 3.3 of this Agreement and approval of
same by District, but in no case later than ten (10) years after
execution of this Agreement, the District shall at the Agency's
request convey title to Buchheim Field and the Recreational Por-
tion of the San Juan School Site to be developed for recreational
purposes, free and clear of all liens and encumbrances excepting
a power of termination on conditions as described in Section 4.7,
the exact boundaries and legal description of which shall be
determined in conjunction with and as part of the Master Plan of
Development.
10
4.2 Upon conveyance of title to the Agency, the Agency
shall undertake redevelopment of all or portions of Buchheim
Field and the Recreational Portion of the San Juan School Site,
in accordance with the Master Plan of Development prior to or in
conjunction with the commercial development of the Commercial
Site and the reorientation of San Juan School toward Buchheim
Field.
4.3 Any redevelopment activities undertaken by the Agency
on Buchheim Field and those portions of the Recreational Portion
of the San Juan School Site to be redeveloped for recreational
purposes shall meet the following requirements:
(a) The District and other appropriate agencies shall
approve all plans and specifications;
(b) Schedule or work shall be developed and approved
by the District to assure minimum disruption to the educational
responsibilities of the District and to the activities of San
Juan School.
4.4 Subsequent to conveyance of the title in accordance
with Section 4.1, the District shall have the right to control
and approve of activities on Buchheim Field and the Recreational
Portion of the San Juan Site during school hours.
4.5 Agency may undertake redevelopment of parts of Buchheim
Field without relocating the R.O.P. provided such development ac-
tivities do not interfere with the activities of the R.O.P.;
however, by no later than twelve (12) years of execution of this
11
Agreement Agency shall convey to District a permanent site free
and clear of all liens and encumbrances of not less than five (5)
acres approved by District and relocate the R.O.P. buildings and
parking to that site, the expenses of which shall be the obliga-
tion of the Agency, in conformance with the provisions of Section
2.2(b).
4.6 Should Agency fail to develop a Master Plan of Develop-
ment (as provided by Section 3.3) within five (5) years of execu-
tion of this Agreement, or fail to request conveyance of Buchheim
Field and the Recreational Portion of San Juan School Site within
the time period specified in Section 4.1, District may at its
sole discretion upon written notice terminate this Agreement with
respect to Buchheim Field and the recreational portion of the San
Juan School Site and neither party shall have any right or
obligations with regard to this Section 3.
4.7 Should Agency fail to convey to District a permanent
site for the R.O.P. and relocate the R.O.P. as specified in Sec-
tion 4.5 within the period therein specified, the District may at
its sole discretion upon written notice terminate this Agreement
with respect to Buchheim Field and the recreational portion of
the San Juan School Site and title to that property, along with
all improvements, conveyed pursuant to Section 4.1 shall be sub-
jected to the power of termination held by the District neither
party shall have any rights or obligations with regard to this
Section 4.
12
5. C"ISTRANO ELENENTARY SCHOOL SITE
5.1 Following the execution of this Agreement:
(a) The Agency and/or City may commence master plan-
ning all or portions of the Capistrano Elementary School Site for
City Hall, museum, cultural center and/or public institutional
uses including adequate parking in that portion of the site
described in Section 5.1(b).
(b) The Agency shall simultaneously request title to
both portions of the Capistrano Elementary School Site designated
in Section 2.2(c) and Section 2.2(d) within six (6) months fol-
lowing approval of the State Agency described in subparagraph (c)
hereof;
(c) The District shall, upon the Agency's request,
forthwith subject to State Agency approval convey title to said
portions of the Capistrano Elementary School Site described in
Section 5.1(b) free and clear of all liens and encumbrances, ex-
cepting powers of termination held by the District on conditions
as described in Sections 5.8-5.10 provided however in the event
District fails to receive State agency approval or is otherwise
legally prohibited from conveying the Capistrano Elementary
School Site to Agency this Agreement with respect to that Site
shall be terminated and neither party shall have any rights or
obligations with regard to this Section 5.
13
5.2 Upon conveyance of titles to the Agency:
(a) The Agency shall lease to the District for One
Dollar ($1.00) per year Parcel B designated in Section 2.2(d) for
the purpose of the District continuing its adult
education/continuation school and other functions. The District
shall have sole discretion in determining use of the leased
property in conjunction with the educational program but said use
shall be compatible with Agency/City use of Parcel A as described
in Exhibit "D." The Agency shall maintain the exterior of all
permanent structures and grounds of the leased premises and the
District shall maintain the interior of such structures and pay
for all utilities. The lease of Parcel B shall continue in ef-
fect until such time but not to exceed twelve (12) years as the
adult education/ continuation school, and other functions can be
relocated to a permanent site as otherwise provided by this
Agreement.
(b) The Agency/City may forthwith cause the construc-
tion of a City Hall upon the Capistrano Elementary School site
within Parcel A described in Exhibit "D"; however, under no
circumstances may construction commence on a City Hall without
simultaneous commencement of construction on the gymnasium
described in Section 5.4(a).
5.3 Agency shall construct or cause the construction of
the "Sports Center" at Capistrano Valley High School, said
"Sports Center" to be owned by District. Upon completion of the
14
Sports Center, the City, if it so requests, shall be offered
priority use after the needs of the District are met.
5.4 Construction of the Sports Center may be accomplished
in two phases.
(a) Phase I shall consist of a gymnasium of sufficient
size to accommodate a student population of 2,000. Agency shall
commence plans for the gymnasium as soon as State Agency approval
for the conveyance has been achieved and shall proceed forthwith
with construction following approval of the plans by the District
and the State. Such construction shall start no later than three
(3) years after State Agency approval for the conveyance of the
Capistrano Elementary School Sites described in Section 5.1(b).
(b) Phase II shall consist of a fifty (50) meter com-
petition swimming pool, construction of which shall commence, and
thereafter proceed forthwith, not later than the tenth year fol-
lowing conveyance of title to the Capistrano Elementary School
Sites from the District to the Agency; however, under no cir-
cumstances may construction commence on Parcel B, Exhibit D,
without simultaneous commencement of construction of the swimming
pool.
5.5 The Agency shall utilize the Capistrano Elementary
School Sites (Exhibit D, Parcels A and B) for public and quasi -
public uses. While any public or quasi -public use may be per-
mitted at the discretion of the Agency, the Agency shall give
preference to the following uses: Parcel A, City Hall; Parcel B,
performing arts center, museum, cultural center; and/or community
15
exhibit and conference facilities as well as other uses which the
Agency determines to be compatible and/or necessary to support
the preferenced public uses established on the site. The Agency
may condition any joint use rights on agreements to participate
financially in the development and/or maintenance of any
facilities on the site.
5.6 Prior to any new development on the Capistrano Elemen-
tary School Sites, (Exhibit D, Parcels A and B), and no later
than five (5) years after execution of this Agreement, the Agency
shall prepare a master plan for the site (hereinafter "C.E.S.
Master Plan") including a study to fully explore potential for
uses herein identified as preferred. The District shall have a
representative participating in that study and master plan. Such
study shall include the feasibility of renovating existing
structures on the site, the adaptability of existing structures
for the uses permitted and contemplated by the C.E.S. Master
Plan, and a cost benefit analysis of the proposed uses. In
addition, the study shall consider the ability of the site to ac-
commodate the construction of new facilities. In this regard,
the siting of a performing arts center shall be given preference.
In the event it is determined from the study by both the Agency
and the District that a performing arts center is detrimental or
otherwise inappropriate to the proper development of the site,
the Agency and the District mutually pledge to use their best ef-
forts to locate and secure an alternative site for a performing
arts center, irrespective of the location of a performing arts
16
center, the Agency and the District mutually pledge their best
effort to secure suitable financing for the construction of the
facility. The District may utilize Fund No. 1, Fund No. 2 and/or
any other revenue or funding source available to the District to
undertake this task and/or participate in the actual construction
of the facility itself. The Agency may pledge tax increment or
utilize other funding and revenue sources available to the Agency
to undertake this task and/or to participate in the construction
of the facility itself. Further, and not as a limitation
thereon, the Agency and the District may exercise joint powers
authority, establish non-profit corporations, or enter into other
similar arrangements as may be mutually agreed upon.
5.7 Prior to implementation of the C.E.S. Master Plan as to
Parcel B, Agency shall convey to District a new site of acreage
free and clear of all liens and encumbrances equal to that which
is conveyed by District (includes Parcels A and B and Library
site, Exhibit D), said site to have completed comparable
facilities for District's then existing activities, provided
however, District shall have the right to approve any such site
and facilities and no relocation may occur until the District's
approval has been first obtained. Equal acreage shall be defined
as not less than 9.5 acres and comparable facilities shall be
defined as a minimum of 24,900 square feet, suitable for student
educational purposes.
5.8 Should Agency or City fail to commence and proceed
forthwith construction of the gymnasium within the three (3) year
17
period described in Section 5.4(a), title to Parcels A and B,
Exhibit "D" shall be subjected to the power of termination held
by the District, and the District may at its sole discretion,
upon written notice terminate the provisions of this Agreement
with respect to the Capistrano Elementary School Site and neither
party shall have any right or obligation with regard to this Sec-
tion 5.
5.9 Should Agency or City fail to commence and proceed
forthwith construction of the swimming pool within the ten (10)
year period described in Section 5.4(b), title to Parcel B, Ex-
hibit "D", shall be subjected to the power of termination held by
the District, and the District may, at its sole discretion upon
written notice terminate the provisions of this Agreement with
respect to Parcel B. In the event Agency or City fail to meet
the above condition for construction of the swimming pool, the
City shall be obligated to convey to the District a 2.5 acre site
free and clear of all liens and encumbrances, provided, however,
the District shall have the right to approve any such site.
Thereafter, neither party shall have any right or obligation with
regard to this Section 5.
5.10 Agency shall convey to District a new site as described
in Section 5.7 within twelve (12) years of the execution of this
Agreement or title to Parcel B, Exhibit "D", shall be subjected
to the power of termination held by the District, and the Dis-
trict may, at its sole discretion, upon written notice terminate
the provisions of this Agreement with respect to Parcel B and
W,
C�
neither party shall have any right or obligation with regard to
this Section 5.
5.11 Upon completion of all conditions and duties herein by
Agency or City, i.e., completion of the Sports Center described
in Sections 5.3 and 5.4, and conveyance of a new site of equal
acreage and completion of new facilities of square footage com-
parable to the Capistrano School as described in Section 5.7,
District shall convey the Library Site, Exhibit D, to Agency,
free and clear of all liens and encumbrances.
6. CAPISTRANO UNIFIED SCHOOL DISTRICT SAN JUAN CAPISTRANO COM-
MUNITY REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT FUNDS
6.1 Capistrano Unified School District San Juan Capistrano
Community Redevelopment Agency Capital Improvement Fund Nos. 1
and 2 ("Fund No. 1" and "Fund No. 2") are hereby established.
Said funds are to be administered by the Agency and to be util-
ized for the purposes of this Agreement. The following monies
shall be deposited therein:
(a) Fund No. 1:
(i) The proceeds of the sale, if any, of the Com-
mercial Portion of the San Juan School Site
by the Agency to a developer;
(ii) The proceeds of the sale, if any, of Spring
Street by the Agency to a developer.
19
(b) Fund No. 2:
(i) Taxes attributable to the Commercial Portion
of the San Juan School Site and Spring Street,
which would have otherwise been levied upon said
school site and Spring Street after the effective
date of Ordinance No. 488 (hereinafter "Tax
Increment") and which are allocated to Agency pur-
suant to Health and Safety Code Section 33670(b)
shall be transferred by Agency, upon receipt, to
Fund No. 2 and shall be used when accumulated in
sufficient amount to pay the principal of and in-
terest on loans, money advanced to or indebtedness
(whether funded, refunded, assumed or otherwise)
incurred by the Agency to finance or refinance, in
whole or in part, the obligations of Agency
hereunder.
(ii) Taxes attributable to that area within the ter-
ritorial limits of the District which are coinci-
dent with the territorial limits of the Project
Area after the effective date of Ordinance No.
488, and which are allocated to the Agency pur-
suant 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,
20
etc. as identified in the Redevelopment Plan)
(which excess is referred to hereinafter as
"extraordinary tax increment") shall be allocated
by Agency upon receipt to Fund No. 2 and shall be
used and accumulated in sufficient amount to pay
principal of and interest on loans, monies ad-
vanced to, or indebtedness, whether funded,
refunded, assumed or otherwise, incurred by Agency
to finance or refinance, in whole or in part, its
obligations hereunder; provided, however, that in
no event shall the District be entitled to more
than Five Million Dollars ($5,000,000) in such
consecutive five (5) year period.
(iii) The obligations of Agency with respect to Fund No.
2 shall be subordinated to funds provided to other
taxing agencies or pledged to other Agency in-
debtedness if and to the extent tax increment is
hereafter pledged or promised by Agency to such
taxing agencies or other obligees of Agency other
than City, except that no such pledge or promise
shall reduce the taxes allocated to Fund No. 2
below the amount which would otherwise have 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).
21
6.2 Fund No. 1 (after its use in connection with Section 3
hereof or as may be otherwise consented to by the District) and
Fund No. 2, to the extent available, shall be utilized to pay all
or part of the value of the land for and the cost of the instal-
lation and construction of any building, facility structure or
other improvement ("Improvements") as set forth in Section 7
hereof and subject to the limitations of Section 9.1 hereof.
District shall annually submit to Agency a budget and a list of
priorities for the use of Funds Nos. 1 and 2, and, subject to the
limitations of Section 9.1, Agency shall expend the proceeds of
such funds in accordance with the budget and list of priorities
as may be approved by the Agency. Approval of District projects
and priorities shall not be unreasonably withheld. Once such
"Improvements" are approved by the Agency at a public hearing,
the District may, in its sole discretion, adjust priorities.
6.3 Fund No. 2 may be allocated for carrying out the pur-
poses listed in Section 7 except as may be otherwise provided
herein.
6.4 At such time as Agency's obligations hereunder have
been completed, said Capital Improvement Funds shall be ter-
minated and no further obligations between the Agency and
District shall thereafter exist. Upon termination, the
contents, if any of Fund No. 1, shall be transferred to District
to the extent permitted by law.
22
7. REDEVELOPMENT PLAN CONSISTENCY
7.1 Agency and City have heretofore amended its Redevelop-
ment Plan to provide for the following:
(a) Identification or construction of the following
improvements:
(i) Acquisition and relocation of the San Juan
School Site;
(ii) Construction of the Sports Center at the
Capistrano Valley High School;
(iii) Relocation of the R.O.P.;
(iv) Acquisition of Buchheim Field;
(v) Construction of recreational facilities on
Buchheim Field or sites as may elsewhere be
determined;
(vi) Acquisition of the Capistrano Elementary
School Site and the relocation of the adult
education and continuation facilities located
thereof;
(vii) The rehabilitation, demolition, and/or the
construction of facilities on the Capistrano
Elementary School Site or sites as may be
elsewhere determined, to accommodate City
Hall performing arts, cultural, museum,
and/or other public and quasi -public uses and
purpose as provided herein;
23
(viii) The construction of an instructional media
and data processing center;
(ix) Rehabilitation of existing schools which
benefit the project area;
(x) Addition of temporary and/or permanent class-
rooms and other facilities for schools which
benefit the Project Area.
District shall provide Agency with a specific list of all
improvements and the location thereof described herein prior to
the commencement of processing the redevelopment plan amendment
by the Agency.
(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.
7.2 The District and the Agency agree that Section
7.1(a)(i) and (vii) are interpreted by the Parties to mean the
following:
(a) Section 7.1(a)(i) shall mean the acquisition of
only the Commercial Portions of the San Juan School Site in con-
junction with development of the Commercial Site and the acquisi-
tion of the Recreational Portion of the San Juan School Site and
its reorientation toward Buchheim Field, as is expressly provided
elsewhere in this Agreement;
24
0
(b) Section 7.1(a)(vii) is determined to expressly
permit the construction of a City Hall on the Capistrano Elemen-
tary School Site, Parcel A, Exhibit "D", by the City and/or the
Agency.
7.3 In the event the Agency is unable to meet is obligation
to construct a Sports Facility at Capistrano Valley High School,
the City agrees with the time periods herein specified to use its
best efforts to cause the Agency's obligations to be met by
utilizing any legally approved methods to accomplish this
obligation. The City reserves the right to acquire that portion
of the Capistrano Elementary School site designated in Exhibit D,
Parcel B, from the Agency subject to the power of termination
held by the District herein specified such power of termination
to be extinguished by Quit Claim Deed from District upon fulfill-
ment of the conditions described in Section 5.7 hereof.
8. TERNINATION AND OTHER CONTINGENCIES
8.1 With the exception of the provisions stated in Sections
3.10, 4.6, 4.7 and 5.8-5.10, this Agreement can be terminated
only by the mutual consent of all parties.
8.2 This Agreement, inasmuch as it binds District to sell,
exchange and/or grant real property under certain
conditions/events, must be executed in accordance with applicable
provisions of the Education Code as must each real property
transaction, subject to approval by the appropriate State Agency.
25
0
9. GENERAL PROVISIONS
9.1 Agency, in its sole discretion, may elect the method of
implementing its obligations under this Agreement. All funds ex-
pended 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 such improvement and
the exercise of discretion by the City Council following such
public hearing.
9.2 The City has been included as a party herein for the
following purposes and no other purposes:
(a) To enforce its right to acquire Parcel A of the
Capistrano Elementary School Site and to construct on Parcel A of
said property a City Hall;
(b) To enforce its right to file necessary and ap-
propriate applications for land use approvals in connection with
portions of the San Juan School Site if it so elects.
The City shall have no other obligations, financial or
otherwise hereunder, except as is specifically provided for in
Section 7.3 of this Agreement.
9.3 If any party to this Agreement commences litigation
against any other party for the purpose of determining and en-
forcing its rights hereunder or for money damages for a breach
hereof or for other equitable relief related hereto, the prevail-
ing party shall be entitled to receive from the losing party,
attorney's fees in the amount determined by the Court, together
26
9 0
with costs reasonably incurred in prosecuting and defending such
action.
DATED: �'2/- �� CAPISTRANO 4UNIFIE4OL DIRICT
By.e - nt, Bo steeSTs
DATED: January 7, 1986
DATED: January 7, 19R6
ATTEST:
City Clergency S cretary
Mary Ann Hanover
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT A ENCY
By:
A L. HAUSDORFER, CHA
CITY OF SAN JUAN CAPISTRANO
By
PHILLIP . SCIftfZTZE, MAYOR
APPROVED AS TO FORM:
Thomas p. Clark, Agen ounsel
27
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12
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123.8
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123
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SAN JUAN,
CAPI \RANO
129.4
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EXHIBIT A
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PORTION OF SAN JUAN
SCHOOL S -ITE TO REMAIN
IN SCHOOL
USE
COMMERCIAL PORTION OF
SAN JUAN
SCHOOL
SITE
SPRING STREE
PARCEL 1
y
EXHIBIT A
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of oral;¢, 3tute of Ccii:crnl::, :L: rer mnp tnerecr reccr_cc
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EXH1131T �B
PAGE 1 OF 2
TQ,.I CT /'lP /0.9
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That portion of Lot Eleven (il) of Tract No. 103, in'wi
County of Orange, State of California, a per map thereof
recorded in Booic 11, at pages 29 to 3discof rlbedcaslaneousa:
Naps, records of talre— Orar{s County,
Beginning at the most Westerly corner of ani"— Lot 11, a
running thence South 22. 291 East alon€ the Westerly line of
said lot, 196.21.Ieet; thence North 67 411 East Scrih'2fe1>i
thence North 4. 421 104 West 185.11 fent; theroe
Weal 30 feet to a :int in the Northerl7J line of @cid Lot 11,
which is distant hereon North 64. 591 iris 552.06 feet fra=
the yoint of bsiinnin5; thence South 64. 591 Meat, alone sal!_
Nor perly line, 653.06 feet to the point of bei .vrJ ; .�
NOTE: Sail property lips within Ban Juan Capistrano Semi—
tory District. EXHIBIT B
PAGE 2 OF 2
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BUCHHEIM FIELD
PORTION OF SAN JUAN SCHOOL FOR JOINT
RECREATION AND PHYSICAL EDUCATION USE
BY CITY AND DISTRICT
EXHIBIT C
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R E C I I A L a
WHEREAS, the Capistrano Unified School District, a public
agency ("District"), and the San Juan Capistrano Community
Redevelopment Agency, a public body, corporate and politic
("Agency") and the City of San Juan Capistrano, a municipal
corporation ("City") entered into that certain AMENDED AND
RESTATED AGREEMENT FOR COOPERATION BETWEEN THE CAPISTRANO
UNIFIED SCHOOL DISTRICT AND THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY AND THE CITY OF SAN JUAN CAPISTRANO (the
"Agreement") dated January 7, 1986 for the purpose of providing
mutual aid and assistance in the redevelopment of certain areas
of the City through the acquisition, relocation, and
construction of public school facilities and other public
facilities; and
WHEREAS, pursuant to Section 5.4(a) of the Agreement the
Agency was required to construct a gymnasium ("Gymnasium") at
Capistrano Valley High School of sufficient size to accommodate
a student population of 2,000, said construction to commence
within a specified time; and
WHEREAS, pursuant to Section 5.8 of the Agreement, if the
Agency or City failed to commence and proceed with construction
of the Gymnasium within the time specified, the District, at
its sole discretion, was permitted certain powers of
termination with regard to certain provisions of the Agreement;
and
WHEREAS, the Agency has now constructed the Gymnasium
pursuant to Section 5.4(a) of the Agreement; and
WHEREAS, pursuant to paragraph 3 of that certain GRANT DEED
executed April 27, 1989, naming the District as Grantor and the
Agency as Grantee ("Grant Deed"), upon the Agency's completion
of construction of the Gymnasium, the District's right of
reentry with respect to "Parcel A" as described in the Grant
Deed automatically terminated, and the District agreed to
provide the Agency with appropriate documentation to evidence
the termination of the District's right of reentry; and
WHEREAS, the District has determined that the construction
of the Gymnasium has been satisfactorily completed by the
Agency in full compliance with the terms of the Agreement.
NOW THEREFORE, the undersigned District hereby acknowledges
and agrees as follows:
1. That the District does hereby certify and determine
that the construction of the Gymnasium by the Agency as
required pursuant to Section 5.4(a) of the Agreement has been
fully and satisfactorily performed and completed, all in full
compliance with the terms of the Agreement.
2. That the District's termination rights as set forth in
Section 5.8 of the Agreement are hereby extinguished and
therefore the District is estopped from and waives assertion of
any and all rights to termination as set forth in Section 5.8
of the Agreement.
3. That the District hereby acknowledges that its right
of reentry with respect to "Parcel A" as described in Exhibit A
of the Grant Deed recorded on May 11, 1989 as No. 89-249414 has
now terminated, and therefore the District is estopped from and
waives assertion of any and all rights of reentry with respect
to "Parcel A" as set forth in the Grant Deed.
4. That except as otherwise expressly provided herein,
nothing contained in this instrument shall modify, waive or
annul, in any way, any other provisions of the Agreement.
IN WITNESS WHEREOF, the District has executed this
Certificate of Completion and Estoppel Certificate this 4
day of November , 1991.
7187u/2299-00
CAPISTRANO UNIFIED SCHOOL
DISTRICT, a public agency
By:7 Q
JAY4ES A. FLEMING, DISTRICT SUPERINTENDENT
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0
AGREEMENT FOR COOPERATION BETWEEN THE
CAPISTRANO UNIFIED SCHOOL DISTRICT AND
THE SAN JUAN CAPISTRAN0 COMMUNITY
REDEVELOPMENT AGENCY AND THE CITY OF
SAN JUAN CAPISTRANO `
1. PARTIES AND DATE
1.1 This Agreement is entered into this 5th day of March
1984, by and between the CAPISTRANO UNIFIED SCHOOL DISTRICT, a public agency
("District"), and the SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, ("Agency")
and the CITY OF SAN JUAN CAPISTRANO, a Municipal Corporation ("City").
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 Rede-
velopment Project ("Redevelopment Plan") and establishes the San Juan Capistrano
Central Project Area ("Project Area") pursuant to the California Community
Redevelopment Law (Health and Safety Code Section 33000 et. seq.) for the
redevelopment, replanning and redesigning of certain blighted areas within the City
of San Juan Capistrano which require development in the interest of health, safety
and general welfare of the City of San Juan Capistrano•
2,2 District and Agency wish to enter into a cooperative agreement
between themselves to provide mutual aid and assistance in the redevelopment of
certain areas of the City through the acquisition, relocation and construction
of public school facilities and other public facilities. More specifically, and
subject to the conditions described hereinafter, Agency and District wish to
cooperate in connection with the following redevelopment activities:
(a) Redevelopment of the San Juan School currently owned
by the District (legal description attached hereto as Exhibit "A")
together with that certain parcel immediately south of the San Juan
School Site (hereinafter "Parcel 1") as a single unified, commercial
development similar to the commercial development provided for in
the previously approved Downtown Master Plan, which redevelopment would
include the acquisition and relocation of the San Juan School by Agency.
SD
•
The San Juan School Site and Parcel 1 are shown on the map attached
hereto as Exhibit "B".
(b) The conveyance of Buchheim Field, currently owned by the
district (legal description attached hereto as Exhibit "C"), to the Agency;
the relocation of the District's Regional Occupation Program ("ROP") to a
permanent site; and the use of Buchheim Field for a new City Hall and
other public institutional uses.
(c) The R. 0. P. buildings may be temporarily relocated to
the Capistrano Elementary School Site, should the Agency and City so
desire. The relocation of the R. 0. P. buildings to a permanent site
may occur concurrently with the relocation of adult education and con-
tinuation school facilities, as provided for by Section 5.1 of this
agreement.
(d) Conveyance of the Capistrano Elementary School Site (legal
description attached hereto as Exhibit "D") to Agency, the relocation of
existing adult education and continuation school facilities to a permanent
site, and the development thereon by Agency of public facilities which may
include a performing arts center, museum, data processing center and/or
other public uses, unless otherwise mutually agreed.
(e) The financing and construction by Agency of a Sports
Center consisting of a standard size gymnasium for a student body
enrollment of 2000 and a minimum 50 meter competition size swimming
pool at Capistrano Valley High School ("CVHS").
2.3 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. District and Agency 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
and other public facilities. Accordingly, it is the purpose of this Agreement to
create a cooperative relationship between the Agency and the District to provide for
the implementation 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:
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3. SAN JUAN SCHOOL
3.1 The District will cooperate with the Agency to promote the
joint development of the San Juan School Site and Parcel 1 as a single unified,
high intensity commercial development. To this end, District will:
(a) Assist Agency in securing a Developer for the redevelop-
ment of the San Juan School Site.
(b) Permit the San Juan School Site to be included within
the redevelopment plans for the integrated development of Parcel 1
and San Juan School Site.
(c) Support all applicable provisions of the City's general
planning and design constraints in connection with redevelopment
proposals.
(d) Authorize City, Agency or Developer to file necessary
and appropriate applications for land use approvals in connection
with the San Juan School Site.
(e) Assist City, Agency and/or participating Developers
with appraisals, prospectus, site access, surveys, soils tests, and
related predevelopment activities in connection with the San Juan School
Site.
(f) Share equally any costs associated with the above
redevelopment activities not otherwise paid for by participating
Developers, provided both parties mutually consent to incurring such
costs. Agency and District may each recover its share of any costs
mutually agreed upon from Fund No. 2, as such Fund No. 2 is hereinafter
described.
3.2 Agency will use its best efforts to cause the redevelopment
of the San Juan School Site within five (5) years of the effective date of this
Agreement. To this end, Agency will seek development proposals for the joint
redevelopment of the San Juan School Site and Parcel 1 and, in the event a
mutually acceptable proposal is approved, enter into a redevelopment agreement
pursuant to which the Developer will acquire the San Juan School Site from the
Agency; provided, however, Agency shall not be required to compel the improve-
ment of Parcel 1 without the consent and cooperation of the owner of Parcel 1.
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3.3 The District shall have the right of review and approval
of any agreement between the Agency and a Developer in connection with the rede-
velopment of the San Juan School Site, which approval shall not be unreasonably
withheld, provided that any such agreement assures redevelopment of the San Juan
School Site in a manner generally consistent with the terms of this Agreement.
3.4 At the request of the Agency, District shall declare as
surplus property, and convey the San Juan School Site to Agency, provided that
Agency is then in a position to concurrently convey the San Juan School Site
to a developer pursuant to a development agreement which is reasonably satis-
factory to the District and which agreement permits District to meet the require-
ments of Education Code 39500. The conveyance of the San Juan School Site to
Agency shall be in exchange for (i) a school site and school facilities equal
in utility to that of the San Juan School Site. The proceeds of such sale to a
Developer shall be placed in a special interest bearing fund entitled, "Capistrano
Unified School District San Juan Capistrano Community Redevelopment Agency Capital
Improvement Fund No. 1" ("Fund No. 1"), to be administered by the Agency.
3.5 The interest earned on the funds deposited in said Fund
No. 1 shall be first utilized to relocate the San Juan School and construct
or cause the construction of a replacement school site and school facility
equal in utility to the San Juan School at a location to be mutually agreed
upon. The relocation of the San Juan School shall occur prior to or concurrently
with conveyance to the Agency. Such relocation may occur subsequent to conveyance
upon mutual agreement of the parties. The excess interest, if any, and principal,
unless previously pledged as hereinafter provided, shall be expended for the benefit
of District, upon request by the District, in accordance with this Agreement. Agency
may incur debt to finance its obligations pursuant to the exchange described in
Section 3.4 hereof and pledge interest earned on the funds deposited in Fund No. 1
as a source of repayment of such debt. If and to the extent the Agency pledges
such interest as the source of repaying debt incurred for the purposes of ful-
filling its obligations pursuant to the exchange then, in such event, Agency
may also pledge the principal of such fund as collateral. All work shall be
done and improvements made and completed in compliance with all federal, state
and local requirements. District shall approve all plans and specifications.
Title to the replacement School Site and the appurtenant school facilities shall
vest in District upon retirement of any indebtedness by Agency to finance
Q
relocation without cost to District.
3.6 Should the interest earned from the proceeds of sale deposited
in Fund No. 1 be insufficient to provide for a school site and school facilities
equal in utility to those of the San Juan School, Agency shall provide any
additional funds necessary to achieve such relocation and construction if any
and to the extent available, which funds may include those deposited in Fund
No. 2 (as set forth in Section 6(b) of this Agreement).
4.0 BUCHHEIM FIELD $ SPORTS CENTER
4.1 Following execution of this agreement:
(a) the Agency and/or City may commence master planning all or
portions of Buchheim Field for City Hall, public recreational and/or
other public -institutional uses.
(b) the District shall, upon the Agency's request, convey title to
Buchheim Field, a legal description to which is attached hereto as Exhibit
nC"
(c) the Agency shall request title to Buchheim Field from the
District within six (6) months following execution of this agreement.
4.2 Upon conveyance of title to the Agency, the City may forthwith
cause the construction of a City Hall upon Buchheim Field. In such event, the
ROP buildings shall be relocated by the re-siting of existing building at no cost
to the district and in conformance with the provisions of Sections 2.2(b)(c) and
5.1 of this agreement.
4.3 As full and complete consideration for the conveyance of Buchheim
Field by District to Agency, Agency shall construct or cause the construction of
"Sports Center" at Capistrano Valley High School. Upon completion of the Sports
Center, the City, if it so requests, shall be offered priority use after the
needs of the District are met.
4.4 Construction of the Sports Center may be accomplished in two phases.
(a) Phase I shall consist of a gymnasium of sufficient size
to accommodate a student population of 2,000; construction of which shall
comemnce not later than the end of the fifth year following conveyance
of title to Buchheim Field from the District to the Agency.
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(b) Phase II shall consist of a 50 meter competition swimming
pool, construction of which shall commence not later than the end of the
seventh year following conveyance of title to Buchheim Field from the
District to the Agency.
5.0 CAPISTRANO ELEMENTARY SCHOOL SITE
5.1 Subject to the acquisition by Agency of the San Juan School
Site and the relocation of existing adult education and continuation school
facilities to a permanent site and facilities reasonably satisfactory to the
District, at no cost to District, District shall convey the Capistrano Elementary
School Site to Agency without further consideration.
S.2 Agency shall utilize the Capistrano Elementary School Site
for public uses. While any public use may be permitted at the discretion of
the Agency, the Agency shall give preference to the following uses: a performing
arts center; a museum; cultural center; and/or community exhibit and conference
facilities as well as other uses which the Agency determines to be compatible
and/or necessary to support the preferenced public and quasi -public uses to be
established on the site. The Agency may condition any joint use rights on
agreements to participate financially in the development and/or maintenance
of any facilities on the site.
5.3 Prior to any new development on the Capistrano Elementary School
Site, the Agency shall prepare a master plan for the site including a study
to fully explore the potential for uses herein specified and permitted.
Such study shall include the feasibility of rennovating existing structures on
the site; the adaptability of existing structures for the uses permitted and
contemplated by the master plan; as well as a cost -benefit analysis of the
proposed uses. In addition, the study shall consider the ability of the site
to accommodate the construction of new facilities. In this regard, the siting
of a performing arts center shall be given preference. In the event it is
determined from the study that a performing arts center is detrimental or
otherwise inappropriate to the proper development of the site, the Agency and
the District mutually pledge to use their best efforts to locate and secure
an alternative site for a performing arts center. Irrespective of the location
S+s
of the performing arts center, the Agency and the District mutually pledge
their best efforts to secure suitable financing for the construction of the
facility. The District may utilize Fund No. 1, Fund No. 2, and/or any other
revenue or funding source available to the District to undertake this task
and/or to participate in the actual construction of the facility itself. The
Agency may pledge tax increment or utilize other funding and revenue sources
available to the Agency to undertake this task and/or to participate in the
construction of the facility itself. Further, and not as a limitation thereon,
the Agency and the District may exercise joint powers authority, establish
non-profit corporations, or enter into other similar arrangements as may be
mutually agreed upon.
6. CAPISTRANO UNIFIED SCHOOL DISTRICT SAN JUAN CAPI
6.1 Capistrano Unified School District San Juan Capistrano
Community Redevelopment Agency Capital Improvement Funds Nos. 1 and 2 ("Fund
No. 1" and "Fund No. 211) are hereby established. Said funds are to be
administered by the Agency and to be utilized for the purposes of this Agreement.
The following monies shall be deposited therein:
(a) Fund No. 1.
(1) The proceeds of the sale, if any, of the San
Juan School Site by the Agency to a developer.
(b) Fund No. 2.
(1) Taxes attributable to the San Juan School Site,
which would otherwise have been levied upon said school site after
the effective date of Ordinance No. 488, hereinafter "Tax Increment",
and which are allocated to Agency pursuant to Health and Safety Code
Section 33670(b) shall be allocated by Agency, upon receipt, to Fund
No. 2 and shall be used when accumulated in sufficient amount to pay
the principal of and interest on loans, money advanced to or indebted-
ness (whether funded, refunded, assumed or otherwise), incurred by
the Agency to finance or refinance, in whole or in part, the obligations
of Agency hereunder.
(2) Taxes attributable to that area within the
territorial limits of the District which are coincident with the
territorial limits of the Project Area after the effectiye date of
Ordinance No. 488, and which are allocated to the Agency pursuant
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0
0
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 $5,000,000 in
any such period (which excess is referred to hereinafter as "extra-
ordinary tax increment") shall be allocated by Agency upon receipt
to Fund No. 2 and shall be used and accumulated in sufficient amount to
pay principal of and interest on loans, monies advanced to, or indebted-
ness, whether funded, refunded, assumed or otherwise, incurred by Agency
to finance or refinance, in whole or in part, its obligations hereunder.
(3) The obligations of Agency with respect to Fund
No. 2 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 Agency to such taxing
agencies or other obligees of Agency other than City, except that no
such pledge or promise shall reduce the taxes allocated to Fund No. 2
below the amount which would otherwise have 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).
6.2 Fund No. 1 (after its use in connection with Section 3 hereof or
as may be otherwise consented to by the District) and Fund No. 2, to the extent
available, 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 7
hereof and subject to the limitations of Section 9.1 hereof. District shall
annually submit to Agency a budget and a list of priorities for the use of
Fund Nos. 1 and 2, and, subject to the limitations of Section 9.1, Agency
shall expend the proceeds of such funds in accordance with the budget and list
of priorities as may be approved by the Agency. Approval of District projects
and priorities shall not be unreasonably withheld. Once such "Improvements"
are approved by the Agency at a public hearing, the District may, in its sole
discretion, adjust priorities.
6.3 Fund No. 2 may be allocated for carrying out the purposes listed
in Section 7.1(a)(i) and (ii), except as may be otherwise provided herein.
M
6.4 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 District shall thereafter exist. Upon
termination, the contents, if any, of Fund No. 1 shall be transferred to
District to the extent permitted by law.
7. REDEVELOPMENT PLAN AMENDMENT
7.1 In addition to the conditions precedent set forth hereinabove,
the obligations of the parties shall be subject to the Agency's ability to amend
its redevelopment plan to provide for the items set forth below, except as may
be otherwise provided for in Section 7.2 of this agreement. Upon execution here-
of, the Agency shall commence 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 or construction of the following
improvements;
School Site;
(i) Acquisition and relocation of the San Juan
(ii) Construction of the Sports Center at the
Capistrano Valley High School;
(iii) Relocation of the ROP;
(iv) Acquisition of Buchheim Field;
(v) Construction of recreational and/or other
public institutional facilities on Buchheim Field or sites as may
elsewhere be determined.
(vi) Acquisition of the Capistrano Elementary School
Site and the relocation of the adult education and continuation
facilities located thereof;
(vii) The rehabilitation, demolition, and/or the
construction of facilities on the Capistrano Elementary School Site
or sites as may be elsewhere determined, to accommodate performing
arts, cultural, museum, and/or other public and quasi -public uses
and purposes as provided herein;
M
(viii) The construction of an instructional media and
data processing center;
(ix) Rehabilitation of existing schools which benefit
the project area;
(x) Addition of temporary and/or permanent classrooms
and other facilities for schools which benefit the Project Area.
District shall provide Agency with a specific list
of all improvements and the location thereof described herein prior
to the commencement of processing the redevelopment plan amendment
by the Agency.
45 years.
(b) Extension of the redevelopment plan from 35 years to
(c) Increase in total tax increment allocable to the Agency
during the term of the Redevelopment Plan, as amended.
7.2 In the event the Agency is unable to amend the plan or is
otherwise unable to meet its obligation to construct the Sports Facility at
Capistrano Valley High School, the City agrees to cause this obligation to be met by
utilizing any legally approved methods to accomplish this obligation. The City
reserves the right to acquire Buchheim Field from the Agency.
8. TERMINATION AND OTHER CONTINGENCIES
8.1 Except for the obligations of the parties as set forth in
Section 4 hereof, or the rights of termination set forth in Section 8.2 hereof,
in the event Agency and City fail to amend the Redevelopment 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.
8.2 In the event this Agreement is terminated for any reason
whatsoever and Buchheim Field has been conveyed to the Agency, Agency may in
its sole and absolute discretion, reconvey Buchheim Field to District provided
such property has been restored to a condition comparable to that existing at
the time of original conveyance. Should the Agency so reconvey Buchheim Field,
there shall be no remaining or further obligations to be satisfied by the parties
to this agreement.
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9. GENERAL PROVISIONS
9.1 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 amend-
ment shall be subject to a separate public hearing as required by law for each
such improvement and the exercise of discretion by the City Council following
such public hearing.
9.2 The District is not obligated to convey any of the land
described herein to the Agency if the Agency is unable to meet the relocation
requirements set forth herein.
9.3 All obligations of Agency hereunder are subject to the
availability of sufficient funds to satisfy its obligations hereunder as
anticipated in this Agreement.
9.4 The City has been included as a party herein for the
following purposes and no other purposes:
(1) To enforce its right to acquire Buchheim Field and
to construct on said property a City Hall, recreational facilities,
and/or other public -institutional uses facilities as it may determine
to be appropriate.
(2) To enforce its right to file necessary and appropriate
applications for land use approvals in connection with the San Juan
School Site if it so elects.
(3) To allow District to enforce the City's obligation
to hold a public hearing in connection with the redevelopment plan
amendment and to exercise its discretion thereafter.
The City shall have no other obligations, financial or
otherwise hereunder, except as is specifically provided for in Section 7.2 of
this agreement.
9.5 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
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equally by the Agency and the District
11
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.
9.6 If any part to this agreement commences litigation against
any other party for the purpose of determining and enforcing its rights here-
under 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.
9.7 This agreement restates and amends the AGREEMENT FOR COOPERATION
BETWEEN THE CAPISTRANO UNIFIED SCHOOL DISTRICT AND THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY dated and entered into by the parties on
December 20, 1983.
DATED: March 5, 1984
DATED: February 21, 1984
DATED: February 21, 1984
ATTEST:
ity Clerk/ A ncy Secretary
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CAPISTRANO UNIFIED SCHOOL DISTRICT
By:
President, Board of Trustees
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
LE
By:
Ur WALA J Univ
UAY 13 i ttnrvU
z��r�
Mayor
0
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All that certain real property situatd in "clic state o' Cala-1 ni,
county or OranTej city of Man Jum—.,q C87i:3trml described aG follows:
`-noso porulonc of iota 1, 2, 3 a11:1 1! iii Dl.ocic L of `.Traci; tlo. 30u, at.
311MM on C. ti:3ip thereof recordCC'i In tool: 24, 11a(;B 211, 1 '� OCO11.1n20L1;
:ails; r'Jciii'wOf .mid Oranl_ e. Count,,,", md tho(;C llort ons o.r. Lot, 10 a Lici
11 O1 'r^G't 1`0. 10 , a. .,ihoii T1 On L; thU 'eCi ' rocordt^d i71 JOo'l: 11,
iii L?:JiVO, 1�1 �1i C::_'.l.ld:i 1'1001,?:. ,..iJ:;;, 1^C:COa'Ci:. U1' ..•�l1 Ci :�l`:Ci'1�:0 liOL111 �:,J,
and LD'i. /� is r;locic 11 of -jan Juan Capistrano, as si*.lown oil Cc i:F10
'Li1:it 'iiOf rodL)rciud In bool: paste 120, i1inloollancoun, R cord:`.; Cf .'uCi..
GJ1::11'Ly, �uli:Lornla, anCl '-hi`L{.i )OVtjoj-j O:!' th__ :`ioi't1119::'.'I:
clan Y'tcr 0:1' the Sout wont C.1u:artcl:' �.]. '"'Oction U, i:1 '.TCwnnlli'i.:
130. na:.'iYlO fii t7C :flu ;iUr1Ci ]. c.`1y T1i1C1 ul"a:'l J1, d:i 01 .J_
t11Cf outli ai".i: cluartor of the Horthoust quarter ofSection
t
. • A _ 'j L.,'i^".
TOtlnOhi, Jout"1, Rancc U Ivsty :1 ir13d:i1J i�ltc. [i1C
e.gir1ni11. alt the North.cautorly coi,vcc' o%' Lot y in )31ook a o' :31id
IT" ct . To. G 3, and runninEr thence 'Southerly alone., the 7n, tcrly line
'1r,act liC, ob� a diotance of 250.00 ':Got to tai;
c;oYn:Y of Lot t. >)a3.d 331oc.ic 113 of Tract .�o. cOta; tl_,...eL tc_-_,,•
alosl the ;iortherly line of saki Lot 11, a distance of 6.00 i'�oL to
tho i ortllc;.^1y terrninu5 of the Wo2terly lines of that 'ort?:ia parcel
D2 .1,.-,nd dc::,cribid u,3 Parcel 2, In tl'r clow -C co t/c ;,tate o '
Ct)cf;tlloLl 1:'1)Y°U:13'i` 11, 1J"'r� inUD01 j'(`'l, 100, 0:ffjC;:1.:1!
In c11L o: lice: of tilt County Rocordev of -mid Orange Count.., t1i
i".;:Y^ly Cal0:1j_; `,uid 1Jc;llterly 1ino't to L 1O:L'tlt Oil the
of Lot 1, of ;xiid Blocic ti of 'rd -,
et No. :)Oi), dl:;tent 11Ctorl"
j(.();: :i, froiii t11C :aoutheaaterly corn"-', of '.jU,i f Lot 1; th::i1CC l:!&terl;y
11011(': r)ai(I ;'ioutliorly lino 37.0).1. .ftet to thu ; Juthoa.,.,Lerly COi'C1C1' of
sale." Loc l; thence Southe-^ly alon" the .Ea"torly 13110 01' Loi•
,lid 't'ruct 'To. 808 (ALJ%!chenas Stroct), and alone.; the 3outiwrly
L.)x'olon",ation therclof to a line parallel with and ditant ::Outherly
10.00 Poet, uleaDured at right angle:,, from the: :southerly line o� ;aici
Lot 3 ill ; loch "A"; thence Westerly alone. saiti parallel lirl;: to t11c
iorth.:rly terminus of the Weotcrly lino of that certain parcal 0' land
dec.cribed as Parcel 1, in a deed rocordod in book 21640, "pa:ap; 597,
Official Record;), in the office of the County Recor6cr ci said Oran(;;
courll:y, thC:llct: r:;:)Uthcrly a'lonr; ,„aid i;Tii.3teY'ly lines 'LD the 'interixi,.3Lion.
thereof with the Southerly line ole thii lana doselribed in t11c, dead t0
Cap"i :�trano Union iiir;ll _school District of OranL.-e County, rncDr fad in
buoic 107.2, pal';c 110, Of'f'icial Rccordl::., .':.n tlic office of t11 CoLanty
aocorc T, of said OranSc County; thenc;: eoutll X37° 411 OG°
,L -,h_% .;ou.tlerly lino of i(:1 Uit;h �101i3o.1. 1115.53 feet;
tiouLh 1.0 10 30” alst 13G.53 :Leat- to ih; northerly line of Lot
of Jun Juan Capistrano, as heminl)--fore- 2:1Cntioncd; thence iJooterly
a1o11" .paid Dio-rthorly line. to the inter.^;.: ci;ian thereof' with the
Ea:itorly line of 1•_l Camino Roal, 50.00 1d1eL tiid0; thence L:i0util moil(,
the :�aoterl- line of -laid El Cailinc, :i `1, tlli 10110DSiiif'; CO'iii^:_f:::; and
diJtanCCO: tiouth 22' _ ) 00' .i' i t, yn).7t m!", -,at and .:iouth :5� 00i'
i'wlOt3 ,,c3.02 feet t0 the Northerly lint U .__1rii1(; Ltreet, �_,. r.ilOS:�I 'Jri
ti"le s slp Of said `r'r::C:t 70. 10 j; the ` outh 2 j" 121 00'
n
thu ortherly line of S'1'i tl :D'prin-"`e'
tret 111FU.;;G fcC et t0 tSic; `_�Ou'(;11-
cast cornor of fialil LLot 3 of :)ail Jiva11 C 1pl:7tv�i11J; thcnoC) ,iOU'GilOi:'1-y
EXHIBITA
a Ir
along; tyle Southerly prolongation of the Easterly line of Laid Lot
to the inters cctioa thereof with the, "p � ^ ,�
•JR/��tOi` 1:1.11(°.i Gi Jaid i� i ins �ti o t
'Gil@'("!::Ci . Outh d5 12, 00) , !:: :3t alone! .`Sitio. C.on"t ? line 263-7) fc,c?t,
'Nort;lerly liac. of ..aid
:'priiIr :3'�i^:.Qt (also !C mil—i l: 1JIti7 Jl7ai? I?Ot ilir:1nL1 ss Road) distant
the ;Omthca ,tc-,'J',
tlOriiOf Lot 11 ;.Edc? '1'raCt :SO. 103, tile-aco South
Ea --.,'U- aloe; 'che Northerly line of said St -)rine' Streets 10'.'%2 f: c,-
thence idorth 10° 041 23 hest 35.1E5 feet, thence Nox%th 5I' j'!
"'a't 1; J.171 .4' i)t� Yl<'t1 C'. i162^tl1 j� ;jC)� US < <IG; "G 40'7.1U a'eCts tilenc :
JI-
line
I-line to tile; point of boZinn9.nL.
EXHIBIT A
Ortega
5nn juars
11 418
2hle plat 1e Snaertad ae n mac Hr or Info_ Elon only, and ahlle the ume
le oomph ad from into reetlo,. vhleh re uel levo to orrect, no 11mGlllty
le oo.mmed by Ehle Comppny oe Ca the entree toes. of Da cBald lnrmrn.tton. EXHIBIT A
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PARCEL
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CITY HALL SITE
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SAN JUAN SCHOOL SITE
PARCEL
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That portion of Lot Ten (10) of Truct No. 103, in the County
of 0rante, State of California, as per map thereof recoriied in
Book 11, at paLec 29 to 30, inclusive, of niscelloneous Maps,
record6 of said Orange County, described ac follows:
BeEinninL at the most Southerly corner of said Lot 10 and
runhinL thence IJorth 841 59' East alonL the Southerly line of
said Lot, 653.06 feet; thence North 21 19' West 245.65 feet to
the Southerly line of the Northerly 10 feet of said Lot 10;
thence South Al 41' West alonL said Southerly line 75z.u6 feet
to the Westerly line of said Lot; thence South 221 29' West along
said '.Westerly line 294.46 feet to the point of beginning.
NOTE: Said property lies within San Juan Sanitary District.
EXHIBIT C
CI
•
P/at
Showlny L o f 10,::)-74
T,e,ac-T "o. 103
cts pr map recorded in Book ii at
Miscellaneous Alk7lcs , iPecora's
Oranye Co., Ca/if.
)q yc 29-33.9
Of
This plat is inserted as a matter of information only, and while the sense EXHIBIT C
is compilod from information which we believe to be correct, no liability is
.u,.....d Lo this Comaanv as to the correctness of said information.
That portion of Lot Eleven (11) of Tract No. 103, in*the
County of Orange, State of California, as per map thereof
recorded in Book 11, at pages 29 to 33, of Miscellaneous
Maps, records of said Orange County, described as follows:
Beginning at the most Westerly corner of said Lot 11, and
running thence South 220 291 East along the Westerly line of
said lot, 196.21 feet; thence North 870 411 East 592.39 feet;
thence North 49 421 1011 West 185.11 feet; thence North 20 191
West 30 feet to a point in the Northerly line of said Lot 11,
which is distant thereon North 840 591 East 653.06 feet from
the point of beginning; thence South 840 59t West, along; said
Northerly line, 653.06 feet to the point of beginning.
NOTE: Said property lies within San Juan Capistrano Sani-
tary District.
EXHIBIT C
0
P/at
ShOWIny /-c)7// of
T.2AG'T / o /03
tw per map recomed in Book // at
Miscellaneous Maas , Records
Oranye Co., Cailf.
,
This plat is inserted as a matter of information only, and while the same
is compiled from information which we believe to be correct, no liability is
assumed by this Company as to the correctness of sold Information.
EXHIBIT C
Parcel
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EXHIBIT D
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Escrow Officer Donna M. Helliwell
Escrow Number 3013—DH
Date February M7,T989
0
PACIFIC ESCROW
31551 Camino Capistrano, Suite C
San Juan Capistrano, CA 92675
(714) 661-1551
AMENDED AND/OR SUPPLEMENTAL ESCROP+INSTRUCTIONS
The previous instructions in the above numbered escrow are hereby amended and/or supplemented in
the following particulars only:
Date of close of escrow is hereby extended to on or before June 15, 1989.
All other terms and conditions are to remain the
CAPISTRANO UNIFIED SCHOOL DISTRICT
a public agency
William F. Dawson
same.
THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, a public body,
corporate and politig, ,-,
By:
St en B. J an
Each of the above -signed states he has read the foregoing instructions and understands and agrees to
them and hereby acknowledges a receipt of a copy thereof.
PE 9
It was moved by Director Bland, seconded by Director Schwartze and unanimously
carried to order the report received and filed. Copies are to be made available at
the City Clerk's Office and at the Library.
3. AUTHORIZATION FOR PREPARATION OF PLANS AND SPECIFICATIONS -
GYMNASIUM CONSTRUCTION AT CAPISTRANO VALLEY HIGH SCHOOL
CAPISTRANO UNIFIED SCHOOL DISTRICT 600.40---
4.
Written Communications:
Report dated November 15, 1988, from the Deputy Director, advising that the
Cooperation Agreement between the Agency, the City, and the Capistrano Unified
School District required the Agency to construct a new gymnasium at Capistrano
Valley High School as one of the requirements for acquisition of the Capistrano
Elementary school site for a new City Hall. Preliminary plans had been prepared
and approved by the School Board. The cost of the gymnasium was estimated at $2.1
million. Funds were allocated in the Agency's 1990-91 budget; the report
recommended reallocating those funds in the 1989-90 budget to allow earlier
construction.
Approval of Preliminary Plans:
It was moved by Director Schwartze, seconded by Director Bland and unanimously
carried to approve the preliminary gymnasium plans and to direct staff to instruct
the architect to proceed with final working drawings and other required steps to
effect construction of the gymnasium. Staff was authorized to move the funds for
the gymnasium construction to the Agency's 1989-90 budget.
in
As set forth in the report dated November 15, 1988, from the Director of Public
Works, the construction of the Del Obispo Street Storm Drain was completed. The
report requested approval of Change Order No. 1, in the amount of $31,452.46,
which covered additional costs for traffic control, conflicts with lighting conduits,
sewer laterals, Water District thrust block and additional storm drain laterals for
the Plaza Del Obispo project. The Plaza Del Obispo Developer will fund $4,460.78
of the additional costs and the Water District will fund $3,497.74 of the additional
costs. The City will cover the remaining costs.
Acceptance of Work:
It was moved by Director Hausdorfer, seconded by Director Schwartze that the
following Resolution be adopted:
NO. CRA 88-11-1
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE
COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
CONSTRUCTION OF THE DEL OBISPO STREET STORM DRAIN
(GILLESPIE)
-2-
11/15/88
_----> 6.
Approval of Lease Extension:
It was moved by Director Bland, seconded by Director Friess and unanimously
carried to authorize the Executive Director to execute documents entering into an
extension of the lease between Texaco USA and the Agency for a period of one year,
ending April 30, 1989. The lease will be extended month-to-month thereafter.
STRANO UNIFIED SCI
Written Communications:
Report dated January 19, 1988, from the Deputy Director, advising that on
January 6, 1986, the Agency entered into a Cooperation Agreement for acquisition
of the Capistrano Elementary School site at 31422 Camino Capistrano. In exchange
the Agency will construct a gymnasium and 50 -meter competition swimming pool at
Capistrano Valley High School. The report advised that although escrow was
extended to June 1, 1988, it could be completed within 30 days and it was
recommended that necessary actions be taken to close escrow.
Close of Escrow - Capistrano Elementary School Site:
It was moved by Director Buchheim, seconded by Director Friess and unanimously
carried to authorize the Executive Director, or his designee, to execute all
documents necessary to close escrow on the Capistrano Unified School District
property known as the Capistrano Elementary School site.
CLOSED SESSION
The Board recessed at 7:17 p.m., to reconvene the City Council meeting. The Board
convened in a Closed Session at 8:02 p.m., for discussion of personnel matters and
acquisition of property in the Historic Town Center owned by the Agency, with the
Agency Secretary excused therefrom. Director Schwartze arrived at 8:40 p.m. The
meeting reconvened at 9:03 p.m. with Director Schwartze and Chairman Hausdorfer
absent.
BOARD ACTIONS
PROPERTY ACQUISITION (OLIVER/McMILLAN) (670.20)
It was moved by Director Bland, seconded by Director Buchheim and unanimously
carried with Chairman Hausdorfer and Director Schwartze absent, to direct the
Executive Director to continue discussion regarding property acquisition.
-3-
1/19/88
T --
San Juan Capistrano
Community
Redevelopment
Agency
January 21, 1988
Dr. Jerome Thornsley, Superintendent
Capistrano Unified School District
32972 Calle Perfecto
San Juan Capistrano, California 92675
Re: Close of Escrow - Capistrano Unified School Property
Dear Dr. Thornsley:
The Board of Directors of the San Juan Capistrano Community Redevelopment Agency at
its regular meeting held January 21, 1988, authorized the Executive Director to execute
all documents necessary to close escrow on the Capistrano Unified School District
Elementary School Property.
1f we can be of further assistance, please call.
Very
%truly yours,
Mary Ann Han/over, CMC
Agency Secretary
MAH/mac
cc: Deputy Director
Finance Officer
92400 Paseo Adelanto
San Juan Capistrano
California 92675
714-499-1171
L
E
AGENDA ITEM January 19, 1988
TO: Stephen B. Julian, Executive Director
FROM: Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
SUBJECT: Cooperation Agreement (C.U.S.D.)
0 OLll If LLl
A. Summary and Recommendation - As part of the Master Plan for Buchheim Field and
the proposed City Hall site, the Agency, City and Capistrano Unified School District
(C.U.S.D.) entered into a Cooperation Agreement on January 7, 1986. The
agreement provides for the acquisition of the Capistrano Elementary School site by
the Agency in exchange for the construction of certain improvements to School
District sports facilities. It is recommended that the Agency authorize the
Executive Director or his designee to execute all documents necessary to close
escrow on the C.U.S.D. Elementary School property.
B. Background - In accordance with the executed amended and restated agreement
dated January 7, 1986, between the Community Redevelopment Agency, the City,
and the C.U.S.D. in exchange for the Capistrano Elementary School site,
(Exhibit "A") the Agency will construct a sports center in two phases. Phase I will
consist of a gymnasium which must be constructed by within three years of
acquisition. Phase II will consist of a 50 -meter competition swimming pool to be
constructed within ten years of acqusition. The Agency will use the school site for a
Civic Center and other public uses.
Escrow has been extended to June 1, 1988, although it is anticipated that it can be
completed within 30 days. At the close of escrow, the Agency will then lease the
elementary school building back to the School District for use as an adult
education/continuation school for a period of up to 12 years until those uses are
relocated. In order to perform in accordance with the schedule for this project,
subject to the agreement, it is recommended that the Agency authorize the
Executive Director to proceed with the closing of escrow.
PUBLIC NOTIFICATION
No public notification is required.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
G'/pA
C (o
0
Agenda Item
FINANCIAL CONSIDERATIONS
0
-2- January 19, 1988
Since the escrow provides for an exchange per the agreement rather than actual purchase
of the property, there is no immediate financial impact upon the Agency or the City.
However, the agreement does require the Agency to commence construction of Phase I
of the sports center at Capistrano Valley High School within three years of acquiring the
Capistrano Elementary School site. Phase I consists of a gymnasium to cost
approximately $1.5 million. Phase II, consisting of a 50 -meter competition swimming
pool at an estimated cost of $1 million, must be undertaken by the Agency not later than
ten (10) years following conveyance of title to the Agency.
ALTERNATE ACTIONS
1. By motion, authorize the Executive Director or his designee to execute all
documents necessary to close escrow on the Capistrano Unified School District
property.
2. Request additional information from staff.
RECOMMENDATION
By motion, authorize the Executive Director or his designee to execute all documents
necessary to close escrow on the Capistrano Unified School District property.
Respectfully submitted,
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
TGM:BDF:dh
Attachment
GBFAI119882
0 9
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W
s.
0 6
A-06,9
Written Communications
Report dated January 7, 1986, from the Executive Director
advising that in November, 1984, the proposed agreement
amending and restating an existing agreement between the
Agency, the City, and the Capistrano Unified School District
was not executed due to concerns raised by members of the
Board of Trustees of the School District. The report
forwarded an amended and restated agreement, prepared
following a year-long effort, which retained intact the
agreement reached with concerned members of the community
represented primarily by the "Save Our School" group. The
revisions relate primarily to the time frames within which
the parties agree to carry out the purpose and objectives of
the -agreement. The report provided a summary of the
agreement and time frames in relation to the Old High School
site, the San Juan School, and Buchheim Field.
The Executive Director advised that the Board of Directors
of the Capistrano Unified School District had approved the
agreement.
Approval ofAgreement:
It was moved by Director Schwartze, seconded by Director
Friess, and unanimously carried to approve the Amended and
Restated Agreement for Cooperation Between the Capistrano
Unified School District, the San Juan Capistrano Community
Redevelopment Agency, and the City of San Juan Capistrano.
The Chairman and Secretary were authorized to execute the
Agreement on behalf of the Agency. The Board directed that
the Agreement be forwarded to the City Council with a
recommendation of approval.
AGENDA ITEM January 7, 1986
TO: Chairman and Members of the Board of Directors,
Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
SUBJECT: Amended and Restated Agreement for Cooperation Between
the Capistrano Unified School District, the San Juan
Capistrano Community Redevelopment Agency, and the
City of San Juan Capistrano
SITUATION:
In November, 1984, following several months of negotiation,
a proposed agreement amending and restating an existing agree-
ment between the Community Redevelopment Agency, the City, and
the Capistrano Unified School District was presented to the
respective governing boards of these agencies for their consider-
ation and approval. Although the proposed agreement was consistent
with the basic goals and objectives outlined by the governing
boards of these respective bodies and consistent with the
negotiations conducted by the respective staffs of these agencies,
the agreement was not approved by the Board of Trustees of the
District due to eleventh hour concerns raised by members of the
Board which heretofore had not been addressed by the parties.
As a result, the proposed amended and restated agreement was not
entered into and the staffs of the respective agencies were
directed to continue to meet in an effort to resolve whatever
issues might continue to exist between the parties. During the
course of the last year Agency staff has been meeting with
representatives of the School District to revise the agreement
in a manner that would be satisfactory to all parties. The
attached agreement represents the results of that year-long
effort.
The amended and restated agreement which is presented for your
consideration at this time accomplishes all of the objectives
which heretofore had been previously agreed upon by the District,
the Agency and the City. This agreement also retained intact
the agreement reached with concerned members of the community
represented primarily by the "Save our School" group and other
interested parties relative to the disposition and development
of Buchheim Field and the San Juan Capistrano Elementary School
site. The revisions to this agreement relate primarily to the
timeframes within which the parties agree to carry out the purpose
and objective of this agreement, a general summary of which follows:
A. Agency acquires existing site and agrees to find
relocation site within 10 years and to construct
replacement facilities within 12 years.
gvll�
CRA Agenda Item - CUSD Agreement -2- January 7, 1986
B. Agency will lease back existing adult education and
continuation school facilities to CUSD until replace-
ment facilities are developed.
C. City will have the right to construct a new City
Hall on the site in return for construction of a
sports center facility at Capistrano Valley High
School. Construction of sports center to commence
within 3 years following approval of property
transfer by the California Department of Education.
City Hall construction will commence simultaneously
with development of the sports center.
D. A master plan of development of the entire site for
use as a performing arts center, museum, cultural
center, conference facility and City Hall site will
be completed within 5 years after the execution of
this agreement.
San Juan School and Buchheim Field
A. Agreement provides for a master plan to be prepared
showing the proposed development of minor portions
of the San Juan Elementary School site in conjunction
with adjacent commercial development, the reorientation
of San Juan School away from commercial activities
of the downtown area toward the Buchheim Field recreational
area, and the redevelopment of Buchheim Field and the
recreational portions of San Juan School site (Little
League fields) as a recreational and physical education
facility to serve the needs of the City and the District,
including such community uses as San Juan Capistrano
Little League.
B. Agency has 10 years within which to acquire Buchheim
Field and redevelop it as joint recreational and
physical education facility. It must relocate and
provide alternative site for a Regional Occupation
Program in the event it acquires the site.
C. In the event commercial development of the San Juan
Elementary School site does not occur within 10 years,
the CUSD has the ability to determine whether or not
it wishes to continue to consider the commercial
development of minor portions of the site in conjunction
with adjacent commercial activities.
Previously proposed agreements presented to the governing boards
of the CUSD, the City, and the Agency did not set forth the
timeframes summarized above. On the whole, this agreement
9 0
CRA Agenda Item - CUSD Agreement -3- January 7, 1986
1
retains all of the community safeguards previously agreed upon
by the District, the City, the Agency, and affected community
interest groups including the San Juan Elementary School PTA
and the "Save Our School" group. This agreement provides for
more definitive timeframes in which the objectives of the parties
are to be accomplished and in so doing provides for the opportunity
for a more timely re-evaluation of those objectives in the event
they are not being fulfilled as expected. This agreement will
have been presented to the Capistrano Unified School District
Board of Trustees for their consideration at their meeting of
January 6, 1986, and their approval is anticipated.
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
There is no immediate financial impact upon the Agency or the
City. However, the agreement does call for the master planning
of both the Capistrano Elementary School site (Old High School
site) and the San Juan School/Buchheim Field sites within 5 years.
The cost of master planning each of these two sites is unknown
at this time and would entirely dependent upon the scope of
study to be undertaken. Additionally, in 3 years following
acquisition of the Capistrano Elementary School site the Agency
would be obligated to commence construction of Phase I of the
sports center at Capistrano Valley High School consisting of
a gymnasium estimated to cost $1.5 million. Phase II consisting
of a 50 meter competition swimming pool at an estimated cost
of $1 million, must be undertaken by the Agency not later than
10 years following conveyance of title to the Agency. Other
provisions of this agreement are subject to the availability of
sufficient funds to accomplish any outstanding obligations of
this agreement.
ALTERNATE ACTIONS:
1. Do not approve this agreement.
Postpone approval of the agreement and direct staff to
provide additional information.
Following approval of this agreement by the Capistrano
Unified School District, approve the agreement and forward
a recommendation of approval to the City Council.
0
CRAAgenda Item - CUSD Agreement
RECOMMENDATION:
0
-4- January 7, 1985
By motion, approve the Amendment and Restated Agreement for
Cooperation Between the Capistrano Unified School District,
the San Juan Capistrano Community Redevelopment Agency, and
the City of San Juan Capistrano, and authorize the Chairman
of the Agency Board of Directors to execute the agreement on
behalf of the Agency. Further, forward this agreement to
the City Council with a recommendation of approval.
Respectfully submitted,
Stephen B. 4Ji n
SBJ:cj
Attachment
0
CAPISTRANO UNIFIED SCHOOL DISTRICT
San Juan Capistrano, California
January 6, 1986
TO: E. G. `Ted" Kopp
and Members
Board of Trustees, Capistrano Unified School District
FROM: Jerry Thornsley, District Supgrintendent
SUBJECT: REDEVELOPMENT
BACKGROUND INFORMATION
For approximately 12 years CUSD has been discussing various proposals
with the City of San Juan Capistrano and more recently not only the
City but the Redevelopment Agency (which is governed by the City
Council). An agreement whereby there could be various exchanges of
property and/or construction of facilities.
December 18, 1983 a tax increment agreement was approved which, among
other things, did not involve the transfer of properties between the
School District, City and Redevelopment Agency but essentially would
have resulted in the accrual of funds to CUSD.
March 5, 1984 the Board took action, as did the City and Redevelopment
Agency which voiding the tax increment agreement and put into place a
comprehensive agreement which would involve the transfer of various
properties, the building of a sports center at Capistrano Valley High
School, and the relocation of San Juan Elementary School. This current
agreement is available for Board inspection.
Subsequently, there was considerable community debate and discussion
and a request by the "Committee to Save our School" to amend or adopt
a new agreement which would eliminate the closure of San Juan
Elementary School at its present location.
For the past year and a half the School District, City and
Redevelopment Agency have had numerous meetings in an attempt to amend
or adopt a new Redevelopment Agreement which would result in keeping
San Juan Elementary School open.
CURRENT CONSIDERATIONS
At the current Board meeting an amended and restated agreement for
Cooperation - Redevelopment Agreement is submitted to the School
Board for consideration for approval - Exhibit A. The agreement is
comprehensive but has essentially three major parts, including:
i1V"
X
Ye ° 7-5
e/TY L- GE,�(' ✓ Agenda Item 25 121
0 0
Redevelopment Agreement
Page two
January 6, 1986
1. Transfer of the western portion of the Capistrano Elementary
School site to the City upon which they would building a
city hall. In return CUSD would have constructed by the City
and Redevelopment Agency a sports complex at Capistrano Valley
High School - gymnasium and swimming pool.
2. Conveyance of the remaining portion (eastern end) of Capistrano
Elementary School site to the City for the development of public
facilities which may include a performing arts center, museum,
fine arts facility, data processing center and/or other public or
quasi -public uses. In return the city and Redevelopment Agency
would replace the existing school facilities presently located
on the Capistrano Elementary School site on another acceptable
location. This includes Serra High School, Adult Education and
Learning Center, Instructional Materials Center, etc.
The physical reorientation of San Juan Elementary School and
remodeling, to a certain extent, to permit certain commercial
development adjacent to the school. In return the District
would benefit from the upgrading of San Juan Elementary
School and ultimately relocation of
the Regional Occupational Program facilities currently on
Buchheim Field to an acceptable location to the District.
With the School Board's approval of the Agreement at the current
meeting the City Council and Redevelopment Agency are scheduled to
consider action on the agreement at their meeting Tuesday. January 7,
1985.
FINANCIAL IMPLICATIONS
Approval of the Amended and Restated Redevelopment Agreement for
Cooperation will have no immediate impact upon CUSD " s 1985/86 budget
but will have significant implications for facilities and finances for
the School District over the next 45 years.
STAFF RECOMMENDATION
It is respectfully recommended the Board of Trustees approve the
Amended and Restated Agreement for Cooperation between the Capistrano
unified School District,. the San Juan Capistrano Community
Redevelopment Agency and the City of San Juan Capistrano - Exhibit A.
NOTE: The Board of Trustees may, at its discretion,
convene into Closed Session to discuss the
agreement before its final approval.
ACTION ITEM
122
r
0
W. CRAIG BIDDLE'
RICHARD L. HAMILTON
CHRISTIAN M. KEINER
JACK WILSON
Professional Corporation
LAW OFFICES OF
BIDDLE & HAMILTON
HOTEL SENATOR BUILDING
SUITE 510
1121 L STREET
SACRAMENTO. CALIFORNIA 96614
916-442-7401
December 20, 1985
Mr. Stephen Julian
Executive Director
COMMUNITY DEVELOPMENT AGENCY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
0
Re: Redevelopment Agreement/Capistrano Unified School
District
Dear Mr. Julian:
i
PLAZA
Pursuant to our telephone conversation of December 19, 1985,
I am pleased to enclose a duplicate original of the draft
proposed agreement which I last shared with you by letter dated
November 12, 1985.
The only changes made in the agreement are the insertion of
the date of January 7, 1986 as the date the agreement is entered
into, and deletion of the underscoring on pages 14, 15, 17, 18
and 19.
It is my understanding that the duplicate original of this
agreement will be presented to the Board of Trustees of the
Capistrano Unified School District during its meeting of
January 6, 1985, and if the agreement is approved you in turn
will present it to both the City and the Redevelopment Agency at
their respective meetings on January 7, 1985 for approval.
I was glad you were able to report that based upon your pre-
vious review of the draft of the enclosed original, you an-
ticipate no difficulty in having this matter approved by both the
City and the Agency.
Either Superintendent Thornsley or I will be in contact with
you immediately after the Board meeting on January 6, 1985.
Very truly yours,
BIDDLE & HAMILTON
44,41,16 oil"
RICHARD L. HAMILTON
RLH:bo
cc: Dr. Jerome B. Thornsley
r1
u
W CRAIG BIDDLE'
RICHARD HAMILTON
CHRISTIAN M KEINER
JACK WILSON
Professional Corporation
LAW OFFICES OF
BIDDLE & HAMILTON
HOTEL SENATOR BUILDING
SUITE 510
1121 L STREET
SACRAMENTO. CALIFORNIA 95614
916-442-7401
November 12, 1985
Mr. Stephen Julian
Executive Director
COMMUNITY DEVELOPMENT AGENCY
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
0
ORANGE COUNTY
51 TOWN 8 COUNTRY BUSINESS PLAZA
1111 TOWN 6 COUNTRY ROAD
ORANGE, CALIFORNIA 92868
714-541-3588
Re: Redevelopment agreement/Capistrano Unified School District
Dear Mr. Julian:
Enclosed is a further revision of the Amended and Restated
Agreement for Cooperation between the District, City of San Juan
Capistrano and the San Juan Capistrano Community Redevelopment
Agency.
This proposal takes into consideration those items which I
have specifically discussed with you by telephone subsequent to
review by the Board of Trustees, Capistrano Unified School Dis-
trict on October 7, 1985.
Specifically, your attention is directed to Section 5.2(a)
and the requirement for the agency to maintain the exterior of
the Capistrano school during the lease period, and the District
having responsibility for interior maintenance.
Your attention is also directed to Section 5.4(b) extending
the period for construction of the pool from eight (8) to ten
(10) years with the requirement that no construction can commence
on Parcel B unless simultaneous construction starts on the pool.
Please note as well in Paragraph 5.7 that transfer of the
library site is included and that acreage (9.5 acres) equal to
Parcel A and B as well as the Library Site is identified as the
size of the site which the Agency/City is obligated to transfer
as part of the exchange with the District.
Note too that comparable footage in the amount of 24,900
square feet is specified for the new facility in exchange for ex-
isting facilities at Capistrano school.
Mr. Stephen Julian
COMMUNITY DEVELOPMENT AGENCY
November 12, 1985
Page Two
A provision has been added in Section 5.9 requiring the
Agency or City to convey a site of 2.5 acres (equal to Parcel A)
should Agency or City do nothing more than build the required
gymnasium in conjunction with construction of the City Hall.
I hope this revision meets with both Agency/City approval
and that we can enter into the final process for obtaining formal
approval of this agreement.
Very truly yours,
BIDDLE & HAMILTON
RICHARD L. HAMILTON
RLH:km
Enclosure
cc: Dr. Jerome R. Thornsley
Mr. William Dawson
11y
I,1 �
J
•
LAW OFFICES OF
BIDDLE & HAMILTON
HOTEL SENATOR BUILDING
SUITE 510
1121 L STREET
SACRAMENTO, CALIFORNIA 95814
916-442-7401
W CRAIG BIDDLE'
RICHARD L HAMILTON
CHRISTIAN M KEINER
JACK WILSON
'Professional Corporation
Mr. Stephen Julian
Executive Director
Community Development Agency
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Redevelopment Agreement
Dear Mr. Julian:
August 12, 1985
ORANGE COUNTY
51 TOWN & COUNTRY BUSINESS PLAZA
1111 TOWN 6 COUNTRY ROAD
ORANGE, CALIFORNIA 92888
714-541-3588
Enclosed is a further District proposed revision of the
Amended and Restated Agreement for Cooperation Between the
District, City of San Juan Capistrano and the San Juan Capistrano
Community Redevelopment Agency.
To facilitate your review, I have underscored additions to
this Agreement, distinguishing it from the District's last
proposal of February 27, 1985 and have indicated deletions with
The changes are intended to incorporate the views you and I
expressed at our meeting of July 9, 1985. Title to District
property conveyed will, upon the specified conditions, revert to
the District by powers of termination to be held by the District
as specified in transfer of title documents.
I look forward to meeting with you on August 21, 1985 at
2:00 p.m. in your offices to further discuss this Amended and Re-
stated Agreement.
Very truly yours,
BIDDLE & HAMI[LTON
- A..Z
RICHARD L. HAMILTQN b:
RLH:deb �+
Enclosure 3iA i�� ��•
n
u
Mr. Stephen Julian
Community Development Agency
City of San Juan Capistrano
August 12, 1985
Page Two
cc: Mr. Tom Clark
Dr. Jerome Thornsley
Mr. Bill Dawson
Mr. Mike Vail
so
ORANGE COUNTY
•
51 TOWN & COUNTRY BUSINESS PLAZA
LAW OFFICES OF
1111 TOWN A COUNTRY ROAD
CHRISTIAN M. KEINER
BIDDLE & HAMILTON
JACK WILSON
714-541-3568
HOTEL SENATOR BUILDING
SUITE 510
1121 L STREET
SACRAMENTO. CALIFORNIA M814
91&442-7401
W. CRAIG BIDDLE'
ORANGE COUNTY
RICHARD L. HAMILTON
51 TOWN & COUNTRY BUSINESS PLAZA
HALINA F OSINSKI
1111 TOWN A COUNTRY ROAD
CHRISTIAN M. KEINER
ORANGE. CALIFORNIA 92686
JACK WILSON
714-541-3568
'P,otnsmal Corporation
February 27, 1985
Mr. Stephen Julian
Executive Director
COMMUNITY DEVELOPMENT AGENCY
m'
City of San Juan Capistrano _ ra
32400 Paseo Adelanto " -
San Juan Capistrano, California 92675
Re: Redevelopment Agreement -
Dear Mr. Julian: -
c
Enclosed for your review and consideration is a revision -:'of
the Amended and Restated Agreement for Cooperation Between the
Capistrano Unified School District and the San Juan Community
Redevelopment Agency and the City of San Juan Capistrano as
proposed by the Capistrano Unified School District after review-
ing the proposal made by the Agency on or about November 5, 1984.
It is anticipated by the Board of Trustees of the Capistrano
Unified School District that after reviewing this proposal you
may wish to meet with Mr. Dawson and myself to discuss the
changes, the reasons therefore, and to perhaps discuss counter
proposals which might be acceptable to the Board of Trustees.
Should that be the case, please contact Bill Dawson at the Dis-
trict Office to arrange a mutually satisfactory date and time.
Mr. Dawson and I look forward in working with you and your
staff in reaching an amended and restated agreement mutually ac-
ceptable to all parties.
Very truly yours,
BIDDL� HAM/��
RICHARD L. HAMILTON
RLH:cad
CC: Dr. Jerome Thornsley
Mr. William F. Dawson
San Juan Capistrano
Community
Redevelopment
Agency
� � 1
October 8, 1984
Dr. Jerome Thornsley, Superintendent
Capistrano Unified School District
32972 Calle Perfecto
San Juan Capistrano, California 92675
Dear Jerry,
The attached draft agreement includes all of the changes recommended by
Agency Counsel Tom Clark as well as those recommended by Bill Dawson.
I have penned in the latter on page 11. Tom Clark's changes do not affect
any substantive part of the agreement but do improve the clarity of the
document.
If you can agendize this item for your Board meeting of October 15, 1984,
I will do so for our Agency Board meeting of the 16th. Our Council and
Agency Board have already approved the draft, subject to your review.
I know they will have no difficulty with the changes requested by the
District. -
I will have two originals prepared and delivered to your office by not
later than Wednesday, October 10, 1984. While this schedule is tight,
I know that you are as anxious as I am to conclude this matter as
expeditiously as possible.
Should you have any questions or require additional information, please
give me a call.
Thanks for your cooperation.
Yours very truly,
J
ep en Julian
Executive Director
SBJ:cj
Enclosure
��� -
L'OU.✓PLc
32400 Paseo Adelanto
San Juan Capistrano
�
California 92675
J
714-493-1171
•
•
STHADLING, YOCCA, CARTS02; Etc HANTS
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
660 NEWPORT CENTER DRIVE. SUITE 1600
WELLS FARGO BANK BUILDING
JOBN E. BaECEE7IaxaOE
POST OFFICE BOX 7660
Or COun3[L
NEWPORT BEACB, CALIFOB.vId 920006401
TELEPI ONE (714) 0x0-7033
TELECOPIER (714) 640.7332
TEICE
EA' September 24, 1984
Mr. Steve Julian
San Juan Capistrano
Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Amended and Restated Agreement for Cooperation
Capistrano Unified School District, et al.
Dear Steve:
Enclosed please find a revised red -lined version of the
Capistrano Unified School District Agreement. I don't believe
that the changes are substantial but I hope that the draft
clarifies the Agreement.
Please call with any questions or comments.
Very truly yours,
Thomas P. Clark, Jr.
TPC:jm
Enclosures
cc: John Shaw
0 4
(68.38) AMENDED AND RESTATED COOPERATIO
Written Communications:
Report dated November 20, 1984, from the Executive Director,
advising that the School District Board of Trustees
appointed a committee to meet with their legal counsel to
discuss concerns regarding the language of the agreement;
that the District had not been able to advise of a date by
which the matter would be concluded. The report recommended
rescheduling the matter as appropriate.
Rescheduling of Agreement:
It was moved by Director Hausdorfer, seconded by Director
Friess, and unanimously carried to take the matter off the
agenda and reschedule as may be appropriate.
1 1/ ao 1g�
•
AGENDA ITEM
November 20, 1984
TO: Community Redevelopment Agency Board of Directors
FROM: Stephen B. Julian, Executive Director
SUBJECT: Amended and Restated Agreement of Cooperation Between the Capistrano
Unified School District, the San Juan Capistrano Community Redevelop-
ment Agency and the City of San Juan Capistrano
SITUATION:
Our office has been advised by Superintendent Thornsley that the CUSD Board
of Trustees has appointed Board Members Kopp, Ward and Haseman to review the
agreement between the District, the Agency and the City with their legal
counsel, whom we have been advised is a Mr. Hamilton from the Sacramento area.
Upon completion of their review with Mr. Hamilton, the committee will be
prepared to meet with representatives of the Agency to discuss their concerns
regarding the language of the agreement. As of this date, the District has
not contacted my office regarding an appointment to meet with the committee,
nor has the District been able to advise of a date by which we could expect
this matter to be concluded.
In light of the fact that the District believes it requires additional time
to review this agreement with their legal counsel and is apparently unable
at this time to conclude the agreement, I believe it would be in the interest
of both parties to take this matter off agenda and to reschedule it as may be
appropriate.
ALTERNATE ACTIONS:
1. Request additional information from staff.
2. Continue the item to the next regular meeting.
3. Take the item off agenda and reschedule when appropriate.
RECOMMENDATION:
By motion, take this matter off the agenda and reschedule as may be appropriate.
-----------------------------------------------------------------------------
-----------------------------------------------------------------------------
Respectfully submitted,
/'e�
Stephen B. Julian
EC1R CITE C;OtJI3�9�. AC, NiJA
SAN
November 8, 1984
Dr. Jerome Thornsley, Superintendent
Capistrano Unified School District
32972 Calle Perfecto
San Juan Capistrano, California 92675
92675
Re: Amended and Restated Cooperation Agreement
Dear Dr. Thornsley:
At their respective meetings of November 6, 1984, the
City Council and the San Juan Capistrano Community Redevelopment
Agency continued the items regarding the Amended and Restated
Cooperation Agreement with Capistrano Unified School District to
their meetings of November 20, 1984. Copies of the Staff Reports
and Agendas will be forwarded to you prior to the meetings.
If you have any questions, please don't hesitate to
call.
Very truly yours,
MARY ANN HA OVER, CMC
City Clerk
MAH/mac
cc: City Manager
Cherie Whittaker
Virginia Sherwood
Don Parker
Tim Campbell
AGENDA ITEM November 6, 1984
TO: Chairman and Members of the Board of Directors
Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
SUBJECT: Amended and Restated Agreement for Cooperation Between the Capistrano
Unified School District and the San Juan Capistrano Community
Redevelopment Agency and the City of San Juan Capistrano
SITUATION:
The Capistrano Unified School District and the San Juan Capistrano Community
Redevelopment Agency have reached a tentative agreement for cooperation between
the District, the City, and the Community Redevelopment Agency. Among other
things, the agreement provides for the acquisition of the Capistrano Elementary
School site (old high school site) with a lease -back to the District of the
permanent buildings which will continue in use as the adult education and
continuation high school facilities until such time as they can be relocated
to new facilities which would be constructed by the Agency as provided by this
agreement. In return for the acquisition of the Capistrano Elementary School
site, the Agency will agree to construct a sports center at Capistrano Valley
High School.
In addition to the foregoing, this agreement resolves concerns expressed within
the community regarding the redevelopment of the San Juan Elementary School site.
The agreement provides for the future development of portions of the school site
in conjunction with Spring Street and adjacent commercially developed property.
The San Juan Elementary School would be re -oriented toward Buchheim Field, and
Buchheim Field and the Little League facilities, which are part of the San Juan
School site, would be developed as a joint School District/City recreation and
physical education facility. This agreement also restates the previous agree-
ment entered into between the Capistrano Unified School District, the City,
and the Community Redevelopment Agency.
The transfer of School District property is subject to the review of the State
Department of Education, and although it is not necessary for this agreement to
recite this requirement or to include the State Department of Education as a
party of this agreement, it is important that the Agency Board of Directors,
the City Council, and the CUSD Board of Trustees to be aware of this requirement.
The CUSD Board of Trustees will have considered this agreement at their meeting
of November 5th and I have been informed by Superintendent Thornsley and other
CUSD officials that approval of this agreement by the Board without any
additional changes is anticipated. A final draft of this agreement has been
circulated to the "Save Our School" group and other interested parties.
BOARD/COMMISSION REVIEW & RECOMMENDATION:
Not applicable.
FINANCIAL CONSIDERATIONS:
There is no immediate financial impact
upon exercising its option to acquire
as provided for within this agreement,
FOR Cl -,,r :. C,.i NC!L %GE N DA .4.
upon the Agency or the City. However,
the Capistrano Elementary School site,
the Community Redevelopment Agency /�
0
Agenda Item - CUSD/CRA Agreement -2- November 6, 1984
will obligate itself to construct the sports center at Capistrano Valley High
School which has an estimated construction cost of $2.5 million. This agreement
provides for the sports center to be constructed in two phases; Phase I of which
shall consist of a gymnasium, construction for which shall commence not later
than the end of the fifth year following conveyance of title to the Agency,
with Phase II consisting of a 50 meter competition swimming pool with construc-
tion commencing not later than the end of the seventh year following conveyance
of title to the Agency. All other provisions of this agreement are subject to
the availability of sufficient funds to accomplish the remaining provisions of
this agreement.
ALTERNATE ACTIONS:
Do not approve this agreement.
Postpone approval of the agreement and direct staff to provide additional
information.
Approve the agreement and forward a recommendation of approval to the
City Council.
RECOMMENDATION:
By motion, approve the Amended and Restated Agreement for Cooperation Between
the Capistrano Unified School District and the San Juan Capistrano Community
Redevelopment Agency and the City of San Juan Capistrano, and authorize the
Chairman of the Agency Board of Directors to execute the agreement on behalf
of the Agency. In addition, forward this agreement to the City Council with
a recommendation of approval.
Respectfully submitted,
IL
Stephen B. Juli
SBJ.cj
Attachment
0 0
COMMUNITYREDEVELOPMENTAGENCY AGENDA ITEM October 16, 1984
a
TO: Chairman and Board of Director
FROM: Stephen B. Julian, Executive Director
SUBJECT: CAPISTRANO UNIFIED SCHOOL DISTRICT - COMMUNITY REDEVELOPMENT
AGREEMENT UPDATE
SITUATION:
School District Superintendent Jerome Thornsley has informed me that the
final draft agreement has been reviewed and no changes are anticipated.
Due to the fact that they will not have all the Board members present at
their October 15th meeting, the full Board will formally act on the matter
at their meeting of November 5th.
The final draft agreement which is submitted herewith, has been circulated
to the Save Our School group and other interested parties.
-------------------------------------------
-------------------------------------------
RECOMMENDATION:
DiFect that the agreement be placed on the
formal action by the CRA Board of Directors
City Council action.
-------------------------------------------
-------------------------------------------
Respectfully Submitted,
tep5BJulian
SBJ/fwm
FOR CITY COUNCIL AGENDA ..
CRA agenda of November 6th for
and the City Council Agenda for
CR -)q
10
IO
0
0
1. PARTIES AND DATE
1.1 This Amended and Restated Agreement is entered
into this 6th day Of Noverher , 1984, by and between the
CAPISTRANO UNIFIED SCHOOL DISTRICT, a public agency
("District"), and the SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY ("Agency") and the CITY OF SAN JUAN
CAPISTRANO, a Municipal Corporation ("City"), and amends and
restates that certain AGREEMENT FOR COOPERATION BETWEEN THE
CAPISTRANO UNIFIED SCHOOL DISTRICT AND THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY dated March 5, 1984.
2. RECITALS
2.1 The City of San Juan Capistrano has adopted
Ordinance No. 488 on July 12, 1983, as amended by Ordinance No.
509 adopted on May 15, 1984, which ordinances approve the San
Juan Capistrano Central Redevelopment Project ("Redevelopment
Plan") and establishes the San Juan Capistrano Central Project
Area ("Project Area") pursuant to the California Community
Redevelopment Law (Health and Safety Code Section 33000 et
seq.) 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.
0
2. AMENDED AND RESTATED COOPERATION AGREEMENT (CUSD) (38/#9)
(68.38) The Executive Director advised that at their November 5,
1984, meeting, the Capistrano Unified School District Board
of Trustees had continued consideration of this item. It
was moved by Director Friess, seconded by Director
Hausdorfer, and unanimously carried that this item be
continued for consideration at the Agency meeting of
November 20, 1984.
npe5qq
0
San Juan Capistrano
Community
Redevelopment
Agency
October 18, 1984
Tim Campbell
Save Our School
31574 Los Rios Street
San Juan Capistrano, California 92675
Re: Capistrano Unif
Dear Mr. Campbell:
L
District - Communi
At their meeting of October 16, 1984, the Community
Redevelopment Agency reviewed the final draft Agreement between
Capistrano Unified School District, the San Juan Community
Redevelopment Agency, and the City of San Juan Capistrano. The
Agreement will be placed on the Community Redevelopment Agency and
City Council Agendas for their respective adjourned regular
meetings on Wednesday, November 7, 1984. A copy of the Agendas
will be forwarded to you prior to the meetings.
If you have any questions, please don't hesitate to
call.
Very truly yours,
MARY ANN- ANOVER, CMC
Agency Secretary
MAH/mac
cc: Executive Director
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714-493-1171
0 0
COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM October 16, 1984
TO: Chairman and Board of Director
FROM: Stephen B. Julian, Executive Director
SUBJECT: CAPISTRANO UNIFIED SCHOOL DISTRICT - COMMUNITY REDEVELOPMENT
AGREEMENT UPDATE
SITUATION:
School District Superintendent Jerome Thornsley has informed me that the
final draft agreement has been reviewed and no changes are anticipated.
Due to the fact that they will not have all the Board members present at
their October 15th meeting, the full Board will formally act on the matter
at their meeting of November 5th.
The final draft agreement which is submitted herewith, has been circulated
to the Save Our School group and other interested parties.
---------------------------------------------------------------------------
---------------------------------------------------------------------------
RECOMMENDATION:
Direct that the agreement be placed on the CRA agenda of November 6th for
formal action by the CRA Board of Directors and the City Council Agenda for
City Council action.
---------------------------------------------------------------------------
---------------------------------------------------------------------------
Respectfully Submitted,
tephe B. Julian
SBJ/fwm
FOR CITY COUNCIL AGENDA .. ( ' XTT
B
2. CAPISTRANO UNIFIED SCHOOL DISTRICT/AGENCY AGREEMENT UPDATE
(68.38) Written Communications:
Report dated October 16, 1984, from the Executive Director,
forwarding the final draft Cooperation Agreement between the
Agency, the School District, and the City of San Juan
Capistrano. The report advised that the School District
reviewed the draft agreement and no changes were
anticipated; however, the School Board would not formally
act on the matter until their meeting of November 5, 1984.
The report further advised that the draft agreement had been
circulated to the Save Our School group and other interested
parties.
Scheduling of Formal Action:
It was moved by Director Hausdorfer, seconded by Director
Friess, and unanimously carried to direct that the agreement
be placed on the Community Redevelopment Agency Agenda and
the City Council Agenda for the November 6, 1984, meeting
for formal action by the Board of Directors and the City
Council. That meeting was subsequently rescheduled to
Wednesday, November 7, 1984.
San Juan Capistrano
Community
Redevelopment
Agency
TO: Tom Clark, Agency Counsel
FROM: Mary Ann Hanover, Agency Secretary
DATE: September 5, 1984
SUBJECT: Documents Requiring Signatures
Enclosed are the following documents:
(1) Agreement for Cooperation Between the Capistrano
Unified School District and the San Juan Capistrano
Community Redevelopment Agency and the City of San Juan
Capistrano (Sign two copies)
(2) Owner Participation Agreement (Chazan) (Sign two
copies)
(3) Joint Escrow Instructions and Agreement for Purchase
and Sale of Real Property (Sign five copies)
Your signature is needed on the signature pages of each document
and copies thereof as indicated by clips.
It is very important that we have these documents returned to our
office by 5:00 p.m. on Thursday, September 6, 1984. A
representative from our Planning Department is dropping the
documents off at your office today. Please arrange for a courier
to return the signed documents to our office no later than
5:00 p.m. tomorrow.
Thank you for your cooperation.
4 i �--
MARY
MAH/mac
Enclosures
d. Z/. S ,o..
32400 Paseo Adelanto milev
San Juan Capistrano
California 92675
714-498-1171
PEGASUS
Courier Service
(714) 54&1888 1 24 HOUR SERVICE
❑ RUSH Ok. SUPER PrTE AUTHORIZED BY
O REGULAR RUSH
ST'RADL.1,Mi3 YOCCrl C.i-Ir+t ')Of+ t_ I _
ADDRESS
660 NEWPOPT CE hi'1'ER DRIVE :61H
CITY PHONE
NEWPORT BEACH, CA 132660, _"i : 61: /O,S
ADDRESS - CHARGE
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CITY RhJ•, �P"'66 �swgPHONE
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ADDREB$ 0 C,v ✓I ��. �./'`. L' l l._ .. (1 J l
RECEIPT
CA AND UNIFIED SCHOOL DISTRICT •
San Juan Capistrano, California
August 9, 1984
TO: Jerome R. Thornsley, District Superintendent
FROM: W. F. Dawson, Asst. Supt., Facilities & Services
SUBJECT: AMENDMENTS TO REDEVELOPMENT AGREEMENT WITH
CITY OF SAN JUAN CAPISTRANO
---------------------------------------------------------------------------------
Following is a general listing of amendments to the above-mentioned agreement
which need to be completed in order to implement the concepts that were dis-
cussed by Board members and Steve Julian and Tom Merrell of the City on August 6.
San Juan School Site
1. A portion of the San Juan School site adjacent to Spring Street will be
jointly redeveloped with the abandoned Spring Street property and Parcel
1 as a single unified commercial development.
2. Proceeds of the partial site sale and the sale of the abandoned Spring
Street property would be placed in Fund 1.
3. The commercial complex developer or the Redevelopment Agency will pay
for refurbishment of San Juan School.
4. An appropriate portion of Buchheim Field will be added to the remaining
school site to insure that San Juan School retains the same acreage as it
possessed before the partial sale.
5. Tax increment attributable to that portion of the San Juan School site
and to the abandoned Spring Street property conveyed to a developer will
be placed in Fund 2.
Buchheim Field
1. Most of Buchheim Field plus the Little League facility will be conveyed
to the City for use as playfields.
2. CUSD will retain exclusive control of Buchheim Field during school hours.
3. R.O.P. will be relocated to the permanent adult education/ continuation
school site by the Agency.
Capistrano Elementary School Site ("Old Capo")
1. Old Capo title will be conveyed to the Agency.
2. In exchange for Old Capo, the Agency will construct the Sports Center
at CVHS.
3. Development of a city hall on the Old Capo site would begin immediately
after conveyance of title.
Jerome R. Thornsley • .
August 9, 1984
Page 2
4. The existing facilities, including adult education, continuation school
and other functions, will be leased to the District for one dullar a
year until these facilities are relocated to a permanent site by the
Agency.
5. After the above-mentioned relocation takes place, development of
various public uses on the Old Capo site will be implemented.
WFD/lkl
AIL
SAN
March 7, 1984
Tom Clark
Stradling, Yocca, Carlson & Ruath
Attorney at Law
Union Bank Building, Suite 800
P. O. Box 7680
Newport Beach, California 92660-0680
Re: Agreement With Capistrano Unified
School District
Dear Mr. Clark:
As per your request, enclosed please find a copy of the
signed agreement between the Community Redevelopment Agency, the
City, and Capistrano Unified School District.
Very truly yours,
MARY ANBY HANOVER, CMC
City Clerk
MAH/mac
Enclosure
9
0
c�
SAN
AML
February 28, 1984
Dr. Jerome Thornsley, Superintendent
Capistrano Unified School District
32972 Calle Perfecto
San Juan Capistrano, California 92675
Re:
Dear Dr. Thornsley:
Enclosed please find two copies of the Agreement for
Cooperation between the Capistrano Unified School District, the
City of San Juan Capistrano, and the Community Redevelopment
Agency. This Agreement was approved by the City Council and the
Community Redevelopment Agency at their respective meetings on
February 21, 1984.
Upon approval of the Board of Trustees of the
Capistrano Unified School District, please return one
fully -executed copy of the Agreement to this office.
Thank you for your cooperation.
Very truly yours,
MARY :N�HA ER, CMC
City Clerk
MAH/mac
Enclosures
cc: Community Redevelopment Agency
City Manager
Director of Community
Planning and Development
Tom Clark
E
32400 PASBO•AD60.ANT(7`,'
SAN JUAK CAPISTRANO, GALLFORNJA 92675
FHdNE 49]y l l ] y
February 23, 1984
Dr. Jerome Thornsley, Superintendent
Capistrano Unified School District
32972 Calle Perfecto
San Juan Capistrano, California 92675
0
Re: Agreement between School District, Ci
Dear Dr. Thornsley:
At their meetings of February 21, 1984, the City
Council and the Community Redevelopment Agency approved the
Agreement between the Capistrano Unified School District, the
City of San Juan Capistrano, and the Community Redevelopment
Agency for the use of Buchheim Field.
It is our understanding that the Board of Trustees of
the Capistrano Unified School District will take formal action on
the Agreement at their meeting of March 5, 1984. Your
cooperation is appreciated.
Very truly yours,
,r
MARY ANN HALMOVER, CMC
City Clerk
MAH/mac
cc: Community Redevelopment Agency i%
City Manager
Director of Community
Planning and Development
Tom Clark
• 0
3. AGREEMENT WITH CAPISTRANO UNIFIED SCHOOL DISTRICT
(68.38) It was moved by Director Schwartze, seconded by Director
Friess and unanimously carried to approve the Agreement for
Cooperation between the City, the Community Redevelopment
Agency, and the Capistrano Unified School District for use
of Buchheim Field.
Director Buchheim noted for the record that Buchheim Field
had been named for his father and that neither his family
nor heirs have a financial interest in the property. J
0
0
BOARD ACTIONS
1. REDEVELOPMENT PARTICIPATION AGREEMENT
(CAPISTRANO UNIFIED SCHOOL DISTRICT)
(68.38) The Board was advised that the Agreement had n
unanimously approved by the School Board and i
ineffective. Chairman Hausdorfer advised that
would be unable to acquire Buchheim Field for
City Hall site and must move immediately to ch
site. The Executive Director advised that an
been prepared for discussion in Closed Session
resolution of the pending litigation.
of been
s therefore
the Agency
the potential
oose another
agreement had
for
-)%�jg3
Advisory I
Council
COUNCIL
ANNE FOLEY
fission
WWIGJO
RECEi14'ED
November 18, 1983
Letter No. CK 47
c�2,4
CHARLES KENNEY
Honorable City Council
City of San Juan Capistrano
MARILYN MACDOUGALL
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
NORMAN MURRA Y
Dear Council Members:
LINDA WESTFALL
It has been brought to our attention that
the
City
of San Juan Capistrano and the Capistrano
Unified
School District are considering entering
into
an
agreement which, among other things, provides
that
•
application is to be made for annexation
of the
vas P
Capistrano Valley High School property to
the
City
z
of San Juan Capistrano.
At the regular meeting of the Mission Viejo Municipal
Advisory Council on November 14, 1983 we discussed
this proposed annexation and took the following
action:
MOTION
Councilman Murray moved, duly seconded and unanimously
carried by the Members present that MAC stands in
opposition to annexation by the City of San Juan
Capistrano of Capistrano Valley High School or any
other parts or portions of CSA 9.
Very truly yours,
MUP7IC);PAL ADVISORY COUNCIL
-@
?iNKEY
CHAIRMAN
CGK:er
27027 LA PAZ ROAD, Suite 430 MISSION VIEJO, CALIFORNIA 92691 (714) 581-7610
9 0
5. AMENDMENT OF AGREEMENT FOR COOPERATION BETWEEN THE
(68.38) Written Communications:
Report ate Septe er 4, 1984, from the Executive Director,
advising that due to concerns expressed regarding the
proposed redevelopment of the San Juan School site, a
mutually acceptable alternative was developed. The report
set forth the provisions with regard to the San Juan School
Site; Buchheim Field; and, the Old Capistrano High School
Site.
Exhibits were on display outlining the configuration of San
Juan Elementary School and its relationship to Buchheim
Field. The Executive Director made an oral report, noting.
the proposed reorientation of the school toward Buchheim
Field and retention as a school site, demolition of less
significant school buildings and incorporation into
development on Spring Street, and the rehabilitation of
Buchheim Field.
He advised that the City Hall facility will be on the Old
High School Site. The City will acquire the entire site and
lease back the existing permanent facility for continuing
education. When a permanent relocation site is found for
the continuing education/adult school facility, the balance
of the property will be developed for use as a museum and
cultural center. He further noted that the proposed
agreement had not as yet been reviewed by the Save Our
School Committee or the Capistrano Unified School District
Board of Trustees.
Approval of Draft A reement:
It was move by Director Friess, seconded by Director Bland,
and unanimously carried to approve the draft agreement and
direct the Executive Director to forward the draft to the
Capistrano Unified School District Board of Trustees for
their review and approval.
AGENDA ITEM
0
September 4, 1984
TO: Board of Directors, Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
SUBJECT: Amendment of Agreement for Cooperation Between the Capistrano
Unified School District, the San Juan Capistrano Community
Redevelopment Agency, and the City of San Juan Capistrano
SITUATION:
In March, 1984, the Capistrano Unified School District, the San Juan
Capistrano Community Redevelopment Agency and the City of San Juan Capistrano
entered into a cooperative agreement to provide mutual aid and assistance
in the redevelopment of certain areas of the City through the acquisition,
relocation and construction of public school facilities as well as other
public facilities. Among other things that agreement called for was the
redevelopment of San Juan Elementary School in conjunction with the adjacent
commercial development (between Spring Street and the Ortega Highway) and
the construction of a new school facility to replace the San Juan Elementary
School. Secondly, the agreement provided for the acquisition of Buchheim
Field by the Community Redevelopment Agency, portions of which could be used
by the City for the construction of a new city hall. In consideration of
the acquisition of Buchheim Field, the agreement provided that the Redevelop-
ment Agency would construct a sports center consisting of a gymnasium and
swim facilities at Capistrano Valley High School, and further would relocate
the ROP program to another suitable location. Thirdly, the agreement
provided for the acquisition of the Capistrano Elementary School site
(old high school site) by the Redevelopment Agency for the development of
a museum, performing arts center, cultural center, and/or other compatible
public uses. The Redevelopment Agency would be required to construct
replacement facilities for the adult education and continuation school
programs at some other as yet undetermined location acceptable to the
School District. In addition, the agreement provided for other assistance
and cooperation between the School District and the Redevelopment Agency.
In response to concerns expressed by parents of children currently attending
San Juan Elementary School, former students, and other concerned citizenry
regarding the proposal to redevelop the San Juan School site, representatives
of the Capistrano Unified School District and the Community Redevelopment
Agency have met to explore alternatives to the redevelopment of San Juan
Elementary School, and a mutually acceptable alternative has been developed.
The alternative essentially provides for the following:
San Juan School Site
1. A portion of the San Juan School site adjacent to Spring Street
to be jointly redeveloped in conjunction with an abandoned
Spring Street right-of-way and the adjacent commercial development.
C /? 19
'QR CITY COUNCIL AGENDA` . � 5
9 0
Agenda Item - CUSD/CRA Agreement -2- September 4, 1984
2. San Juan Elementary School will be reoriented from Spring Street
toward Buchheim Field, with appropriate portions of Buchheim
Field to be added to the remaining school site to retain appro-
priate acreage and utility of the school site.
The refurbishment of San Juan Elementary School and other improve-
ments necessary to reorient the school towards Buchheim Field
would be at the expense of the Community Redevelopment Agency
and/or the commercial developer.
Buchheim Field
Buchheim Field and the Little League facilities will be conveyed
to the Redevelopment Agency and the City for redevelopment and
refurbishment as park, recreational, and athletic facilities.
The Capistrano Unified School District will retain control of
Buchheim Field while school is in session.
The refurbishment and redevelopment of Buchheim Field as described
will most likely occur in conjunction with and as part of an
overall master plan for the redevelopment of portions of San
Juan School.
The ROP will be relocated by the Agency.
Capistrano Elementary School Site (Old Capistrano High School)
1. Ownership of Capistrano School will be conveyed to the Redevelop-
ment Agency in exchange for which the Redevelopment Agency will
construct the sports center at Capistrano Valley High School.
2. The City would be permitted to develop a new city hall on the
Capistrano Elementary site following conveyance of title to the
Agency.
3. The Redevelopment Agency will lease back to the District for
$1.00 per year those permanent facilities required for adult
education, continuation school, and other District functions
until these facilities can be relocated to a permanent site by
the Redevelopment Agency.
4. Following the relocation of the adult education, continuation,
and other District functions, the Capistrano School site will
be developed for public uses which may include a performing arts
center, museum, cultural center, fine arts facility, or other
similar public or quasi -public uses.
0
Agenda Item - CUSD/CRA Agreement
-3- September 4, 1984
With respect to the foregoing alternative, the Superintendent of the
Capistrano Unified School District, Dr. Jerome Thornsley,-and I met with
representatives of the SAve San Juan School Committee and reviewed this
alternative with them. Members of the Committee expressed support for
the proposal and concurred with Dr. Thornsley and I that the proposal
provides opportunities for the improvement and enhancement of San Juan
Elementary School as a neighborhood oriented school.
A draft agreement amending and restating the agreement between the
Capistrano Unified School District, the Community Redevelopment Agency,
and the City of San Juan Capistrano is attached for your review. If the
Agency Board of Directors concurs and approves the draft agreement, it
will be forwarded to the CUSD Board of Trustees for consideration at their
meeting of September 17th. Unless their are additional changes required,
final approval of the agreement would be scheduled for the Agency's first
meeting in October (October 2, 1984).
COMMISSION/BOARD REVIEW, RECOMMENDATION:
Not applicable.
FINANCIAL CONSIDERATIONS:
The revised agreement does not in and of itself entail any additional cost
to the Redevelopment Agency or the City of San Juan Capistrano. The ultimate
development costs will not be known until specific development plans have
been undertaken. It is anticipated, however, that the costs will not exceed
those already contemplated within the existing Redevelopment Plan adopted
by the Agency.
ALTERNATE ACTIONS:
Approve the draft agreement and direct the Executive Director to forward
the draft to the Capistrano Unified School District Board of Trustees
for their review and approval.
2. Revise the draft agreement as the Board may determine to be appropriate.
Request additional information from staff.
RECOMMENDATION:
Approve the draft agreement and direct the Executive Director to forward the
draft to the Capistrano Unified School District Board of Trustees for their
review and approval.
---- --------------------------------------------------------
Resp full sub d,
St phen B. ian
SBJ:cj
MEMORANDUM August 30, 1984
TO: Board of Directors, Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
SUBJECT: CUSD/CRA Agreement Amendment
The draft amendment to the CUSD/CRA agreement was not completed in time
for packet distribution. The amendment will be forwarded to the Board
prior to the meeting of September 4th.
S J:cj
0
BOARD ACTIONS
1.
CAPISTRANO UNIFIED
NT (COUNTY OF ORANGE)
(68.38) It was moved by Director Buchheim, seconded by Director
Schwartze and unanimously carried to continue the items to
the next regular meeting date of Tuesday, December 6, 1983.
CLOSED SESSION
The Board recessed at 8:52 p.m., to reconvene the City Council
meeting. The Board convened in a Closed Session at 9:44 p.m.,
for discussion of legal matters, the Agency Secretary being
excused therefrom, and reconvened at 10:49 p.m.
,.i i- / I S a)
0
BOARD ACTIONS
REDEVELOPMENT PARTICIPATION AGREEMENT
CAPISTRANO UNIFIED SCHOOL DISTRICT
0
(68.38) It was moved by Director Bland, seconded by Director Friess
and unanimously carried, with Director Schwartze absent, to
authorize the Agency Counsel to proceed with defense of
litigation initiated by the Capistrano Unified School
District, and to report on the status of the matter at the
meeting of November 15, 1983.
1gZj%3
Z400 i
1 ' -" &'1. I
SAN J PtSTRA"R CAl:LF
E
92675
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.
Yours very truly,
to en B. liar
�AJn) A -) C, -City Manager
SBJ:ch
0
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 Juar.
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.
ANNETTE 8.
Ca ist0ano Unified
P f
School
District
Vice President
As you are aware, the School District and the City have been concerned
PAUL B.
with completing a cooperative agreement to provide for redevelopment
N
of certain facilities. The goals and objectives of an agreement have
"ExaeUence
bt Educa.ri.on"
E.G 'TED'
32972 Calle Perfecto, San Juan Capistrano, California 92675 Phone (714) 496-1215/837-5181
KOPmember
facilities, and commercial development of school property. Perhaps
DAWSON
the project was too ambitious, given the time constraints within which
.IAN OVERTON
November 1, 1983
Member
IF 3
BOARD OF
TRUSTEES
from the sale or exchange District properties. The
WARD
We commend our respective representatives who have spent many hours
Member
trying to put together a mutually beneficial agreement; however, some
GEORGE L.
areas are still of major concern to the District. The Board of Trustees
A. EDWARD
Honorable City Council Members
Member
they are contained in the proposed agreement:
sTBER G. D.D.S.
President
City of San Juan Capistrano
LINDA A.
We are concerned that language has been deleted concern -
ANNETTE 8.
Gentlemen:
GLIDE
Health and Safety Code that any payments required under
Vice President
As you are aware, the School District and the City have been concerned
PAUL B.
with completing a cooperative agreement to provide for redevelopment
N
of certain facilities. The goals and objectives of an agreement have
Clerk
Clerk
included a complex blend of property exchanges, a city hall site, relo-
E.G 'TED'
cation of existing school facilities, construction of new school
KOPmember
facilities, and commercial development of school property. Perhaps
DAWSON
the project was too ambitious, given the time constraints within which
.IAN OVERTON
the parties have to function. A list of the agreed upon objectives is
Member
attached for your information.
CHARLES H.
from the sale or exchange District properties. The
WARD
We commend our respective representatives who have spent many hours
Member
trying to put together a mutually beneficial agreement; however, some
GEORGE L.
areas are still of major concern to the District. The Board of Trustees
WHITE
wishes the City Council members to fully understand these concerns as
Member
they are contained in the proposed agreement:
DISTRICT
1. The agreement does not contain a finding pursuant to
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, Ea. D.
by the San Juan Capistrano Central Redevelopment Project.
District
The District is concerned that the absence of such a
SuDertntenDent
finding weakens the enforceability of the agreement.
WILLIAM F.
DAWSON
2. There is no assurance that the project priorities estab-
Assistant
Superintendent,
Supernte
lished b the School District will be honored b the
Y y
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
DIES, Ed. D.
over any adjustments in priorities.
Assistant
superintendent,msvucnonal
3. The proposed agreement contemplates an amendment to
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
Services
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 Council 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
AGENDA ITEM November 1, 1983
TO: Stephen B. Julian, Executive Director
Community Redevelopment Agency
FROM: Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
SUBJECT: Redevelopment Participation Agreement (Capistrano
Unified School District)
SITUATION
For the past several months staff and consultants for both
the Capistrano Unified School District (CUSD) and the City
have been working out a Redevelopment Participation Agreement.
Even though these discussions arose out of CUSD's involvement
in the Redevelopment Agency fiscal review process, the
agreement is not predicated upon mitigating fiscal burden or
detriment caused by tax increment financing. Instead, it is
based upon the need to implement redevelopment goals of both
agencies. Thus, the agreement represents a partnership
between the City Redevelopment Agency and CUSD.
The key provisions in the agreement are as follows:
1. San Juan Elementary School is to be redeveloped. A new
replacement school will be constructed within the
community. School district tax increment from this
development will be used for other projects benefiting
CUSD and the project area.
2. Buchheim Field will be conveyed from CUSD to the Agency
immediately upon entering into this agreement. The ROP
facilities on Buchheim Field will be relocated to a new
permanent site. (In the event the San Juan School is
not redeveloped within five years or a Redevelopment
Plan amendment implementing these revisions cannot be
adopted, the Agency would be required to compensate
CUSD for its conveyance of Buchheim Field.)
3. The Agency will construct a sports center, consisting
of a swimming pool and gymnasium at Capistrano Valley
High School, subject to annexation of the high school
site into the City.
4. The Agency may receive ownership of the old Capistrano
Elementary School site, including the library site,
upon relocating the adult education continuation school
to a new permanent site.
FOR CITY COUNCIL AGENDA W4
Agenda Item -2- November 1, 1983
5. The Agency may fund the replacement for San Juan School
and the proposed sports center from proceeds of sale of
the San Juan Elementary School. The Agency may be
required to supplement these funds should proceeds of
sale be insufficient.
6. The Agency will process a Redevelopment Plan amendment
to extend the life of the project from 35 to 45 years
in order to expand the Agency's bonding capacity to
carry out other projects of CUSD. Extraordinary tax
increment, as defined in the agreement, will also be
utilized for this purpose. Examples of projects which
may he funded from this source are rehabilitation of
public schools serving City residents, performing arts
center, an instructional media and data processing
center, addition of temporary or permanent classrooms
and other facilities which benefit the project area.
7. All funds accumulated by the Agency to be used for
projects which benefit CUSD under this agreement will
be held in trust by the Agency separately from other
Agency funds.
It is important to note that the foundation of this agreement
is to leave the original Redevelopment Plan and its capital
projects and funding sources totally intact. All of the
projects to be carried out under this agreement are to be
funded from revenue sources above and beyond those anticipated
in the existing adopted Redevelopment Plan.
Staff believes that this agreement will greatly benefit both
parties. It will enable the school district to modernize
and upgrade its facilities. It provides for the City to
implement its Downtown Master Plan and maintain Buchheim
Field and the old Capistrano Elementary School in public
use. The conveyance of Buchheim Field to the City will give
the City Council the option of considering this site for our
proposed new City Hall. While it is expected to take many
years to fulfill all the provisions contained in the agreement,
the outcome of this newly formed partnership will clearly
benefit the public both agencies serve.
FINANCIAL CONSIDERATIONS
The Agency will bear administrative costs to process the
proposed amendment to the Redevelopment Plan from Account No.
01-9000-111. Costs of the capital projects called for in
the agreement have not been estimated at this time. However,
funding sources for all capital projects are identified in
the agreement. Further, the agreement provides that the
Agency's obligation to perform capital projects is subject
to availability of funding.
Agenda Item -3- November 1, 1983
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
ALTERNATE ACTIONS
1. Approve the agreement and authorize the Chairman of the
Board of Directors of the Agency to execute it subject
to effective dismissal of all litigation, with prejudice,
attacking the validity of the Redevelopment Plan.
2. Do not approve the agreement.
3. Do not approve the agreement and identify additional
concerns or issues to be considered.
RECOMMENDATION
Approve the agreement and authorize the Chairman of the
Board of Directors of the Agency to execute it subject to
effective dismissal of all litigation, with prejudice,
attacking the validity of the Redevelopment Plan.
Respectfully submitted,
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
TGM:lcl
Attachment
I
sUl that corbain real property ,,ituaUc:d iii the state of California,
count7r W. Ovano, cit' -o Jmloscri' cd v, df011ow;,;:
p,ia',G_i0n,,.,, D1. ' .Doti: 1, 2, act.l I, i,i Dloc!7 B Of Tvart NO. 800,
:;Ilimm oil rccorOic(A in boot, 11
oll in 11,
and Dlo-1- Il of -ian JI.-Iml 0'11.1):L`. vano, au Oil,
7 o
U,i i�'IIL luctic)o In t
I.,--ollud Zinc, "n.0 J.'
a; "t, f-mavtc::r of the-. i1ovt1oa-;t t,uartcr of "':o ction n
J
JD, A "o ]:),I,
all(',
111Lic; Cii c1 Norbhoa,ltorly coi�,.o of Lot 9 In Mock b Oa -1 C
IT �
t 11.7'.11.7'.G'00; andu
rnninL. tnc.
hao''ouer
t, ly alollcho � t-Itt.".-Oly lillo
_1�1 c
T.vl-,cb lio, ii(J[S, u diotalloc'. of, ''50.00 tl('ot to thc, tilov tj `U-
oi, Lat 1+,itl t,,aj.cl .11,11oc1c U ol, ;To. 808, tholicc.
alon"', th(3 ifov�11111Y linc, of uai.Ci Lot Ii. a 61otance of 6.00 to
:;filo L'o-vt],turly tc"rl%linun of the 'Ho,Iterl. of that par_, -(J
Di, 2, in bho ntntc 'o.t,
-o C) t:. I a I ) o I 3:-t vP c 100, offi cl,1 11
iii t;lu t)iTico of tflu County M,cordov o.P cwli& oran-c Coull L...
W._,:;tor.IY i;o 1)Olrlt Oil the
.1, of ;aid Bloc.1c. of Au. "02, dl:l{:.'.Int
2,.o;%'x'Ui:i the cornoo of ,aia Lot 1,
"aJ.6. ::;Out1)"DvIY line 37.0)i .1. Eichto tilt,
3al., Lo' 'G 1,
, thence Southc.,-�,ly the lith; 01IL; , fjo
aid Tvct i110. Goo (AtJ =chonaB '3t1^cot), anO aloar.; thII "louthurly
ox;olom�,Pation thereof to a line parallel uith and distant
L
10.00 i,cct, ilctaourod ,it rif_,:ht an.,,,lc:,, froiii the soutilerly ling of ,,aid
Lot ? in J."locl'. I'll", thence Wcoltorl,,7 IalollE; parallel lin, tc,
iOrtjl<:vly tcviidnui,j of the WootI;x°ly line of that certain parosol oZ I.-Anc,
dcocribed a2 Parcel 1, in a deed recorded In p book 2440: ai:c 59'(,
Official IlQcorcla, in the office of the County Re.cor6or of !;aid Ovaa,.,,c,
couai;y.., t tc,ncu t,;QUWje-rly I,lal.6 i.Jow,,torly Ilaco to thc int,cr:;c-LLion
thorc,,Of with the: Southerly line of th,:', lana described ill'clic: ftocll to
C,api.,,Urario union liigTi 11�!ohool District oi' OraaL.,e County, xmJ3ovc106 in
boolc 10'72, pa c 140 Official Records., .1.11 the office of tlli,, Covilty
RccovC Ij, 'laid Orange County; thonc;�_- oLttT
(* "al 001
lino of 111r.,;h ;11uh3o]. 1 a)idl , )115,.r-58 foot; t'Izn3C,
LD'OuLh 1* I111 30" i,l:ist fo(�t to Northerly linc, oi* 1,ob ",)
of i>'Un juall capisLranoas, hevoinbofore., ,-tiontionod., thence: 11coltorly
alonr, ;3aid Northerly line to the iritcr,e;ution thereof with the
Eastovly III -1c of El Camino Real, 56.001 2cteb wide; thence "Outil aIejvlL,-_.
the Easterly line Of -aid Rl Camino 111cal, tho folloijinr_; coqtq;1ci*,' Midi
distances. south 220 %gv 00' 17a.,t, )8.76 fc t and 1,.,out1i 00
E 7
a4t, 98.001 feet to the Iforthorly lin(~ of Street, on
the of said 11ract No. 10.9; thonoc. 00'
I j n 'L, tr c; lie 'u-n—
th�., liorthorly line of ;�allct `pri,g , tit 446.'�6 vc�ct to t, uou`
east corner of -,aid Lot 3 of t3aa Juan Capi::jtvaao; thence outhci-ly
EXHIBITA
alonp,. tile 9011thorly Prolongation of the Fiusterly line of uaid Lot
to the the'vc,of with tI1c, q1tcl, linc of' Strect,
1-0 1, 1 ()(),1! j-�%ot aloiv-
,utiC ooni�j2 linc� '�63-79 ;oet,
"Nort'llerly iiilk- of
ipr. Lir': I -(also knoi,xi a -o `jan Juai, 11ol- Road) (A t"'t 1) 1,
IJ10 "j-1
Y?
(-Ori U_,.. Lot, 11, Oi, ,aio , 1.1va 0 b -iu. 2 i5 �5
15'ast, aloac, the Nortlievl,� line of said Sl)rirC �,,troet, 1`u /2 f��-'U-;
t 11 1, i 7"Orn lot/.4 t 35 t 1_`5 c, ct ; thence ilor-th
EXHIBIT A
1.
tli(Dnc;ia' i�Torth ?,61 OG'r mci;b-i-ecit5 -S)oilc.c
lino
to tfl-
'PfAni
"-):c
EXHIBIT A
o,�aga
pan Jdmn
i� tr Is
Rhls plat Sa SnearNd ae o matter of Snfo rvotlon mnly� mnd All. tmese
lm mompll ad from info reetieu
.hl ma Ual lava to be
oorrmmt M
Is eenumad by thle Compnny a• to Lhm aorreotnae• of ..141oFono limhSl ltyrnmtion. EXHIBIT A
• 4
TR. 6
cz_ yI
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AGK
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S T R E E T o
o-
\ ti
BUCHHEIM FIELV
CITY HALL BITE
\ Ma
ATHLETIC FIELD E
.r
\@IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II
rmnn�
SAN JUAN SCHOOL SITE
PARCEL 1
W PY
N G N l,000 EXHIBIT B
That portion of Lot Ten (10) of Tract No. 103, in the County
of Orani;e, State of Californifi, as per map thereof recorded in
Book 11., at p;iij(=e 29 to 33, inclusive, of Lisceiiiineous Preps,
recoriis of said OranCv County, described as follows:
BeL;inn ni „t the most Southerly corner of said Lot 10 and
runn.i.nL� thence North 640 59' East alont; the Southerly line of
said Lot, 653.06 feet; thence Dlorth 20 19' West 245.66 feet to
the Southerly line of Vie Northerly 10 feet of said Lot 1.0;
thence .South 871 41' West aloni; said Southerly line ?5,'_.86 feet
to the Westerly line of said Lot; thence South 221 291 Ivest along
said Westerly line 294.46 feet to the point of beginning.
NOTE: Said property lies wituin San Juan Sanitary District.
EXHIBIT C
P/Grf
Showing Lof i0 of
TA -r- /No. 103
per "Wp recorded in Book ii at
Miscellaneous Maµs , Records
Oranye Co., Ca//f.
5 29-33�
Cf
EXHIBIT C
Tliia plat is inserted as a matter of information only, and wool liebili�
is compiled from information S Lu tichcorrc toess soft to
in or eatioe.
That portion of Lot Eleven (11) of Tract No. .103, in'the
County of Orange, State of California, as per map thereof
recorded in Book 11, at pages 29 to 33, of Miscellaneous
Maps, records of said Orange County, described as follows:
Beginning at the most Westerly corner of said Lot 11, and
running thence South 220 291 East along the Westerly line of
said lot, 196.21 feet; thence North 870 411 East 592.39 feet;
thence North 40 421 l0° West 185.11 feet; thence North 20 191
West 30 feet to a point in the Northerly line of said Lot 11,
which is distant thereon North 840 591 East 653.06 feet from
the point of beginning; thence South 840 591 West, along said
Northerly line, 653.06 feet to the point of beginning.
NOTE: Said property lies within San Juan Capistrano Sani-
tary District.
EXHIBIT C
0
0
Plat
show/n9 L o7t // of
TA C-7 T- I IGl /03
exs pr map recorded in Book // of
Miscelbneow Maps, Rbcords
OrarJye Co., Ca//f.
Thin plat fs inserted as a matter of information only, and while the stone
is compihtd from tn[ormation which we believe to 6o correct, no NaMlity Is
aaumed by this Company as to the correctness of said information.
EXHIBIT C
0
Parcels 1 and 2 of Parcel Map 80-853 as shown on a map thereof
recorded in book 154, page 33 and 34 records of Orange County,
California
EXHIBIT D
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EXHIBIT D
MISSION VIE,JO COMPANY
ICT 31 4 2, ata IS
October 31, 1983
Honorable City Council
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Council Members;
CI?'; OF
SAN .OJAN
CAP' <;71;aW�
It has been brought to our attention that the City of San Juan
Capistrano and the Capistrano Unified School District are
considering entering into an agreement which, among other
things, provides that application is to be made for annexation
of the Capistrano Valley High School property to the City of
San Juan Capistrano.
Mission Viejo Company wishes to go on record as opposing that
element of the proposed agreement which calls for annexation of
the high school property. From discussions at the staff level,
we appreciate what both parties are trying to accomplish with
the agreement. While we do not want to interfere in any way
with the general goals and objectives of the agreement, as we
understand them from our discussions, we do believe that the
goals can be achieved without annexation of the property.
The property in question is not within the City of San Juan
Capistrano sphere of influence, but is within CSA 9 and its
sphere of influence.
Even though under the agreement such an annexation request may
not occur for several years, it sets in motion a course of ac-
tion wich could limit the future options available to the
Mission Viejo community.
We therefore request that the two parties find a method of
achieving your mutual goals without including the annexation
language. As an alternative, we would request that prior to
26137 LA PAZ ROAD � MISSION VIEJO - CALIFORNIA 92691 - 714] 837-6050
E
Honorable City Council
City of San Juan Capistrano
October 31, 1983
Page 2
40
entering into the,agreement, the Local Agency Formation Commis-
sion be petitioned for a change in the sphere of influence so
that all affected and interested parties can be heard on the
matter of a boundary adjustment.
Sincerely,
MISSION VII�EJJOO COMPANY
Van Stevens
Vice President
VS/tc
xc: Board of Trustees,
Capistrano Unified School District
Mission Viejo Municipal Advisory Council
Richard Turner, Executive Officer,
Local Agency Formation Commission
0 •
BOARD ACTIONS
1. REDEVELOPMENT PARTICIPATION AGREEMENT
(CAPISTRANO UNIFIED SCHOOL DISTRICT
(68.38) Chairman Hausdorfer advised that discussions with the School
District will continue.
4 0
BOARD ACTIONS
1. TAX INCREMENT AGREEMENT (COUNTY OF ORANGE
(68.38) The Deputy Director advised that an accord had been reached
between the parties, but additional time was needed to
finalize the agreements.
/oll���-t
BOARD ACTIONS
1
(68.38)
0 0
TAX INCREMENT AGREEMENT (COUNTY OF ORANGE) AND
Lot U$asOfPAP . • • 9 : TayM.11kiW
The Deputy Director advised
not ready for approval. The
process of reviewing the Tax
the Agency; discussions are
Districts.
that the agreements were
County Counsel is in the
Increment Agreement with
continuing with the School
AGENDA ITEM
0
October 6, 1983
TO: Board of Directors, Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
SUBJECT: Redevelopment Agreements
I --'TI T T/l '
The Redevelopment Agency agreements with the County of Orange,
Capistrano Unified School District, and the Saddleback Community
College District will be forthcoming pending further discussions
with the affected agencies and review at the Council meeting of
September 29, 1983.
C'.�A
0 a
2. REDEVELOPMENT PARTICIPATION AGREEMENT
(CAPISTRANO UNIFIED SCHOOL DISTRICT)
(68.38) It was moved by Director Friess, seconded by Acting
Chairman Bland and carried, with Director Buchheim
abstaining due to a conflict of interest, to approve
the Redevelopment Participation Agreement with the
Capistrano Unified School District in concept and to
schedule the matter for approval by the full Board at
the meeting of October 6th, subject to approval by the
School Board and dismissal of the pending litigation.
BOARD ACTIONS
TAX INCREMENT AGREEMENTS - COUNTY OF ORANGE, CAPISTRANO
(68.38) Written Communications:
Report dated September 20, 1983, from the Executive
Director, reporting on the status of negotiations with the
County of Orange,_ the Capistrano Unified School District,
and the Saddleback Community College District, to
participate in or mitigate the effects of the Redevelopment
Plan. The report recommends adjournment to September 29th
to review the proposed final drafts of the agreements.
Review of Draft Agreements:
It was moved by Director Buchheim, seconded by Director
Friess and unanimously carried to receive and file the
report; and, to adjourn the Redevelopment Agency to
Thursday, September 29th, in order to review the proposed
final drafts of the agreements with the County of Orange,
Capistrano Unified School district, as well as a draft
agreement with the Saddleback Community College District.
It is anticipated that adoption of the agreements will be
scheduled for the meeting of October 6, 1983.
AGENDA ITEM
TO:
FROM:
SUBJECT:
September 20, 1983
CRA Board of Directors
Stephen B. Julian, Executive Director
Tax Increment Agreement - CUSD
SITUATION:
The Tax Increment Agreement with the Capistrano Unified School District will
be presented to the Agency Board of Directors prior to the September 20th
meeting.
SBJ:ch
FOR CITY muNGIL AGENnA
�l
Z
I*
AGENDA ITEM September 6, 1983
TO: Stephen B. Julian, Executive Director
Community Redevelopment Agency
FROM: Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
SUBJECT: Status Report on Consultation With Other Taxing
Agencies
SITUATION
The County of Orange, the Capistrano Unified School District,
and the Saddleback Community College District have expressed
an interest in discussing the fiscal implications of Agency
activities on their respective agencies. Staff has maintained
an openness to consult on such matters since the beginning of
this year. As a result, staff will present proposed formal
agreements with the County and CUSD for Agency review and
consideration within approximately 30 days. Although no
formal agreement has been reached with Saddleback Community
College District, staff has communicated a continuing willing-
ness to work out a similar agreement as we have with CUSD.
Staff requests a closed session with the Agency in order to
review legal aspects of this matter.
Respectfully
submitted,
�p
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
TGM:jtb
.'�'.',j' '