11-1206_JUANENO BAND OF MISSION INDIANS_Agenda Report_D154/16/2013
g a
D15
City of San Juan Capistrano
Agenda ort
TO: Karen P. Brust, City an
FROM: Cynthia Alexander, ActinCommunity Services Director�,s[t aW"
DATE: April 16, 2013 1TC
SUBJECT: Consideration of an Amendment Extending the License Agreement for
Use of a Portion of the Lacouague Building at 31411 La Matanza Street
(Juaneno Band of Mission Indians)
By motion, approve an Amendment Extending the License Agreement until June 30,
2014, with the Juaneno Band of Mission Indians for the use of a portion of the
Lacouague Building (Room 3) for an amount of $992 per month (Attachment 1).
EXECUTIVE SUMMARY:
Staff met with representatives of the Juaneno Band of Mission Indians and is now
recommending the current monthly fee of $992 per month be continued until June 30,
2014, for the portion of the Lacouague Building (Room 3).
DISCUSSION/ANALYSIS:
City staff met with members of the Juaneno Band of Mission Indians Tribal Council.
The Juaneno Band of Mission Indians requested a license fee of $992 per month until
December 2013; and also requested the City forego the RFP process and extend the
license agreement for the Lacouague Building Room 3 to the Juaneno Band of Mission
Indians for three (3) years. However, the City staff is recommending the current $992
per month license fee be continued until June 30, 2014, and will return to the City
Council with a recommendation regarding the Old Fire Station facility prior to the
expiration of the proposed amendment extending the License Agreement.
FISCAL IMPACT:
The City's General Fund Budget for Fiscal Years 2012-2013 and 2013-2014 includes
the $992 per month, or $11,904 annually from this License Agreement under the current
terms of the License Agreement.
City Council Agenda Report
April 16, 2013
Page 2 of 2
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
On April 6, 2013, the City Council was presented with the Amended License Agreement
with the Juaneno Band of Mission Indians (Attachment 2).
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On February 25, 2013, the Parks, Recreation, and Senior Services Commission
approved to recommend to the City Council an Amendment until December 6, 2013 to
the License Agreement with the Juaneno Band of Mission Indians for the use of a
portion of the Lacouague Building (Room 3) at the current amount of $992.
NOTIFICATION:
Theresa Romero, Chairwoman
Juaneno Band of Mission Indians
ATTACHMENT(S):
Attachment 1 - Amendment to the License Agreement
Attachment 2 - Agenda Report for Amended License Agreement Juaneno Band of
Mission Indians
AMENDMENT TO
LICENSE AGREEMENT
THIS FIRST AMENDMENT TO THE LICENSE AGREEMENT between the CITY OF
SAN JUAN CAPISTRANO ("City") and Juaneho Band of Mission Indians, is made and
entered into, to be effective the 16M day of April, 2013, as follows:
RECITALS
WHEREAS, the City and Juaneflo Band of Mission Indians have entered into a
License Agreement dated December 6, 2011, to utilize a portion of the Lacouague Building
for administrative purposes (Room 3); and
WHEREAS, the City and Juaneho Band of Mission Indians desire to amend the terms
of the License Agreement as to reflect the granting of the extension as provided hereunder.
AMENDMENT
WHEREAS, the City and Juane6o Band of Mission Indians exercise the right to extend
a one-year period per Section 3 from the December 6, 2011, License Agreement:
The term of this License Agreement will be until June 30, 2014, from the effective date
of this Agreement.
1. The parties herby agree to the extension until June 30, 2014, as provided by the
License Agreement.
2. The Licensee shall reimburse the City in the total amount of nine hundred and
ninety two dollars ($992) per month.
3. All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
AN
City Attorney
CITY OF SAN JUAN CAPISTRANO
By:
John Taylor, Mayor
Juanefio Band of Mission Indians
By:
Theresa Romero,
Juaneho Band of Mission Indians
1 ATTACHMENT 1
City of San Juan Capistrano
Age
TO: Karen P. Brust, City +Y41
FROM: Cynthia Alexander, Accor
DATE: April 2, 2013
yes Director
4/2/2013
D11
SUBJECT: Consideration of an Amendment to the License Agreement for Use
of a Portion of the Lacouague Building at 31411 La Matanza Street
(Juanefio Band of Mission Indians)
RECOMMENDATION:
By motion, approve an Amendment extending the License Agreement until
December 6, 2013, with the Juanefio Band of Mission Indians for the use of a portion of
the Lacouague Building (Room 3) for an amount of $1,005 per month.
EXECUTIVE SUMMARY:
The Juanetio Band of Mission Indians submitted their letter of request (Attachment 1) to
extend the License Agreement for the use of a portion of the Lacouague Building (Room
3). The 2011 License Agreement (Attachment 2) expired on December 6, 2012, at a
rate of $992 per month. Amendment (Attachment 3) would continue the License
Agreement at a rate of $1,005 per month and terminate on December 6, 2013.
However, similar to the 2011 License Agreement this amount does not fully cover the
City's costs related to Room 3.
If the License Agreement Is not extended, the City would lose the existing $992 of
revenue per month until another tenant is found, or an alternate use identified for the
facility. Additionally, staff expects there will be costs due to normal wear and tear that
would be incurred to prepare the facility for a new tenant or use. The Amendment would
provide for a portion of the costs to be offset while the City Identifies alternatives for the
future.
DISCUSSION/ANALYSIS:
The Juaneflo Band of Mission Indians has been in good standing as a licensee with the
City of San Juan Capistrano since the year 2000. The Juaneiio Band of Mission Indians
utilizes a portion of the Lacouague Building and the primary focus of this organization
Attachment 2
City Council Agenda Report
April 2, 2013
Page 2 of 3
Includes tribal business, support for tribal members, educating the public and providing
outreaches to the tribal and non tribal community.
The Lacouague Building Is part of the Old Fire Station Recreation Complex acquired
from the County of Orange in 1994, at below .market value. One of the deed restrictions
on the facility is that it be used to provide a community services center for and on behalf
of the citizens of Orange County. Therefore, the City identifies its total cost for the Old
Fire Station Recreation Complex each year, and allocates a portion of the cost to each
building at the facility to be recovered from program revenues, and/or user and license
fees.
The current maintenance and operations cost allocated to the Lacouague Building is
$49,413. Of that amount, $18,263 is allocated to Room 3, resulting in a monthly cost to
be reimbursed of $1,525 (Attachment 4). The Juaneflo Band of Mission Indians is
currently paying $992 per month. The Juanefio Band of Mission Indians has indicated
they could increase the fee to $1,005 per month adding a 1% increase in covering the
total operation cost. The $1,005 per month will cover the City's cost of operation and
maintenance of Room 3, leaving a $520 per month cost for depreciation (non-cash) and
annual payment to the County to be paid by the City.
In order to work toward recovering the monthly operational cost 'for the building, a
Request for Proposal will be sent out in August 2013 to determine whether or not there
are other eligible groups that would fulfill the deed restrictions stipulated by the County
of Orange and that can pay a license fee that covers all costs. The current tenant will be
the first to be considered; however, if the full monthly cost cannot be met at the term of
the Amended License Agreement other proposals will be brought to the City Council for
consideration.
FISCAL IMPACT:
The City's General Fund Budget for Fiscal Years 20122013 and 2013-2014 includes
$11,904 annually from this License Agreement as well as the cost of $18,263, under the
current terms of the License Agreement.
If the License Agreement is not extended, the City would lose the existing $992 of.
revenue per month until another tenant was found, or an alternate use Identified for the
facility. Additionally, staff expects there will be costs due to normal wear and tear that
would be incurred to prepare the facility for a new tenant. The Amendment would
provide for a portion of the costs to be offset while the City Identifies alternatives for the
future.
ENVIRONMENTAL IMPACT.
Not applicable. .
City Council Agenda Report
April 2, 2013
Page 3 of 3
On December 11, 2011, the City Council approved the License Agreement with the
Juanerio Band of Mission Indians.
COMMISSIONICOMMITTEEIBOARD REVIEW AND RECO BII MENDATIONS:
On February 25, 2013, the Parks, Recreation, and Senior Services Commission
approved to recommend to the City Council an Amendment until December 6, 2013, to
the License Agreement with the Juaneflo Band of Mission Indians for the use of a
portion of the Lacouague Building (Room 3).
NOTIFICATION:
Theresa Romero, JuanePio Band of Mission Indians
Chairwoman
Attachment 1— Letter of Request from the JuanefSo Band of Mission Indians
Attachment 2 — 2011 License Agreement
Attachment 3 — Amendment to the License Agreement
Attachment 4 — Facility Lease Fee Matrix
February 8. 2018
Mrs. Cynthia Aloccander
Community Sorveles Director
San Jens Capistrano, CA 08076
Doter Cynthia,
On January low, 8018, history wan made for the Juatmno Band of Mission Indiana,
Aejacbamen Nation, an tire first all-womm Tribal Council wan elected. The governing
leaders atm as follows:
Teresa M. Romero - Chairwoman
Jacque S. Tnbuka-Nufiez - Vice Chnirwoman
Kim OBvares Leone - Seaeatsry/Pronsurer
Heidi Harper -Perez -Member at Large
Ruthic Ann "Cookie" Stoffel -Member at Large
As we continue oar efforts for Federal Remgnitioh, planet accept Ude letter, with die
anclosud 2018 Mention Certification, as our official notification to the change of our Tribal
Government. Please direct all eorrespandence to my attention or oar Vice Chairwomen,
Jacque S. Tahuha-Nufiez
In addition, thin in our formal requoet to none%% our License Agreement with the City of
Ben Juan Capistrano for the Old Fut Station, Room de. We are formally requesting to
negotiate a minimal number of changes that we believe will be amenable to the City.
Plena contact me at you earliest conveince in act an appointment to moat with my now
Tribal Council. Thank you for your time and we look forward to bowing Ram you in the
non, future.
Out Palace-
TorosC�j
Chairwoman
dnonano Band of Misalon Indians, AcjocLemen Notion
Enclosures: 2018 Bloction Certification
Certificate of Liability Insurance G Bndonwriumi.
Proof of California Non -Profit Status
Perfmmanca Report with financials
Mahaarum �usngalum Pomgiiun Yo't Mi3rx
"Five Strong Women"
Attachment 1
C
c
7.
J
Eection Certification
January 19, 2013
Election Committee
Lydia Gulley
Wick Lobo, Chairman
Beverly Mina
Adolph Olivares
Sue Rivera
,doe Romero
Richard Vaughn
Juaneno Band of Mission Indians
Acjachemen Nation
31411•A La Matanza Street
San Juan Capistrano, CA 92675
(949) 4BB-3484
E