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CRA 2008-11-10 MINUTES OF A REGULAR MEETING OF THE CYPRESS REDEVELOPMENT AGENCY HELD November 10, 2008 Agency Chair Seymore called the meeting to order at 7:00 p.m. in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Todd Seymore Council/Agency Board Member Doug Bailey Council/Agency Board Member Phil Luebben Council/Agency Board Member Prakash Narain Members absent: Mayor Pro Tem/Agency Vice Chair Leroy Mills Staff present: City Manager John Bahorski City Attorney William Wynder Assistant City Manager/Director of Finance and Administrative Services Richard Storey Director of Community Development Ted Commerdinger Public Works Director Doug Dancs Recreation and Community Services Director June Liu Police Captain Mike Idom Assistant City Engineer Kamran Dadbeh Redevelopment Project Manager Steve Clarke Senior Civil Engineer Alvin Papa Associate Engineer Dario Simoes Administrative Services Manager Andrew Tse Recreation Supervisor Jeff Draper City Clerk Denise Basham PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 2: PUBLIC HEARING REGARDING APPROVAL OF AN AGREEMENT TO PURCHASE AFFORDABILITY COVENANTS AT 5201 LINCOLN AVENUE. The Redevelopment Project Manager provided background information on this item. Agency Chair Seymore stated that in 2004 he had an opportunity to review the site. Agency Member Bailey asked about the City's current deficiency in inclusionary units. The Redevelopment Project Manager stated that the current inclusionary deficit is 80 units, with 40 units reserved for households with low incomes and 40 units with households with very low incomes. Agency Member Bailey asked about the court validation process. Allison Lemoine-Bui, Redevelopment Agency Counsel, responded that the purchasing covenant is a unique provision in the redevelopment law in that it is not used very frequently. The reason for seeking validation for this transaction is due to piggy- backing on existing covenants. Redevelopment law requires covenants for a period of 55 years, and these units already have covenants for 30 years. Council Member Bailey asked what the initial per unit cost was in 2004. The Redevelopment Project Manager stated the current covenant agreements are substantially less. • t Agency Vice Chair Mills asked for clarification of the process for the benefit of the audience. m nt Pro'ect Mana er stated that Redevelo ment law requires that a The Redevelop e ~ g p certain portion of the funds that the redevelopment Agency earns needs to be expended for affordable housing purposes. Those funds cannot accumulate. The City Attorney stated that housing set-aside money is being used to provide our regional fair share of low and very low income housing. The public hearing was opened. Agency Chair Seymore asked if there was anyone who wished to speak in favor of the item. Agency Chair Seymore asked if there was anyone who wished to speak against the item. The public hearing was closed. Agency Member Luebben stated that what is being paid for the affordable units is significantly less than the $250,000 average cost. It was moved by Agency Member Luebben and seconded by Agency Chair Seymore, that the Cypress Redevelopment Agency Board: 1) Hold a public hearing to consider approval of an agreement to purchase affordability covenants at 5201 Lincoln Avenue; and 2) Adopt the Resolution by title only, approving the Loan Agreement and Agreement to Acquire Covenants, and authorize the Executive Director to execute the Agreement on behalf of the Agency. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: Bailey, Luebben, Narain, Mills and Seymore NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None RESOLUTION NO. CRA - 133 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING A LOAN AGREEMENT AND AGREEMENT TO ACQUIRE COVENANTS BY AND AMONG THE AGENCY, AFFORDABLE HOUSING ACCESS, INC., AND CYPRESS-TV, LLC, FOR THE AGENCY'S ACQUISITION OF LONG-TERM AFFORDABILITY COVENANTS. CONSENT CALENDAR: It was moved by Agency Member Luebben and seconded by Agency Member Narain, that the Redevelopment Agency approve Consent Calendar Items No. 14 and 15. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: Bailey, Luebben, Narain, Mills, and Seymore NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None Item No. 14: EXECUTION OF PROMISSORY NOTE BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommendation: That the Cypress Redevelopment Agency Board authorize Agency staff to execute the Repayment Agreement and Promissory Note (Exhibit "B") in the amount of $20,000,000 with the City of Cypress to renew a maturing Promissory Note that was used for the purchase of land, with the repayment by the Agency being made from the proceeds resulting from reselling the land for development. 2 Item No. 15: EXECUTION OF PROMISSORY NOTES BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommendation: That the Cypress Redevelopment Agency Board authorize Agency staff to execute the Repayment Agreement and two Promissory Notes (Exhibit "B") in the amount of $10,600,000 with the City of Cypress, with the repayment to the City to be made from future tax increments or other available project area revenue sources. END OF CONSENT CALENDAR ADJOURNMENT: Agency Chairperson Seymore adjourned the meeting at 8:06 p.m. CHAIRPERSON OF HE CYPRESS REDEVELOPMENT AGENCY ATTEST: SECRETARY OF THE CYPRESS REDEVELOPMENT AGENCY 3