HomeMy WebLinkAbout11/17/1980
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MINUTES
REGULAR MEETING
COMMUNITY REDEVELOPMENT AGENCY
SANTA ANn, CALIFORNIA
NOVEMBER 11, 1980
The Regular Meeting of the Community Redevelopment Agency of
the City of Santa Ana was called to order by Chairman Robert
Luxembourger at 1:00 P.M. in the City Council Chambers, 22
Civic Center Plaza, Santa Ana, California. After the pledge
to the Flag and the Invocation given by the Chairman, roll
was called:
PRESENT
ABSENT
Daniel Griset
Al Serra to
Gordon Bricken (1:30)
James Ward
Robert Luxembourger
Harry Yamamoto
J. Odgen Markel
Others in Attendance:
David N. Ream, Executive Director
Thomas E. Hammil1, Agency Real Estate
A. J. Wilson, City Manager
Edward J. Coope~, City Attorney
Laura Garcia, Secretary
Officer
ANNUAL AUDIT REPORT:
BIENNIAL PUBLIC HEARING REPORT
Chairman Luxembourger called the Community Redevelopment
Agency of the City of Santa Ana to order. He announced that
this was the time and place set for the Biennial Public
Hearing on the amended Redevelopment Plan of the City of
Santa Ana Community Redevelopment Project pursuant to
California Health and Safety Code 33348.5 of the Community
Redevelopment Law. He also stated that the purpose of this
hearing was to review the amended Redevlopment Plan for the
City of Santa Ana Community Redevelopment Project and to
evaluate its progress. He declared the public hearing open.
Chairman Luxembourger stated that we would first have the
Staff presentation followed by Public Testimony.
Mr. Ream stated that Mr. Peter Grams, Housing Programs
Administrator, would give a brief presentation.
Mr. Grams gave a description of the projecti, including the
boundaries of the Project Area and the Redevelopment Plan
Objectives. He reported that the relocation activity, which
is a follow-up to the acquisition phase, handled 76 cases at
an Agency cost of $528,242. The demolition activity follows
the relocation phase and 49 structures in nine developments
were removed as part of the site preparation work handled by
the Agency Staff. Site clearance and site improvements, the
final stages of Agency activity in delivering a prepared
site to a potential developer incurred costs of $574,573 and
$168,947 respectively over the two year span of 1978-80.
Over the two year span, the Agency entered into five OPA
projects (Heritage, American National Properties, Mohletf,
Keiser and Jones) and three DDA projects (Burkes, Philipson,
Santa Ana Employees Credit Union). A fourth DDA project,
In town Housing Phase II, had been previously agreed to but
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significant Agency activity continued into 1978-79 and
should be noted in this reporting period. A fifth DDA
project will be entered into after this reporting period
(Ralph Allen Development) although relocation and site
clearance expenses were incurred during the two year
reporting period of this report.
The Agency has contracted with the Orange County Transit
District (OCTD) for the development at Broadway and Fifth
Streets (Park-And-Ride facility) as well as Ross and Santa
Ana Boulevard (Multi Modal Terminal). These projects will
be of value to centralizing the transportation system near
the downtown and Civic Center areas. The Agency is sharing
the site preparation costs with OCTD on the Park-And-Ride
Facility and OCTD will absorb the full cost of site
preparation on the Multi Modal project. The construction
costs for both projects are funded through OCTD grant
programs. The Agency has a continuing relationship with the
Civic Center Commission which oversees the development and
operations of the governmental center in the Civic Center
area of Santa Ana. A further Agency involvement with the
promotion of local area businesses has taken shape around
the formation of an Economic Development Corporation (EDC).
The main thrust of this non-profit organization is to assist
local businesses with securing loans at low interest rates
for the expansion, rehabilitation or other activity that
will help them grow with the revitalization occurring in the
downtown business area.
The basic land designations for the Project Area have been
maintained over the two year span of this reporting period.
Some residential properties have been acquired for non-
residential uses, but the zoning in these areas, for the
most part, was not of a residential designation (non-
conforming use). Specifically there were two residential
neighborhoods affected by redevelopment activity during the
1978-80 reporting period. The neighborhood between Ross and
Flower Streets, First and Third Streets has been in the
process of renovation, but with a continuity of a
residential use. This neighborhood, when surveyed in 1975,
had a severly blighted quality. This neighborhood currently
has a new senior citizens housing project built for 200
housing units and a 318 condominium development one, two and
three bedroom units.
The second neighborhood area affected by redevelopment is
the area near the intersection of Civic Center Drive and
Flower Streets. The zoning designation in this area is for
Civic Development although residential structures have been
placed in this zone. The Mohler and Jones developments were
approved for this area in 1979 and in the process of
assembling the site for these two developments, 17
residential structures had to be removed.
Two parking structures have been promoted through Agency
action. One is the OCTD Park-And-Ride Facility that is
nearing completion at Broadway and Fifth Streets, while the
second one is the Downtown Parking Garage which will be
placed at Broadway and Third Streets. These public
facilities have been planned for the promotion of commercial
and Civic Center activities near the downtown business
district.
After Mr. Grams conclusion of the presentation, Chairman
Luxembourger stated that they would like to hear from the
public. That if they wish to speak, that they would please
step forward to the podium, give their name and address and
please be kind enough to limit their comments to five
minutes.
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Their being no comments from the public, Chairman
Luxembourger asked if there was anyone else here to speak to
this project. Their being none, he closed the public
hearing and asked the Agency Staff if they had any questions
of the Staff.
Mr. Serrato asked Staff why they do not have a Master Plan
and if they are going to have a Mas ter Plan in the fu ture?
He stated that this was not a political philosophy of his.
Mr. Ream stated that the main reason was because the Master
Plan would list every parcel being developed and if this was
done tha tit m igh t af fec t the r igh ts of the proper ty owners.
He s ta ted tha t they were in the final stages of a Plan for
the East Fourth Street area.
Mr. Serra to s ta ted tha t the reasons why he asked these
questions was because he would like to see what some of
their actions and improvements had been and what other areas
were going to be touched, if required.
Mr. Ward stated that the City had a Capital Investment Plan
(CIP) that the Council members adopted, but that the CIP had
1 i ttle in terms on the focus of the proj ects.
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After further discussion, a motion was made by Mr. Griseti,
seconded by Mr. Ward and carried unanimously to receive and
file the Biennial Activity Report and approve the Agency
Annual Audit for Fiscal Year 1979-80.
PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF
PROPERTY WITHIN THE SUBSTITUTE PARKING SITE
Chairman Luxembourger announced that this was the time and
place for the public hearing on the issue of the public
necessity to acquire by condemnation property known as
Assessor Parcels 008-127-06 and 008-127-08 for Redevelopment
purposes.
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Chairman Luxembourger reques ted tha t Staff identify the
property or issues and give Staff recommendations. Mr.
Thomas E. Hammilli, Agency Real Estate Officer', reported that
the property is located at the Southwest corner of Main and
Third Streets in Santa Ana!, California', as indicated on the
map in the orange color. The property has a frontage of 150
feet along Main Street and with a depth of 125 feet. The
property contains 18,750 square feet and is a vacant lot
improved with asphaltic concrete and leased to Parking
Company of America for parking purposes.
The public interest and necessity require the property for
the following reasons:
1.
On recommendation of the Redevelopment
Commission, the Agency approved the Keyser
Marston feasibility report and financing for a
proposed parking structure on February 20, 1979.
The report and financing proposal were also
accepted by the City Council on March 12, 1979.
It was determined at said meetings that the
construction of a parking structure was an
essential element of a comprehensive re-
vitalization program for downtown Santa Ana and
would greatly enhance the long term economic
growth of the downtown area.
2.
The Agency, at its Meeting of August 20, 1979,
made the selection of the Architect/Engineer for
the Downtown Parking Garage.
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3.
The Agencý, at its Meeting of September 17,
1979, authorized Staff to proceed with the
acquisition of property required for the
Downtown Parking Garage.
4.
The Agencý, at its Meeting of June 16, 1980,
authorized the acquisition of the subject
property as a substitute parking site required
as replacement parking during the construction
of the Downtown Parking Garage and for
subsequent redevelopment.
5.
Under an agreement with Lloyds Bank, the subject
property will be significantly improved for
parking purposes and will ultimately be
available for public parking until such time as
required for redevelopment.
The least private injury is demonstrated by the fact that
the property is currently paved with asphalt and used as a
privately operated parking lot. The property is owned by
one individuat, which individual will receive just
compensation for the taking of the property.
The property is necessary
following reasons:
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3.
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for the proj ec t beca use of the
1.
It was previously determined by the Agency on
February 20, 1979, and the City Council on March
12, 1979, after considering the Keyser Marston
Report and evidence submitted by the Staff and
private citizens, that the location proposed for
the Downtown Parking Garage is the optimum
location for a proposed parking structure
cons is tent with the demand for parking
facilities in the downtown area.
2.
The construction of the parking garage and
subsequent use will produce increased shopping
and employment for the citizens of Santa Ana.
The replacement of existing parking within the
Downtown Parking Garage Site is necessary to
continue the existing business of the current
tenant of property within the site and to
resolve legal issues with the existing tenant.
Chairman Luxembourger requested to hear from the public in
agreement and disagreement with the condemnation of this
proper ty.
Mr. Frank Chaves, P.O. Box 11412, Santa Ana, addressed the
Agency express ing h is disapproval for the taking of these
parcels. Mr. Chaves s ta ted tha t the proper ty was already a
parking lot and the reason why the Agency was condemning it
was for the use by Lloyds Bank for parking purposes. He
stated that he had already made an attempt with L~oyds Bank
for them to use it as public parking lot a year ago. He
also stated that he did not understand the reason why the
Agency would condemn if he has been operating that lot for
twelve (12) years and will continue to do so.
Mr. Ward requested that Staff should respond to Mr. Chaves'
ques tion.
Mr. Hammill stated that Mr. Chaves, in his negotiations with
Lloyds Bank to reach an agreement had failed. Mr. Nicholas
M. Soccio of Lloyds Bank had written a letter to the
Redevlopment Agency reading as follows:
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Dear Mr. Hammill:
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At your request, I will attempt to describe my past
negotiations with Mr. Frank J. Chaves, Director of
the Parking Company of America, for a sublease
agreement with Lloyds Bank California for the subject
parking lot.
Approximately six months agd, I met with Mr. Chaves
to express Lloyds Bank's interests in subleasing from
him the parking lot at the corner of Third Street and
Main Street, Santa Ana. My purpose was to secure
temporary parking for the Bank while the new Downtown
Parking Garage was in cons truction.
Mr. Chaves' terms were a sublease with a monthly
payment to him of $1700 and five months payment in
advance. Mr. Chaves also required, tha t should the
proposed garage not be built, he would then not
re turn to the Bank our depos it in the amount of
$8,500.
Not only was this unacceptable to the Bank, Mr.
Chaves I Lease Agreemen t ind ica tes tha t the Lessor
could cancel the agreement within a short period of
time.
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My decision to approach the City of Santa Ana
Redevelopment Agency was as a result of Mr. Chaves'
immed ia te terms.
Should you have any further questions, please do not
hes ita te in con tac ting me.
Nicholas M. Soccio
Lloyds Bank
Ass is tan t Vice Pres iden t
After further discussion, Mr. Ward questioned Staff on what
would happen to Mr. Chaves if the Agency decided to condemn
his property.
Mr. Hammill stated that the Lease would be terminated and
because Mr. Chaves has additional parking lots in the area
he would not qualify for compensation. Mr. Chaves' Lease
expires on January 2, 1982.
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Mr. Chaves then s ta ted tha t he firs t heard about the publ ic
hear ing and tha t the Agency was s till working with Lloyds
Bank on October 15, 1980.
The following persons appeared before the Agency to speak
against the adoption of Resolution 80-113:
Zika Djokovich
10901 Coronel Road
San ta Ana, CA 92705
Robert F. Waldron
550 Golden Circle
Santa Ana, CA
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After further discussion, a mot~oo_was made by Mr. Yamamoto,
seconded by Mr. Serrato and ~ by the following roll
call vote to continue the adoption of Resolution 80-113 for
thirty (30) days: 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 REDEVELOPMENT PROJECT AREA IN
THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING
THE PUBLIC NECESSITY THEREFOR.
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AYES:
NOES:
ABSENT:
Serratd, Markel, Yamamoto
Griset, Ward, Bricken, Luxembourger
None
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Since this motion failed, another motion was made by Mr.
Bricken, seconded by Mr. Ward and carried by the following
roll call vote to continue the Public hearing after item lC.
AYES:
Griset, Ward, Bricken, Luxembourger
Serratd, Marke], Yamamoto
None
None
NOES:
ABSENT:
After discussion of lC, a motion was made by Mr. Bricken,
seconded by Mr. Yamamoto and carried by the following roll
call vote to continue the Public Hearing to the next
regularly scheduled meeting of December 19, 1980.
AYES:
Gr ise t, Ward Br icken, Luxembourger:,
Yamamo to
Markel, Serra to
None
NOES:
ABSENT:
PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF
PROPERTY WITHIN THE SUBSTITUTE PARKING SITE
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Cha irman Luxembourger announced tha t th is was the time and
place for the public hearing on the issue of the public
necessity to acquire by condemnation property known as
Assessor Parcel 008-127-01 for Redevelopment purposes.
Chairman Luxembourger requested that Staff identify the
property or issues and give Staff recommendations. Mr.
Thomas E. Hammill, Agency Real Estate Officer<, reported that
the the property is located at the Southeast corner of Third
and Sycamore Streets in Santa Ana, California, as indicated
on the map in the blue color. The property has a frontage
of 50 feet along Sycamore Street with a depth and frontage
at Third Street of 125 feet. The property contains 60,250
square feet and is currently improved with a I-story
structure containing approximately 60,000 square feet. The
East ],000 square feet of the site is rented to Teri Cigar
Company. The Wes t 9, 000 square feet is occupied by Wes tern
Biolog ics, Inc .1, a blood bank.
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The public interest and necessity require the property for
following reasons:
1.
On recommendation of the Redevelopment Commission,
the Agency approved the Keyser Mars ton feas ibil i ty
report and financing for a proposed parking
s truc ture on February 20, 1979. The repor t and
financing proposal were also accepted by the City
Council on March 12, 1979. It was determined at
said meetings that the construction of a parking
structure was an essential element of a
comprehensive revitalization program for downtown
Santa Ana and would greatly enhance the long term
economic growth of the downtown area.
2.
The Agency, at its Meeting of August 20, 1979,
made the selection of the Archi tectjEng ineer for
the Downtown Parking Garage.
3.
The AgencY, at its Meeting of September 17, 1979,
authorized Staff to proceed with the acquisition
of property required for the Downtown Parking
Garage.
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4.
The Agency, at its Meeting of June 16, 1980,
authorized the acquisition of the subject property
as a substitute parking site required as
replacement parking during the construction of the
Downtown Parking Garage. The subject property
will be improved as a public parking facility
until such time as it may be required for
redevelopment purposes.
The least private injury is demonstrated by the fact that
the property is owned 1/2 by Jack L. Smith and Donna J.
Smith and the other 1/2 by Jay L. Feinstein and Nancy
Feins tein. All ownership interes t will receive just
compensation for the taking of the property and the tenants
will receive compensation pursuant to the relocation
guidelines.
The property is necessary
following reasons:
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3.
for the project because of the
1.
It was previously determined by the Agency on
February 26, 1979, and the City Council on March
12, 1979, after considering the Keyser Marston
Report and evidence submitted by the Staff and
private citizens, that the location proposed for
the Downtown Parking Garage is the optimum
location for a proposed parking structure
consistent with the demand for parking facilities
in the downtown area.
2.
The construction of the parking garage and
subsequent use will produce increased shopping and
employment for the citizens of Santa Ana.
The replacemen t of ex is ting parking wi thin the
Downtown Parking Garage Si te is necessary to
continue the existing businesses located adjacent
to the proposed Downtown Parking Garage during
construction of said Garage.
Chairman Luxembourger requested to hear from the public in
agreement and disagreement with the condemnation of this
proper ty.
The following persons appeared before the Agency to speak
against the adoption of Resolution 80-114:
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Robert F. Waldron
550 Golden Circle
Santa Ana, CA
Nancy Feinstein
116 & 122 W. 3rd St.
Santa Anai, CA 92701
After further dicussion, a motion was made by Mr. Ward,
seconded by Mr. Serrato and carried by the following roll
call vote to adopt Resolution 80-114: A RESOLUTION OF THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA
AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL
PROPERTY FOR REDEVELOPMENT PRUPOSES IN THE REDEVELOPMENT
PROJECT AREA IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA,
AND DECLARING THE PUBLIC NECESSITY THEREFOR.
AYES:
NOES:
ABSENT:
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Griset, Serratd, Bricken, Luxembourger, Ward
Yamamotd, Markel
None
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RECESS
At 3:10 P.M., the Chairman recessed the meeting. At 3:20
P.M., the meeting was reconvened with all members present.
At that time, the Chairman called the regular meeting of the
Agency to order.
CONSENT CALENDAR ITEM REMOVED
Agency Member Markel requested that item 3. D. (Authorization
to proceed with presentation of public hearing to property
owner of Assessor Parcel 003-113-27 for purposes of
initiation of condemnation action) be taken off the consent
calendar.
CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED
On the unanimously approved 7:0 motion of Mr. Griset,
seconded by Mr. Serrato, the Agency approved the
recommendations of Staff on the following consent calendar
items:
MINUTES
Approved the Minutes of Adjourned Regular Meeting
held on October 6, 1980, Regular Meeting held on
October 20, 1980, and Special Meeting held on
November 3, 1980.
FINANCIAL REPORT
ASSOCIATES, INC.
BY
KATZ,
HOLLIS,
COREN
&
Received and filed.
COMMERCIAL REHABILITATION LOAN PROGRAM
Received and filed.
ESTABLISHMENT
POSITION
OF
ASSISTANT REAL ESTATE OFFICER
Recommended tha t the Agency con tinue th is item until
their meeting of December 15, 1980.
BID AWARD FOR CONSTRUCTION OF PUBLIC PARKING LOT
AT THIRD AND BIRCH STREETS
Awarded contract to the lowest responsive bidder,
R.J. Noble Company, in the amount of $91,246.50 and
authorized its execution by the Chairman of the
Agency.
DISPOSITION AND DEVELOPMENT
HISTORIC RESTORATION
AGREEMENT
WITH
Authorized Staff to notice a public hearing on
December 15, 1980 which is legally required prior to
entering into a Disposition and Development Agreement
to convey land to a developer.
* * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * *
AUTHORIZATION TO PROCEED WITH PRESENTATION OF PUBLIC NOTICE
TO PROPERTY OWNER OF ASSESSOR PARCEL 003-113-27 FOR PURPOSES
OF INITIATION OF CONDEMNATION ACTION
Mr. Markel stated that he did not understand the reason why
the Redevelopment Agency all of a sudden takes a man's
property just for condemnation and because of this he wished
not to support this item.
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Mr. Ream stated that this was unlike the previous actions in
that it was just setting the date for the public hearing and
the presentation of required notice to property owner.
A motion was made by Mr. Ward, seconded by Mr. Bricken and
carried unanimously to authorize Staff to prepare and
present notice advising property owner of Agency's intent to
hold a public hearing for the purpose of adopting a
Resolution of Necessity at its meeting of December 15, 1980.
AMENDMENT TO THE OWNER
DEVELOPMENT CORPORATION
PARTICIPATION AGREEMENT WITH JONES
A motion was made by Mr. Ward, seconded by Mr. Bricken and
carried by the following roll call vote to adopt Resolution
80-115: 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 JONES DEVELOPMENT
CORPORATION.
AYES:
NOES:
ABSENT:
Griset, Serrato, Bricken, Luxembourger, Ward
Markel, Yamamoto
None
AMENDMENT
VISTA
TO THE OWNER PARTICIPATION AGREEMENT WITH MOHLER-
Mr. Ward declared that he had a conflict of interest with
item 4B. He then left the Council Chambers.
A motion was made by Mr. Griset, seconded by Chairman
Luxembourger and carried by the following roll call vote to
adopt Resolution 80-116: A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING
THE CHARIMAN OF THE AGENCY TO EXECUTE AN AMENDMENT TO AN
OWNER PARTICIPATION AGREEMENT BETWEEN SAID AGENCY AND
MOHLER-VISTA.
AYES:
NOES:
ABSENT:
ABSTAINED:
Griset, Bricken, Luxembourger
Serrato, Markel, Yamamoto
None
Ward
Since this motion failed, another motion was made by Mr.
Bricken, seconded by Mr. Serrato and carried by the
following roll call vote to continue the request to adopt
Resolution 80-116 until the next regularly scheduled meeting
of December 15, 1980.
AYES:
Griset, Bricken, Luxembourger,
Serrato, Yamamoto
Markel
None
Ward
NOES:
ABSENT:
ABSTAINED:
Chairman Luxembourger then asked that Mr. Ward be invited to
return to the Council Chambers.
EXTENSION OF EXCLUSIVE NEGOTIATION AGREEMENT WITH FEDERATED
DEPARTMENT STORES, INC.
A motion was made by Mr. Bricken, seconded by Mr. Serrato
and carried unanimously to adopt Resolution 80-117: A
RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY
OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A THIRD
AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE
AGENCY AND FEDERATED DEPARTMENT STORES, INC.
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ACQUISITION
SITE
OF
PROPERTY WITHIN THE DOWNTOWN PARKING GARAGE
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Chairman Luxembourger requested that the adoption of
Resolution 80-118: A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING
THE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF SANTA ANA TO EXECUTE AN AGREEMENT FOR ACQUISITION OF
REAL PROPERTY BETWEEN THE AGENCY AND FAIRHAVEN MEMORIAL
PARK, INC. be continued until the next regularly scheduled
meeting of December 19, 1980.
AGREEMENT WITH LLOYDS BANK
Chairman Luxembourger requested that the adoption of
Resolution 80-119: A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING
THE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF SANTA ANA TO EXECUTE AN AGREEMENT FOR ACQUISITION OF
REAL PROPERTY BETWEEN THE AGENCY AND LLOYDS BANK CALIFORNIA
be continued until the next regularly scheduled meeting of
December 19, 1980.
PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF
PROPERTY WITHIN THE DOWNTOWN PARKING GARAGE SITE
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Chairman Luxembourger requested that the adoption of
Resolution 80-101: 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 DOWNTOWN PARKING GARAGE SITE
IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING
THE PUBLIC NECESSITY THEREFOR be continued until the next
regularly scheduled meeting of December 19, 1980.
PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF
PROPERTY WITHIN THE DOWNTOWN PARKING GARAGE SITE
Chairman Luxembourger requested that the adoption of
Resolution 80-102: 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 DOWNTOWN PARKING GARAGE SITE
IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING
THE PUBLIC NECESSITY THEREFOR be continued until the next
regularly scheduled meeting of December 19, 1980.
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EXCLUSIVE RIGHT TO NEGOTIATE WITH DR. HAROLD NEMETZ
A motion was made by Mr.
carried unanimously to
month exclusive right
the property fronting
between 19th and 20th
217 feet.
Griset, seconded by Mr. Bricken and
grant to Dr. Harold Nemetz a six
to negotiate for the development of
on the wes t s ide of Ma in Stree t
Streets to a depth of approximately
DEVELOPMENT
TOBERTY
PROPOSAL
FROM
MR. ALLAN FAINBARG AND MR. PAUL
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The Executive Director advised that the Redevelopment Agency
at its meeting of April 21, 1980, granted Mr. Allan Fainbarg
a six-month exclusive right to negotiate for the development
of a site bounded by Civic Center Drive, Main and Bush
Streets, subject to the payment of one-half of the cost of
the necessary feasibility study and the future availability
of Agency funds. Mr. Fainbarg proposed the construction of
a three-story office building of approximately 21,000 square
feet to be built over one floor of enclosed, surface
parking.
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The Executive Director pointed out that Keyser Marston, in
their economic evaluation, recommended several different
development approaches. Mr. Fainbarg agreed to proceed on
any project the Agency wished to recommend. The Executive
Director then told of a proposal which had been received
from the Paul J. Toberty Company after the expiration of Mr.
Fainbarg's six-month exclusive right to negotiate on October
12, 1980 and added tha t, in h is opinion, since Mr. Fa inbarg
had met all of the conditions of his exclusive right to
negotia te, the Agency should enter in to a Dispos i tion and
Development Agreement with Mr. Fainbarg for the development
of this proper ty. He added tha t staff would 1 ike to explore
the possibility of working with the Toberty Company on
another loca tion.
The Executive Director pointed out that Keyser Marston has
raised several questions regarding the Agency's ongoing
expense relating to the proposed parking garage which they
estimate to be $200,000 per year and Mr. Toberty estimates
at $50,000. Keyser Marston also questioned the advisability
of constructing 240,000 square feet of office building at
th is site.
The Executive Director then stated that staff was
recommending that the Agency proceed with the Fainbarg
Proposal. He added that staff would like to study the
Toberty proposal further to see if it could be economically
feasible for the Agency to consider it at a later date.
The following persons appeared before the Agency in support
of the Toberty Proposal:
David Flaherty
Pa ul J. Tober ty
Claude Young, Representative for Paul J. Toberty
Wayne J. Banks, Representative, WZMH Group Architects
Peter De Rouches, Owner-Sombrero Street Restaurant
Paster De Leon, Templo Calvario
The Chairman was handed a petition of approximately one-
hundred and four (104) signatures in support of the Paul J.
Toberty Company proposal.
After a lenghty discussion, a motion was made by Mr.
Bricken, seconded by Mr. Markel and carried by a vote of 5:2
(Mr. Serrato and Mr. Yamamoto casting the "NO" vote) that
the Agency direc t staff to prepare a Dispos i tion and
Development Agreement with Mr. Allan Fainbarg for the
development of a site bounded by Civic Center Drive, Main,
E igh th and Bush Stree ts .
RECESS
The meeting was recessed by the Chairman at 4:40 P.M.!, to
the evening session (after the Council meeting) to discuss
litigation matters.
The meeting was reconvened with the same members present at
9:50 P.M.
EXECUTIVE SESSION
At 9:50 P.M., the Chairman recessed the Agency meeting to an
Executive Session to discuss legal matters. At 10:15 P.M.I,
the meeting was reconvened with the same members present.
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CONDEMNATION - MISSIONARIES AT HOME, INC.
A motion was made by Mr. Ward, seconded by Mr. Serrato and
carried unanimously to approve the settlement agreement
(Superior Court Case No. 33-92-87) between Missionaries At
Home, Inc. for the sale of the ir proper ty for a to ta 1
consideration of $90,000.00 and for an additional sum of
$15,000.00 to cover all machinery, equipment and any and all
relocation benefits.
APPOINTMENT OF EXECUTIVE DIRECTOR - REDEVELOPMENT AGENCY
A motion was made by Mr. Ward, seconded by Mr. Griset and
carried unanimously to confirm the designated appointment of
the City Manager for the position as Executive Director of
the Redevelopment Agency.
ADJOURNMENT
Their being no further business before the Community
Redevelopmen t Agencý, the meeting was adjourned at 10: 25
P.M." to December 15, 1980 at 1:00 P.M.', in the City Council
Chambers.
Ç)Jo ~
Davld N. Ream,
Executive Director
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