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HomeMy WebLinkAbout02/17/1981 . . . . /> ¡-1 " MINUTES JOINT MEETING WITH CITY COUNCIL AND REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY SANTA ANA, CALIFORNIA FEBRUARY 17, 1981 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 Chairman Luxembourger at 1:10 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. Serrato, roll was called: PRESENT ABSENT Daniel Griset Gordon Bricken (1:53 P.M.) Al Serrato James Ward (1:41 P.M.) Robert Luxembourger J. Ogden Markel Harry Yamamoto 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 Robert Clayton, Rehabilitation Planning Specialist Laura Garcia, Secretary PUBLIC HEARING FOR THE PROPOSED SALE BY THE COMMUNITY REDEVELOPMENT AGENCY TO HISTORIC RESTORATION & ENVIRONMENTAL FINDINGS RELATED THERETO Chairman Luxembourger stated that this public hearing would be postponed until Mr. Ward and Mr. Bricken arrived. MINUTES A motion was made by Mr. Serrato, seconded by Mr. Luxembourger and carried unanimously to approve the Minutes of the Regular Meeting held on January 19,1981. RALPH ALLEN ASSOCIATES DEVELOPMENT Chairman Luxembourger stated that this development agreement would be postponed until Mr. Ward and Mr. Bricken arrived. DISPOSITION AND DEVELOPMENT AGREEMENT WITH ALLAN FAINBARG A motion was made by Mr. Serrato, seconded by Mr. Griset and carried by a vote of 4:1 (Mr. Markel casting the "NO" vote) to authorize staff to notice a public hearing on March 16, 1981 for the adoption of a Disposition and Development Agreement with Mr. Allan Fainbarg. . . . . EXECUTION OF GRANT DEED AND DECLARATION OF RESTRICTIONS WITH STEPHEN LAWRENCE PHILIPSON A motion was made by Mr. Griset, seconded by Mr. Serrato and carried by a vote of 4:1 (Mr. Markel casting the "NO" vote) to authorize the Chairman to execute a Grant Deed and Declaration of Restrictions with Stephen Lawrence Philipson covering the conveyance of property pursuant to the Disposition and Development Agreement dated February 19, 1980. EXECUTION OF GRANT DEED AND DECLARATION OF RESTRICTIONS WITH SANTA ANA CITY EMPLOYEES CREDIT UNION A motion was made by Mr. Griset, seconded by Mr. Serrato and carried by a vote of 4:1 (Mr. Markel casting the "NO" vote) to authorize the Chairman to execute a Grant Deed and Declaration of Restrictions with Santa Ana City Employees Credit Union covering the conveyance of property pursuant to the terms of the Disposition and Development Agreement dated February 19,1980. EXECUTION OF GRANT DEED AND DECLARATION OF RESTRICTIONS WITH SANTA ANA INTOWN APARTMENTS A motion was made by Mr. Griset, seconded by Chairman Luxembourger and carried by a vote of 4:1 (Mr. Markel casting the "NO" vote) to authorize the Chairman to execute a Grant Deed and Declaration of Restrictions with Santa Ana Intown Apartments covering the conveyance of Subparcel 2 of Phase II pursuant to Contract for Sale of Land dated May 2, 1977 and amended June 2,1980 between the Agency and Santa Ana Intown Apartments. EXECUTION OF GRANT DEED AND DECLARATION OF RESTRICTIONS WITH CIVIC CENTER MEDICAL ARTS PARTNERSHIP A motion was made by Mr. Serrato, seconded by Mr. Griset and carried by a vote of 4:1 (Mr. Markel casting the "NO" vote) to authorize the Chairman to execute a Grant Deed and Declaration of Restrictions with Civic Center Medical Arts Partnership pursuant to Owner Participation Agreement dated October 15,1979 between the Agency and Warren K. Van Ingen, Pete Van Ruiten and Mary Van Ruiten and assigned to Civic Center Medical Arts Partnership. ORAL COMMUNICATIONS - AGENDA DELIVERY Mr. Yamamoto stated that he wished to abstain from items 5A through 5G due to the fact that he did not receive his packet until 12:30 P.M. (Tuesday, February 17,1981) and did not have a chance to go through it and wondered why Mr. Serrato received his earlier. Chairman Luxembourger requested that staff make a written report, to all the members of the Agency, on the findings of why Mr. Yamamoto received his packet late. RECESS At 1:34 P.M., the Chairman recessed the meeting. At 1:39 P.M., the meeting was reconvened with the same members present. -2- . . . . SECOND AMENDMENT KEISER, ET UX TO PARTICIPATION AGREEMENT WITH STEVEN J. Mr. Markel left the meeting (1:39 P.M.). A motion was made by Mr. Griset, seconded by Mr. Serrato and carried by a vote of 3:0 (Mr. Yamamoto abstained) to adopt Resolution 81-6: 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 SECOND AMENDMENT TO PARTICIPATION AGREEMENT BETWEEN THE AGENCY AND STEVEN J. KEISER AND PAULA B. KEISER. SECOND AMENDMENT AND ASSIGNMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT WITH ROSS AND FIFTH DEVELOPMENT COMPANY A motion was made by Mr. Serrato, seconded by Mr. Griset and carried by a vote of 3:0 (Mr. Yamamoto abstained) to adopt Resolution 81-7: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE AGENCY TO EXECUTE AN AMENDMENT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND ROSS AND FIFTH DEVELOPMENT COMPANY AND TO CONSENT TO THE ASSIGNMENT THEREOF TO SANTA ANA OFFICE PLAZA, A JOINT VENTURE. EXECUTION OF A GRANT OF EASEMENT TO VELMA L. FREEMAN AND HOLLIS WILCOX WITHIN THE ROSS AND FIFTH DEVELOPMENT COMPANY SITE A motion was made by Mr. Serrato, seconded by Mr. Griset and carried by a vote of 3:0 (Mr. Yamamoto abstained) to adopt Resolution 81-8: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A GRANT OF EASEMENT TO VELMA L. FREEMAN AND HOLLIS WILCOX. PURCHASE OF SURPLUS REAL PROPERTY FROM THE CITY OF SANTA ANA IN THE REDEVELOPMENT PROJECT AREA Mr. Markel returned to the meeting (1:40 P.M.). A motion was made by Mr. Griset, seconded by Chairman Luxembourger and carried by a vote of 3:1 (Mr. Yamamoto abstained; Mr. Markel casting the "NO" vote) to adopt Resolution 81-9: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE PURCHASE OF CERTAIN REAL PROPERTY FROM THE CITY OF SANTA ANA. EXTENSION OF EXCLUSIVE NEGOTIATION AGREEMENT WITH FEDERATED DEPARTMENT STORES, INC. Mr. Ward arrived (1:41 P.M.). A motion was made by Mr. Griset, seconded by Mr. Serrato and carried by a vote of 4:1 (Mr. Yamamoto abstained; Mr. Markel casting the "NO" vote) to adopt Resolution 81-10: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A FOURTH AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE AGENCY AND FEDERATED DEPARTMENT STORES, INC. -3- . . . . ~ MAJOR COMMERCIAL REHABILITATION PROGRAM - COMMERCIAL REHABILITATION PARTICIPATION AGREEMENT/BARBARA MATHEWSON A motion was made by Mr. Serrato, seconded by Mr. Griset and carried by a vote of 4:1 (Mr. Yamamoto abstained; Mr. Markel casting the "NO" vote) to adopt Resolution 81-11: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A COMMERCIAL REHABILITATION PARTICIPATION AGREEMENT BETWEEN, THE AGENCY AND BARBARA MATHEWSON. MAJOR COMMERCIAL REHABILITATION PROGRAM - COMMERCIAL REHABILITATION AGREEMENT/RAMONA BUILDING PARTNERSHIP A motion was made by Mr. Serrato, seconded by Mr. Griset and carried by a vote of 4:1 (Mr. Yamamoto abstained; Mr. Markel casting the "NO" vote) to adopt Resolution 81-12: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A COMMERCIAL REHABILITATION PARTICIPATION AGREEMENT BETWEEN THE AGENCY AND THE RAMONA BUILDING PARTNERSHIP. PUBLIC HEARING FOR THE PROPOSED SALE BY THE COMMUNITY REDEVELOPMENT AGENCY TO HISTORIC RESTORATION & ENVIRONMENTAL FINDINGS RELATED THERETO Chairman Luxembourger 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 by the Community Redevelopment Agency of the City of Santa Ana to Historic Restoration and environmental findings in relation thereto, bounded on the north by Third Street, on the West by Birch Street, on the south by a line 75 feet south of Third Street, and on the east by a line 145 feet east of Birch Street. The Redevelopment Rehabilitation Planning Specialist displayed a map of the property proposed to be sold by the Agency and described the proposed development. He stated that Mr. Dave Marshall, of the Historic Restoration Partnership, was in the audience to answer any questions concerning the proposed development. The Chairman announced that the Agency would now like to hear from those people who desired to address the Agency on this issue. He added that if anyone desired to address the Agency, they should step forward to the podium, give their name and address and limit their comments to five minutes. Chairman Luxembourger requested to hear from those persons in agreement and disagreement with the environmental findings or the proposed sale. There being none, he asked if there were any additional comments from staff, or if the Agency members had any questions. Mr. Ward asked if this Historical House would be accessible for the public. Mr. Ream stated that the proposed agreement guaranteed no access for the public. Chairman Luxembourger stated that he believed that it should be opened to the public as a Historical Structure with the permission of the owner. After further discussion Mr. Dave Marshall of the Historic Partnership spoke on this subject. -4- f . . . . Atter further discussion, the Chairman closed the public hearing and entertained a motion regarding the environmental findings. A motion was made by Mr. Ward, seconded by Mr. Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt Resolution 81-4: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HISTORIC RESTORATION FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY IN THE SANTA ANA REDEVELOPMENT PROJECT. Mayor Ward 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 Luxembourger, seconded by Councilman Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt Resolution 81-22: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING ENVIRONMENTAL FINDINGS NECESSARY FOR THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HISTORIC RESTORATION FOR THE SALE AND DEVELOPMENT OF THAT CERTAIN REAL PROPERTY IN THE SANTA ANA REDEVELOPMENT PROJECT. A motion was made by Councilman Luxembourger, seconded by Councilman Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt, subject to a provision, in a form determined by the City Attorney, that the owners provide for public access, Resolution 81-23: 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 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HISTORIC RESTORATION 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 DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO. Chairman Luxembourger stated that the Chair would now entertain a motion of the Agency regarding the proposed sale. A motion was made by Mr. Ward, seconded by Mr. Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt, subject to a provision, in a form determined by the City Attorney, that the owners provide for public access, Resolution 81-5: 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 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AND HISTORIC RESTORATION 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 DISPOSITION AND DEVELOPMENT AGREEMENT PERTAINING THERETO. A motion was made by Mr. Ward, seconded by Mr. Serrato and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to adopt the proposed budget and authorize its implementation by the Community Redevelopment Commission. RALPH ALLEN ASSOCIATES DEVELOPMENT Mr. Bricken arrived (1:53 P.M.). -5- . . . . Mr. Ralph Allen and Mr. Montejano spoke on this subject. Mr. Ward expressed concern regarding the small size of the building but stated that adequate parking could not be provided on-site for a larger development. Chairman Luxembourger inquired regarding the cost of rehabilitating the structure at Fifth and Main Streets. Mr. Allen responded that his studies indicated that it was not economically feasible to restore that structure. Discussion followed regarding the size of and justification for the Agency write down. After a lengthy discussion, a motion was made by Mr. Ward, seconded by Mr. Serrato and carried by the following roll call vote to approve the following recommendations: 1. Direct staff to prepare a Disposition and Development Agreement with Ralph Allen Associates for the development of the west side of Main Street between Fifth Street and Santa Ana Boulevard. 2. Authorize staff to notice a public hearing on March 16, 1981 for the purpose of entering into a Disposition and Development Agreement conveying land to Ralph Allen Associates. 3. Authorize staff to prepare and present notices advising the property owners of Asessor Parcels 00B-057-06 (Allan Fainbarg, Sara Fainbarg, Florence Fainbarg and Clara Clem) and 008-057-07 (Sotiros P. Grillias and Albert A. Alves) of the Agency's intent to hold public hearings for the purpose of adopting Resolutions of Necessity at its meeting of March 16, 1981. AYES: NOES: ABSENT: Bricken, Serrato, Ward, Yamamoto, Luxembourger Griset, Markel None ADJOURNMENT There being no further business before the Community Redevelopment Agency, the meeting was adjourned at 3:28 P.M. ~ Executive Director -6-