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Home My WebLink About03/18/1986 . . . MINUTES OF THE ADJOURNED REGULAR. MEETING OF THE COMMUNITY UDEVELOPIIENT AGENCY SANTA ANA, CALIFORNIA MAllCK 18, 1996 r.A 11 RD TO ORDER 7:11 P.M. ATTENDANCE REDEVELOPMENT AGENCY MEMBERS Present: MIGUEL PULIDO, Chairman ROBERT L. RICHARDSON, Vice Chairman TONY ESPINOZA TOM LUTZ PATRICIA MCGUIGAN LISA MILLS TED R MORENO STAFF Present: DAVID REAM, City Manager DEBRA KURITA, Assistant City Manager EDWARD COOPER, City Attorney CYNTHIA NELSON/Executive Director 1. OWNER PARTICIPATION AGREEMENT WITH DSL SERVICE COMPANY Ifot;ion: Direct the Agency Attorney to prepare, and authorize the Chairman and the Executive Director to execute, an Owner Participation Agreement with DSL Service Company for the site located at the southeast corner of Harbor Boulevard and HcFadden Avenue for development of a $25 million retail center of approximately 265,000 square feet. MOTION: McGuigan SECOND: Lutz VOTE: Espinoza, Lutz, McGuigan, Moreno, Pulido, Richardson Mills AYES: NOES: ABSENT: ORAL COMMUNICATIONS/PUBLIC COMMENTS: None ADJOURNMENT The meeting adjourned at 7:12 p.m. . . . f)1( , ".' MINUTES JOINT REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY/DOWNTOWN DEVELOPMENT COMMISSION MARCH 18, 1986 The Joint Regular Meeting of the Community Redevelopment Agency/Downtown Development Commission was called to order, by Chairman Griset, at 5:50 P.M. in the Council Chambers, 20 Civic Center Plaza, Santa Ana, California. Following the Pledge to the Flag, the Invocation was given by Agency Member McGuigan. The roll was then called: PRESENT ABSENT John Acosta Daniel Griset, Chairman Wilson Hart P. Lee Johnson, Vice Chairman Robert Luxembourger (7:05 P.M.) Patricia McGuigan Dan Young Others in Attendance: Robert C. Bobb, City Manager Edward J. Cooper, City Attorney Rex Swanson, Deputy City Manager/Development Services David N. Ream, Executive Director/Economic Development Robert Hoffman, Real Estate Manager Mellmary McNeely, Agency Secretary EXECUTIVE SESSION The Meeting was adjourned to Executive Session at 5:58 P.M. The Agency Secretary read the following statements: "THE CITY ATTORNEY REQUESTS THAT THE CITY COUNCIL RECESS TO CLOSED SESSION, PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (A) TO CONFER WITH ITS ATTORNEY REGARDING PENDING LITIGATION WHICH HAS BEEN INITIATED FORMALLY AND TO WHICH THE CITY IS A PARTY. THE TITLE OF THE LITIGATION IS ALLIANCE ETC. ET AL VS. THE COMMUNITY REDEVELOPMENT AGENCY; COMMUNITY REDEVELOPMENT AGENCY VS. KAHN." "THE CITY ATTORNEY REQUESTS THAT THE CITY COUNCIL RECESS TO CLOSED SESSION TO CONFER WITH ITS ATTORNEY REGARDING PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (B) (1)." . . . "THE CITY ATTORNEY REQUESTS THAT THE CITY COUNCIL RECESS TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.8 TO GIVE INSTRUCTION TO THE CITY'S NEGOTIATOR REGARDING NEGOTIATIONS WITH LENORA SPROUL CONCERNING THE PURCHASE OF THE PROPERTY LOCATED AT 204 EAST OWENS DRIVE." The Agency Members returned to the Council Chambers P.M. with all those formerly present in attendance. at 7:00 MINUTES It was moved by Agency Member McGuigan, seconded by Agency Member Acosta and carried unanimously (6:0) that the Minutes of the Special Meetings held January 11, 1986 and March 3, 1986 and the Joint Regular Meetings held January 21, 1986 and February 18, 1986 be approved as received. PUBLIC HEARING TO ADOPT RESOLUTION NO. 86-10 DIRECTING CONDEMNATION OF PROPERTY WITHIN THE A-8 REDEVELOPMENT SITE (207 EAST FOURTH STREET, ASSESSOR PARCEL NO. 398-327-03) Chairman Griset announced that it was the time and place for the public hearing on the issue of the public necessity to acquire by condemnation properties identified by Assessor Parcel Numbers as Book 398, Page and Block 327, Parcels 03 and 05 and as Book 398, Page and Block 503, Parcels 04, 06, 07, 08 amd 09 for redevelopment purposes. He then asked staff to identify the properties and the project and to comment on the factors and evidence necessitating the condemnation action. He asked that staff set forth why the public interest and necessity require the project; why the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; why the properties sought to be acquired are necessary for the project; and, whether or not the offers as required by Section 7267.2 of the Government Code have been made to the owners of record, or any offer has not been made because the owners could not be located with reasonable diligence. The Real Estate Manager stated that staff was pleased to bring the Fiesta Marketplace project before the Agency because of the high degree of owner participation in it. He then called the attention of the Agency Members to a site map and pointed out the properties which were to be rehabilitated by their owners, those properties already acquired by the Agency and those which were to be acquired by eminent domain. He pointed out the sites for the two parking facilities which will be built to service this proposed development. He then made a comprehensive slide presentation on the subject site. 2. . . . Following the slide presentation, he pointed out that the Disposition and Development Agreement for the Fiesta Marketplace had been executed in August of 1985 and that this project would provide clean, safe and decent retail and theatrical facilities for the community. He added that staff felt that this proposed project would have broad appeal to the community. He stated that in February, 1986, the Agency approved the execution of Owner Participation Agreements which would cover a total of approximately ten buildings. He added that the five properties to be acquired by eminent domain were: 207 East Fourth Street (Assessor owned by Robert C. and Helen Garcia. 213 and 215 East Fourth Street (Assessor 398-327-05) owned by William S. Doddridge. No. 398-327-03) Parcel Parcel No. 214 East Fourth Street (Assessor Parcel owned by John Fainbarg and Meryl Fainbarg. 220 East Fourth Street (Assessor Parcel owned by Raymond S. and Joyce D. Figurski. No. 398-503-04) No. 398-503-06) 302-310 North Spurgeon, 213 East Third Street and 307 N. Bush Street (Assessor Parcel Nos. 398-503-07, 08 and 09) owned by the Dusek Family Trust. The Real Estate Manager stated that the Agency was authorized by the State of California to exercise eminent domain and that, after condemnation actions are completed, these properties will be conveyed to the Fiesta Marketplace Partners for redevelopment purposes and/or developed by the Agency for parking purposes. He added that all of the subject properties are required so that the project will be successful, self-sufficient and self-supporting. He stated that the owners of these five properties had been extended the opportunity to participate and had declined. He added that the Agency had made offers to these owners based upon on fee appraisals and each had declined to accept said offers. He pointed out that staff felt that the Fiesta Marketplace project would be significant and would cause a minimum of private hardship. He added that the Agency would be required to pay just compensation and that all of the businesses would be entitled and extended relocation payments. The Chairman ascertained from the Agency Secretary that there were no written communications. He then stated that the Agency would like to hear from those people who desired to address the Agency on this issue, adding that those who wished to speak should step forward to the podium give their name and address 3. ~limit thoi' oo..on" to fj" m'no",- Ho poin'" ou' thot each person speaking should keep in mind the requirements of Section 1245.235 of the Code of Civil Procedure and that any comments should only address four issues: . . . 1. Whether project; the public and require the interest necessity 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the properties sought to be for the project; or, acquired are necessary 4. Whether an offer, as required by Section 7267.2 of the Government Code, has been made to the record owner. There being no comments from the public or Agency Chairman declared the pubic hearing closed. Members, the It was then moved by Vice Chairman Johnson, seconded by Agency Member Young and carried unanimously (6:0) that the Agency adopt Resolution No. 86-10: 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 A-8 DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR (207 EAST FOURTH STREET). PUBLIC HEARING TO ADOPT RESOLUTION NO. 86-11 DIRECTING CONDEMNATION OF PROPERTY WITHIN THE A-8 REDEVELOPMENT SITE (213 AND 215 EAST FOURTH STREET, ASSESSOR PARCEL NO. 398-327-05) It was moved by Vice Chairman Johnson, seconded by Agency Member Young and carried unanimously (6:0) that the Agency adopt Resolution No. 86-11: 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 A-8 DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR (213 AND 215 EAST FOURTH STREET). PUBLIC HEARING TO ADOPT RESOLUTION NO. 86-12 DIRECTING THE CONDEMNATION OF PROPERTY WITHIN THE A-8 REDEVELOPMENT SITE (213 EAST FOURTH STREET, ASSESSOR PARCEL NO. 398-503-04) It was moved by Vice Chairman Johnson, seconded by Agency Member Young and carried unanimously (6:0) that the Agency adopt Resolution No. 86-12: A RESOLUTION OF THE COMMUNITY 4. . . . REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR REDEVELOPMENT PURPOSES IN THE A-8 DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR (214 EAST FOURTH STREET). PUBLIC HEARING TO ADOPT RESOLUTION NO. 86-13 DIRECTING CONDEMNATION OF PROPERTY WITHIN THE A-8 REDEVELOPMENT SITE (220 EAST FOURTH STREET, ASSESSOR PARCEL NO. 398-503-06) It was moved by Vice Chairman Johnson, seconded by Agency Member Young and carried unanimously (6:0) that the Agency adopt Resolution No. 86-13: 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 A-8 DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR (220 EAST FOURTH STREET). PUBLIC HEARING TO ADOPT RESOLUTION NO. 86-14 DIRECTING CONDEMNATION OF PROPERTY WITHIN THE A-8 REDEVELOPMENT SITE (302-310 NORTH SPURGEON, 213 EAST THIRD STREET AND 307 NORTH BUSH STREET, ASSESSOR PARCEL NO. 398-503-07, 08 AND 09) It was moved by Vice Chairman Johnson, seconded by Agency Member Young and carried unanimously (6:0) that the Agency adopt Resolution No. 86-14: 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 A-8 DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR (302-310 NORTH SPURGEON, 213 EAST THIRD STREET AND 307 NORTH BUSH STREET). ASSIGNMENT OF LEASE BANK OF CALIFORNIA AGREEMENT BETWEEN THE AGENCY LLOYDS AND It was moved by Vice Chairman Johnson, seconded by Agency Member McGuigan and carried unanimously (6:0) that the Agency authorize the Chairman of the Community Redevelopment Agency of the City of Santa Ana to execute an assignment of the existing Lease Agreement between L1oyds Bank of California and the Agency to Fourth and Main Associates. AWARD OF CONTRACT FOR PROJECT 9255-C FOR SANTA ANA AUTO MALL LANDSCAPE IMPROVEMENTS AND APPROPRIATION ADJUSTMENT NO. 178 Agency Member Acosta stated that he did not intend to support this award of contract and wished to remind the Agency Members of the problems the City had encountered with the proposed contractor relative to past services to the City. 5. . . . " In response to Chairman Griset's comment regarding the disqualification of Hondo Company in the past for failure to pay the prevailing wage scale, the Deputy City Manager/Development Services stated that the City had referred the matter to the State Board for the necessary disciplinary actions. He added that Hondo had, since that time, successfully completed two additional projects for the City. After further discussion, it was moved by Agency Member McGuigan, seconded by Vice Chairman Johnson and carried by a vote of 5: 1 (Agency Member Acosta voting "NO") that the Agency approve the repayment to the General fund (Account 011-013-850) of $1,781,180.00 of the loan to the South Harbor Redevelopment Project Area fund (Account 544-936-811) and accept a loan from the General Fund (Account 011-013-850) of $1,781,180.00 to the South Main Redevelopment Project Area fund for the Auto Mall Project (Accounts 550-936-631 and 550-939-791). APPROVAL TO THE A-9 SITE RESCIND DISPOSITION AND DEVELOPMENT AGREEMENT ON In view of the fact that an alternate proposal had been presented to the Agency, it was moved by Agency Member Young, seconded by Agency Member Hart and carried by a vote of 5:1 (Agency Member Acosta voting "NO") that the Agency approve the Settlement and Release Agreement and the Amendment to the Disposition and Development Agreement on the A-9 site. DEFERRED LOAN FOR REHABILITATION OF THE MASONIC CORRESPONDING APPROPRIATIONS ADJUSTMENT NO. 185 TEMPLE AND It was moved by Vice Chairman Johnson, seconded by Agency Member Young and carried unanimously (6:0) that the Agency approve a $400,000 seven (7) year, zero interest deferred loan secured by a trust deed to CM Properties, Inc. to provide the gap financing required to facilitate the rehabilitation of the Masonic Temple. REQUEST FOR PROPOSALS FOR THE C-8 SITE It was moved by Agency Member Young, seconded by Agency Member Acosta and carried unanimously (6:0) that the Agency delay issuance of the Request for Proposals for the subject site pending resolution of the freeway widening issues. AGENCY ITEMS It was moved by Agency Member Hart, seconded by Agency Member Young and carried unanimously (6:0) that the Agency authorize the City's negotiator to settle the acquisition of the property 6. . . . located at 204 E. amount of $124,000. Owens Drive, owned by Lenora Sproul, in the Agency Member Luxembourger arrived in 7:05 P.M. ADJOURNMENT the at Chambers Council There being no further business to come before the Agency, the meeting was adjourned at 7:15 P.M. ~j~ Executive Director ~ Daniel E. Griset Chairman 7.