COMMUNITY REDEVELOPMENT AGENCY (3)• 0
City/Agency Co-operative Agreement
for
Capistrano Volkswagen Fair Share Traffic Mitigation Fees
This Agreement is entered into this -/-V day of001, by and between 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").
Recitals
A. The Agency has entered into an Owner Participation Agreement (OPA) to provide
Miles D. Brandon with $500,000 of assistance over time for the expansion of his
dealership "Capistrano Volkswagen", located at 32852 Valle Road, in the City of
San Juan Capistrano.
B. A subsequent First Amendment to the OPA to have the Agency advance financial
assistance to offset traffic mitigation fees due in advance of building permit
issuance.
C. A majority of the traffic mitigation improvements are to be initiated by other
developments and their timeline extends beyond the medium term horizon.
D. The Agency seeks to defer the obligation to pay required City fees contained in
Exhibit A, attached to and herein, and the City agrees to defer receipt of its fees.
Now therefore, in consideration of the premises and promises contained here and
above, the Agency and the City agree as follows:
Fair Share Traffic Mitigation Fees.
The Agency shall remit to the City the amount of proceeds generated by the OPA
with Miles D. Brandon. Agency will remit all proceeds until all fees identified in
Exhibit A have been retired.
In Witness Whereof, the parties have executed this Co-operative Agreement as the date
first written above.
Attest:
I" ret M. Monahan, City Clerk
City of San Juan Capistrano:
f
9 0
Co-operative Agreement
Capistrano Volkswagen Fair Share Traffic Mitigation Fees
Attest:
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M rg ret M. Monahan, Secretary
Appr vedas to Form:
S�--
John qhaw, City Attorney
C:\AGENDAS\2001\Coopagrmnt.wpd
Agency:
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 (FAX)
www.sanjuancapistrano.org
' ISTAILISNEI 1961
1776
MEMBERS OF THE CITY COUNCIL
DME L. MTHGATE
JOHNS. GELFF
COLLENE CAMPBELL
WATT HART
DAVID M. SWERDLIN
CITY MANAGER
GEORGE SCARBOROUGH
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 7:00 p.m. on December 4, 2001,
in the City Council Chamber in City Hall, to consider
"Consideration of Co-operative Agreement with the Community Redevelopment
Agency for the Deferral of Fair Share Traffic Mitigation Fees. (Capistrano
Volkswagen)" — Item No. 11c
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, December 3, 2001 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a blue 'Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Douglas D.
Dumhart, Principal Management Analyst. You may contact that staff member at (949)
443-6316 with any questions.
Thank you fi?ryour interest.
Me Mon han, CMC
City lark
(949) -6308
cc: Douglas D. Dumhart, Principal Management Analyst
Miles D. Brandon, Capistrano Volkswagen
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0 0
C, CO-OPERATIVE AGREEMENT WITH THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY APPROVED FOR THE DEFERRAL
OF FAIR SHARE TRAFFIC MITIGATION FEES (CAPISTRANO VOLKSWAGEN)
(6/I .30)
Project Description: A First Amendment was approved with Capistrano
Volkswagen and the Community Redevelopment Agency to pay for Capistrano
Volkswagen's Fair Share Traffic fees, which are collected prior to permit issuance.
The Agency is requesting that the City defer a collection of these fees and that it
remit payments received from the first amendment to the Owner Participation
Agreement.
Written Communication: Report dated December 4, 2001, from Douglas D.
Dumhart, Principal Management Analyst.
Oral Presentation: Douglas D. Dumhart, Principal Management Analyst, reviewed
the staff recommendation.
Council Action: Council Member Hart, seconded by Mayor pro tem Gelff and carried
unanimously, 5-0, to approve the Co-operative Agreement with the Community
Redevelopment Agency for Deferral of Fair Share Traffic Mitigation Fees.
12 PLANNING DIRECTOR
a. APPEAL OF PLANNING COMMISSION APPROVAL DENIED, PLANNING
COMMISSION APPROVAL UPHELD FOR A 8,519 SQUARE -FOOT BUILDING
PROPOSED FOR 33375 CAMINO CAPISTRANO, ARCHITECTURAL CONTROL
01-03 (BARWICK DODGE) (410.60)
Project Description: Mr. Mark Nielson, representing CAUSE, appealed the decision
of the Planning Commission in approving Architectural Control application 01-03.
The appellant stated that the proposed building to be located at 33375 Camino
Capistrano would block existing views of the valley as seen from Camino Capistrano
and sets a precedent to allow third stories.
Written Communications: Report dated December 4, 2001, from Thomas
Tomlinson, Planning Director.
Oral Communications: Tom Tomlinson, Director of Planning, reviewed the staff
recommendation and provided a slide presentation.
Public Comments:
Dr. Lon Uso, 31302 Via Las Palmas, supported the appeal as the project varied
from city codes.
CC Minutes 8 12-4-01
-% 0 * 12/04/01
AGENDA ITEM ' 7 C
TO: George Scarborough, City Manager
FROM: Douglas D. Dumhart, Principal Management Analyst
SUBJECT: Consideration of Co-operative Agreement with the Community
Redevelopment Agency for the Deferral of Fair Share Traffic Mitigation Fees.
(Capistrano Volkswagen)
RECOMMENDATION:
By motion, approve the Co-operative Agreement with the Community Redevelopment
Agency for the Deferral of Fair Share Traffic Mitigation Fees.
SUMMARY:
In April of 2001, Community Redevelopment Agency (Agency) and their Board of Directors
approved an Owner Participation Agreement (OPA) with Miles D. Brandon, owner of
Capistrano Volkswagen. The OPA provided for $500,000 in financial assistance to be paid
back over time in an amount based on sales tax performance. On September 14, 2001,
Mr. Brandon submitted a written request to modify this agreement to provide a portion of
these funds up front.
Miles Brandon has asked that the Agency pay for Capistrano Volkswagen's Fair Share
Traffic fees, which are collected prior to permit issuance, so they can start their expansion.
In doing so, Capistrano Volkswagen has agreed to return to the Agency the first $250,000
of their $500,000 in financial assistance. The Agency can then, in turn, ask the City to
accept deferred payments on the Fair Share Traffic fees since most improvements are
developer driven and have no identified time frame. The deferred fees will flow to the City
in the same manner that OPA reimbursements would have flowed to Capistrano
Volkswagen under the original OPA.
Staff has prepared a First Amendment to the OPA on the Agency Agenda under a
separate cover. The Amendment provides for the first $250,000 of assistance to
Capistrano Volkswagen to be retained by the Agency. The Agency is requesting that the
City defer a collection of these fees. Staff has prepared a Co-operative Agreement
between the City and Agency to provide for the payment of these fees overtime. The Co-
operative Agreement is provided as Attachment 1 to this agenda report.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
N/A
FOR CIN COUNCIL AGENDAS ff`L5
Agenda Item -2- December 4, 2001
Co-operative Agreement
FINANCIAL CONSIDERATIONS:
Many of the traffic circulation improvements identified in Capistrano Volkswagen's traffic
study are percentage participation. The actual improvements themselves are triggered for
construction by other developments and, projects that are targeted for initiation by the City
fall beyond the 7 year CIP budget horizon. A list of the projects that Volkswagen must
contribute to can be found in Exhibit A of Attachment 1. These fair share traffic mitigation
fees are collected prior to building permit issuance. The Agency should recover payment
of these fees from Capistrano Volkswagen prior to most of these improvements being
made. Thus deferring payment of these fees should not hinder the ability to complete
them.
NOTIFICATION:
Miles D. Brandon
ALTERNATE ACTIONS:
By motion, approve the Co-operative Agreement with the Community
Redevelopment Agency for the deferral of Fair Share Traffic Mitigation Fees.
2. By motion, approve the Co-operative Agreement with the Community
Redevelopment Agency for the deferral of Fair Share Traffic Mitigation Fees subject
to modification.
By motion, deny the Co-operative Agreement with the Community Redevelopment
Agency for the deferral of Fair Share Traffic Mitigation Fees.
RECOMMENDATION:
By motion, approve the Co-operative Agreement with the Community Redevelopment
Agency for the Deferral of Fair Share Traffic Mitigation Fees.
Zecttully 0ittxwt-
Douglas D. Du�vmhartv(//
Principal Management Analyst
Attachments: 1. Co-operative Agreement
C:\AGENDAS\2001\12-04 Cty Coopagrmnt.wpd
MEMORANDUM
TO: Memo to File
FROM: Maria Guevara
DATE: December 11, 2001
SUBJECT: Capistrano Volkswagen Fair Share Traffic Mitigation Fees
Relevant files:
600.30
Cooperative Agreement 2001
COMMUNITY REDEVELOPMENT AGENCY
Fair Share Traffic Mitigation Fees
600.40
Cooperative Agreement 2001
SAN JUAN CAPISTRANO, CITY OF
Fair Share Traffic Mitigation Fees
600.40
Owner Participation Agreement 2001
BRANDON, MILES D.
Capistrano Volkswagen Improvements