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Council discussion ensued. Mayor Pro Tern Tinajero commented on <br />developer's commitment to not flip project. Staff indicated that not <br />uncommon for assignment of project to be transferred; prohibition <br />extended through April, 2014; council would have to agree to remove <br />prohibition; current development agreement cannot transfer without <br />approval; language may be added to modified development agreement; <br />future transfers require City Council approval. <br />Councilmember Sarmiento noted Planning Commission's discussion on <br />Council approval authority. <br />Mayor Pulido agreed to friendly amendment to the motion to include <br />language on transfer. <br />Greg Powers with Jackson, DeMarco, Tidus, and Peckinpaugh, attorney <br />representing the Genesis Real Estate Group, agreed to terms. <br />Gordon Ip, Principal of Genesis Real Estate Group, assured City Council <br />that site will be developed and expressed commitment to fully develop <br />project (existing 270 units no change in spacing, will return for approval of <br />study on mid-rise component). <br />Councilmember Sarmiento noted City Council expectation to develop site. <br />Planning and Building Executive Director Jay Trevino commented on <br />council discretion limited because transfer needs cause for not approving; <br />noted that developer successfully completed similar projects in <br />surrounding cities. Mayor Pulido withdrew friendly amendment to motion. <br />Councilmember Martinez commented on history of site; project will create <br />jobs. <br />Councilmember Benavides noted that City Attorney's Office has opined <br />that he does not have a conflict of interest since Prudential has separate <br />legal entities. <br />MOTION: <br />1. Place ordinance on first reading and authorize publication of title. <br />ORDINANCE NO. NS-2849 - AN ORDINANCE OF THE CITY <br />COUNCIL OF THE CITY OF SANTA ANA APPROVING A SECOND <br />AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF <br />SANTA ANA AND VDC AT THE MET, LLC, A CALIFORNIA LIMITED <br />LIABILITY COMPANY <br />2. Adopt a resolution. <br />CITY COUNCIL MINUTES 20 AUGUST 5, 2013