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02-0402_CRA_Minutes_Regular MeetingMINUTES April 2, 2002 SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS CLOSED SESSION (610.85) - None Chairman Campbell called the Regular Meeting of the Board of Directors of the San Juan Capistrano Community Redevelopment Agency to order at 7:18 p.m. in the City Council Chamber. ROLL CALL BOARD MEMBERS PRESENT: Diane Bathgate, David M. Swerdlin, John S. Gelff, Vice Chairman Wyatt Hart and Chairman Collene Campbell BOARD MEMBERS ABSENT: None STAFF PRESENT: George Scarborough, Executive Director; John Shaw, Agency Counsel; Cynthia L. Russell, Chief Financial Officer; Thomas Tomlinson, Deputy Director; William M. Huber, Engineering and Building Director; AmyAmirani, Public Works Director; Al King, Jr., Community Services Director; Lt. Rick Stahr, Chief of Police Services; Dawn Schanderl, Deputy City Clerk and Maria Guevara, Secretary. CONSENT CALENDAR Board Action: Moved by Director Swerdlin, seconded by Director Gelff and carried unanimously, 5-0, to approve items 1 through 4 -as recommended by Staff. MINUTES FROM THE REGULAR MEETING OF MARCH 5, 2002, APPROVED AS SUBMITTED 2. CRA WARRANTS DATED MARCH 7, 2002, IN THE AMOUNT OF $35,750.94 RECEIVED AND FILED (300.30) 3. REPORT OF INVESTMENTS, MONTH ENDING FEBRUARY 28, 2002, RECEIVED AND FILED (350.30) 4. CASH BALANCES BY FUND - JANUARY 31, 2002 AND FEBRUARY 28, 2002, RECEIVED AND FILED (330.50) CRA Minutes 1 4-2-02 BOARD ACTIONS: C1. DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED HOME DEPOT FOUND TO MEET THE COMMUNITY REDEVELOPMENT AGENCY COMMITMENT TO ASSESS THE PROJECT'S ENVIRONMENTAL IMPACTS (LOWER ROSAN RANCH) (410.70) Project Description: The Board of Directors to consider the sufficiency of the Draft Environmental Impact Report in disclosing the environmental impacts for the proposed Home Depot project to be located on the Lower Rosan Ranch parcel. Written correspondence and public comments for agenda items C1, C2 and C3 are listed below: Written Communications: Report dated April 2, 2002, from Thomas Tomlinson, Deputy Director. Letter dated March 25, 2002, from Bonnie and Lewis Snyder, 26000 Aeropuerto, Space 183, San Juan Capistrano, opposing project. Letter dated March 28, 2002, from Jeff Human, 25621 Via Solis, San Juan Capistrano, opposes project. Letterdated March 30, 2002, from Wanda Middleton, 34052 Doheny Park Road 36, Capistrano Beach, opposes project. Letter dated April 1, 2002, from James A. Sorensen, 26091 Paseo Minero, San Juan Capistrano, opposes project. Letter dated April 1, 2002, from Kevin K. Johnson of Johnson & Croff LLP, 402 West Broadway, Suite 1100, San Diego, request to speak for 20 minutes on the Home Depot issue. Letterdated April 1, 2002, from Warren Watkins,1240 Madelyne Place, Santa Rosa, opposes project. Letter dated April 1, 2002, from Bobbi Decker, The No Home Depot Committee, 26000 Avenida Aeropuerto #49, San Juan Capistrano, would like to relinquish speaking time of 20 citizens to attorney, Kevin Johnson. Letter dated April 1, 2002, from Bobbi Decker, Marianna H. Handler, and Trish Hodges, The No Home Depot Committee, 26000 Avenida Aeropuerto #49, San Juan Capistrano, opposes project. CRA Minutes 2 4-2-02 Oral Presentation: William Ramsey, AICP, Principal Planner, reviewed the staff recommendation and made a brief power point presentation. Public Comments combined with public comments for items C2 and C3: Ken Steelman, Corbett & Steelman, 18200 Karman Avenue, # 200, Irvine, attorney for Home Depot, stated the site was an industrial area, the proper location for the Home Depot project and all concerns would be mitigated. He felt the Draft Environmental Impact Report met the commitment made to the City and recommended approval of staff recommendation. Beverly Robbins, 3800 W. Chapman Avenue, Orange, of Home Depot USA, made a presentation regarding the programs and benefits a Home Depot can bring to the community. Kevin Johnson, Attorney with Johnson and Cross, representing residents against Home Depot, presented a written summary of his comments for the public record. Mr. Johnson felt the Draft Environmental Impact Report was not adequate. He voiced concerns regarding traffic issues and the importance of improvements being completed by a date certain. He felt loss of businesses was equivalent to losing a part of the community. Mr. Johnson stated the environmental impact report must be complete and certified before negotiations can begin. Pat Bauer, 9 Plaza Baja del Sol, felt the agency should look at alternate uses such as an RV storage lot. Richard Hill Adams, 33532 Forster Ranch Road, suggested the city keep a rural character and did not support the Home Depot project. Joe Snyder, Mayor of Dana Point, 35228 Camino Capistrano, Dana Point, felt recreational uses for the site would be a greater benefit. Bill Campbell, 33141 Paseo Pinto, San Juan Capistrano, stated the project would replace 10-15 local businesses and impact the environment. Michael Thorpe, 26000 Ave. Aeropuerto, #42, San Juan Capistrano, opposed the project due to traffic concerns and the survival of local businesses. Marianna Handler, 26000 Ave. Aeropuerto, #41, San Juan Capistrano, felt this was not the appropriate location for a Home Depot and requested the Agency look into alternative uses for the property. Mark Nielson, 31621 Via Quixote, San Juan Capistrano, co-chair of CAUSE, stated the Draft Environmental Impact Report was inadequate in its present form and alternative uses must be looked at. CRA Minutes 3 4-2-02 Doug Lowe, 27992 Camino Santo Domingo, San Juan Capistrano, opposed the project as he felt it would not be environmentally or financially viable in the long- term. Gil Jones, 31791 Los Rios Street, San Juan Capistrano, felt strongly that the property was in a good location for an RV storage yard. Ted Stroscher, 31882 Del Obispo, San Juan Capistrano, supported the Home Depot project and felt the project would provide jobs and bring tax dollars to the city. William Craycraft, former Mayor of Mission Viejo, 22014 Mirador, Mission Viejo, shared his personal experience during the time the City of Mission Viejo was considering a Home Depot project. He stated all concerns were mitigated properly and Home Depot has been a very good neighbor taking a lead role in supporting the community. Jack Heath, 26000 Ave. Aeropuerto, San Juan Capistrano, was concerned the project was about money and traffic and felt Home Depot was buying its way into San Juan Capistrano. He suggested looking at alternatives for the site such as an RV storage facility. Council Comments: Council Member Swerdlin would like to see more information on alternatives forthe site such as a possible RV storage lot as well as issues regarding traffic impacts. Mayor Bathgate felt that evaluating the potential benefits and constraints posed by the project was difficult and the Board needed to proceed with caution. She suggested formation of a Board ad hoc subcommittee to consider uses of potential revenue should the project be approved. If the project were approved, it should be architecturally responsive to the local community. She felt adequate information had been received and supported moving forward. Vice Chairman Gelff opposed the project due to the potential loss of local businesses, and the negative impacts of a big box store in the community. Vice Chairman Hart concurred that more information was needed and supported moving forward. Council Action: Council concurred with the staff recommendation, finding that the Draft Environmental Impact Report for the proposed Home Depot meets the Community Redevelopment Agency commitment to assess the project's environmental impacts. CRA Minutes 4 4-2-02 C2. HOME DEPOT ANALYSIS OF COMPETITIVE FISCAL EFFECT REPORT RECEIVED AND FILED (470.60) Proiect Description: Staff presented to the Board of Directors the Economic Impact Analysis Report prepared by Alfred Gobar and Associates related to the proposed Home Depot. The economic analysis was provided as background information to assist the Board in its deliberations on the potential sale of Agency property to Home Depot. Written Communication: Report dated April 2, 2002, from Mechelle Lawrence, Economic Development Manager. Oral Presentation: Mechelle Lawrence, Economic Development Manager, reviewed the staff recommendation. Public Comment: See item C1 Council Action: Council concurred with staff recommendation to receive and file the Home Depot analysis of Competitive Fiscal Effect Report. C3. HOME DEPOT AUTHORIZED TO PROCESS ENTITLEMENT AND STAFF AUTHORIZED TO NEGOTIATE PURCHASE AND SALE AGREEMENT WITH HOME DEPOT, USA, FOR PROPERTY KNOWN AS LOWER ROSAN RANCH (600.1;0) Proiect Deschr)tion: The Environmental Impact Report (EIR) for a Home Improvement Warehouse on the Lower Rosan Ranch has been completed and shared with the Agency Board of Directors. Staff believes that the EIR provides sufficient information for the Board to determine whether or not to proceed further with the proposal. Staff is requesting authorization to prepare a purchase and sale agreement and to permit Home Depot, USA, to process entitlements. Written Communication: Report dated April 2, 2002, from George Scarborough, Executive Director. Oral Presentation: Douglas Dumhart, Principal Management Analyst, reviewed the staff recommendation. Public Comment: See item C1 Board Action: Moved by Director Bathgate, seconded by Vice Chairman Hart, and carried, 4-1, to authorize Home Depot to process entitlements and to pursue obtaining additional information; authorize staff to negotiate a Purchase and Sale Agreement with Home Depot, USA, forthe property known as Lower Rosan Ranch; and, two (2) members of the Agency Board be appointed to develop CRA Minutes 5 4-2-02 recommendations for specific projects and programs to be funded by potential sale proceeds. ROLL CALL AYES: DIRECTORS: Bathgate, Swerdlin, Vice Chairman Hart and Chairman Campbell NOES: DIRECTORS: Gelff ADJOURNMENT There being no further business, Chairman Campbell adjourned the meeting at 9:35 p.m. to Tuesday, April 16, 2002, in the City Council Chamber. Respectfully submitted, R. MONAHAN, SECRETARY opted: May 7, 2002 CRA Minutes 6 4-2-02