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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />NOVEMBER 21, 2017 <br />TITLE: <br />PURCHASE AND SALE AGREEMENT FOR <br />PORTIONS OF CITY -OWNED REAL <br />PROPERTY AT 827, 829, AND 907 NORTH <br />BRISTOL STREET FOR BRISTOL STREET <br />IMPROVEMENTS PROJECT PHASE 3A; <br />AND APPROPRIATION ADJUSTMENT <br />(PROJECT NO. 136792 NONGENERAL <br />FUND) <br />(STRATEGIC PLAN NOS. 6, 1G; 3,2C) <br />CI MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1� Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />1. Authorize the City Manager and Clerk of the Council to execute a purchase and sale <br />agreement with In -N -Out Burgers, a California corporation, for the sale of City -owned property <br />located at 827, 829, and 907 North Bristol Street in the amount of $905,000, subject to non - <br />substantive changes approved by the City Manager and City Attorney. <br />2. Approve an appropriation adjustment recognizing revenue in the amount of $603,482 in the <br />Select Street Construction Fund revenue account for Fiscal Year 2017-18 from sale of City - <br />owned property located at 827, 829, and 907 North Bristol Street and appropriating the same <br />into the OCTA Bristol Street Corridor Improvements expenditure account. Receipt of <br />Measure M Street Construction proceeds of $301,518 will be disbursed to the Orange County <br />Transportation Authority. <br />BACKGROUND <br />In -N -Out Burgers operates a drive-through restaurant immediately adjacent to the subject <br />properties at 827, 829, and 907 North Bristol Street (APN 405-262-21, -22, and -23). In -N -Out <br />Burgers has approached the City to help resolve their drive-through, spill-over traffic issues. Due <br />to the restaurant's popularity, spill-over traffic regularly backs up on Bristol Street far enough to <br />block sidewalks, adjacent business driveways, and pedestrian crosswalks, interfering with regular <br />traffic. As a result, City staff has received numerous complaints from adjacent businesses, <br />residents, and neighborhoods, including threats of legal action. The negotiation of the sale of the <br />properties was contingent on a redesign of the restaurant's site plan and mitigating the spill-over <br />traffic issue. City staff has been working proactively with In -N -Out Burgers and has reviewed a <br />20B-1 <br />