10-1019_CRA_Minutes_Regular MeetingMINUTES
October 19, 2010
U SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
REGULAR MEETING
CLOSED SESSION (610.85): None
RECESS UNTIL 6:30 P.M.
Chair Freese called the Regular Meeting of the Community Redevelopment Agency
Board of Directors to order at 11:30 p.m.
DIRECTORS PRESENT: Tom Hribar, Dr. Londres Uso, Mark Nielsen,
Vice -Chairman Sam Allevato and Chair Laura Freese.
DIRECTORS ABSENT: None
Agenda items are presented in the originally agendized format for the benefit of the
minutes' reader, but were not necessarily heard in that order.
CONSENT CALENDAR
L Board Action: Moved by Director Hribar, seconded by Director Uso and carried
unanimously to approve items 1 through 3 as recommended by staff.
1. COMMUNITY REDEVELOPMENT AGENCY MINUTES — REGULAR MEETING
OF OCTOBER 5, 2010, APPROVED
2. ACCOUNTS PAYABLE WARRANTS DATED SEPTEMBER 14, 2010, IN THE
TOTAL AMOUNT OF $23,147.51, RECEIVED AND FILED (300.30)
3. REPORT OF INVESTMENTS DATED JULY AND AUGUST 2010, RECEIVED
AND FILED (350.30)
4. REIMBURSEMENT TO UNION BANK IN THE AMOUNT OF $21,215.56 FOR
CAPITAL IMPROVEMENT PROJECT NO. 09913, APPROVED; AND STAFF
AUTHORIZED TO DESIGN AND CONSTRUCT A SIMILAR PROJECT AT THE
NORTHEAST CORNER OF DEL OBISPO STREET AND CAMINO
CAPISTRANO FOR $110,000 (470.50)
Nasser Abbaszadeh, Public Works Director, and Cindy Russell, Chief Financial
Officer/Treasurer, responded to questions.
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Directors Comments:
• Concern with approving a similar project at the northeast corner of
Del Obispo Street and Camino Capistrano without any plans or drawings
presented for review.
Board Action: Moved by Director Nielsen, seconded by
Director Hribar, and carried unanimously to approve a payment of $21,215.56 to
Union Bank from Capital Improvement Project No. 09913; and staff authorized to
design and construct a similar project at the northeast corner of Del Obispo
Street and Camino Capistrano for $110,000, with the understanding that there
will not be additional costs or reimbursements.
PUBLIC HEARINGS: None
BOARD ACTIONS:
1. CRA RESOLUTION 10-10-19-01 ADOPTED APPROVING THE AGREEMENT
REGARDING OPERATING COVENANT AND RESTRICTIVE COVENANTS
WITH TUTTLE-CLICK AUTOMOTIVE GROUP (TCAG, INC.) FOR THE
OPERATION OF THE CAPISTRANO FORD FRANCHISE AT THE VACANT
DEALERSHIP LOCATED AT 33375 & 33235 CAMINO CAPISTRANO; AND
AGENCY SECRETARY DIRECTED TO FILE THE NOTICE OF EXEMPTION IN
ACCORDANCE WITH PROVISIONS OF CEQA GUIDELINES 15062 (600.40)
Cindy Russell, Chief Financial Officer/Treasurer, provided a staff report and
responded to questions.
Public Comments:
• Chris Cotter, Tuttle -Click Automotive Group, stated that they have also
secured the Lincoln/Mercury Franchise, and are looking into adding a body
shop in San Juan Capistrano, and thanked the Redevelopment Agency
Board of Directors for their support.
Directors Comments:
• Supported Tuttle -Click coming in and taking over the Ford Dealership, but
felt that the Redevelopment Agency is providing too much money, and will
set a precedent for future dealerships.
• Supported the agreement, felt that it will help other dealerships, increase
sales tax, and help save around 100 jobs.
• Look forward to Tuttle -Click being part of the City and for them to participate
by sponsoring City events.
• Felt that it is a unique situation, but felt that it is the job of the
Redevelopment Agency to remove blight and present something that will
benefit the City.
10-19-2010
• Felt that Tuttle -Click is a strong, stable group, which will purchase two vacant
blighted lots, will allow the expansion of the Toyota dealership, will help
strengthen the existing dealerships in town; and felt that the 27 year
operating covenant provides security as well as the $17 million in revenue,
" and keeping 100 jobs.
Board Action: Moved by Director Uso, seconded by
Vice Chair Allevato, and carried 4-1 with Director Uso opposed to adopt CRA
RESOLUTION 10-10-19-01 entitled "A RESOLUTION OF THE SAN JUAN
CAPISTRANO 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"; including that on-line/internet sales
are to be moved to San Juan Capistrano (relative only to Ford and Lincoln sales
that are delivered to San Juan Capistrano).
ROLL CALL:
AYES: DIRECTORS:
Allevato, Nielsen, Hribar and Chair Freese
NOES: DIRECTORS:
Uso
ABSENT: DIRECTORS:
None
2. LICENSE AGREEMENT FOR USE OF THE JOEL CONGDON HOUSE BY THE
ECOLOGY CENTER, APPROVED (600.30)
Public Correspondence:
-- Jim Reardon, City resident, submitted an e-mail dated October 10, 2010,
urging the City Council not to renew the License Agreement.
Teri Delcamp, Historic Preservation Manager, provided a staff report and
responded to questions.
Public Comments:
• Ken Friess, The Ecology Center Board of Directors, provided a brief history
of the property; spoke regarding the benefits of The Ecology Center to the
community; and asked that the City Council continue the License Agreement
and reconsider the monthly rate amount for the last two years of agreement.
• Kate Roberts, The Ecology Center Board of Directors, felt that The Ecology
Center is a great fit for the location; understood that the City needs to be
consistent on how they treat the non-profit organizations in the City;
and asked for a re -consideration of the monthly rate amount for the
last two years of the agreement.
• Harry Helling, The Ecology Center Board of Directors, spoke regarding
accomplishments made by The Ecology Center; and asked for the
continuation of the License Agreement and to reconsider the monthly rate
amount for the last two years of the agreement.
y
10-19-2010
• Evan Marks, Executive Director of The Ecology Center, spoke regarding the
educational benefits provided to the community, and the improvements
made to the property; and asked for the continuation of the
License Agreement and to reconsider the monthly rate amount for the last
two years of the agreement.
Directors Comments:
• Felt that The Ecology Center maintains the property very well, and is an
excellent use for the location, but concern with treating other non-profit
organizations differently by having them pay fair market rate; and felt that the
City Council should revisit the License Agreement with CREER.
• Felt that the City has many non-profit organizations that provide different
services to the community, but The Ecology Center is different in the sense
that they have made improvements to the property, therefore, an offset to the
rent should be applicable; and should look into bringing back to the
City Council a policy that addresses how to deal with public properties and
non-profit organizations, and look into other considerations such as the
benefit to the community rather than just using "fair market rate".
• Expressed support for The Ecology Center's educational conservation
efforts, but felt that it would be fair to revisit the agreement with CREER; and
not in favor in reducing the monthly rate at this time.
• Felt that it was unfair to compare the License Agreements between The
Ecology Center and CREER; felt that improvements made to the property by
The Ecology Centers, and storage of furniture in the property should offset
the monthly rate.
• Important to have defined polices that provide guidance in how to deal with
City owned properties; preference in helping out new non-profit organizations
that provide community benefit at the beginning, but at some point they need
to start paying for itself.
Board Motion: Moved by Director Nielsen, seconded by Chair Freese and
motion failed 2-3 with Council Member Allevato, Council Member Hribar, and
Mayor Uso opposed to approve a License Agreement with The Ecology Center
for the use of the Joel Congdon House and surrounding grounds at 32701 Alipaz
Street for a five year term at a rate of $100 per month during the first year, $200
per month during the second year, $300 per month during the third year, $500
per month during the fourth year, and $750 per month during the fifth year.
ROLL CALL:
AYES: DIRECTORS: Nielsen, and Chair Freese
NOES: DIRECTORS: Hribar, Uso and Vice -Chair Allevato
ABSENT: DIRECTORS: None
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10-19-2010
Board Action: Moved by Vice Chair Allevato, seconded by
Director Nielsen and carried 4-1 with Chair Freese opposed to approve a
L.License Agreement with The Ecology Center for the use of the
Joel Congdon House and surrounding grounds at 32701 Alipaz Street for a five
year term at a rate of $100 per month during the first year, $200 per month
during the second year, $300 per month during the third year, $1,000 per month
during the fourth year, and $1,000 per month during the fifth year.
ROLL CALL:
AYES: DIRECTORS: Hribar, Nielsen, Uso, and Vice Chair Allevato
NOES: DIRECTORS: Chair Freese
ABSENT: DIRECTORS: None
ADJOURNMENT:
There being no further business, Chair Freese adjourned the meeting at 12:02 a.m. to
Wednesday, October 20, 2010, at 5:00 p.m. for a Joint City CounciUCommunity
Redevelopment Agency Workshop (Long Term Vision/Strategic Plan); and then to
Tuesday, November 2, 2010, at 3:00 p.m. for a Joint City Council/Community
Redevelopment Agency/Planning Commission Workshop (Historic Town Center Master
Plan); and then to Tuesday, November 2, 2010, at 7:00 p.m. for a public Business
Session, following Closed Session, in the City Council Chamber.
Approved: November 2, 2010
ATTEST:
LAURA FREESE, CHAT
10-19-2010