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09-1215_CRA_Minutes_Regular MeetingMINUTES DECEMBER 15, 2009 SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING CLOSED SESSION 610.85: None RECESS UNTIL 6:30 P.M. BUSINESS SESSION Chair Freese called the Regular Meeting of the Community Redevelopment Agency Board of Directors to order at 8:20 p.m. DIRECTORS PRESENT: Mark Nielsen, Dr, Londres Uso, Tom Hribar, 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 no necessarily heard in that order. CONSENT CALENDAR Board Action: Moved by Director Hribar, seconded by Director Nielsen, and carried unanimously 5-0 to approve items 1 and 2 as recommended by staff. 1. MINUTES OF THE REGULAR MEETING OF DECEMBER 1, 2009 - COMMUNITY REDEVELOPMENT AGENCY, APPROVED AS SUBMITTED 2. MINUTES OF THE LONG TERM VISION/STRATEGIC PLAN WORKSHOP OF NOVEMBER 4, 2009 - COMMUNITY REDEVELOPMENT AGENCY, APPROVED AS SUBMITTED. 3. RESOLUTION CRA 09-12-15-01 ADOPTED APPROVING THE ANNUAL REPORT FOR FISCAL YEAR 2008-2009" (330.50) Board Action: Moved by Director Nielsen, seconded by Director Hribar and carried unanimously 5-0 to adopt Resolution No. CRA 09-12-15-01, entitled "A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ANNUAL REPORT FOR FISCAL YEAR 2008--2009" 4. RESOLUTION CRA 09-12-15-02 ADOPTED APPROVING THE ARCHITECTURAL CONTROL 06-14 IMPROVEMENTS OVER APN 121142-01 AND 121-142-07 (LITTLE HOLLYWOOD PHASE II) (600.40) Laura Stokes, Housing Coordinator, provided a staff report and responded to questions. Council Comment: Clarification that the yearly management and maintenance cost per unit is $3,300 a year. Board Action: Moved by Director Nielsen, seconded by Director Hribar and carried unanimously 5-0 to adopt CRA Resolution No. 09-12-15-02 Adopted, entitled "A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE ARCHITECTURAL. CONTROL 06-14 IMPROVEMENTS OVER APN 121142-01 AND 121-142-07 (LITTLE HOLLYWOOD PHASE II)"; Agency Secretary directed to process for recordation the Notice of Completion; and staff authorized to release the retention on the amount of $216,443.75, 35 clays after recordation. PUBLIC HEARINGS: None BOARD ACTIONS: 1. PROFESSIONAL SERVICE AGREEMENT WITH RRM DESIGN GROUP FOR THE GENERAL PLAN AMENDMENT AND REZONE FOR "THE GROVES AT THE WILLIAMS RANCH", AND APPROPRIATION OF FUNDS, APPROVED (600.40) Douglas Dumhart, Economic Development Manager, provided a staff report, a slide presentation and responded to questions. Public Comment: ■ Timothy Palmquest, LandWorks Development Services, spoke regarding their proposal, stated that they have no budget contingencies, and responded to questions from the Board of Directors. ® David Chacon, RRM Design Group, explained the contingencies on the agreement, their firm's qualifications, and responded to questions from the Board of Directors. Board Comment: ■ Concerns with project density. ■ Preference with low density, three bedroom single family units, over parked, and commercial vehicle parking area. ■ Preference in removing the $50,000 owner design contingency from the agreement, and leave up to the Executive Director if there's a need or justification. • Preference in an agrarian, rural, equestrian character for the development. ■ Need to have some density in order to make it affordable, too many restrictions might make it unfeasible to build. ■ Need to look at impacts to creek and open space. ■ In order to get different perspectives we need to expand and have greater option of firms, and not be limited to just firms that have worked with the City. Board Action: Moved by Director Nielsen, seconded by Vice Chair Allevato and carried unanimously 5-0, to approve Professional Service Agreement with RRM Design Group for the General Plan Amendment and Rezone of a portion of APN 121-050-21, and appropriation of $402,483 from 2008 Series B Tax Allocation Bond proceeds; and removing the $50,000 owner design contingency from the agreement for a total amount of $299,985. 2. TOP THREE (3) FIRMS: FIELD PAOLINILLAGE PARTNERS, STUDIO ONE ELEVEN, AND RRM DESIGNS TO COME BACK FOR INTERVIEWS WITH THE BOARD OF DIRECTORS (600.40) Douglas Dumhart, Economic Development Manager, provided a staff report and responded to questions. Public Comment: ■ Art Cueto, Studio One Eleven, made clarifications on pricing for the Master Plan fee. Board Comment: Preference in having the top three (3) firms interviewed by the Board of Directors in an open forum. Board Action: Moved by Director Nielsen, seconded by Vice Chair Allevato and carried unanimously 5-0, to bring back the top three (3) firms (Field Paoli/Village Partners, Studio One Eleven, and RRM Designs) for interviews with the Board of Directors on January 8, 2010. 3. VERDUGO STREET BEAUTIFICATION PROJECT SHELVED UNTIL THE DOWNTOWN MASTER PLAN IS COMPLETED ( 600.40) Douglas Dumhart, Economic Development Manager, provided a staff, a slide presentation and responded to questions. Board Comment: ■ Preference in Concept C, and rework the cul-de-sac. ■ Preference in Option B, and to have a study to determine the best option for the ingresslegress. ■ Preference in shelving the project until having a clear direction on the Master Pian Circulation. Preference in not expending additional funding on traffic studies. ■ Preference in including the project as part of the Downtown Master Plan. ■ Would like to see the $21,860 to be used for painting the interior of the parking garage in a bright white color. Board Action: Moved by Director Uso, seconded by Director Nielsen and carried 3-2 with Director Hribar and Vice Chair Allevato opposed to shelve the Verdugo Street Beautification project until the Downtown Master Plan is completed. ROLL CALL: AYES: BOARD MEMBER: Uso, Nielsen, and Vice Chair Freese NOES: BOARD MEMBER: Allevato and Hribar ABSENT: BOARD MEMBER: None 4. AFFORDABLE HOUSING FUNDING AND LOAN AGREEMENT WITH HABITAT FOR HUMANITY, APPROVED; AND THE EXECUTIVE DIRECTOR. AUTHORIZED TO EXECUTE THE AGREEMENT (600.40) Chair Freese recused herself due to the proximity of the project to her residence; she turned the meeting over to Vice Chair Allevato and left the City Council Chamber. Douglas Dumhart, Economic Development Manager, provided a staff report and responded to questions. Public Comment: ■ Tony Brown, City resident, concerned with the project location; being able to find disabled veterans to occupy units; and spending additional funds for the project. Board Comment: • The project needs to be completed. ■ It will not be simple to find veterans to occupy 14 units. Board Action: Moved by Director Nielsen, seconded by Director Hribar and carried 4-0-1 with Chair Freese recused, to approve an Amendment to the First Affordable Housing Funding Loan agreement, allowing the remaining encumbrance from the Agency Loan, to be payable upon close of escrow with mortgage proceeds; and Executive Director authorized to execute a 0% interest Affordable Housing Funding and Loan Agreement with Habitat for Humanity in the amount of $2,472,165.00 subject to the following: 1) Loan to be structured in such way that the Agency will be in the position to pay off the $800,000 existing mortgage if it was necessary in a foreclosure situation. 2) The project and property is collateral, for the Agency to take back. 3) Provision stating that if project is not completed in a timely manner, the Agency does not retain the Grant or if the Agency is penalized on the Grant, then Habitat for Humanity will forfeit the $342,000 for overhead. 4) The money for the Loan is to be paid out based on milestone achievements. 5) Agreement to state the Agency is in the second position if the buyback reserve is not sufficient and Habitat for Humanity does not exercise its first right on the properties. 6) Preference (not required) to have 14 units for veterans. 7) The previous Loan Agreement issued by the Agency to Habitat for $581,954 may be amended to allow for repayment by Habitat at the time of close of escrow and mortgage proceeds. ROLL CALL: AYES: BOARD MEMBER: Uso, Nielsen, Hribar and Vice Chair Allevato NOES: BOARD MEMBER: None RECUSED: BOARD MEMBER: Freese ADJOURNMENT: There being no further business, Vice Chair Allevato adjourned the meeting at 10:16 p.rn. to Thursday, January 5, 2010 at 5:30 p.m. for Closed Session, and 6:30 p:sn:> fgr the public Business Session, in the City Council Chamber. R e s p e catf� i fY b m itte d, iA N1KARIS, AGENCY SECRETARY Approved: JANUARY 19, 2010 AST E CAUXST: 4RECES , CHAIR