Resolution Number CRA 10-10-19-01CRA RESOLUTION NO. 10-10-19.01
A RESOLUTION OF THE SAN .JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY APPROVING AN AGREEMENT
REGARDING OPERATING COVENANT AND RESTRICTIVE
COVENANTS BETWEEN THE AGENCY AND TCAG, INC. AND MAKING
CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH
WHEREAS, the San Juan Capistrano Community Redevelopment Agency
("Agency") is a community redevelopment agency duly organized and existing under the
California Community Redevelopment Law, Health and Safety Code Section 33000, et
seq. ("CRL"), and has been authorized to transact business and exercise the power of a
redevelopment agency pursuant to action of the City Council ("City Council") of the City
of San Juan Capistrano ("City"); and
WHEREAS, the existing Redevelopment Plan (the "Redevelopment Plan") and
the boundaries of the Redevelopment Plan (the "Project Area") were duly established by
ordinances of the City Council; and
WHEREAS, Agency is vested with the power to implement the Redevelopment
Plan and to carry out its goals and objectives of the San Juan Capistrano Community
Redevelopment Agency, including without limitation the goals and objectives adopted
by the Agency's implementation plan (the "Implementation Plan") pursuant to the CRL;
and
WHEREAS, the Agency is authorized and empowered by the CRL to enter into
agreements for the acquisition, of real or personal property, to receive consideration for
the provision by the Agency of redevelopment assistance and to male and execute
contracts and other instruments necessary or convenient to the exercise of its powers;
and
WHEREAS, TCAG, Inc. ("TCAG") is a California corporation duly organized
under the laws of the State of California and experienced in the operation of new car
dealerships; and
WHEREAS, Agency desires to enter into that certain Agreement Regarding
Operating Covenant and Restrictive Covenants ("Agreement") with TCAG relating to the
operation of a Ford dealership ("Capistrano Ford") on that certain real property (the
"Site") shown on the Site Map attached hereto as Exhibit A and incorporated herein;
and
WHEREAS, the Agency has adopted the Implementation Plan pursuant to CRL
Section 33490, which sets forth the objective of eliminating blighting conditions including
impaired investments with specific emphasis on the blighting conditions resulting from
the significant downturn in the automotive industry; and
1 10-19-2010
WHEREAS, by providing for the operation of Capistrano Ford on the Site, the
Agreement .will assist the Agency in meeting the development policies and objectives
set forth in the Redevelopment Plan and Implementation Plan, specifically the goal of
reducing blighting economic conditions by encouraging new investment in the
community through facilitating the use of underutilized and vacant buildings; and
WHEREAS, pursuant to the CRL, the Agency is authorized to acquire the
"Covenants" as defined in the Agreement; and
WHEREAS, on October 19, 2010, the Agency held a duly noticed hearing on the
proposed Agreement, at which time the Agency reviewed and evaluated all of the
information, testimony, and evidence presented during the hearing; and
WHEREAS, all actions required by all applicable law with respect to the
proposed Agreement have been taken in an appropriate and timely manner;, and
WHEREAS, the City Council has previously determined, in its adoption of the
ordinance approving the Redevelopment Plan, that the Site was blighted; and
WHEREAS, the Agreement will assist in the elimination of blight by providing for .
the operation of Capistrano Ford on the Site; and
WHEREAS, the Agreement will not result in physical impacts to the environment
as it seeks to induce the continued operation of property for automobile sales and
service, which has been the historical use of the property, and is otherwise exempt from
the California Environmental Quality Act pursuant to CEQA Guideline 15060(c)(2) and
15061(b)(3) as the Agreement will not cause a significant effect on the environment, or
is otherwise exempt under CEQA Guideline 15301 Class 1 (Operation, repair,
maintenance, or minor alteration of existing structures), 15302 (replacement or
reconstruction of existing structures or facilities), and/or 15304 (minor alteration to land);
and
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the operation of Capistrano Ford on the Site is in
the best interests of the City of San Juan Capistrano and the health, safety, and welfare
of its residents, and in accord with the public purposes and provisions of applicable
state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED by the San Juan Capistrano Community
Redevelopment Agency as follows:
1. Each of the foregoing recitals is true and correct.
2. The Agency hereby finds and determines that the operation of Capistrano
Ford, pursuant to the Agreement will assist in the elimination of blight within the Project
Area by providing for the proper reuse of a portion of the Project Area, which was
previously declared blighted and encourage the redevelopment of nearby blighted
properties.
2 10-19-2010
3. The Agency hereby finds and determines that the Agreement is consistent
with the provisions and goals of the Redevelopment Plan and Implementation Plan.
4. The Agency hereby finds that the Agreement will not result in physical
impacts to the environment as it seeks to induce the continued operation of property for
automobile sales and service, which has been the historical use of the property, and is
otherwise exempt from the California Environmental Quality Act pursuant to CEQA
Guideline 15060(c)(2) and 15061(b)(3) as the Agreement will not cause a significant
effect on the environment, or is otherwise exempt under CEQA Guideline 15301 Class 1
(Operation, repair, maintenance, or minor alteration of existing structures), 15302
(replacement or reconstruction of existing structures or facilities), and/or 15304 (minor
alteration to land) and therefore the Agency Secretary is hereby authorized and directed
to file a Notice of Exemption with the County Clerk in accordance with the provisions of
CEQA Guideline 15062.
S. The Agency hereby approves the Agreement between the Agency and
TCAG, in the form of the Agreement, which has been submitted herewith.
6. The Agency Executive Director and the Agency Secretary are hereby
authorized to execute and attest the Agreement, including any related attachments, on
behalf of the Agency. Copies of the final form of the Agreement, when duly executed
and attested, shall be placed on file in the office of the City Clerk.
7. The Agency Executive Director (or his duly authorized representative) is
further authorized to implement the Agreement and take all further actions and execute
all documents referenced therein and/or necessary and appropriate to carry out the
Agreement. The Agency Executive Director (or his duly authorized representative) is
hereby authorized to the extent necessary during the implementation of the Agreement
to make technical or minor changes thereto after execution, as necessary to properly
implement and carry out the Agreement, provided the changes shall not in any manner
materially affect the rights and obligations of the Agency.
8. The Agency Secretary shall certify to the adoption of this Resolution.
3 19-19-2010
PASSED AND ADOPTED this 19th day of October, 2010.
Stradling YoccCari on & Rauth
Agency Specl I Coqhsel
SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY
— '):),-2,--
LAURA FREESE, CHAIR .
4 10-19-2010
STATE OF CALIFORNIA }
)ss
COUNTY OF ORANGE }
I, MARIA MORRIS, Secretary of the San Juan Capistrano Community
Redevelopment Agency, hereby certify that the above and foregoing Resolution was
duly and regularly adopted by the Agency at a regular meeting thereof held on the 191h
day of October, 2010, and that it was so adopted by the following vote of the Agency:
AYES: DIRECTORS: Nielsen, Hribar, Allevato, and Chair Freese
NOESMECTORS:
ECTORS: yso
ABSENT- �. None
MARIA MORR`I /agency S01\,retary
5 10-19-2010
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