HomeMy WebLinkAbout2017-066 - Negotiations for the Sale of Portions of City-Owned Real Propertyjmf 10/13/2017
RESOLUTION NO. 2017-066
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 827 NORTH BRISTOL STREET, 829 NORTH
BRISTOL STREET AND 907 NORTH BRISTOL 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, during the course of the Bristol Street Improvements Project, the City
acquired the adjacent real property at 827 North Bristol Street, 829 North Bristol
Street, and 907 North Bristol Street.
B. The portions of these properties that will remain after the Bristol Project is
completed have not been used by the City and are being held for purposes of
exchange or sale.
C. In -N -Out Burgers operates a drive-through restaurant immediately adjacent to
the properties. The City finds that the development of the properties by In -N -Out
Burgers to redesign its site plan would serve the public interest by relieving spill
over traffic on Bristol Street regularly caused by the restaurant's queueing line,
thereby improving access to neighboring properties and relieving congestion on a
major street.
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.
F. On November 7, 2017, 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 827 North Bristol Street, 829 North Bristol Street, and 907
North Bristol Street from competitive bidding and authorize direct negotiations for
Resolution No. 2017-066
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their sale with In -N -Out Burgers, an entity that intends to redesign their existing
adjacent site to relieve spill over traffic over Bristol Street.
Section 2. The City Council of the City of Santa Ana hereby exempts the sale
of portions of the City -owned real property at 827 North Bristol Street, 829 North Bristol
Street, and 907 North Bristol 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 In -N -Out Burgers, Inc., 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 7th day of November, 2017.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: W/Lw %, M A1C
Jbhn M. Funk
Assistant City Attorney
AYES Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2017-066
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Benavides Martinez Pulido, Solorio, Tinalero,
Villegas (6)
None (0)
Sarmiento (1)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council
Resolution No 2017-066 to be the original
City of Santa Ana on November 7, 2017.
Date YD o
jmf 10/13/2017
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Marla D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2017-066
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