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Home My WebLink About04/20/1981 ~ þJ~ MINUTES REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY SANTA ANA, CALIFORNIA APRIL 20, 1981 . The Regular Meeting of the Community Redevelopment Agency of the City of Santa Ana was called to order by Chairman Bricken at 2:02 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 Mr. Luxembourger, roll was called: PRESENT ABSENT Daniel Griset John Acosta Al Serrato Gordon Bricken Robert Luxembourger Patricia McGuigan J. Ogden Markel 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, Agency Real Estate Officer Laura Garcia, Secretary PUBLIC HEARING TO AUTHORIZE CONDEMNATION OF THE FAINBARG- CLEM PROPERTY (RALPH ALLEN DEVELOPMENT SITE) . Chairman Bricken 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 Parcel 008-057-07, for redevelopment purposes. Chairman Bricken requested that Staff identify the property or issues and give staff recommendation. Mr. Thomas E. Hammill, Agency Real Estate Officer, reported that the property consists of one commercial lot improved with one two-story structure and one single story structure located at 500, 504, 504 1/2, 506 and 506-A North Main Street and 107 and 109 West Fifth Street, Santa Ana, California. The lot measures 74.50 feet X 117.50 feet and contains 8,754 square feet which is shown in orange on the map. The two- story structure was constructed in the year 1886 and contains 11,951 square feet. The single story structure was constructed in the year 1926 and contains 1,332 square feet. The public interest and necessity require the property for the following reasons: 1. The Agency has entered into a Disposition and Development Agreement with Ralph Allen Associates dated April 6, 1981. The subject property is included in the Agreement with Ralph Allen Associates for redevelopment purposes. . 2. The redevelopment of property with improvements in excess of 50 years of age serves as an inducement for further redevelopment of surrounding areas within the Redevelopment Project Area. . The least private injury is demonstrated by the fact that only the first floor of the two-story structure is occupied. The second floor which contains 5,982 square feet is not and has not been occupied for in excess of twenty (20) years. The five tenants within the ground floor will receive relocation benefits pursuant to the relocation guidelines. The property is necessary for the project because it is required to conform to the Disposition and Development Agreement previously adopted by the Agency. The project is planned and located pursuant to hearings previously held by the Redevelopment Commission, the Planning Commission, and the Redevelopment Agency. The project will provide commercial and retail uses for the area and will represent a redevelopment of the property; thereby generating increased commercial and retail spaces, employment and additional tax base for the citizens of Santa Ana. Chairman Bricken requested to hear from the public in agreement and disagreement with the condemnation of this property. There being no comments, the Chairman closed the public hearing and entertained a motion regarding the adoption of Resolution 81-33. A motion was made by Mr. Griset, seconded by Mr. Serrato and carried by the following roll call vote to adopt Resolution 81-33: 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 RALPH ALLEN ASSOCIATES DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DIRECTING THE PUBLIC NECESSITY THEREFOR. AYES: Griset, Serrato, Acosta, Bricken, McGuigan, Luxembourger Markel None . NOES: ABSENT: RECESS At 2:14 P.M., the Chairman recessed the meeting. At 4:35 P.M., the meeting was reconvened with the same members present. -2- . . . REHABILITATION PROPOSAL- 301-317 WEST FOURTH STREET EXCLUSIVE RIGHT TO NEGOTIATE - Chairman Bricken asked for comments from Staff. Mr. Swanson stated that this was a proposal for an exclusive right to negotiate. The following persons appeared before the Agency to speak on this matter: Elizabeth Phillips c/o L.P. Hutton & Associates P.O. Box 302 Seal Beach, CA 90740 Glen Gellatly 190 Newport Center Drive Newport Beach, CA 92660 838 N. Van Ness Santa Ana, CA Dale Heinly After further discussion, a motion was made by Mr. Griset, seconded by Mr. Acosta and carried by a vote of 7:0 to grant a six-month exclusive right to negotiate to the association of Elizabeth Phillips, Louise Hutton, Audrey Phillips, Velma Freemen and Mas Uyesugi for the rehabilitation of property located at 301 and 317 West Fourth Street, subject to submission of advanced development drawings and detailed economic analysis of the proposed project within ninety (90) days of Agency approval of this recommendation. RECESS At 4:46 P.M., the Chairman recessed the meeting. At 9:53 P.M., the meeting was reconvened with the same members present. CONSENT CALENDAR ITEMS REMOVEP Mr. Markel requested that items 3.B. (Public Hearing to authorize Execution of Disposition and Development Agreement with Harold Nemetz), 4.A., 4.B., 4.C., 4.D. (Execution of Grant Deed conveying street right of way to the City of Santa Ana with Civic Center Medical Arts Partnership, Santa Ana Office Plaza, Parks ide Plaza, and OCTD Park-And-Ride), and 5.A. (Authority to cash good faith deposit and acquire participant parcels from Mohler-Vista) be taken off the consent calendar. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED On the approved 7:0 motion of Mr. Luxembourger, seconded by Mr. Acosta, the Agency approved the recommendations of Staff on the following consent calendar items: -3- I I . . . . MINUTES Approved Minutes of Regular Meeting held on March 16, 1981, Joint Meeting with City Council, and Special Meeting of Community Redevelopment Agency held on April 6,1981, and Special Meeting held on April 14,1981. PUBLIC HEARING TO AUTHORIZE EXECUTION OF COMMERCIAL REHABILITATION PARTICIPATION AGREEMENT WITH ODELLE MARKS, BLANCHE MARKS AND RONALD MARKS (402 W. FOURTH STREET) Set the date of May 18, 1981 for the Public Hearing to adopt Resolution authorizing execution of a Commercial Rehabilitation Participation Agreement with Odelle Marks, Blanche Marks and Ronald Marks. MINTER HOUSE, PUBLIC ACCESS PROVISION Authorized the Chairman to execute a Disposition and Development Agreement with Historic Restoration removing the requirement for a provision that the owners provide for public access. STATUS REPORT- PROGRAM COMMERCIAL REHABILITATION LOAN Received and filed. * * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * PUBLIC HEARING TO AUTHORIZE EXECUTION OF DISPOSITION AND DEVELOPMENT AGREEMENT WITH HAROLD NEMETZ Mr. Markel inquired whether Dr. Nemetz owned the property covered by the proposed Disposition and Development Agreement. The Executive Director responded that Dr. Nemetz did not own any property in the proposed development site. A motion was made by Mr. Griset, seconded by Mr. Luxembourger and carried by a vote of 6:1 (Mr. Markel casting the "NO. vote) to authorize staff to notice a public hearing on May 18,1981 for the adoption of a Disposition and Development Agreement with Dr. Harold Nemetz covering the development of a site fronting on the west side of Main Street between Nineteenth and Twentieth Streets to a depth of approximately 217 feet. EXECUTION OF GRANT DEED CONVEYING STREET RIGHT OF WAY TO THE CITY OF SANTA ANA (CIVIC CENTER MEDICAL ARTS PARTNERSHIP) -4- . . . Mr. Markel inquired as to why the Agency was making these conveyances without cost to the developers, whereas Ralph Allen Associates had to provide for this expense. The Community Development Director responded that Disposition and Development Agreements differ in the way they are structured and Mr. Allen was required to pay for the dedicated property necessary for the widening of Main Street. A motion was made by Mr. Luxembourger, seconded by Mr. Griset and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to authorize the Chairman of the Redevelopment Agency of the City of Santa Ana to execute a Grant Deed conveying property necessary for the widening of Ross Street to the City of Santa Ana. EXECUTION OF GRANT DEED CONVEYING STREET RIGHT OF WAY TO THE CITY OF SANTA ANA (SANTA ANA OFFICE PLAZA) A motion was made by Mr. Luxembourger, seconded by Mr. Griset and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to authorize the Chairman of the Redevelopment Agency of the City of Santa Ana to execute a Grant Deed conveying property necessary for the widening of Ross Street to the City of Santa Ana. EXECUTION OF GRANT DEED CONVEYING STREET RIGHT OF WAY TO THE CITY OF SANTA ANA (PARKSIDE PLAZA) A motion was made by Mr. Luxembourger, seconded by Mr. Griset and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to authorize the Chairman of the Redevelopment Agency of the City of Santa Ana to execute a Grant Deed conveying property necessary for the widening of Ross Street to the City of Santa Ana. EXECUTION OF GRANT DEED CONVEYING STREET RIGHT OF WAY TO THE CITY OF SANTA ANA (OCTD PARK-AND RIDE) A motion was made by Mr. Luxembourger, seconded by Mr. Griset and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to authorize the Chairman of the Redevelopment Agency of the City of Santa Ana to execute a Grant Deed conveying property necessary for the widening of Fifth Street to the City of Santa Ana. AUTHORITY TO CASH GOOD FAITH DEPOSIT AND ACQUIRE PARTICIPANT PARCELS FROM MOHLER VISTA A motion was made by Mr. Luxembourger, seconded by Mr. Griset and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to continue the authorization of the Executive Director to retain the $50,000 good faith deposit received -5- . . . from Mohler-Vista until July 20,1981. A motion was also made by Mr. Luxembourger, seconded by Mr. Griset and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) authorizing the staff to negotiate and the Chairman to execute an agreement with Mohler-Vista, on a form as approved by Agency Legal Counsel, to convey through escrow Assessor Parcel 005-104-10 for $83,000 and Assessor Parcel 005-103-25 for $85,670 to Mohler-Vista, which conveyance shall be concurrent with conveyance of the Sales Parcel as identified in that certain "Participation Agreement" between Agency and Mohler-Vista, dated February 19,1980, as amended by that certain "First Amendment to Participation Agreement" dated December 15, 1980. MAJOR COMMERCIAL REHABILITATION LOAN PROGRAM- ACTION RESOLUTION (RONALD MARKS & RCT DEVELOPMENT) OFFICIAL A motion was made by Mr. Luxembourger, seconded by Mr. Griset and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt Resolution 81-21: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING BOND ISSUES FOR THE FUNDING OF PERMANENT LOANS FOR REHABILITATION OF SPECIFIED PROPERTIES AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. MAJOR COMMERCIAL REHABILITATION (KEISER, 412 W. FOURTH STREET LOAN SALE PROGRAM NOTE A motion was made by Mr. Griset, seconded by Mr. Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt Resolution 81-24: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING $175,000 PROMISSORY NOTE TO WELLS FARGO BANK, PURSUANT TO THE MAJOR COMMERCIAL REHABILITATION LOAN PROGRAM. MAJOR COMMERCIAL REHABILTIATION PROGRAM - COMMERCIAL REHABILITATION PARTICIPATION AGREEMENT - HOROWITZ BROTHERS 1975 TRUST A motion was made by Mr. Griset, seconded by Mr. Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt Resolution 81-25: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A COMMERCIAL REHABILITATION AGREEMENT BETWEEN THE AGENCY AND DAVID L. HOROWITZ, ANDREW R. HOROWITZ, AND THOMAS W. HOROWITZ FOR PROPERTY AT 117 W. FOURTH STREET, and Resolution 81-26: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A TERMINATION OF AGREEMENT BETWEEN THE AGENCY AND THE JACKMAN FAMILY. -6- . . . MAJOR COMMERCIAL REHABILITATION PROGRAM - COMMERCIAL REHABILITATION PARTICIPATION AGREEMENT - BROADWAY IMPROVE- MENT CO., INC. (406 W. FOURTH STREET) A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt Resolution 81-27: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A COMMERCIAL REHABILITATION AGREEMENT BETWEEN THE AGENCY AND BROADWAY IMPROVEMENT COMPANY, INC., FOR PROPERTY AT 406 W. FOURTH STREET, and Resolution 81-28: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A TERMINATION OF AGREEMENT BETWEEN THE AGENCY AND ALL COAST TRADING COMPANY. MAJOR COMMERCIAL REHABILITATION PROGRAM - COMMERCIAL REHABILITATION PARTICIPATION AGREEMENT - BROADWAY IMPROVE- MENT CO., INC. (422 N. BROADWAY) A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt Resolution 81-29: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A COMMERCIAL REHABILITATION AGREEMENT BETWEEN THE AGENCY AND BROADWAY IMPROVEMENT COMPANY, INC., FOR PROPERTY AT 422 N. BROADWAY. MAJOR COMMERCIAL REHABILITATION PROGRAM - COMMERCIAL REHABILITATION AGREEMENT - STEVEN J. KEISER (412 W. FOURTH STREET) A motion was made by Mr. Griset, seconded by Mr. Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt Resolution 81-30: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A COMMERCIAL REHABILITATION AGREEMENT BETWEEN THE AGENCY AND STEVEN J. KEISER AND PAULA B. KEISER FOR PROPERTY AT 412 W. FOURTH STREET. EXTENSION OF EXCLUSIVE NEGOTIATION AGREEMENT WITH FEDERATED DEPARTMENT STORES, INC. A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt Resolution 81-31: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A FIFTH AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE AGENCY AND FEDERATED DEPARTMENT STORES, INC. OPERATOR FOR THE OCTD PARK AND RIDE GARAGE Mr. Serrato inquired as to whether it would be a problem having only one attendant during the rush hours. The Community Development Director responded that the need for -7- . . . additional attendants would be reviewed after the initial six months period of operation. Ms. McGuigan inquired as to whether the Systems proposal would automatically change the rate from $18.00 per month to $25.00 a month for parking within two years. The Community Development Director stated that staff was only requesting that Agency approve the operation plans for the first six months, after which it would be reviewed. Ms. McGuigan also inquired as to what would happen if the operator failed to live up to the provisions of his agreement. Mr. Ream responded that the agreement provides for Agency notification of default in the operation of the garage and provides for reasonable period for corrections to be made by operator. If these corrections are not made, the Staff would then request the Agency to cancel the Agreement and solicit proposals for a new operator. The Agency would have the option of operating the garage itself until a new operator is approved. After further discussion a motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried unanimously to adopt Resolution 81-32: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A MANAGEMENT AGREEMENT BETWEEN THE AGENCY AND SYSTEM PARKING, INC., FOR THE SANTA ANA PARK-AND-RIDE STRUCTURE, approve the Maintenance and Repair Budget, the Operations Plan and Budget, and the Marketing Plan as submitted by the Operator (six month plan/budget) and approve Parking Rate Schedule proposed by the Operator (six month trial period) as follows: .50,é - per hour $2.50 - per day $1.00 - early bird special (before 9:00 A.M.) $18.00 - per month ORAL COMMUNICATIONS Ms. Janice Boer spoke on the matter of the Mohler-Vista development expressing her wish that the Agency would work with the neighborhood on any future development of the site if Mohler-Vista failed to proceed. ADJOURNMENT There being no further business before the Community Redevelopment Agency the meeting was adjourned at 10:29 P.M. ~~ Gord~icken, Chairman ~~ Executive Director -8-