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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: �L M rg ret M. Monahan, Secretary Appr vedas to Form: S�-- John qhaw, City Attorney C:\AGENDAS\2001\Coopagrmnt.wpd Agency: hairman Pg. 2 E 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