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Home My WebLink AboutTC Minutes 2011-02-16 (RDA)TIBURON REDEVELOPMENT AGENCY FEBRUARY 16, 2011 MINUTES CALL TO ORDER Following the regular Town Council meeting on February 16, 2011, Chair Slavitz called the Redevelopment Agency meeting to order at 10:32 p.m. ROLL CALL Boardmember Collins, Boardmember Fredericks, Boardmember O'Donnell, Vice Chair Fraser, Chair Slavitz ORAL COMMUNICATIONS None. BUSINESS MEETING 1. Adoption of Minutes - Adopt minutes of June 16, 2010 meeting (Board Clerk Crane Iacopi) Chair Slavitz asked if there was any public comment on the item. There was none. MOTION: To adopt the June 16, 2010 minutes, as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous 2. Lyford Drive Parking Improvement- Adopt resolution authorizing Executive Director to execute Cooperation and Funding Agreement with Town of Tiburon for project funding (Agency Counsel Danforth) Agency Counsel Danforth gave the report. She said the Tiburon Redevelopment Agency's 1983 Redevelopment Plan described a number of general objectives and specific projects to eliminate physical and economic blight in the Town. These include improvements to Tiburon Boulevard and to parking available to the downtown. At this point, the Agency's outstanding legal obligation consists of creating new affordable housing within the Plan Area and the Agency has restricted funds for that purpose. However, the Agency also possesses a reserve of $290,000. This sum is the unexpended remainder of funds set aside to reimburse the Town for administrative expenses associated with the Agency, according to Agency Counsel. Tiburon Redevelopment Agency Minutes #01-2011 February 16, 2011 Page 1 Danforth said that the Town was currently considering a project to improve the right of way area on the south side of Tiburon Boulevard near the intersection with Lyford Drive. She said the area was unsightly, consisting of dirt shoulders on either side of the Boulevard, and generally used for informal parking. She said the current state is particularly unfortunate because almost all visitors to Tiburon by car pass the site immediately before entering the downtown area. Danforth said the project would both beautify this gateway location and improve the parking area, thereby making the site more attractive to visitors. Danforth said the proposed agreement would not obligate the Agency or Town to construct the project. She said that if the Town Council ultimately decided not to approve the Lyford Drive parking project, the Town would refund the Agency contribution to the Agency or retain funds in reserve for other projects or purposes consistent with the objectives of the Tiburon Redevelopment Plan. Danforth said the project was consistent with the objectives of the Tiburon Redevelopment Plan and could be funded by the Agency's $290,000 reserve. She recommended adoption of the resolution by the Board. Chair Slavitz asked if there was any public comment on the item. There was none. MOTION: To adopt the resolution authorizing the execution of the agreement for the Lyford Drive Parking Improvement), as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous 3. Redevelopment Agency Housing Funds - Adopt resolution authorizing Executive Director to execute Cooperation and Funding Agreement with Town of Tiburon for transfer of housing funds (Executive Director Curran/Agency Counsel Danforth) Agency Counsel Danforth said the Tiburon Redevelopment Agency's 1983 Redevelopment Plan had expired and the Agency's sole outstanding legal obligation consisted of creating new affordable housing within the Plan Area. She said the Agency had restricted funds for that purpose, consisting of $862,445.45 in cash and $663,411 in the form of a note from Cecilia Place (collectively, "Housing Fund"). Danforth said the Agency's adopted five-year Implementation Plan provided for the use of the Housing Fund to create affordable housing as required by the Redevelopment Plan and the Town's Housing Element. However, Danforth said the Implementation Plan's proposed sites are currently unavailable, but the Plan provides that the Agency's specific projects and program may vary from those outlined therein to reflect unpredictable constraints and opportunities. According to Danforth, the extraordinary cost of land acquisition and construction in the Town rendered the monies available in the Housing Fund insufficient to create the necessary affordable housing. As a further constraint, the Governor's proposed budget contains the possibility that the - Redevelopment Agency might be terminated before it can fulfill its housing obligation. Danforth Tiburon Redevelopment Agency Minutes #01-2011 February 16, 2011 Page 2 said that staff recommended a partnership with another agency with resources and expertise in the field to meet these challenges and to meet the Town and Agency's legal housing requirements. The Marin Housing Authority has indicated a willingness to enter into an agreement with the Agency to use the funds to implement an affordable housing program consistent with the Tiburon Redevelopment Plan and state law, subject to the direction of the Town. She said the Town would be a party to the agreement to ensure effective planning and policy oversight, and in the event that the Executive Director is unable to negotiate an acceptable agreement with the Authority, the Director would be authorized to negotiate and execute a similar agreement with an experienced non-profit developer. Danforth said that staff recommended that the Board adopt the resolution authorizing the Executive Director to Negotiate and Execute a Cooperation Agreement with the Town of Tiburon and the Marin Housing Authority. Executive Director Curran discussed the somewhat urgent nature of the proposal. She said that on March 1 or 2, the State of California might enact legislation terminating redevelopment agencies and that any existing redevelopment funds would no longer be available to the Town. She said that the language in the agreement was based on a report written by the General Counsel of the League of California Cities, an organization that was carefully following the state budget developments. Curran said that the Marin Housing Authority had expressed its commitment to ensuring that the Tiburon RDA dollars would be used for project in Tiburon, if the agreement went forward. Boardmember O'Donnell asked what would happen if current housing laws changed and affordable housing became a "shared" responsibility rather than a city by city obligation. In this event, as well, Agency Counsel Danforth said that the Town did not stand to lose anything. Executive Director Curran noted that while a number of cities had already taken action and entered into similar agreements to protect their redevelopment dollars, she acknowledged that there was no guarantee that the actions would not be challenged. She said that it seemed to be the safest course of action at this time, and that the Agency would have gained some security over control of its funds. Agency Counsel Danforth said the Agency might add a reverter clause to the agreement that stated if no feasible project were found, the money would return to the Agency. On the other hand, Danforth said that the Agency needed the Marin Housing Authority to manage its affordable housing. Boardmember Fredericks said that the Marin Housing Authority seemed a safe place for the monies to reside and noted that the agreement required the monies to be spent in Tiburon, in any event. Tiburon Redevelopment Agency Minutes #01-2011 February 16, 2011 Page 3 Boardmember O'Donnell asked if the Tiburon Redevelopment Agency would eventually be disbanded. Town Manager Curran said that eventually, it would be disbanded. Chair Slavitz asked if there was any public comment on the item. There was none. MOTION: To adopt the resolution, as written. Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous ADJOURNMENT There being no further business before the Tiburon Redevelopment Agency, Chair Slavitz adjourned the meeting at 10:47 p.m. JEFF" S"LAVITZ CH IR TIB ON REDEVftOPMENT AGENCY ATTEST: DIANE CRANE IACOPI, BOARD CLERK Tiburon Redevelopment Agency Minutes #01-2011 February 16, 2011 Page 4