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HomeMy WebLinkAbout11/17/1980 . . . . MINUTES REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY SANTA ANn, CALIFORNIA NOVEMBER 11, 1980 The Regular Meeting of the Community Redevelopment Agency of the City of Santa Ana was called to order by Chairman Robert Luxembourger at 1:00 P.M. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. After the pledge to the Flag and the Invocation given by the Chairman, roll was called: PRESENT ABSENT Daniel Griset Al Serra to Gordon Bricken (1:30) James Ward Robert Luxembourger Harry Yamamoto J. Odgen Markel Others in Attendance: David N. Ream, Executive Director Thomas E. Hammil1, Agency Real Estate A. J. Wilson, City Manager Edward J. Coope~, City Attorney Laura Garcia, Secretary Officer ANNUAL AUDIT REPORT: BIENNIAL PUBLIC HEARING REPORT Chairman Luxembourger called the Community Redevelopment Agency of the City of Santa Ana to order. He announced that this was the time and place set for the Biennial Public Hearing on the amended Redevelopment Plan of the City of Santa Ana Community Redevelopment Project pursuant to California Health and Safety Code 33348.5 of the Community Redevelopment Law. He also stated that the purpose of this hearing was to review the amended Redevlopment Plan for the City of Santa Ana Community Redevelopment Project and to evaluate its progress. He declared the public hearing open. Chairman Luxembourger stated that we would first have the Staff presentation followed by Public Testimony. Mr. Ream stated that Mr. Peter Grams, Housing Programs Administrator, would give a brief presentation. Mr. Grams gave a description of the projecti, including the boundaries of the Project Area and the Redevelopment Plan Objectives. He reported that the relocation activity, which is a follow-up to the acquisition phase, handled 76 cases at an Agency cost of $528,242. The demolition activity follows the relocation phase and 49 structures in nine developments were removed as part of the site preparation work handled by the Agency Staff. Site clearance and site improvements, the final stages of Agency activity in delivering a prepared site to a potential developer incurred costs of $574,573 and $168,947 respectively over the two year span of 1978-80. Over the two year span, the Agency entered into five OPA projects (Heritage, American National Properties, Mohletf, Keiser and Jones) and three DDA projects (Burkes, Philipson, Santa Ana Employees Credit Union). A fourth DDA project, In town Housing Phase II, had been previously agreed to but . . . . significant Agency activity continued into 1978-79 and should be noted in this reporting period. A fifth DDA project will be entered into after this reporting period (Ralph Allen Development) although relocation and site clearance expenses were incurred during the two year reporting period of this report. The Agency has contracted with the Orange County Transit District (OCTD) for the development at Broadway and Fifth Streets (Park-And-Ride facility) as well as Ross and Santa Ana Boulevard (Multi Modal Terminal). These projects will be of value to centralizing the transportation system near the downtown and Civic Center areas. The Agency is sharing the site preparation costs with OCTD on the Park-And-Ride Facility and OCTD will absorb the full cost of site preparation on the Multi Modal project. The construction costs for both projects are funded through OCTD grant programs. The Agency has a continuing relationship with the Civic Center Commission which oversees the development and operations of the governmental center in the Civic Center area of Santa Ana. A further Agency involvement with the promotion of local area businesses has taken shape around the formation of an Economic Development Corporation (EDC). The main thrust of this non-profit organization is to assist local businesses with securing loans at low interest rates for the expansion, rehabilitation or other activity that will help them grow with the revitalization occurring in the downtown business area. The basic land designations for the Project Area have been maintained over the two year span of this reporting period. Some residential properties have been acquired for non- residential uses, but the zoning in these areas, for the most part, was not of a residential designation (non- conforming use). Specifically there were two residential neighborhoods affected by redevelopment activity during the 1978-80 reporting period. The neighborhood between Ross and Flower Streets, First and Third Streets has been in the process of renovation, but with a continuity of a residential use. This neighborhood, when surveyed in 1975, had a severly blighted quality. This neighborhood currently has a new senior citizens housing project built for 200 housing units and a 318 condominium development one, two and three bedroom units. The second neighborhood area affected by redevelopment is the area near the intersection of Civic Center Drive and Flower Streets. The zoning designation in this area is for Civic Development although residential structures have been placed in this zone. The Mohler and Jones developments were approved for this area in 1979 and in the process of assembling the site for these two developments, 17 residential structures had to be removed. Two parking structures have been promoted through Agency action. One is the OCTD Park-And-Ride Facility that is nearing completion at Broadway and Fifth Streets, while the second one is the Downtown Parking Garage which will be placed at Broadway and Third Streets. These public facilities have been planned for the promotion of commercial and Civic Center activities near the downtown business district. After Mr. Grams conclusion of the presentation, Chairman Luxembourger stated that they would like to hear from the public. That if they wish to speak, that they would please step forward to the podium, give their name and address and please be kind enough to limit their comments to five minutes. -2- . Their being no comments from the public, Chairman Luxembourger asked if there was anyone else here to speak to this project. Their being none, he closed the public hearing and asked the Agency Staff if they had any questions of the Staff. Mr. Serrato asked Staff why they do not have a Master Plan and if they are going to have a Mas ter Plan in the fu ture? He stated that this was not a political philosophy of his. Mr. Ream stated that the main reason was because the Master Plan would list every parcel being developed and if this was done tha tit m igh t af fec t the r igh ts of the proper ty owners. He s ta ted tha t they were in the final stages of a Plan for the East Fourth Street area. Mr. Serra to s ta ted tha t the reasons why he asked these questions was because he would like to see what some of their actions and improvements had been and what other areas were going to be touched, if required. Mr. Ward stated that the City had a Capital Investment Plan (CIP) that the Council members adopted, but that the CIP had 1 i ttle in terms on the focus of the proj ects. . After further discussion, a motion was made by Mr. Griseti, seconded by Mr. Ward and carried unanimously to receive and file the Biennial Activity Report and approve the Agency Annual Audit for Fiscal Year 1979-80. PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF PROPERTY WITHIN THE SUBSTITUTE PARKING SITE Chairman Luxembourger announced that this was the time and place for the public hearing on the issue of the public necessity to acquire by condemnation property known as Assessor Parcels 008-127-06 and 008-127-08 for Redevelopment purposes. . Chairman Luxembourger reques ted tha t Staff identify the property or issues and give Staff recommendations. Mr. Thomas E. Hammilli, Agency Real Estate Officer', reported that the property is located at the Southwest corner of Main and Third Streets in Santa Ana!, California', as indicated on the map in the orange color. The property has a frontage of 150 feet along Main Street and with a depth of 125 feet. The property contains 18,750 square feet and is a vacant lot improved with asphaltic concrete and leased to Parking Company of America for parking purposes. The public interest and necessity require the property for the following reasons: 1. On recommendation of the Redevelopment Commission, the Agency approved the Keyser Marston feasibility report and financing for a proposed parking structure on February 20, 1979. The report and financing proposal were also accepted by the City Council on March 12, 1979. It was determined at said meetings that the construction of a parking structure was an essential element of a comprehensive re- vitalization program for downtown Santa Ana and would greatly enhance the long term economic growth of the downtown area. 2. The Agency, at its Meeting of August 20, 1979, made the selection of the Architect/Engineer for the Downtown Parking Garage. . -3- . 3. The Agencý, at its Meeting of September 17, 1979, authorized Staff to proceed with the acquisition of property required for the Downtown Parking Garage. 4. The Agencý, at its Meeting of June 16, 1980, authorized the acquisition of the subject property as a substitute parking site required as replacement parking during the construction of the Downtown Parking Garage and for subsequent redevelopment. 5. Under an agreement with Lloyds Bank, the subject property will be significantly improved for parking purposes and will ultimately be available for public parking until such time as required for redevelopment. The least private injury is demonstrated by the fact that the property is currently paved with asphalt and used as a privately operated parking lot. The property is owned by one individuat, which individual will receive just compensation for the taking of the property. The property is necessary following reasons: . 3. . for the proj ec t beca use of the 1. It was previously determined by the Agency on February 20, 1979, and the City Council on March 12, 1979, after considering the Keyser Marston Report and evidence submitted by the Staff and private citizens, that the location proposed for the Downtown Parking Garage is the optimum location for a proposed parking structure cons is tent with the demand for parking facilities in the downtown area. 2. The construction of the parking garage and subsequent use will produce increased shopping and employment for the citizens of Santa Ana. The replacement of existing parking within the Downtown Parking Garage Site is necessary to continue the existing business of the current tenant of property within the site and to resolve legal issues with the existing tenant. Chairman Luxembourger requested to hear from the public in agreement and disagreement with the condemnation of this proper ty. Mr. Frank Chaves, P.O. Box 11412, Santa Ana, addressed the Agency express ing h is disapproval for the taking of these parcels. Mr. Chaves s ta ted tha t the proper ty was already a parking lot and the reason why the Agency was condemning it was for the use by Lloyds Bank for parking purposes. He stated that he had already made an attempt with L~oyds Bank for them to use it as public parking lot a year ago. He also stated that he did not understand the reason why the Agency would condemn if he has been operating that lot for twelve (12) years and will continue to do so. Mr. Ward requested that Staff should respond to Mr. Chaves' ques tion. Mr. Hammill stated that Mr. Chaves, in his negotiations with Lloyds Bank to reach an agreement had failed. Mr. Nicholas M. Soccio of Lloyds Bank had written a letter to the Redevlopment Agency reading as follows: . -4- Dear Mr. Hammill: . At your request, I will attempt to describe my past negotiations with Mr. Frank J. Chaves, Director of the Parking Company of America, for a sublease agreement with Lloyds Bank California for the subject parking lot. Approximately six months agd, I met with Mr. Chaves to express Lloyds Bank's interests in subleasing from him the parking lot at the corner of Third Street and Main Street, Santa Ana. My purpose was to secure temporary parking for the Bank while the new Downtown Parking Garage was in cons truction. Mr. Chaves' terms were a sublease with a monthly payment to him of $1700 and five months payment in advance. Mr. Chaves also required, tha t should the proposed garage not be built, he would then not re turn to the Bank our depos it in the amount of $8,500. Not only was this unacceptable to the Bank, Mr. Chaves I Lease Agreemen t ind ica tes tha t the Lessor could cancel the agreement within a short period of time. . My decision to approach the City of Santa Ana Redevelopment Agency was as a result of Mr. Chaves' immed ia te terms. Should you have any further questions, please do not hes ita te in con tac ting me. Nicholas M. Soccio Lloyds Bank Ass is tan t Vice Pres iden t After further discussion, Mr. Ward questioned Staff on what would happen to Mr. Chaves if the Agency decided to condemn his property. Mr. Hammill stated that the Lease would be terminated and because Mr. Chaves has additional parking lots in the area he would not qualify for compensation. Mr. Chaves' Lease expires on January 2, 1982. . Mr. Chaves then s ta ted tha t he firs t heard about the publ ic hear ing and tha t the Agency was s till working with Lloyds Bank on October 15, 1980. The following persons appeared before the Agency to speak against the adoption of Resolution 80-113: Zika Djokovich 10901 Coronel Road San ta Ana, CA 92705 Robert F. Waldron 550 Golden Circle Santa Ana, CA . After further discussion, a mot~oo_was made by Mr. Yamamoto, seconded by Mr. Serrato and ~ by the following roll call vote to continue the adoption of Resolution 80-113 for thirty (30) days: 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 REDEVELOPMENT PROJECT AREA IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. '-5- AYES: NOES: ABSENT: Serratd, Markel, Yamamoto Griset, Ward, Bricken, Luxembourger None . Since this motion failed, another motion was made by Mr. Bricken, seconded by Mr. Ward and carried by the following roll call vote to continue the Public hearing after item lC. AYES: Griset, Ward, Bricken, Luxembourger Serratd, Marke], Yamamoto None None NOES: ABSENT: After discussion of lC, a motion was made by Mr. Bricken, seconded by Mr. Yamamoto and carried by the following roll call vote to continue the Public Hearing to the next regularly scheduled meeting of December 19, 1980. AYES: Gr ise t, Ward Br icken, Luxembourger:, Yamamo to Markel, Serra to None NOES: ABSENT: PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF PROPERTY WITHIN THE SUBSTITUTE PARKING SITE . Cha irman Luxembourger announced tha t th is was the time and place for the public hearing on the issue of the public necessity to acquire by condemnation property known as Assessor Parcel 008-127-01 for Redevelopment purposes. Chairman Luxembourger requested that Staff identify the property or issues and give Staff recommendations. Mr. Thomas E. Hammill, Agency Real Estate Officer<, reported that the the property is located at the Southeast corner of Third and Sycamore Streets in Santa Ana, California, as indicated on the map in the blue color. The property has a frontage of 50 feet along Sycamore Street with a depth and frontage at Third Street of 125 feet. The property contains 60,250 square feet and is currently improved with a I-story structure containing approximately 60,000 square feet. The East ],000 square feet of the site is rented to Teri Cigar Company. The Wes t 9, 000 square feet is occupied by Wes tern Biolog ics, Inc .1, a blood bank. . The public interest and necessity require the property for following reasons: 1. On recommendation of the Redevelopment Commission, the Agency approved the Keyser Mars ton feas ibil i ty report and financing for a proposed parking s truc ture on February 20, 1979. The repor t and financing proposal were also accepted by the City Council on March 12, 1979. It was determined at said meetings that the construction of a parking structure was an essential element of a comprehensive revitalization program for downtown Santa Ana and would greatly enhance the long term economic growth of the downtown area. 2. The Agency, at its Meeting of August 20, 1979, made the selection of the Archi tectjEng ineer for the Downtown Parking Garage. 3. The AgencY, at its Meeting of September 17, 1979, authorized Staff to proceed with the acquisition of property required for the Downtown Parking Garage. . -6- " . 4. The Agency, at its Meeting of June 16, 1980, authorized the acquisition of the subject property as a substitute parking site required as replacement parking during the construction of the Downtown Parking Garage. The subject property will be improved as a public parking facility until such time as it may be required for redevelopment purposes. The least private injury is demonstrated by the fact that the property is owned 1/2 by Jack L. Smith and Donna J. Smith and the other 1/2 by Jay L. Feinstein and Nancy Feins tein. All ownership interes t will receive just compensation for the taking of the property and the tenants will receive compensation pursuant to the relocation guidelines. The property is necessary following reasons: . 3. for the project because of the 1. It was previously determined by the Agency on February 26, 1979, and the City Council on March 12, 1979, after considering the Keyser Marston Report and evidence submitted by the Staff and private citizens, that the location proposed for the Downtown Parking Garage is the optimum location for a proposed parking structure consistent with the demand for parking facilities in the downtown area. 2. The construction of the parking garage and subsequent use will produce increased shopping and employment for the citizens of Santa Ana. The replacemen t of ex is ting parking wi thin the Downtown Parking Garage Si te is necessary to continue the existing businesses located adjacent to the proposed Downtown Parking Garage during construction of said Garage. Chairman Luxembourger requested to hear from the public in agreement and disagreement with the condemnation of this proper ty. The following persons appeared before the Agency to speak against the adoption of Resolution 80-114: . Robert F. Waldron 550 Golden Circle Santa Ana, CA Nancy Feinstein 116 & 122 W. 3rd St. Santa Anai, CA 92701 After further dicussion, a motion was made by Mr. Ward, seconded by Mr. Serrato and carried by the following roll call vote to adopt Resolution 80-114: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR REDEVELOPMENT PRUPOSES IN THE REDEVELOPMENT PROJECT AREA IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. AYES: NOES: ABSENT: . Griset, Serratd, Bricken, Luxembourger, Ward Yamamotd, Markel None -7- " . . . . RECESS At 3:10 P.M., the Chairman recessed the meeting. At 3:20 P.M., the meeting was reconvened with all members present. At that time, the Chairman called the regular meeting of the Agency to order. CONSENT CALENDAR ITEM REMOVED Agency Member Markel requested that item 3. D. (Authorization to proceed with presentation of public hearing to property owner of Assessor Parcel 003-113-27 for purposes of initiation of condemnation action) be taken off the consent calendar. CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED On the unanimously approved 7:0 motion of Mr. Griset, seconded by Mr. Serrato, the Agency approved the recommendations of Staff on the following consent calendar items: MINUTES Approved the Minutes of Adjourned Regular Meeting held on October 6, 1980, Regular Meeting held on October 20, 1980, and Special Meeting held on November 3, 1980. FINANCIAL REPORT ASSOCIATES, INC. BY KATZ, HOLLIS, COREN & Received and filed. COMMERCIAL REHABILITATION LOAN PROGRAM Received and filed. ESTABLISHMENT POSITION OF ASSISTANT REAL ESTATE OFFICER Recommended tha t the Agency con tinue th is item until their meeting of December 15, 1980. BID AWARD FOR CONSTRUCTION OF PUBLIC PARKING LOT AT THIRD AND BIRCH STREETS Awarded contract to the lowest responsive bidder, R.J. Noble Company, in the amount of $91,246.50 and authorized its execution by the Chairman of the Agency. DISPOSITION AND DEVELOPMENT HISTORIC RESTORATION AGREEMENT WITH Authorized Staff to notice a public hearing on December 15, 1980 which is legally required prior to entering into a Disposition and Development Agreement to convey land to a developer. * * * * * * * * * CONSENT CALENDAR FINIS * * * * * * * * * * AUTHORIZATION TO PROCEED WITH PRESENTATION OF PUBLIC NOTICE TO PROPERTY OWNER OF ASSESSOR PARCEL 003-113-27 FOR PURPOSES OF INITIATION OF CONDEMNATION ACTION Mr. Markel stated that he did not understand the reason why the Redevelopment Agency all of a sudden takes a man's property just for condemnation and because of this he wished not to support this item. -8- " . . . . Mr. Ream stated that this was unlike the previous actions in that it was just setting the date for the public hearing and the presentation of required notice to property owner. A motion was made by Mr. Ward, seconded by Mr. Bricken and carried unanimously to authorize Staff to prepare and present notice advising property owner of Agency's intent to hold a public hearing for the purpose of adopting a Resolution of Necessity at its meeting of December 15, 1980. AMENDMENT TO THE OWNER DEVELOPMENT CORPORATION PARTICIPATION AGREEMENT WITH JONES A motion was made by Mr. Ward, seconded by Mr. Bricken and carried by the following roll call vote to adopt Resolution 80-115: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE AGENCY TO EXECUTE AN AMENDMENT TO AN OWNER PARTICIPATION AGREEMENT BETWEEN SAID AGENCY AND JONES DEVELOPMENT CORPORATION. AYES: NOES: ABSENT: Griset, Serrato, Bricken, Luxembourger, Ward Markel, Yamamoto None AMENDMENT VISTA TO THE OWNER PARTICIPATION AGREEMENT WITH MOHLER- Mr. Ward declared that he had a conflict of interest with item 4B. He then left the Council Chambers. A motion was made by Mr. Griset, seconded by Chairman Luxembourger and carried by the following roll call vote to adopt Resolution 80-116: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHARIMAN OF THE AGENCY TO EXECUTE AN AMENDMENT TO AN OWNER PARTICIPATION AGREEMENT BETWEEN SAID AGENCY AND MOHLER-VISTA. AYES: NOES: ABSENT: ABSTAINED: Griset, Bricken, Luxembourger Serrato, Markel, Yamamoto None Ward Since this motion failed, another motion was made by Mr. Bricken, seconded by Mr. Serrato and carried by the following roll call vote to continue the request to adopt Resolution 80-116 until the next regularly scheduled meeting of December 15, 1980. AYES: Griset, Bricken, Luxembourger, Serrato, Yamamoto Markel None Ward NOES: ABSENT: ABSTAINED: Chairman Luxembourger then asked that Mr. Ward be invited to return to the Council Chambers. EXTENSION OF EXCLUSIVE NEGOTIATION AGREEMENT WITH FEDERATED DEPARTMENT STORES, INC. A motion was made by Mr. Bricken, seconded by Mr. Serrato and carried unanimously to adopt Resolution 80-117: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A THIRD AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE AGENCY AND FEDERATED DEPARTMENT STORES, INC. -9- " ACQUISITION SITE OF PROPERTY WITHIN THE DOWNTOWN PARKING GARAGE . Chairman Luxembourger requested that the adoption of Resolution 80-118: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA TO EXECUTE AN AGREEMENT FOR ACQUISITION OF REAL PROPERTY BETWEEN THE AGENCY AND FAIRHAVEN MEMORIAL PARK, INC. be continued until the next regularly scheduled meeting of December 19, 1980. AGREEMENT WITH LLOYDS BANK Chairman Luxembourger requested that the adoption of Resolution 80-119: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA TO EXECUTE AN AGREEMENT FOR ACQUISITION OF REAL PROPERTY BETWEEN THE AGENCY AND LLOYDS BANK CALIFORNIA be continued until the next regularly scheduled meeting of December 19, 1980. PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF PROPERTY WITHIN THE DOWNTOWN PARKING GARAGE SITE . Chairman Luxembourger requested that the adoption of Resolution 80-101: 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 DOWNTOWN PARKING GARAGE SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR be continued until the next regularly scheduled meeting of December 19, 1980. PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF PROPERTY WITHIN THE DOWNTOWN PARKING GARAGE SITE Chairman Luxembourger requested that the adoption of Resolution 80-102: 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 DOWNTOWN PARKING GARAGE SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR be continued until the next regularly scheduled meeting of December 19, 1980. . EXCLUSIVE RIGHT TO NEGOTIATE WITH DR. HAROLD NEMETZ A motion was made by Mr. carried unanimously to month exclusive right the property fronting between 19th and 20th 217 feet. Griset, seconded by Mr. Bricken and grant to Dr. Harold Nemetz a six to negotiate for the development of on the wes t s ide of Ma in Stree t Streets to a depth of approximately DEVELOPMENT TOBERTY PROPOSAL FROM MR. ALLAN FAINBARG AND MR. PAUL . The Executive Director advised that the Redevelopment Agency at its meeting of April 21, 1980, granted Mr. Allan Fainbarg a six-month exclusive right to negotiate for the development of a site bounded by Civic Center Drive, Main and Bush Streets, subject to the payment of one-half of the cost of the necessary feasibility study and the future availability of Agency funds. Mr. Fainbarg proposed the construction of a three-story office building of approximately 21,000 square feet to be built over one floor of enclosed, surface parking. -10- . . . . . . The Executive Director pointed out that Keyser Marston, in their economic evaluation, recommended several different development approaches. Mr. Fainbarg agreed to proceed on any project the Agency wished to recommend. The Executive Director then told of a proposal which had been received from the Paul J. Toberty Company after the expiration of Mr. Fainbarg's six-month exclusive right to negotiate on October 12, 1980 and added tha t, in h is opinion, since Mr. Fa inbarg had met all of the conditions of his exclusive right to negotia te, the Agency should enter in to a Dispos i tion and Development Agreement with Mr. Fainbarg for the development of this proper ty. He added tha t staff would 1 ike to explore the possibility of working with the Toberty Company on another loca tion. The Executive Director pointed out that Keyser Marston has raised several questions regarding the Agency's ongoing expense relating to the proposed parking garage which they estimate to be $200,000 per year and Mr. Toberty estimates at $50,000. Keyser Marston also questioned the advisability of constructing 240,000 square feet of office building at th is site. The Executive Director then stated that staff was recommending that the Agency proceed with the Fainbarg Proposal. He added that staff would like to study the Toberty proposal further to see if it could be economically feasible for the Agency to consider it at a later date. The following persons appeared before the Agency in support of the Toberty Proposal: David Flaherty Pa ul J. Tober ty Claude Young, Representative for Paul J. Toberty Wayne J. Banks, Representative, WZMH Group Architects Peter De Rouches, Owner-Sombrero Street Restaurant Paster De Leon, Templo Calvario The Chairman was handed a petition of approximately one- hundred and four (104) signatures in support of the Paul J. Toberty Company proposal. After a lenghty discussion, a motion was made by Mr. Bricken, seconded by Mr. Markel and carried by a vote of 5:2 (Mr. Serrato and Mr. Yamamoto casting the "NO" vote) that the Agency direc t staff to prepare a Dispos i tion and Development Agreement with Mr. Allan Fainbarg for the development of a site bounded by Civic Center Drive, Main, E igh th and Bush Stree ts . RECESS The meeting was recessed by the Chairman at 4:40 P.M.!, to the evening session (after the Council meeting) to discuss litigation matters. The meeting was reconvened with the same members present at 9:50 P.M. EXECUTIVE SESSION At 9:50 P.M., the Chairman recessed the Agency meeting to an Executive Session to discuss legal matters. At 10:15 P.M.I, the meeting was reconvened with the same members present. -11- ;" " . . . . CONDEMNATION - MISSIONARIES AT HOME, INC. A motion was made by Mr. Ward, seconded by Mr. Serrato and carried unanimously to approve the settlement agreement (Superior Court Case No. 33-92-87) between Missionaries At Home, Inc. for the sale of the ir proper ty for a to ta 1 consideration of $90,000.00 and for an additional sum of $15,000.00 to cover all machinery, equipment and any and all relocation benefits. APPOINTMENT OF EXECUTIVE DIRECTOR - REDEVELOPMENT AGENCY A motion was made by Mr. Ward, seconded by Mr. Griset and carried unanimously to confirm the designated appointment of the City Manager for the position as Executive Director of the Redevelopment Agency. ADJOURNMENT Their being no further business before the Community Redevelopmen t Agencý, the meeting was adjourned at 10: 25 P.M." to December 15, 1980 at 1:00 P.M.', in the City Council Chambers. Ç)Jo ~ Davld N. Ream, Executive Director -12- -----.J