HomeMy WebLinkAbout2018-077 - Direct Negotiations for the Sale of Portions of CIty-Owned Real Propertyjmf 10/16/2018
RESOLUTION NO. 2018-077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING DIRECT NEGOTIATIONS FOR
THE SALE OF PORTIONS OF CITY -OWNED REAL
PROPERTY AT 1301 WEST 12TH STREET AND 1305 WEST
12TH STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. In 2016 and 2017, during the course of the Bristol Street Improvements
Project, the City acquired the adjacent real property at 1301 West 12th Street
and 1305 West 12th Street.
B. The portions of these properties that will remain after the Bristol Project is
completed have not been, and will not be, used by the City and are being held
for purposes of exchange or sale.
C. The owner of the property immediately north of 1301 West 12th Street and
1305 West 12th Street, known as Marshall -Kelley, LLC, operates that property
on a commercial basis. Marshall -Kelley, LLC has expressed interest to
acquire portions of the real property at 1301 West 12th Street and 1305 West
12th Street to upgrade its overall site and expand parking that was adversely
impacted by the Bristol Project. These properties are of irregular size and
shape, are zoned commercially, and have little or no independent utility.
D. Santa Ana Municipal Code section 2-706 establishes the procedures for the
sale of City -owned surplus real property. Under these procedures, following
council authorization for sale, City -owned surplus real property shall be sold
by competitive bidding to the highest bidder subject to final authorization of
the City Council.
E. As permitted by Santa Ana Municipal Code section 2-709, the sale of City -
owned real property may be exempted from this manner of sale upon 2/3 vote
of the City Council after a duly noticed public hearing, whereby the sale may
instead be made upon a basis of direct negotiations without the necessity for
public auction or competitive bidding, when the authority to so negotiate has
been granted by the City Council.
Resolution No. 2018-077
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F. On October 16, 2018, the City Council held a duly noticed public hearing after
which a 2/3 majority of the City Council voted to exempt the sale of portions of
the real property at 1301 West 12th Street and 1305 West 12th Street from
competitive bidding and authorize direct negotiations for their sale with
Marshall -Kelley, LLC.
Section 2. The City Council of the City of Santa Ana hereby exempts the sale
of portions of the City -owned real property at 1301 West 12th Street and 1305 West 12th
Street from the competitive bidding procedures in Santa Ana Municipal Code section 2-
706 and authorizes the City Manager or his or her designee to negotiate directly for their
sale with Marshall -Kelley, LLC, in accordance with Santa Ana Municipal Code section 2-
709.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 16th day October, 2018,
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
r-�
By:
J n M. Funk
Assistant City Attorney
AYES Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2018-077
Page 2 of 3
Benavides, Pulido Sarmiento Solorio,
Villegas (5)
Martinez (1)
None (0)
Tinaiero (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council
Resolution No 2018-077 to be the original
City of Santa Ana on October 16, 2018.
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2018-077
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