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HomeMy WebLinkAbout04/16/1979 .. . . . . MINUTES REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY SANTA ANA, CALIFORNIA APRIL 16, 1979 The Regular Meeting of the Community Redevelopment Agency of the City of Santa Ana was called to order by Chairman James Ward at 2:00 P.M., in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. After the pledge to the Flag, roll was called: PRESENT ABSENT Gordon Bricken Daniel E. Griset Robert W. Luxembourger Al Serrato James E. Ward Harry K. Yamamoto J. Ogden Markel Others in attendance: Richard E. Goblirsch, Executive Director David N. Ream, Assistant Executive Director Tom Hammill, Real Estate Officer Josie LaQuay, Secretary Susan L. Fair, Administrative Assistant Robyn Gensicke, Planning Aide B.J. Thompson, City Manager Dan Stone, Assistant City Manager Keith Gow, City Attorney The Reg ister The Los Angeles Times ABSENCE OF MR. MARKEL Immediately after the Chairman called the meeting to order, Mr. Markel expressed his intent of "total absentism in any matter that would have to do with the Redevelopment Agency". He declared his position vacant and took a seat in the audience. Chairman Ward officially acknowledged his absence from all vote and discussion, and requested another roll call, declaring Mr. Markel absent. APPROVAL OF MINUTES A motion was made by Mr. Ward, second by Mr. Luxembourger, and carried unanimously to approve the Minutes of the Regular Meeting of March 19, 1979. ACQUISITION OF PROPERTY FOR EXPANSION OF BIRCH PARK The Executive Director recounted the Agency's previous request for Staff to secure a private developer interested in preserving the Minter House. He reported that such an individual has been found, and that Mr. Robert Heath was interested in rehabilitating the structure. Mr. Yamamoto questioned how the decision to select Mr. Heath was determined. The Director stated that Mr. Heath was not the only developer considered. Three other developers were also approached, 1. '. " but did not show an interest in following through with the project. He further explained that at the present time, other developers are . still welcome to approach the Agency with a proposal. A motion was made by Mr. Bricken, seconded by Mr. Ward and carried (Mr. Yamamoto voted NO) to approve the proposed budget, authorize implementation by the Commission, and authorize acquisition of the property, with the exception of the Minter House, for expansion of Birch Park. PUBLIC HEARING ON CONDEMNATION OF REAL PROPERTY AMERICAN NATIONA~PROPERTIES DEVELOPMENT SITE LOCATED IN THE The Real Estate Officer identified the property in question as owned by Edward J. Fuss and Florence L. Fuss and being assessor parcel number 002-202-23. He described the project's location, use, public interest and necessity of the acquisition. Mrs. Florence Fuss, 2300 Nottingham Avenue, Los Angeles, spoke in opposition to the planned action to condemn her property. She indicated that although legally served the proper notices of the planned actions, she felt she was not given ample opportunity to participate in the development and wished to do so at this time. . She expressed the opinion that as a property owner, she felt she has prior rights and wished to build a restaurant on the site. Mr. Gary E. Lambert, 2650 North Main, Santa Ana, antique store tenant on the Fuss property, spoke in opposition to the planned activities. He stated that the condemnation action presented a definite hardship on him to relocate his antique store to a suitable location in the very near future. He stated that his type of business builds a following and moving from his present site to one of lesser exposure would result in a loss of business. The Executive Director stated that assisting the tenant in relocating would not present Staff with a difficult problem. He felt a suitable site could be found that would be satisfactory to the tenant. . In response to Mrs. Fuss' statements, the Director replied that Mr. and Mrs. Fuss' participation in this particular project is not practical, due to the project being predicated upon the acquisition of the total site. He further explained that California Redevelopment Law does allow owners and tenants to participate in the redevelopment project, but participation is not limited to the property they presently own. He stated that the Agency Staff would welcome the opportunity to assist Mrs. Fuss in formulating a plan, using the entire project area in doing so. Mrs. Fuss asked when the contract with American National properties was signed. The Real Estate Officer stated that he believed it was executed in November, 1978. Mr. Yamamoto expressed concern over the Agency proceeding with the project's time schedule in spite of Mrs. Fuss' indicated wish to negotiate for the land. The Executive Director reported that there were no time positives on this project. He explained that the agreement called for a step-by- step process, whereby months are generally referred to as opposed to definite dates. In other words, the development is carried out systematically by phases, whereby one stage is commenced only upon completion of the previous stage. The agreement with American National properties was as an owner participant, as they owned a majority of the land they wished to develop. They did, however, . require additional land. At the time of the public hearing for the owner participation agreement, the request of an interest to participate was never expressed by the Fuss'. 2. . . Mr. Bricken stated that although the Agency was presented with material indicating the reason for proceeding with condemnation to . be that of price, Mrs. Fuss' reservations appeared to revolve around the issue of participation. He then asked for a report on the negotiations that have taken place and whether the Fuss' may still participate. The Real Estate Officer detailed the series of actions, events, and measures leading to the proposed condemnation action. He emphasized that the issue was one of value. Referring to the question of leasing or sub-leasing, he stated that the possibility to do so still exists for the Fuss'. The Executive Director reiterated that at the time of the public hearing to enter into an owner participation agreement with American National Properties, there was no request made by the Fuss' to participate nor improve their property. It was only after the written offer was made, that Staff received a response from the Fuss' . A motion was made by Mr. Yamamoto, seconded by Mr. Serrato, and carried (Mr. Griset voted NO) to continue this matter until the next Regular Meeting in order to give the property owner time to negotiate with the Redevelopment Agency staff. . PUBLIC HEARING ON CONDMENATION KEISER DEVELOPMENT SITE OF REAL PROPERTY LOCATED IN THE The firm of Masonry Engineers, heard, did not present themselves. Inc. scheduled to appear and be A motion was made by Mr. Bricken, seconded by Mr. Luxembourger, and carried unanimously to adopt Resolution 79-17: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR REDEVELOPMENT PURPOSES IN THE KEISER DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. AGREEMENT WITH KALMAN F. BANKUTHY, JR. FOR ADMINISTRATIVE SERVICES . A motion was made by Mr. Griset, seconded by Mr. Ward, and carried (Mr. Yamamoto voted NO) to adopt Resolution 79-15: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE AGENCY TO EXECUTE AN AGREEMENT WITH KALMAN F. BANKUTHY, JR. FOR ADMINISTRATIVE SERVICES. ACQUISITIION OF PROPERTIES WITHIN THE MOHLER DEVELOPMENT SITE PRIOR TO EXECUTION OF OWNER PARTICIPATION AGREEMENT Chairman Ward, due to a conflict of interest in this matter, excused himself from Chairman duties and all vote and discussion. Because of Vice Chairman Griset's lack of experience with Agency procedures, Mr. Bricken was asked to Chair the meeting. The Executive Director explained that the Agency has an agreement with Mr. Joe Gilmaker regarding land banking. Mr. Joe Gilmaker, 308 West Fourth Street, Santa Ana, then spoke in opposition to the matter at hand. Basically, he stated that if a development is planned for a specific area, it should occur within a reasonable length of time, so that it doesn't "tie up" other existing properties, thereby taking them off the open real estate market. He suggested that the Agency hold off purchasing the property and allow the owner to sell it on the open market, thus . saving the tax payers money. The Executive Director was asked general questions from the Agency members. Among the questions asked: would the City eventually need 3. '. '. to acquire this property for some type of development (in the event the current development fails); if the Agency does not acquire the property immediately, will it be worth more in the future? The Director answered both of these questions affirmatively. He further . stated that the property is not being "tied up"; the six months right to negotiate with the developer is reasonable. He emphasized that if the site is not assembled (and Mohler pulls out), the possibility of inverse condemnation may exist. At Mr. Luxembourger's request, the Executive Director presented a brief update of the Mohler Project. He reported that several months ago the Agency granted Mr. Mohler a right to negotiate for property in the area in question. The developer proposed a building that exceeded the height limitation for that area. Mr. Mohler received opposition to his proposal during the hearings for the Environmental Impact Report, directed mainly at the question of height. The other issue, regarding traffic, was resolved with the local community. Mr. Mohler has met with the property owners and the Redevelopment Commission has held a public meeting on this proposed development. The issue will ultimately involve a decision by the Planning Commission. The Director pointed out that it is his belief that the development will emcompass a development of less magnitude than the 12 story building proposed by the developer. If the entire development ceases, the community will still be faced with the problem of having to eliminate the blight existing at the corner area of Flower and Civic Center Drive. . A motion was made by Mr. Griset, seconded by Mr. Serrato and carried (Mr. Ward adstained) to adopt Resolution 79-18: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE AGENCY TO EXECUTE AN AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY IN THE REDEVELOPMENT PROJECT AREA. **At this Chairman. point in the meeting, Mr. Ward resumed his position of SEWER EASEMENT TO THE CITY OF SANTA ANA A motion was made by Mr. Bricken, seconded by Mr. Griset and carried unanimously to adopt Resolution 79-19: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE AGENCY TO EXECUTE AN EASEMENT. GRANT OF EASEMENT TO THE CITY OF SANTA ANA FOR WATER LINE (SANTA ANA INTOWN/14 ACRE SITE) . A motion was made by Mr. Bricken, seconded by Mr. Luxembourger and carried unanimously to adopt Resolution 79-20: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE AGENCY TO EXECUTE AN EASEMENT. AMENDMENT PROJECT TO OWNER PARTICIPATION AGREEMENT FOR HERITAGE DEVELOPMENT A motion was made by Mr. Bricken, seconded by Mr. Ward and carried unanimously to adopt Resolution 79-21: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE AGENCY TO EXECUTE AN AMENDMENT TO AN OWNER PARTICIPATION AGREEMENT BETWEEN SAID AGENCY AND DUMEX CORPORATION. TERMINATION WRKECKING OF DEMOLITION CONTRACT WITH CCC LAND CLEARING AND A motion was made by Mr. Bricken, seconded by Mr. Griset and carried unanimously to adopt Resolution 79-23: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA CANCELING A CERTAIN CONTRACT FOR DEMOLITION OF BUILDING DUE TO THE FAILURE OF . CONTRACTOR TO COMPLY IN GOOD FAITH WITH THE REQUIREMENTS OF SAID CONTRACT; AND DIRECTING THE CITY ATTORNEY, AS COUNSEL FOR SAID 4. " '. AGENCY, TO DO ANY AND ALL THINGS NECESSARY TO ENFORCE THE OBLIGATION ~ OF SAID CONTRACTOR AND HIS SURETIES. DOWNTOWN TRANSPORTATION SERVICE FOR SENIORS Chairman Ward stated that the mini bus and/or dial-a-ride concept is not the proper service for Santa Ana. The Transportation Advisory Commission (TRAC) and Planning Commission oppose the concept because Santa Ana has other services available and a mini bus/dial-a-ride system is very expensive to operate. He emphasized that the transportation needs of all the citizens of Santa Ana must be considered. The City Manager reported briefly on the transportation systems of other neighboring cities, which include the use of mini bus/dial-a- ride services in their systems. He stated that OCTD apparently felt Santa Ana was not suitable for a mini bus/dial-a-ride system because other services are already available. Mr. Bricken suggested that the Agency aggressively pursue the designing of a basic plan whereby the needs of all citizens of Santa Ana would best be served--one that would be useful. 4IÞ Mr. Jack Roland, member of the City's Project Area Committee, spoke in favor of the mini bus/dial-a-ride concept for seniors in the downtown area. He suggested that the Agency advise OCTD that this concept is not planned for City-wide use. A motion was made by Mr. Bricken, seconded by Mr. Luxembourger and carried unanimously to refer this item to TRAC for study and recommendation to the City Council and Agency. HOUSING REPLACEMENT PROGRAM . Mr. Robert Clayton, the Agency's Rehabilitation Planning Specialist, presented an oral report on the current status of the Housing Replacement Project. Briefly, the project initially called for using the housing inventory in the Santa Ana College Expansion area for replacement of substandard and overcrowded homes in the Logan area; the program was later expanded city-wide. Residents in over 20% of the City were contacted and given details of the project (SANO provided bilingual information). Sixty persons expressed an interest. Of the 60, 25 met the qualification criteria, 11 made applications; all 11 are expected to qualify. Financing of the program will be processed through two United California Bank agreements, which should be ready for Council review within thirty days. The Director advised that April 16 was the "cut off" date for new applicants. After this date, the Mead Housing Foundation would have to stockpile the homes and charge the Agency an additional price. He stated that it was not Staff's intention to continue this program beyond this week. Staff cannot go further and still meet deadlines called for by the College. A motion was made by Mr. Bricken, seconded by Mr. Ward and carried unanimously to receive and file the report as presented. AGENCY/COMMISSION STUDY SESSION Chairman Ward expressed concern over the many boards and committees presently requesting study sessions with the Council. Mr. Yamamoto suggested meeting only with the Chairman of each particular group for discussion, enabling all Agency members to communicate more . closely with Commission members through their chairman. A motion was made by Mr. Bricken, seconded by Mr. Ward and carried unanimously to instruct staff to arrange for a date between City 5. . . . " Council meetings (dates left open), allowing us a little flexibility in coordinating, wherever the Agency can coordinate. Mr. Ward advised that the Agency would also take the needs of the Project Area Committee to meet in study session, under consideration. EXECUTIVE SESSIONjACQUISTION FOR THE KEISER DEVELOPMENT The Chairman adjourned the Regular Meeting at 3:34 P.M. in order to convene the executive session to discuss the acquisition of property (AP #008-121-10) within the Keiser Development site. At 3:43 P.M., the Chairman adjourned the executive session and reconvened the Regular Meeting. A motion was made by Mr. Bricken, seconded by Mr. Griset and carried unanimously to adopt Resolution 79-22: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE AGENCY TO EXECUTE AN AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY IN THE REDEVELOPMENT PROJECT AREA. ADJOURNMENT There being no further business, the meeting was adjourned at 3:45 P.M. upon the motion of Mr. Bricken, seconded by Mr. Luxembourger and carried unanimously. ~ar~ 9!::! ~ Executive Director 6.