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08-1216_CRA_Minutes_Regular MeetingMINUTES DECEMBER 16, 2008 SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING CLOSED SESSION: None Chairman Hribar called the Regular Meeting of the Community Redevelopment Agency Board of Directors to order at 8:50 p.m. BOARD MEMBERS PRESENT: Sam Allevato, Mark Nielsen, Dr. Londres Uso, Laura Freese, and Chairman Tom Hribar BOARD MEMBERS ABSENT: None CONSENT CALENDAR Board Action: Moved by Director Uso, seconded by Director Nielsen, and carried unanimously, to approve items 1 through 4 and 6 as recommended by staff. 1. COMMUNITY REDEVELOPMENT AGENCY MINUTES APPROVED: -- REGULAR MEETING OF DECEMBER 2, 2008 2. ACCOUNTS PAYABLE WARRANTS DATED DECEMBER 4, 2008 IN THE TOTAL AMOUNT OF $35,710.20 RECEIVED AND FILED (330.30) 3. REPORT OF INVESTMENTS — MONTH ENDING OCTOBER 31, 2008, RECEIVED AND FILED (350.30) 4. CASH BALANCES BY FUND — OCTOBER 31, 2008 RECEIVED AND FILED (330.50) 5. RESOLUTION NO. CRA 08-12-16-01: APPROVING THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FISCAL YEAR 2007-2008 (330.50) Cynthia L. Russell, Assistant City Manager and Community Redevelopment Agency Treasurer, responded to questions. 12-16-2008 Board Action: Moved by Chairman Hribar, seconded by Director Uso, and carried unanimously to adopt Resolution No. CRA 09-12-16-01 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY APPROVING THE ANNUAL REPORT FOR FISCAL YEAR 2007-200$." 6. SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY ANNUAL FINANCIAL AND COMPLIANCE REPORT, STATE CONTROLLER'S REPORT OF FINANCIAL TRANSACTIONS AND HOUSING ACTIVITIES REPORT FOR FISCAL YEAR 2007-2008 — RECEIVED AND FILED (330.80) PUBLIC HEARINGS: None BOARD ACTIONS: D1. OWNER PARTICIPATION AGREEMENT APPROVED AS AMENDED: REDEVELOPMENT ASSISTANCE TO PASEO DE VERDUGO PROJECT (26755 VERDUGO, LLC) — CITY COUNCIL PRIORITY NO 19A (600.40) Douglas Dumhart, Economic Development Manager, summarized the agenda report and responded to questions. He made several revisions and clarifications to the proposed agreement — Attachment No. 7, Section 2. Definitions. Public Comments: ■ Eric Altman, Applicant, expressed concern that proposed changes in the agreement due to bank loans, partnerships, and anticipated costs. Timing of construction is at least 6 months in the future. Board Comments: ■ In case of sale, Agency should paid back with a sharing of profit based on 25%175% partnership ■ Need for downtown revitalizing • Need to protect the citizen's investment • Changes requested are minor Board Action: Moved by Director Nielsen, seconded by Director Uso, and carried unanimously to approve the Owner Participation Agreement providing Community Redevelopment Agency assistance to the Paseo de Verdugo project in the form of a loan, including amendments to Exhibit A to Attachment No. 7 — Distribution of Agency Participation Payment, Refinance Proceeds and Sale Proceeds to read, ".....Third, the greater ....... at the time of closing. Any r maiRder is-, nlio+ribute l F.hO% +n_AgeRey anrl_5004 to PaFtiGipant Fourth to the rcn�an-rcrca--ra--ar�n�srcrcca�r�rv�--ccJ�.��- and .�. .... �..,.p....... Agency up to the Principal Amount plus accrued simple interest at the rate of 2.0% until the time of sale closing Any remainder is distributed 25% to Agency and 75% to Participant" subject to Special Counsel approval. 12-16-2008 ADJOURNMENT There being no further business, Chairman Hribar adjourned the meeting at 9:42 p.m. to Tuesday, January 6, 2009 at 5:30 p.m. for Closed Session, and 6:30 p.m. for the public Business Session in the City Council Chamber. Respectfully submitt, R. MONAHAN, AGENCY SECRETARY : January 20, 2009 ATTEST: THOMAS W. HRIBAR, CHAIRMAN 3 12-16-2008