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HomeMy WebLinkAbout02/17/1987 . . . " MINUTES JOINT REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY/CITY COUNCIL FEBRUARY 17, 1987 The Joint Regular Meeting of Agency/City Council was called to 5: 35 P.M. in Council Chambers, 22 California. Following the Pledge roll was called: the Community Redevelopment order by Chairman Dan Young at Civic Center Plaza, Santa Ana, of Allegiance to the Flag, the PRESENT ABSENT John Acosta Daniel E. Griset Wilson Hart Ron May Patricia McGuigan, Vice Chairman Miguel A. Pulido Daniel H. Young, Chairman Others in Attendance: David N. Ream, City Manager Rex Swanson, Deputy City Manager/Development Services Ed Cooper, City Attorney Cynthia Nelson, Acting Executive Director/Community Development Robert Hoffman, Real Estate Manager Josie LaQuay, Project Manager Mellmary McNeely, Agency Secretary MINUTES It was moved by Agency Member Pulido, seconded by Agency Member Acosta and carried unanimously (7:0) that the Minutes of the Joint Regular Meeting, held on January 20,1987, be approved as received. JOINT PUBLIC HEARING REGARDING AGREEMENT WITH WAXIE'S ENTERPRISES, DISPOSITION INC. AND DEVELOPMENT Chairman Young announced that it 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 Disposition and Development Agreement between the Community Redevelopment Agency of the City of Santa Ana and Waxie's Enterprises, Inc., adding that the proposed project is located at the northwest corner of Fairview and Alton Streets. He then asked that staff identify the property or issues and give the staff recommendation. . . . The City Manager called upon Project Manager Josie La Quay to make the staff presentation. Project Manager Josie LaQuay presented a summary of the project proposed by Waxie Enterprises, Inc. She indicated that Waxie Enterprises, Inc. was presently operating a business in the South Harbor project area and had sought the Agency's assistance in locating to a new site to accommodate an expansion of their business. Agency staff, Waxie, and the property owner of the site located at Fairview and Alton have been in negotiations for several months. The terms of the proposed development agreement provide for the developer to advance the Agency funds necessary to assemble the property. The Agency's costs of the project will be $150,000 which serves as a business retention subsidy. When the Chairman asked for written communications, Secretary responded that there were none. the Agency The Chairman then advised that the Agency would like to hear from those people who desired to address the Agency on the issue, adding that they should step to the podium and limit their remarks to five minutes. David Young, Younger House Movers, 3120 S. Fairview, Santa Ana, addressed the Agency on behalf of his family as the tenant on the property. He indicated that they were not opposed to the project but that they would require adequate time to relocate their business. He felt that given the nature of the house storage business it would take them approximately one year to locate a replacement site. Agency Members asked staff if previous contact had been made with the tenant and the Project Manager responded that we had indeed previously notified the tenant of the Agency's intent to redevelop the property. After further discussion, the Chairman declared the public hearing closed and stated that he would now entertain a motion. It was moved by Agency Member Hart, seconded by Agency Member Acosta and carried unanimously (7:0) that the Community Redevelopment Agency: 1. Adopt Resolution No. 87-08: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AN AGREEMENT BETWEEN THE AGENCY AND WAXIE'S ENTERPRISES, INC.; 2. Approve the conceptual development plans submitted by Waxie's Enterprises, Inc.; and 3. by the Approve the budget and Redevelopment Commission. authorize implementation -2- . . . It was moved by Councilmember Hart, seconded by Councilmember Acosta and carried unanimously (7:0) that the City Council adopt: 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 WAXIE'S ENTERPRISES, INC. FOR THE SALE OF CERTAIN REAL PROPERTY IN THE SOUTH HARBOR BOULEVARD REDEVELOPMENT PROJECT AND APPROVING THE SALE OF SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS CONTAINED IN THAT AGREEMENT. FUND TRANSFER AND AGREEMENT FOR DAN HALE MEMORIAL SCULPTURE, SASSCER PARK FOUNTAIN (APPROPRIATION ADJUSTMENT NO. 113) Vice Chairman McGuigan indicated that she was pleased that the fountain sculpture was finally going to be installed but expressed disappointment of the fact that Agency funds had to be used rather than private donations. It was then moved by Agency Member Pulido, seconded by Agency Member May and carried unanimously (7: 0) to approve the repayment of $86,000 from the Central City Project Area Fund to the General Fund for the purpose of providing funds for the Dan Hale Memorial sculpture in the Sasscer Park fountain. It was further moved by Councilmember Pulido, seconded by Councilmember May and carried unanimously (7: 0) to: 1) approve Appropriation Adjustment No. 113 transferring $86,000 from the Central City Project Area Fund (Account 510-936-631) to the General Fund (Account 051-242-631) and accepting $13,900 from the Police Benevolent Association (PBA) for the purpose of providing funds for the Dan Hale Memorial sculpture in the Sasscer Park fountain; and 2) Authorize the City Attorney to prepare, and the Mayor to execute, an agreement with George Baker for design, construction and installation of the Dan Hale Memorial sculpture for the Sasscer Park fountain. ACQUISITION OF REAL PROPERTY LOCATED AT (A.P.N. 404-094-01) 303 SOUTH ORANGE AVENUE It was moved by Agency Member Hart, seconded by Agency Member Pulido and carried unanimously (7:0) to authorize the Chairman to execute all appropriate documents for acquisition of the real property at 303 South Orange Avenue from Lois M. Dawson for a purchase price of $130,000.00 DEMOLITION OF IMPROVEMENTS LOCATED ON THE A-8 SITE It was moved by Agency Member Pulido, seconded by Agency Member Hart and carried unanimously (7:0) to authorize payment to Pomona Valley Equipment Rentals, in the amount of $118,350.00, for the demolition of improvements located at 306 North Spurgeon Street, in the City of Santa Ana. -3- . " . STRATEGY PLANS FOR SOUTH HARHOR AND SOUTH MAIN PROJECT AREAS . After a brief discussion, it was moved by Agency Member Acosta, seconded by Vice Chairman McGuigan and carried unanimously (7:0) that the Agency continue this item until their meeting of March 17, 1987 to discuss the strategy plans in further detail during a work study session. EXECUTIVE SESSION None AGENCY AGENDA ITEMS There were none. COMMUNICATIONS FROM THE PUHLIC . Mr. Joe O'Campo, former tenant of the Mercado Huilding on East Fourth Street, addressed the Agency concerning his loss of goodwill claim. Mr. O'Campo indicated that he has been out of business since September, 1986 and has looked at over 25 replacement sites, all to no avail. He requested an advance of his goodwill payment to offset his "down time". Mr. O'Campo is disputing the $150,000 goodwill value as discussed with Agency staff. Mr. O'Campo's attorney, Richard Riemer, repeated the request for an advancement in the amount of $36,000. The City Attorney, in response to questions from the Agency, indicated that the burden ot proof of loss of goodwill is placed on the business owner. One cannot establish goodwill until such time as the business is reestablished at another location. In response to questions from the Agency, the City Attorney responded that an advance payment of goodwill was not appropriate. After further discussion, the Agency Members directed staff to meet with Mr. O'Campo and his counsel to resolve the payment issue. The City Manager indicated that this matter would be scheduled for discussion at the March 17 Agency meeting. ADJOURNMENT The r e be ing meeting was no further business to come before the Agency, the "jo,".,' " ,," ,...~ . Executive Director -4-