SAN JUAN CAPISTRANO, CITY OF (4)0 0
City/Agency Co-operative Agreement
for
Capistrano Volkswagen Fair Share Traffic Mitigation Fees
F -L-- o n
This Agreement is entered into this day o U"y 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:
2�1 A .(,l A0
Monahan, City Clerk
City of San Juan Capistrano:
121 wymor, M14011
•
0
Co-operative Agreement
Capistrano Volkswagen Fair Share Traffic Mitigation Fees
Attest:
�G
r aret M. Monahan, Secretary
Approved as to Form:
John Shaw, City Attorney
C:\AGENDAS\2001\Coopagrrnnt.wpd
1]
Pg. 2
0
San Juan Capistrano
Community
A� 6, 2001
NOTIFICATION OF ACTION BY THE
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
On December 4, 2001 the San Juan Capistrano Community Redevelopment Agency
met regarding:
"Consideration of Co-operative Agreement with the City for the Deferral of Fair
Share Traffic Mitigation Fees. (Capistrano Volkswagen)" Item No. (C2)
The following action was taken at the meeting:
Co-operative Agreement with the City for deferral of Fair Share Traffic Mitigation
Fees approved.
The following documents are in the process of being executed.
Co-operative agreement
If you have any questions regarding this action, please contact Douglas D. Dumhart,
Principal Management Analyst at 443-6316 for more detailed information.
Thank you,
han. CMC
ency
Cc: Douglas D. Dumhart, Principal Management Analyst
32400 Vasco Adclanto
San Juan Capistrano
California 92675
San Juan Capistrano
Community
Redevelopment
Agency
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY
The Board of Directors of San Juan Capistrano Community Redevelopment Agency 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 City for the Deferral of Fair
Share Traffic Mitigation Fees. (Capistrano Volkswagen)" — Item No. C2
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 Board of
Directors through correspondence addressed to the Board and/or by attending the
meeting and speaking to the Board 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 Board 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 Chairman
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 for your interest,
Me Mon han, CMC
City ler
cc: Miles D. Brandon, Capistrano Volkswagen; Douglas D. Dumhart, Principal
Management Analyst
Received staff report
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714 - 493-1171
Mr. Brandon submitted a written request to modify this Agreement to provide the
first $250,000 of those funds up front. The First Amendment has the Agency paying
for Capistrano Volkswagens Traffic Mitigation fees in exchange for receiving the first
$250,000 in financial assistance due to Mr. Brandon.
Written Communications: Report dated December 4, 2001 prepared by Douglas D.
Dumhart, Principal Management Analyst
Oral Presentation: Douglas D. Dumhart, Principal Management Analyst, reviewed
the staff recommendation.
Board Action: Moved by Vice Chairman Hart, seconded by Director Gelff and
carried unanimously, 5-0, to approve First Amendment to the Owner Participation
Agreement with Miles D. Brandon and authorize the Chairman to execute the
required documents.
C2. GO -OPERATIVE AGREEMENT WITH THE CITY FOR THE DEFERRAL OF FAIR
SHARE TRAFFIC MITIGATION FEES APPROVED (CAPISTRANO
VOLKSWAGEN) (600.40)
N
Proposed 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 Communications: Reportdated December4, 2001 prepared by Douglas D.
Dumhart, Principal Management Analyst.
Oral Presentation: Douglas D. Dumhart, Principal Management Analyst, reviewed
the staff recommendation.
Board Action: Moved by Vice Chairman Hart, seconded by Chairman Bathgate and
carried unanimously, 5-0, to approve the Co-operative Agreement between the
Community Redevelopment Agency and the City for the deferral of Fair Share
Traffic Mitigation Fees.
ADJOURNMENT
There being no further business, Chairman Campbell adjourned the meeting at 7:38 p.m.
to Tuesday, December 18, 2001 in the City Council Chamber.
CRA Minutes 3 12-04-01
0 0
12/04/01 CRA
COMMUNITY REDEVELOPMENT AGENCY
AGENDA ITEM
TO: George Scarborough, Executive Director
FROM: Douglas D. Dumhart, Principal Management Analyst
SUBJECT: Consideration of Co-operative Agreement with the City for the Deferral of
Fair Share Traffic Mitigation Fees. (Capistrano Volkswagen)
By motion, approve the Co-operative Agreement with the City forthe Deferral of Fair Share
Traffic Mitigation Fees.
SUMMARY:
In April of 2001, the Community Redevelopment Agency 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 Community Redevelopment Agency (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:
1►U_1
FOR CITY COUNCIL AGENDA
y
Community Redevelopment Agency: -2-
Co-operative Agreement
FINANCIAL CONSIDERATIONS:
December 4, 2001
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 City forthe Deferral of Fair
Share Traffic Mitigation Fees.
2. By motion, approve the Co-operative Agreement with the City forthe Deferral of Fair
Share Traffic Mitigation Fees subject to modification.
By motion, deny the Co-operative Agreement with the City for the Deferral of Fair
Share Traffic Mitigation Fees.
RECOMMENDATION:
By motion, approve the Co-operative Agreement with the City for the Deferral of Fair Share
Traffic Mitigation Fees.
aecttully sub�tzmwakle/—
Do
K
ugDumhart
Principal Management Analyst
Attachments: 1. Co-operative Agreement
C:\AGENDAS\2001\12-04 CRA 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