Meeting Date: 1997-01-15301
APRIL 15, 1997
REGULAR MEETING OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS
CLOSED SESSION (610,851
The Closed Session scheduled for 5:00 p.m. regarding the following item, was cancelled:
1. Conference with Real Property Negotiator per Government Code Section 54956.8 regarding
the proposed sale and transfer of four parcels of real property between the Community
Redevelopment Agency, the City of San Juan Capistrano, and the Capistrano Unified School
District, with negotiator David Doomey for the School District.
RECESS UNTIL 7:00 PM BUSINESS MEETING
The Regular Meeting of the Board of Directors of the City of San Juan Capistrano Redevelopment
Agency was called to order by Chairman Hart at 8:05 p.m. in the City Council Chamber. Mayor
Swerdlin had previously indicated that the scheduled Closed Session had been cancelled.
ROLL CALL: PRESENT: Wyatt Hart, Chairman
John Greiner, Vice Chairman
Collene Campbell, Director
Gil Jones, Director
David M. Swerdlin, Director
ABSENT: None
STAFF PRESENT: George Scarborough, Executive Director, Thomas Tomlinson, Deputy Director;
John Shaw, Interim Agency Counsel/City Attorney; Jennifer Murray, Assistant City Manager;
Cynthia L. Pendleton, Finance Officer, Cheryl Johnson, Agency Secretary; William Huber, Engineer-
ing and Building Director; Al King, Jr., Community Services Director; Lt. Paul Sullivan, Chief of
Police Services; Nancy Bernardi, Recording Secretary.
PUBLIC HEARINGS
1. JOINT PUBLIC HEARING WITH THE CITY COUNCIL - PROPOSED SECOND
AND AMENDED AGREEMENT FOR COOPERATION BETWEEN THE
AGENCY/CITY AND THE CAPISTRANO UNIFIED SCHOOL DISTRICT
(600,40)
Proposal:
Consideration of a proposed Second Amended and Restated Agreement for Cooperation
between the City/Agency and the School District that would result in the following:
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(1) The Agency will sell a 7 -acre parcel located on a portion of the Kinoshita property
(Elementary School 664640007 Parcel) to the School District at a cost of $2.4 million
for the purpose of constructing a school facility. The 7 -acre parcel is part of the
former 56 -acre Kinoshita farm jointly owned by the City and the Agency. In order
to accomplish the sale the City and Agency will partition their undivided interests in _
the farm site so that the Agency is sole owner of the site to be sold to the School
District.
(2) The School District will release the Agency from an existing obligation to construct
a pool, relocate buildings, and convey a 2.5 -acre parcel to the School District.
(3) The School District will convey fee title for the Library Parcel to the City.
(4) The School District will lease Stone Field to the City at no cost for a term of 25 years,
with an option to renew.
(5) The existing tax increment sharing provisions of the original and First Amended
agreements will remain in place.
Applicants:
City of San Juan Capistrano and the San Juan Capistrano Community Redevelopment
Agency, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675
Capistrano Unified School District, Attn: Dave Doomey, Asst. Superintendent, Facilities
Planning, 32972 Calle Perfecto, San Juan Capistrano, CA 92675
Written Communication:
Report dated April 15, 1997, from the Executive Director, advising that it had become
apparent that the total cost to complete the obligations set forth in the Agency/School District
Cooperation Agreement would exceed the Agency's tax increment resources and other assets;
further that priorities of both the School District and the Agency had changed. The Report
recommended approval of various documents that would revise the Agency and School
District obligations.
Exhibits were on display, and Mr. Scarborough made an oral presentation.
Public Hearine:
Notice having been given as required by law, Mayor Swerdlin opened the Public Hearing, and
the following persons responded:
(1) Carl Goodwin, 32651 Deadwood Avenue, inquired whether the City had considered
the impacts of AB 1290 and/or the 1994 Redevelopment Reform Act on its ability to
make the proposed agreement, and whether the proposed agreement provided for tax
increment payments to the School District.
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-2- 4/15/97
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Mr. Scarborough stated that the proposed agreement between the Agency and the School
District met the provisions of AB 1290. He advised that the tax increment payments would
continue unchanged.
There being no further input, the hearing was declared closed with the right to reopen at any
time.
. Approval of Real Property Partition Agreement:
It was moved by Director Greiner, seconded by Director Jones, and unanimously carried that
the Real Property Partition Agreement between the City and the Agency be approved relating
to the transfer and quitclaim of undivided interests in the former Kinoshita farm site to
provide for future development of an elementary school (Elementary School 664640007
Parcel) on approximately 7 acres. The Chairman was authorized to execute the Agreement
on behalf of the Agency.
Approval of Second Amended and Restated Agreement for Cooperation:
It was moved by Director Greiner, seconded by Director Jones, and unanimously carried that
the Second Amended and Restated Agreement for Cooperation between the City/Agency and
the School District be approved:
(1) Conveying the fee title for the 7 -acre elementary school site located on the Kinoshita
property to the School District;
(2) Releasing the Agency from its existing obligations to construct a pool, relocate
buildings, and convey a 2.5 -acre parcel to the School District in exchange for the
return of the SERRA high school site, Stone Field, and related school buildings to the
School District;
(3) Conveying the fee title for the Library Parcel from the School District to the City;
(4) Providing for the School District to lease the Stone Field to the City at no cost for a
term of 25 years, with an option to renew; and
(5) Continuing the existing tax increment sharing provisions of the original and First
Amended agreements.
The City Manager/Executive Director was authorized to execute the final documents on
behalf of the City/Agency, as well as to make minor changes to the documents to ensure that
the transaction is completed in a timely manner.
Adoption of Resolution Making Findings Re- Health and Safety on the Disposition
of Two Agency -Owned SchoolSites:
It was moved by Director Jones, seconded by Director Greiner, that the following Resolution
be adopted:
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