03-0715_CRA_Minutes_Regular MeetingMINUTES
July 15, 2003
SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS
CLOSED SESSION (610.85)
Pursuant to Government Code section 54956.9 the Agency Board of Directors
conferred with its legal counsel regarding the status of the San Juan Partners
Reimbursement and Settlement Agreement (Lot 25, Tract 103, APN 124-160-22).
Chairman Hart called the Regular Meeting of the Board of Directors of the San Juan
Capistrano Community Redevelopment Agency to order at 7:35 p.m. in the City Council
Chamber.
ROLL CALL
BOARD MEMBERS PRESENT: Diane Bathgate, David M. Swerdlin, John S. Gelff, Vice
Chairman Joe Soto and Chairman Wyatt Hart
BOARD MEMBERS ABSENT: None
STAFF PRESENT: George Scarborough, Executive Director; Pam Gibson, Interim City
Manager, John Shaw, Agency Counsel; Cynthia L. Russell, Finance Officer; Thomas
Tomlinson, Deputy Director; William M. Huber, Engineering and Building Director; Amy
Amirani, Public Works Director; Al King, Jr., Community Services Director; Lt. J.B. Davis,
Chief of Police Services; Dawn Schanderl, Deputy City Clerk and Maria Guevara,
Secretary.
CONSENT CALENDAR
Board Action: Moved by Director Bathgate, seconded by Director Gelff and carried
unanimously, 5-0, to approve items 1 through 3 as recommended by Staff.
MINUTES FROM THE REGULAR MEETING OF JUNE 17, 2003, APPROVED AS
SUBMITTED.
CRA Minutes 1 7-15-03
2. CRA WARRANTS DATED MAY 26, 2003, IN THE AMOUNT OF $258,244.90
RECEIVED AND FILED. (300.30)
3. INVESTMENT POLICY APPROVED FOR THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY FOR FISCAL YEAR 2003-2004; AND,
THE AGENCY SECRETARY DIRECTED TO FORWARD THE INVESTMENT
POLICY TO THE CALIFORNIA DEBT AND INVESTMENT ADVISORY
COMMISSION. (350.30)
PUBLIC HEARINGS:
HOME DEPOT USA: AGENCY WILL NOT TO ENTER INTO A PURCHASE AND
SALE AGREEMENT WITH HOME DEPOT FOR THE SALE OF THE LOWER
ROSAN RANCH PROPERTY; SUMMARY REPORT RECEIVED AND FILED; AND
FINAL ENVIRONMENTAL IMPACT REPORT NOT CERTIFIED. (410.20/600.10)
Project Description: Home Depot USA offered $9 million to purchase the Lower
Rosan property from the San Juan Capistrano Community Redevelopment Agency
for development of a home improvement center. Pursuant to an August 1, 2000
Memorandum of Understanding between the Agency and Home Depot, an
Environment Impact Report (EIR) was required prior to the Agency executing a
sales agreement. The Agency is to consider certifying the final project EIR.
receiving and filing the Summary'33433 Report, and to consider the Purchase and
Sale Agreement with Home Depot, USA.
Written Communications: Report dated July 15, 2003 from Thomas Tomlinson,
Deputy Director.
Letter dated July 8, 2003, from Warren Watkins, Capistrano Valley Mobile Estates,
opposing approval of the Home Depot project.
Letter dated July 11, 2003, from Ken E. Steelman, Corbett & Steelman, counsel for
Home Depot USA, Inc., noting that opening the proposed home improvement center
is contingent on completed road improvements.
Presentation: Thomas Tomlinson, Deputy Director, reviewed the staff
recommendation.
Keeton Kreitzer, Agency consultant for preparation of the final EIR, discussed the
certification process and potential use of a certified AIR for related or alternative
projects.
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Chairman Hart opened the Public Hearing.
Public Testimony:
Henry Mathison, Mission Viejo, proposed a recreational vehicle project as an
alternative to the proposed Home Depot.
The following individuals spoke in opposition to certifying the EIR or the purchase
and sale agreement: Shirley Kellogg representing the Watkins family; Lucienne
Austin, San Diego; Bobbie Decker, city resident, Chair of the No Home Depot
Committee; Trish Hodges, city resident; Jack Heath, city resident; and Pat Grinnell,
city resident.
The following individuals spoke in support of certifying the EIR orthe purchase and
sale agreement: Susan Ornsby, Dana Point; and Ken Steelman, counsel for Home
Depot. Steelman also stated that he believed the Board of Directors had
predetermined their position on the project.
Chairman Hart closed the public hearing.
Board Comments:
Chairman Hart stated that the Board of Directors of the Community Redevelopment
Agency, as a body, had not made any predetermination regarding the Home Depot
project.
George Scarborough, City Manager, reported that the Board was not required to
make findings or state reasons for rejecting the proposal from Home Depot to
purchase the property.
John Shaw, City Attorney, stated that the Memorandum of Understanding between
the Agency and Home Depot made clear that part of the process was for Home
Depot to come to the Agency Board for conceptual agreement and tied any decision
to the EIR process.
Director Gelff stated that he was opposed to the Purchase and Sale agreement.
Board Action: Moved by Director Swerdlin, seconded by Director Gelff and carried
unanimously, 5-0, to not enter into a purchase and sale agreement with Home
Depot USA for the sale of the Lower Rosan Ranch property for the development of
a proposed home improvement center.
Moved by Director Bathgate and seconded by Director Gelff and carried
unanimously, 5-0, to receive and file the Summary Report pursuant to Section
33433 of the California Redevelopment Law.
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Moved by Director Swerdlin, seconded by Vice Chairman Soto and carried 4-1 to
not certify the final environmental impact report for the Home Depot -Lower Rosan
project.
ROLL CALL
AYES: DIRECTORS: Swerdlin, Gelff Vice Chairman Soto and
Chairman Hart
NOES: DIRECTORS: Bathgate
ABSTAIN: DIRECTORS: None
BOARD ACTIONS:
D1. RESOLUTION NO. CRA03-07-15-01 ADOPTED MAKING FINDINGS OF BLIGHT
TO SUPPORT FUNDING FOR DOWNTOWN LIGHTING PROJECT. (1010.80)
Project Description: Assembly Bill (AB) 1290 requires the Agency to make findings
that bight conditions exist prior to expenditures for improvements to publicly owned
land. The City is seeking financial support from the Agency for a street lighting
project. Therefore, staff recommends making findings of blight to support funding
for the Downtown Lighting project.
Written Communications: Report dated July 15, 2003, from Douglas D. Dumhart,
Principal Management Analyst.
Presentation: Douglas D. Dumhart, Principal Management Analyst, reviewed the
staff recommendation.
Cynthia L. Russell, Finance Officer, reported that Agency's Fiscal year 2003/2004
approved budget provided for funding of the Downtown Lighting Project.
Board Action: Moved by Mayor pro tem Soto, seconded by Director Bathgate and
carried unanimously, 5-0, to adopt Resolution No. CRA 03-07-15-01 entitled "A
RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, SAN JUAN CAPISTRANO, CALIFORNIA,
APPROVING THE FUNDING OF THE DOWNTOWN LIGHTING PROJECT AND
MAKING CERTAIN FINDINGS IN CONNECTION HEREWITH."
CRA Minutes 4 7-15-03
C1. PROPOSED WEEKLY MONDAY NIGHT CLASSIC CAR SHOWS -
MEMORANDUM OF UNDERSTANDING, NO ACTION TAKEN (600.40)
Project Description: The Old Capistrano Merchants Association (OCMA), a
partnership affiliate of the San Juan Capistrano Chamber of Commerce developed
a proposal for a weekly Monday Night Classic Car Show in the historic downtown
area. Staff recommends approval of a Memorandum of Understand between the
City, the Agency, the Old Capistrano Merchants Association, and the San Juan
Capistrano Chamber of Commerce establishing organizational responsibilities for
the event.
Written Communications: Report dated July 15, 2003, Mechelle Lawrence,
Economic Development Manager.
Letter dated July 9, 2003, from Ron Cohan, owner of Zia Jewelry, opposed to the
proposed Monday Night Classic Car Show.
Presentation: Mechelle Lawrence, Economic Development Manager, reviewed the
staff recommendation.
Lt. J. B. Davis, Chief of Police, reported that Police Services had reviewed the
proposal and required that vehicle owners remain with their vehicles, vehicle
— descriptions be posed on the sidewalk -side of show vehicles, and pedestrians be
limited to sidewalk areas only.
Public Comments:
Jonathan Voltzke, representing the OCMA, stated the purpose of the event was to
encourage pedestrian movement throughout the downtown to encourage attendees
to shop and dine in the area.
Board Comments:
Agency Directors expressed concerned related to pedestrian safety, the timing of
the event during rush-hour traffic, difficulty in monitoring and insuring the safety of
children that would attend the event, and access to merchants adjacent to event
activities. Directors suggested limiting the event to various parking lots. They
encouraged an alternative proposal based on more input from local merchants and
included close event monitoring, a limit on the number of cars, and responded to
impacts on local merchants.
Board Action: No action taken, Staff to prepare a follow up report outlining
distribution plan for classic car event throughout downtown with limited impact on
merchants.
CRA Minutes 5 7-15-03
ADJOURNMENT
There being no further business, Chairman Hart adjourned the meeting at 9:15 p.m. to a
Regular meeting, Tuesday, August 5, 2003 at 5:30 p.m. for Closed Session and 7:00 p.m.
for the Public Business Session in the City Council Chamber.
Respectfully submitted,
R. MONAHAN, SECRETARY
August 19, 2003
ATTEST:
CHAIRMA AR
CRA Minutes 6 7.15-03