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HomeMy WebLinkAbout03/17/1980 . . . . MINUTES JOINT MEETING WITH CITY COUNCIL AND REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY SANTA ANA, CALIFORNIA MARCH 17, 1980 The Joint Meeting with the City Council and the Regular Meeting of the Community Redevelopment Agency of the City of Santa Ana was called to order by Acting Chairman/Vice Mayor Gordon Bricken at 1:05 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 Robert Luxembourger J. Ogden Markel Al Serrato Harry Yamamoto Daniel Griset James Ward Others in attendance: Richard E. Goblirsch, Executive Director David N. Ream, Assistant Executive Director TOm Hammill, Real Estate Officer Stacey Creveston, Secretary Carl J. Thornton, City Manager (Interim) Keith Gow, City Attorney Ed Cooper, Assistant City Attorney PUBLIC HEARING FOR THE PROPOSED SALE BY THE COMMUNITY REDEVELOPMENT AGENCY TO HARRY GREENBERG AND EVELYN GREENBERG AND ENVIRONMENTAL FINDINGS RELATED THERETO The Acting Chairman announced that this was the time and place for the joint public hearing of the Community Redevelopment Agency and the City Council of the City of Santa Ana for the proposed sale of property bounded on the north by Second Street, on the west by Broadway, on the south by First Street and on the east by Sycamore, by the Community Redevelopment Agency to Harry and Evelyn Greenberg for the development of a parking lot. The Redevelopment Real Estate property proposed to be sold proposed development. Officer displayed a map of the by the Agency and described the The Executive Director stated that the intent of the agreement is that the Agency acquire the sales parcel and sell all or a portion of it to Mr. and Mrs. Greenberg. The Greenbergs have agreed in writing (in the Owner Participation Agreement) that they will remodel both of their buildings, bring them up to City code and spend somewhere in the neighborhood of three-quarters of a million dollars. The Greenbergs have already started on the remodeling. The property to be acquired by the Greenbergs will be used in conjunction with their remodeling so that they have frontage facing on to First Street, additional display windows and convenience customer parking. The Acting Chairman stated that he had been advised that there was a dispute pertaining to this parcel and asked the Executive Director to clarify the matter. The Executive Director reported . . . . that Mr. Robert Fainbarg, owner of a parcel adjacent to the sales parcel, has been using a portion of the parcel on a month-to-month basis (under an oral agreement with the present t~nants) for loading and unloading and convenience parking. Mr. Fainbarg has no legal right to the parcel, but needs to acquire an interest covering access, loading and unloading. Staff has been working on a solution to allow the sale of the parcel to the Greenbergs and still protect the Fainbarg property. Staff thought an agreement had been reached with Mr. Greenberg which would provide that prior to conveying the property to the Greenbergs, the Redevelopment Agency would convey to the Fainbargs the right of access across their property, and further grant a right covering loading and unloading within a specified area. Late Friday, March 14, the Fainbargs said this was not acceptable to them, and that they would prefer to purchase the easterly 25 feet of the parcel. The Greenbergs, in order to carry out their plans, would require a very minor access easement on the property proposed to be sold to the Fainbargs. The dispute comes down to the Greenberg's wish to proceed with the agreement as proposed. They desire to own all of the property, but they are willing to let the Agency provide ingress and egress and loading rights to the Fainbargs via an easement. The Fainbarg's position is that they would prefer to own the 25 feet, and they will give the Greenbergs an easement for ingress and egress over the portion required for driveway purposes. The Executive Director pointed out that in the memorandum to the Redevelopment Agency on the subject matter, dated March 17, 1980, there were two options the Agency could take: one in favor of the Greenbergs; and one in favor of the Fainbargs. The Executive Director further stated that if this matter is delayed it could affect the Greenberg's financing that they have secured from the Federal Government ($250,000 at 3% interest). The cut-off date is April 29, 1980. The Acting Chairman asked to hear from the public in agreement with the environmental findings or the proposed sale. The following spoke: Mr. Billy Greenberg, 11211 Hunting Horn, Santa Ana Mr. Harry Greenberg, 34545 Camino Capistrano, Capistrano Beach Howard Way, 801 W. Tenth Street, Santa Ana The Acting Chairman then asked to hear from the public disagreeing with the environmental findings or the proposed sale. The following spoke: Mr. Alan Fainbarg, Newport Beach After lengthy discussion, the Acting Chairman closed the public hearing and entertained a motion regarding the environmental findings. A motion was made by Mr. Serrato, seconded by Mr. Bricken and carried by the following roll call vote to adopt Resolution 80-25: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED MAJOR COMMERCIAL REHABILITATION OWNER PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HARRY GREENBERG AND EVELYN GREENBERG FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY IN THE SANTA ANA REDEVELOPMENT PROJECT. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward -2- . . . . Vice Mayor Bricken stated that the Chair would now entertain a motion of the City Council regarding the environmental findings and the proposed sale. A motion was made by Councilman Serrato, seconded by Councilman Luxembourger and carried by the following roll call vote to adopt Resolution 80-19: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED MAJOR COMMERCIAL REHABILITATION OWNER PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HARRY GREENBERG AND EVELYN GREENBERG FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY IN THE SANTA ANA REDEVELOPMENT PROJECT. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Gr iset, Ward A motion was made by Councilman Serrato, seconded by Councilman Luxembourger and carried by the following roll call vote to adopt Resolution 80-20: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO A MAJOR COMMERCIAL REHABILITATION OWNER PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HARRY GREENBERG AND EVELYN GREENBERG FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY IN THE SANTA ANA REDEVELOPMENT PROJECT; APPROVING THE PROPOSED SALE OF SAID REAL PROPERTY; AND APPROVING THE PARTICIPATION AGREEMENT PERTAINING THERETO. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward The Acting Chairman stated that the Chair would now entertain a motion of the Agency regarding the proposed sale. A motion was made by Mr. Serrato, seconded by Mr. Luxembourger and carried by the following roll call vote to adopt Resolution 80-26: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA MAKING CERTAIN FINDINGS WITH RESPECT TO THE CONSIDERATION TO BE RECEIVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PURSUANT TO A MAJOR COMMERCIAL REHABILITATION OWNER PARTICIPATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HARRY GREENBERG AND EVELYN GREENBERG FOR THE SALE AND DEVELOPMENT OF CERTAIN REAL PROPERTY IN THE SANTA ANA REDEVELOPMENT PROJECT; APPROVING THE PROPOSED SALE OF SAID REAL PROPERTY; AND APPROVING THE PARTICIPA~ION AGREEMENT PERTAINING THERETO. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Gr iset, Ward A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by the following roll call vote to adopt the budget and authorize its implementation by the Community Redevelopment Commission. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by the following roll call vote to authorize staff to negotiate an Owner Participation Agreement (for Agency approval) with Robert Fainbarg for the conveyance of an access easement on -3- . . . . Assessor Parcel number 008-165-03, subject to a $1,000 non refundable deposit to be paid within 30 days and $7,000 due at time of conveyance and any other required structural improvements. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Gr iset, Ward RECESS At 2:38 P.M., the Acting Chairman recessed the meeting. At 2:45 P.M., the meeting was reconvened with the same members present. At that time, the Acting Chairman called the regular meeting of the Agency to order. CONSENT CALENDAR ITEMS REMOVED & DISSENTING VOTES Agency member Yamamoto requested that item 3D (Ross & Fifth Development Preliminary Plans) and item 3E (Major Commercial Rehabilitation Program Area Boundaries) be taken off the consent calendar. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried unanimously to approve the recommendations of staff on the following consent calendar items: MINUTES Approved Minutes of Joint Meeting with City Council and Regular Meeting of Agency held on February 19, 1980. AUTHORIZATION TO PROCEED WITH PRESENTATION OF PUBLIC NOTICE TO PROPERTY OWNERS OF ASSESSOR PARCEL *008-052-09 FOR PURPOSES OF INITIATION OF CONDEMNATION ACTION Authorized 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 regular meeting of April 21,1980. INITIATION OF GARAGE SITE CONDEMNATION ACTION IN DOWNTOWN PARKING Authorized staff to prepare and present notice advising property owners of Assessor Parcel *008-126-08 of the Agency's intention to hold a public hearing for the purpose of adopting a Resolution of Necessity at its regular meeting of April 21, 1980. INITIATION OF CONDEMNATION FIFTH DEVELOPMENT SITE ACTION WITHIN THE ROSS AND Authorized staff to prepare and present notice property owners of Assessor Parcel *008-052-09 Agency's intention to hold a public hearing for the of adopting a Resolution of Necessity at its regular of April 21, 1980. advising of the purpose meeting AUTHORITY TO EXECUTE LANDLORD WAIVER AND CONSENT Au thor i zed Consent. Executive Director to execute Landlord Waiver and -4- . . . . STATUS REPORT ON TRANSPORTATION STUDY FOR THE DOWNTOWN Received and filed. ..................CONSENT CALENDAR FINIS......................... ROSS AND FIFTH DEVELOPMENT PRELIMINARY PLANS Agency member Yamamoto questioned approving plans for a developer without a public hearing. The Executive Director explained that the agreement with the developer specified that the developer would submit preliminary plans so that the Agency would know what direction the developer is taking. The Executive Director further stated that if any public hearing is required in the future, the plans would come before the Agency again, as well as the Planning Commission and the City Council. A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by the following roll call vote to approve the preliminary plans for the Ross and Fifth Development. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato Markel, Yamamoto Gr iset, Ward MAJOR COMMERCIAL REHABILITATION PROGRAM AREA BOUNDARIES Agency member Yamamoto asked if there was a "proposed Heritage Park". The Acting Chairman stated that there is a preliminary plan for the expansion of Birch Park, which is the same thing. A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by the following roll call vote to amend the present Major Commercial Rehabilitation Program Area to include the proposed Heritage Park. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Gr iset, Ward SB-99 COMMERCIAL MORTGAGE LOAN -- SELECTION OF CONSULTANTS After discussion, a motion was made by Mr. Serrato, seconded by Mr. Luxembourger and carried by the following roll call vote to authorize staff to enter into negotiations with the following consultants, and that their fees shall be charged against the bond sale: 1. 2. 3. 4. Jones, Hall, Hill & White (Bond Attorney) Stone & Youngberg (Financial Consultant) Keyser Marston Associates (Economist) EF Hutton (Underwriter) AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Gr iset, Ward CIVIC CENTER DRIVE AND MAIN STREET REDEVELOPMENT PROPOSAL The Executive Director stated that he had received a request from Mr. James L. Campbell to speak on this item. The Executive Director reported that Mr. Allan Fainbarg is interested in seeing if he can put together an office building to be used predominantly as his headquarters building. The site is -5- . . . . bounded by Civic Center Drive, Main and Bush Streets and is presently occupied by a vacant lot and an older rooming house. Mr. Fainbarg is requesting a six month exclusive right to negotiate with the Agency to see if this particular project can be put together. Mr. James L. Campbell, Vice President of California Western university, representing Mr. Tom Neal, owner of property between Main and Bush Streets, stated that they had future use for the land in terms of parking in order to meet State requirements for the University. They have been considering, for approximately two years, several possible avenues of acquiring the property. The property has been appraised and they had hoped that they would be submitting some form of a building permit within the next year regarding their plans for this property. After more discussion, the Executive Director stated that staff would like to have more time to discuss with the University the problems connected with the State. A motion was made by Mr. Luxembourger, seconded by Mr. Bricken and carried by the following roll call vote to continue this item to the next Agency meeting. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward EXECUTIVE SESSION The Agency recessed at 3:07 P.M. to Executive Session for discussion of legal matters. The meeting was reconvened at 3:19 P.M. with the same members present. ACQUISITION OF COMPANY SITE PROPERTY WITHIN ROSS AND FIFTH DEVELOPMENT THE A motion was made by Mr. Serrato, seconded by Mr. Luxembourger and carried by the following roll call vote to adopt Resolution 80-35: 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 in the amount of $475,000. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Gr iset, Ward ACQUISITION OF COMPANY SITE PROPERTY WITHIN ROSS AND FIFTH DEVELOPMENT THE A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by the following roll call vote to adopt Resolution 80-36: 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 in the amount of $75,000. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward ACQUISITION OF COMPANY SITE PROPERTY THE ROSS AND FIFTH DEVELOPMENT WITHIN A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by the following roll call vote to adopt Resolution 80-37: -6- . . . . 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. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Gr iset, Ward ACQUISITION OF COMPANY SITE WITHIN ROSS AND FIFTH DEVELOPMENT PROPERTY THE A motion was made by Mr. Serrato, seconded by Mr. Luxembourger and carried by the following roll call vote to adopt Resolution 80-33: 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. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward MAJOR COMMERCIAL REHABILITATION LOAN PROGRAM A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by the following roll call vote to adopt Resolution 80-34: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING BOND ISSUES FOR THE ACQUISITION OF PERMANENT LOANS FOR REHABILITATION OF SPECIFIED PROPERTIES AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Gr iset, Ward AUTHORITY TO EXECUTE GRANT DEED TO ORANGE COUNTY TRANSIT DISTRICT Mr. Serrato declared a conflict of interest and left the meeting. After a brief discussion, a motion was made by Mr. Luxembourger, seconded by Mr. Bricken and carried by the following roll call vote to adopt Resolution 80-38: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE AGENCY TO EXECUTE A GRANT DEED TO ORANGE COUNTY TRANSIT DISTRICT. AYES: NOES: ABSENT: ABSTAINED: Bricken, Luxembourger, Yamamoto Markel Griset, Ward Serrato Mr. Serrato returned to the meeting. SB-99 COMMERCIAL BOND After discussion, a motion was made by Mr. Serrato, seconded by Mr. Bricken and carried by the following roll call vote to continue this item to the next Redevelopment Agency meeting. AYES: NOES: ABSENT: Bricken, Luxembourger, Serrato, Yamamoto Markel Griset, Ward ORAL COMMUNICATIONS - DOWNTOWN PARKING Ms. Lynn Cerida addressed the Agency expressing concern regarding parking in the downtown during construction of various developments, and asked that the Agency come up with a solution to the problem. -7- . . . . . . The Executive Director explained that with various developments occurring, there will be a temporary shortage of downtown parking, and that there is no solution to the problem. He, however, stated that one recommendation could be to run a shuttle bus system from the stadium parking lot to the downtown during this period of construction. Mr. Dave Williams of the Santa Ana City Center Association also addressed the Agency regarding this same concern, and stated that several months ago this problem was brought to the Agency's attention and thought that a study was being prepared. The Agency suggested that staff report to the Agency at their next meeting with a written report containing possible solutions and what is being done at the present time. The report should also include the time frame of one project being started, versus the next project being started. ORAL COMMUNICATIONS - EASEMENT RIGHTS TO GREENBERG PROPERTY Agency member Luxembourger asked for clarification on the easement rights to the Fainbargs on the parcel of land that was previously acted on in the Greenberg development. The Executive Director reported that the Agency voted on the easement to allow the Fainbargs to have access both off of Broadway and First Streets. Agency member Luxembourger asked that staff write a letter to the Fainbargs clarifying this. ORAL COMMUNICATIONS - HOUSE STORED ON STADIUM PARKING LOT Agency member Yamamoto expressed concern that a house was still being stored on the stadium parking lot, and was concerned about the City's liability if someone got hurt playing in or around the house. ADJOURNMENT There being no further business before the Community Agency, the meeting was adjourned at 4:00 P.M. ~J?~ Redevelopment 7~~ Gordon Bricken. Acting Chairman Richard E. Goblirsch Executive Director -8-