HomeMy WebLinkAboutRDA Min 1986-03-10
3-10-86
Seal Beach, California
March 10, 1986
The Redevelopment Agency of the City of Seal Beach met
in special session at 6:45 p.m. with Chairman Brownell
calling the meeting to order with the Salute to the Flag.
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Chairman Brownell read the Notice of Special Meeting in
full as follows:
"Oscar Brownell, 13261 southport Lane, 184-F, Seal Beach
Edna Wilson, 13260 st. Andrews Drive, 255-1, Seal Beach
Frank Clift, 4489 Dogwood Avenue, Seal Beach
victor Grgas, 216 - 15th street, Seal Beach
Joyce Risner, 845 Driftwood Avenue, Seal Beach
NOTICE IS HEREBY GIVEN that Oscar Brownell as presiding
officer of the Redevelopment Agency of the City of Seal
Beach hereby calls and gives notice of a special meeting
of the Redevelopment Agency of the City of Seal Beach
to be held and convened at the hour of 6:45 p.m., Monday,
March 10, 1986 in Cit Council Chambers, 211 - 8th street,
Seal Beac , Call ornla, or t e purpose 0 conSl er ng:
Approval of Revised Subordination Agreement between
the Redevelopment Agency of the City of Seal Beach
and Seal Beach Partners, Ltd.
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and to take any other measures or actions that may be
deemed necessary relating to this matter.
DATED THIS 5th day of March, 1986.
(signed)
Oscar Brownell, Chairman
Seal Beach Redevelopment Agency
(signed)
Joanne M. Yeo, Secretary
Seal Beach Redevelopment Agency"
ROLL CALL
present:
Chairman Brownell
Agency Members Clift, Risner, Wilson
Absent:
Agency Member Grgas
Mr. Grgas arrived at 6:57 p.m.
Also present: Mr. Joseph, Acting Executive Director
Mr. parrington, Special Legal Counsel
Mrs. Yeo, Secretary
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WAIVER OF FULL READING
Wilson moved, second by Clift, to waive the reading in
full of all resolutions and that consent to the waiver
of reading shall be deemed to be given by all Agency members
after reading of the title unless specific request is made
at that time for the reading of such resolution.
AYES:
NOES:
ABSENT:
Brownell, Clift, Risner, Wilson
None
Grgas Motion carried
3-10-86
PROPOSED RESOLUTION NUMBER 86-2 - SUBORDINATION AGREEMENT
and AGREEMENT FOR LOAN - SEAL BEACH TRAILER PARK
proposed Resolution Number 86-2 was presented to the Agency
entitled "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SEAL BEACH, CALIFORNIA, APPROVING A SUBORDINATION
AGREEMENT AND AN AGREEMENT FOR LOAN FOR THE SEAL BEACH
TRAILER PARK." By unanimous consent, full reading of proposed
Resolution Number 86-2 was waived. The Acting Executive I
Director presented the staff report and reviewed the background
of previous Agency actions relating to the refinancing
of the loan for purchase of the Trailer park. Mr. Joseph
reported that upon review of the previously approved
Subordination Agreement by a Coast Savings & Loan staff
attorney, Coast is now requiring that the Subordination
Agreement provide that in the event of a default by the
borrower, none of the rent control provisions would bind
either Coast or any successor in interest through Coast.
He stated this to be a substantial change from the previously
approved Subordination Agreement which only permitted increases
in the rental charged in an amount sufficient to cover
the debt service on the loan or any refinancing upon the
sale to a third party. He pointed out however, that rent
control would remain in tact if the loan is not in default.
Members of the Agency expressed concern that the interest
of the residents of the Trailer park are not being taken
into consideration. Mrs. Risner stated she would like
to see a more in depth review of this matter, suggesting
a meeting between the City Attorney, Mr. stepanicich, Special
Legal Counsel, Mr. parrington, Mr. Dawson and the City
Manager to consider the impact on the residents of the
Trailer park, she also questioned whether or not the original
financing of the Trailer Park improvements would prohibit
lifting the rent controls in any event. Mr. parrington I
responded that as proposed, the agreement contains no
provision for rent control, however there are restrictions
in the agreement as to maintenance of the mobile home and
trailer park for low and moderate income persons, that
requirement contained in the previously approved Declaration
of Covenants, Restrictions and Conditions. He clarified
that the income qualifications for park residents would
remain under the revised agreement, however the rents that
could be charged to those persons would not be restricted
in the case of a default where Coast or a third party would
acquire the park, and that party would be free to charge
market rents even though the only persons to whom he could
rent would be in the low and moderate income category.
In response to Mrs. Risner's question regarding a previous
conflict of interest by the City's legal firm in dealing
with Trai.ler Park matters, the City Attorney explained
that the conflict stemmed from the representation of a
partner of Mr. Dawson's, and stated he was uncertain whether
or not an interest in the park by that individual continues
to exist. Mrs. Risner suggested that this matter be held
over pending a discussion between Special Legal Counsel,
in conjunction with the city Attorney, and the Coast attorney,
to arrive at a resolution of this matter that would allow
the City to retain its rent control rights, noting the
support for the purchase of the park by the tenants which I
will then allow long term leases of the trailer spaces.
Chairman Brownell recalled the intent of the Trailer Park
development to benefit low and moderate income tenants,
with controlled rents, and any increase of those rents
based upon a specific formula and subject to Agency approval,
and stated he felt it would be out of order for the Agency
to direct legal counsel to negotiate this matter with Coast
to the benefit of the loan recipient.
3-10-86
Ccuncilman Grgas arrived at 6:57 p.m.
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Mr. parrington stated that the negotiations with Mr. Dawson,
with input from his office, previously provided a reasonable
compromise, which was that the lender, in the event of
a forclosure and resale of the property, could pass on,
in the form of rent, the extraordinary cost of acquiring
the property and the cost of a new loan obtained by the
buyer of the park, which he stated he felt was a fair and
equitable formula. He explained that Coast's loan officers
had previously approved this provision, the Coast attorneys
in turn saying that all rent control provisions are required
to be removed in the'event of a default in order to obtain
approval of the loan. Mr. parrington stated he would inform
Coast's attorneys that they must communicate with the Agency
on this matter. Brownell moved, second by Clift, to hold
this item over pending further discussion between Special
Legal Counsel and Coast Savings and Loan, the result of
those discussions to be presented to the Agency.
AYES:
NOES:
Brownell, Clift, Grgas, Risner, wilson
None Motion carried
ORAL COMMUNICATIONS
There were no Oral Communications.
ADJOURNMENT
Wilson moved, second by Clift, to adjourn the meeting at
7:01 p.m.
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AYES:
NOES:
Brownell, Clift, Grgas, Risner, Wilson
None Motion carried
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