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Home My WebLink About11/17/1981 t . MINUTES REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY SANTA ANA, CALIFORNIA NOVEMBER 17, 1981 The Regular Meeting of the Community Redevelopment Agency of the City of Santa Ana was called to order at 5:30 P.M., in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, after which the meeting was adjourned due to a lack of a quorum, until 7:00 P.M., in the City Council Chambers. Chairman Bricken reconvened the meeting at 7:26 P.M. After the Pledge to the Flag and the Invocation given by Mr. Luxembourger, roll was called: PRESENT ABSENT . John Acosta Gordon Bricken Daniel Griset Robert Luxembourger patricia McGuigan J. Ogden Markel Al Serrato Others in Attendance: A. J. Wilson, City Manager Rex Swanson, Executive Director Edward J. Cooper, City Attorney David N. Ream, Community Development Director Thomas E. Hammill, Real Estate Officer Laura Juarez, Secretary CONSENT CALENDAR ITEM REMOVED . Mr. Peter Des Rochers, Sombrero Street Restaurant, 719 N. Main Street, Santa Ana, California, requested that item 2. A. (CONTINUATION OF PUBLIC HEARINGS TO AUTHORIZE EXECUTION OF DISPOSITION AND DEVELOPMENT AGREEMENTS WITH VISTA-MOHLER AND D AND B DEVELOPMENT, AND PUBLIC HEARING TO AUTHORIZE EXECUTION OF DISPOSITION AND DEVELOPMENT AGREEMENT WITH CIVIC CENTER DEVELOPMENT), recommendation number 3 (Autho- rize staff to notice a public hearing at 5:30 P.M. on December 15, 1981 for the adoption of a Disposition and Development Agreement with Civic Center Development covering the development of the property northerly of Civic Center Drive between Main and Bush Streets), be taken off the consent calendar. q CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED . On the approved 5:0 motion of Mr. Luxembourger, seconded by Mr. Acosta, the Agency approved the recommendations of Staff on the following consent calendar items: . MAJOR COMMERCIAL REHABILITATION - STATUS REPORT Received and filed. RESPONSES TO AGENCY REQUEST FOR PROPOSALS Received and filed. CONTINUATION OF PUBLIC HEARINGS TO AUTHORIZE EXECUTION OF DISPOSITION AND DEVELOPMENT AGREE- MENTS WITH VISTA-MOHLER AND D AND B DEVELOPMENT, AND PUBLIC HEARING TO AUTHORIZE EXECUTION OF DISPOSITION AND DEVELOPMENT AGREEMENT WITH CIVIC CENTER DEVELOPMENT 1. Authorized continuation of the public hearing for the adoption of a Disposition and Development Agreement with Vista-Mohler set for 5:30 P.M. on November 17, 1981 until 5:30 P.M. December 15, 1981. 2. Authorized continuation of the public hearing for the adoption of a Disposition and Development Agreement with D and B Development Company set for 5:30 P.M. on November 17,1981 until 5:30 P.M. December 15,1981. 3. This recommendation calendar. taken off the consent was * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * CONTINUATION OF PUBLIC HEARINGS TO AUTHORIZE EXECUTION OF DISPOSITION AND DEVELOPMENT AGREEMENT WITH VISTA-MOHLER AND D AND B DEVELOPMENT, AND PUBLIC HEARING TO AUTHORIZE EXECUTION OF DISPOSITION AND DEVELOPMENT AGREEMENT WITH CIVIC CENTER DEVELOPMENT . Mr. Des Rochers requested that this item (recommendation number 3) be taken off the consent calendar for the following reasons: 1. 10 He never knew that this issue (Civic Center Development) was going to be heard tonight; -2- 2. He was never notified of the date and time when it was presented to the Commission; and -'-- 3. He never had an opportunity proposal to the Commission. to present his . The City Manager told the members of the Agency that the direct recommendation of the Commission to the Agency was to establish the date of December 15, 1981 for the public hearing to adopt a Resolution authorizing execution of a Disposition and Development Agreement in which all parties could be heard. Chairman Bricken informed the City Manager that the question that was being raised was whether such Public Hearing was heard before the Commission, and if it was, Mr. Des Rochers was not aware of it. . The Executive Director informed the members of the Agency that the Redevelopment Commission does not hold public hearings on Development Agreements, only the Agency does. In addition, the Redevelopment Agency sets the time and date of the Disposition and Development Agreement consideration for public hearing. Chairman Bricken then confirmed that it was not the Commission's function to hold the public hearing. Mr. Terry M. Moshenko, Moshenko, Bradley & Assoc., Douglas Plaza, Suite 102, 18952 MacArthur Blvd, Irvine, CA 92715, requested that the Agency postpone the setting of the public hearing for ninety (90) to one-hundred twenty (120) days to allow them to have further input in the process. He also mentioned that they had submitted a proposal to the Agency, but that the Agency never wrote or called him about their acceptance or rejection, and that he would like to have been told. Mr. Moshenko mentioned that this proposal violates Section IV. 6.b.(4)g. "Off-Street parkin~--Parking facili- ties shall be located on the same lot or slte or on a lot or site contiguous thereto. Any property used for required parking shall be under the same ownership as the uses served or shall be restricted in such a manner as to prevent the severance of the parking facilities and use by sale, trade, lease or any other conveyance." Chairman Bricken said that such dialog should be for the future public hearing. . Mr. Cooper suggested that Mr. Moshenko finalize his thoughts and submit them to his office and that he would be glad to go over them. Mr. Des Rochers stated that what was discussed last year and what was approved by the Agency was not Mr. Fainbarg's proposal. He also stated that the proposal did not ask that Mr. Fainbarg take his propery rights and it did not include the parking lot. 11 -3- . . . 12.. Chairman Bricken asked staff what Mr. Fainbarg's position would be with regards to moving the date up? The Executive Director stated that they had not discussed a possible delay with him, but he felt that the delay would be agreeable to Mr. Fainbarg. After further discussion a motion was made by Mrs. McGuigan, seconded by Mr. Luxembourger to set the date of January 19, 1982 at 5:30 P.M. for the public hearing. Prior to voting, the following discussion took place. Mr. Moshenko requested that the Agency instruct staff to let him see the information concerning this property. Mr. Cooper, stated that prior to the public hearing some documents would be made available for public information. However, the appraisal report would not be available to the public. Mr. Griset requested to hear from staff to things had been accomplished, what discussions what points had been agreed on, what issues and what kind of time was needed for the consideration of a public hearing. find out what had occurred, remained open Agency in the RECESS At 8:11 P.M., the Chairman recessed the meeting. At 8:21 P.M., the meeting was reconvened with the same members present. Discussion on the previous item resumed. Chairman Bricken invited Mr. Hammill, the Real Estate Officer, to state his comments. Mr. Hammill stated that when staff met with Mr. Des Rochers, approximately a year ago, it resulted in a letter from Mr. Moshenko advising of the values that would be required to acquire their interest. Mr. Hammill stated that they had responded to this letter. He stated that on Thursday, November 12,1981, he met with Mr. Moshenko and furnished him copies of the Redevelopment Agency By-Laws, the Redevelopment Plan of 1973 and the amended Redevelopment Plan of 1975. Mr. Moshenko requested to review Mr. Fainbarg's file and the appraisal of the leasehold interest of Sombrero Street. Mr. Hammill stated that he advised Mr. Moshenko that the appraisal was not for public review, but that he could go see the City Attorney and if it was all right with the City Attorney to see the appraisal, he would let him. Mr. Griset mentioned that the lease did contain an option to buy. The option to buy is predicated upon the acquisition by Sombrero Street Restaurant of the property currently leased by them for the Restaurant. Sombrero Street's lease agreement, covering the Restaurant site provides that if the -4- . . . 13 landlord should decide to sell the premises, Sombrero Street Restaurant shall have an option for a period of thirty (30) days after written notification of an offer to purchase to meet the terms and conditions of such offer to purchase. If Sombrero Street Restaurant fails to accept the terms and conditions of the offer to purchase within thirty (30) days, then in that event the option shall be of no further force and effect. After further discussion, the Chairman asked for a roll call vote on the motion that was made by Mrs. McGuigan and seconded by Mr. Luxembourger to set the date of January 19, 1982 at 5:30 P.M. for the public hearing. AYES: NOES: ABSENT: Acosta, Bricken, Luxembourger, McGugian Griset Markel, Serrato AMENDMENTS TO FASHION SQUARE EXCLUSIVE NEGOTIATION AGREEMENT AND ENVIRONMENTAL IMPACT REPORT AGREEMENT Mr. Wilson requested that the execution be granted until March 16, 1982 with the condition that the Owner Participation Agreement be signed by the Developer prior to December 15,1981. After further discussion, a motion was made by Mr. Griset, seconded by Mr. Luxembourger and carried unanimously to adopt the following Resolutions: Resolution 81-133: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A SEVENTH AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE AGENCY AND FEDERATED DEPARTMENT STORES, INC. Resolution 81-134: A RESOLUTION OF THE COMMUNTIY 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 AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES WITH ULTRASYSTEMS, INC. AMENDMENT OF AGREEMENT WITH LLOYDS BANK AND LEASE AGREEMENT WITH LLOYDS BANK Mrs. McGuigan asked staff if Lloyds Bank was going to pay rent for the additional spaces in addition to an extra charge. Mr. Cooper stated that Lloyds Bank would be paying rent in addition to paying rent on the spaces that the Agency was going to be leasing them. He also stated that -5- . . . If Lloyds Bank would be paying $100 per month during the first five years of the Lease Agreement, with the rental rate to be negotiated during the five year option period based upon the current rentals of the Downtown Parking Garage. Mr. Luxembourger asked staff what was the maximum that the Agency could lease to Lloyds Bank in the garage. Mr. Cooper stated that it was 25%. The following persons spoke on the above matter: Walter E. Scott Spurgeon Building Santa Ana, CA zika Djokov ich 211 N. Main Santa Ana, CA 92701 Robert Theel 31878 Camino Capistrano No. 278 San Juan Capistrano, CA After further discussion a motion was made by Mr. Griset, seconded by Mr. Luxembourger and carried by a 4:1 vote (Mrs. McGuigan casting the "NO" vote) to adopt the following Resolutions: Resolution 81-135: 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 A FIRST AMENDMENT TO AGREEMENT BETWEEN THE COMMUNITY REDEVELOP- MENT AGENCY OF THE CITY OF SANTA ANA AND LLOYDS BANK CALIFORNIA. Resolution 81-136: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY TO EXECUTE A LEASE AGREEMENT BETWEEN THE AGENCY AND LLOYDS BANK CALIFORNIA. MAJOR COMMERCIAL REHABILITATION LOAN PROGRAM - REVISED PROCEDURES - LOAN AGREEMENTS/NOTE PURCHASE AGREEMENTS The City Manager requested that the Agency continue this item until December 7, 1981 in the afternoon because of delays with final closing. A motion was made by Mr. Griset, seconded by Mr. Acosta and carried unanimously to continue the adoption of the resolutions necessary to implement the revised procedures to fund loans for the following seventeen projects until December 7,1981 at 2:00 P.M.: -6- . . . 15 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Carlos Ortiz - 110 W. Fourth Street Douglas McCullock - 116 W. Fourth Street Bob Hummell/Carl Wood - 118/120 W. Fourth Street Jack McCullock - 108 W. Fourth Street Jack McCullock - 214-220 W. Fourth Street Mas Uyesugi - 221 W. Fourth Street Rosalind Robbins - 215/217 W. Fourth Street Joe Elias - 209/213 W. Fourth Street Phillips, et al - 301/305 W. Fourth Street Ron Roelofs - 307/309 W. Fourth Street Velma Freeman - 311/315 W. Fourth Street Dick Beem - 223 W. Fourth Street and 405/411 N. Broadway Dick Beem - 112/114 W. Fourth Street Arcade Building Partnership - 515 N. Main Street Ron Marks - 401 W. Fourth Street Y.M.C.A. - 205 w. Civic Center Ray Klemp - 217 N. Main Street REDEVELOPMENT PROJECT AREAS Mr. Wilson stated that staff had prepared a full presentation which could be delayed to a future meeting or workshop if the Agency wished Mr. Serrato to have the opportunity to see it. After further discussion, a motion was made by Mr. Acosta, seconded by Mr. Griset and carried unanimously to adopt the following Resolutions: Resolution 81-104: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA RECEIVING THE PRELIMINARY PLAN FOR THE SANTA ANA SOUTH HARBOR BOULEVARD REDEVELOPMENT PROJECT, DIRECTING THE SUBMIT- TAL OF THE PRELIMINARY PLAN TO THE REDEVELOPMENT COMMISSION, ESTABLISHING THE PROJECT BASE YEAR ASSESSMENT ROLL, AND AUTHORIZING AND DIRECTING THE FILING OF INFORMATION REQUIRED BY SECTIONS 33327 AND 33328 OF THE COMMUNITY REDEVELOPMENT LAW. Resolution 81-105: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA RECEIVING THE PRELIMINARY PLAN FOR THE SANTA ANA NORTH HARBOR BOULEVARD REDEVELOPMENT PROJECT, DIRECTING THE SUBMIT- TAL OF THE PRELIMINARY PLAN TO THE REDEVELOPMENT COMMISSION, ESTABLISHING THE PROJECT BASE YEAR ASSESSMENT ROLL, AND AUTHORIZING AND DIRECTING THE FILING OF INFORMATION REQUIRED BY SECTIONS 33327 AND 33328 OF THE COMMUNITY REDEVELOPMENT LAW. -7- ,~ . . . J(() '. Resolution 81-106: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA RECEIVING THE PRELIMINARY PLAN FOR THE SANTA ANA SOUTH MAIN STREET REDEVELOPMENT PROJECT, DIRECTING THE SUBMITTAL OF THE PRELIMINARY PLAN TO THE REDEVELOPMENT COMMISSION, ESTABLISHING THE PROJECT BASE YEAR ASSESSMENT ROLL, AND AUTHORIZING AND DIRECTING THE FILING OF INFORMATION REQUIRED BY SECTIONS 33327 AND 33328 OF THE COMMUNITY REDEVELOPMENT LAW. Resolution 81-107: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA RECEIVING THE PRELIMINARY PLAN FOR THE SANTA ANA INTER CITY COMMUTER STATION REDEVELOPMENT PROJECT, DIRECTING THE SUBMITTAL OF THE PRELIMINARY PLAN TO THE REDEVELOPMENT COMMISSION, ESTABLISHING THE PROJECT BASE YEAR ASSESSMENT ROLL, AND AUTHORIZING AND DIRECTING THE FILING OF INFORMATION REQUIRED BY SECTIONS 33327 AND 33328 OF THE COMMUNITY REDEVELOPMENT LAW. ORAL COMMUNICATIONS - PARKING METERS DOWNTOWN Mr. John Fainbarg inquired about the possibility of putting parking meters downtown. Chairman Bricken responded that this matter was not an Agency matter but rather a Council matter, and that he could probably speak with the Chamber of Commerce about this. ADJOURNMENT There being no further business before the Community Redevelopment Agency, the meeting was adjourned at 9:24 P.M. to December 7,1981 at 2:00 P.M. ~fJJ&- Executive Director ~fL- Gordon.Afr lcken, Chairman -8-