HomeMy WebLinkAbout12/08/1993 - City Council Special MeetingSPECIAL MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
DECEMBER 8, 1993
The City Council of the City of Costa Mesa, California, met in
special session December 8, 1993, at 6:30 p.m., in the Council
Chambers of City Hall, 77 Fair Drive, Costa Mesa, for the purpose
of holding a joint meeting with the Costa Mesa Redevelopment
Agency. Notice of the special meeting was given as required by
law.
ROLL CALL Agency Members Present: Chairman Peter Buffa
Agency Member Mary Hornbuckle
Agency Member Sandra Genis
(arrived at 6:40 p.m.)
Agency Member Joe Erickson
Agency Members Absent: Vice Chairman Jay Humphrey
Officials Present: City Manager and Redevelopment
Agency Executive Director Allan
Roeder
Redevelopment Agency Project
Manager Muriel Berman
Agency Attorney Sally May
Assistant Finance Director Mark
Davis
Principal Planner Mike Robinson
Executive Secretary Marie Thompson
JOINT MEETING Redevelopment Agency Chairman Buffa convened the joint meeting
CONVENED with the Costa Mesa City Council; Mayor Genis opened the special
meeting of the City Council.
ROLL CALL Council Members Present: Mayor Sandra Genis
Council -Member Mary Hornbuckle
Council Member Peter Buffa
Council Member Joe Erickson
Council Members Absent: Vice Mayor Jay Humphrey
NEW BUSINESS
The Executive Secretary presented a. Disposition and Owner
Agreements between
Participation Agreement, a License Agreement, and an Easement
Costa Mesa Dental
Agreement by and between the Redevelopment Agency and Costa
Properties, Inc. and
Mesa Dental Properties, Inc. The Affidavit of Publication is on file
Redevelopment
in the Clerk's office. No communications were received.
Agency
Mayor Genis announced that this was the time and place to receive
public input and take action on the Disposition and Owner
Participation Agreement by and between the Redevelopment Agency
and Costa Mesa Dental Properties, Inc., that such hearing is
required pursuant to Section 33433 of the Community
Redevelopment Law constituted by California Health and Safety
Code Section 33000, et seq., for sale of a site for redevelopment
pursuant to the Redevelopment Plan, upon determination by the City
Council that the consideration for sale is not less than fair market
value in accordance with covenants and conditions governing the sale
or with respect to. any sale at less than estimated value permitted
under the Redevelopment Plan, that the lesser consideration is
necessary to effectuate the purposes of the Redevelopment Plan.
%x:322
The Redevelopment Project Manager gave a brief outline of the
Letter of Agreement dated July 2, 1989, between Costa Mesa Dental
Properties, Inc., Triangle Square Joint Venture, and the Costa Mesa
Redevelopment Agency, and reported that upon completion of
construction of improvements, the replacement property (land and
building) will be conveyed by the Agency to Costa Mesa Dental
Properties, Inc. for $1 million. She explained that prior to the sale
of any Agency property assembled with tax increment funds, a joint
City Council/Redevelopment Agency meeting must be held.
The Redevelopment Project Manager reported that a summary of
costs to the Agency 'to assemble the property was compiled by
Keyser Marston & Associates; an agreement for disposition of the
Agency -owned property was prepared by Agency Special Counsel;
the Disposition and Owner Participation Agreement provides for the.
sale by the Agency, and purchase by Costa Mesa Dental Properties;
shared parking documents have been prepared; a License Agreement
to cover the interim period between the subject disposition and
eventual redevelopment of Parcel A has been prepared to provide
Costa Mesa Dental Properties access, and up to 31 parking spaces
on Parcel A; after Parcel A has been redeveloped, the Agency and
Costa Mesa Dental Properties will be parties to an Easement
Agreement under which the Agency will convey an easement to
Costa Mesa Dental Properties for that portion of Parcel A for
unreserved and nonexclusive use of 31 parking spaces.
Council Member Erickson referred to the summary report, Page 2,
Item B, and requested clarification of costs to the Agency. Celeste
Brady, Stradling, Yocca, Carlson & Rath, Special Counsel for the
Agency, responded that the listed figure of $1,398,344.00 does not
relate to development costs of the new Costa Mesa Dental Properties
site, but relates to those Agency costs incurred in acquiring all the
properties now referred to as Parcel A. She added that a cumulative
amount of those costs have been prorated to the 12,000 -square -foot
Costa Mesa Dental Property parcel. The Project Manager stated
that the total costs to the Agency will be provided at a later date.
Council Member Hornbuckle referred to Page 1 of Recommenda-
tions, Item 3, concerning parking. The Project Manager clarified
that "unreserved" means not reserved solely for Costa Mesa Dental
Properties. She explained that since there is no current developer
for the balance of Parcel A, two documents were drawn up to
accommodate the interim period, one of those documents being a
temporary License Agreement which allows parking next to the
building on Agency property. She reported that upon development
of the balance of the site, the Agency has the right to remove those
parking spaces to a more appropriate position on the site to avoid
any future disputes.
Mayor Genis requested clarification of "up to 31 spaces" in
reference to parking.. The Project Manager responded that the
spaces were based upon. zoning requirements at the existing Costa
Mesa Dental Properties building. Special Counsel Brady reported
that this was a grant of easement to run with the land to benefit the
parcel, and Costa Mesa Dental Properties has the right to use, and
will be charged for up to 3.1 spaces. She added that title reports for
Costa Mesa Dental Properties' parcel and the remainder of the site,
now referred to as Parcel 2, will always reflect this encumbrance by
the easement of 31 parking spaces to Parcel 1.
Gerald McClellan, DDS, Costa Mesa Dental Properties, commended
Jerry Klein, Triangle Square Joint Venture, for his cooperation, and
praised the construction company for the outstanding work done on
the replacement building. Dr. McClellan referred to the corner of
Park Avenue and 18th Street which has no provision for
landscaping. He stated that the construction superintendent is
looking into costs fora sprinkler system and landscaping, and asked
if the Agency would share the cost of construction if Costa Mesa
Dental Properties took responsibility for maintaining it.
y t;: 23
MOTION On motion by Council Member Buffa, seconded by Council Member
Resolution 93-93 Hornbuckle, and carried 4-0, Vice Mayor Humphrey absent,
Adopted Resolution 93-93, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA, CALIFORNIA,
CONSENTING TO THE APPROVAL BY THE COSTA
MESA REDEVELOPMENT AGENCY OF THE DISPOSITION
AND OWNER PARTICIPATION AGREEMENT BY AND
BETWEEN THE COSTA MESA REDEVELOPMENT
AGENCY AND COSTA MESA DENTAL PROPERTIES,
INC., AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH, was adopted.
Council Member Erickson requested staff to look into Dr.
McClellan's request concerning landscaping.
COUNCIL Mayor Genis asked the City Manager for the current status of a draft
COMMENTS letter to the Board of Supervisors regarding the City's broader
position on reuse of the El Toro Marine Corps Air Station. The
El Toro Marine Corps City. Manager responded that a special meeting has been scheduled
Air Station for December. 13, 1993, and this matter could be addressed at that
time. Council Member. Buffa requested that this item be included on
the December 13 agenda to allow Council adequate time to review
the draft letter.
ADJOURNMENT Mayor Genis adjourned the special Council meeting at 6:55 p.m.
Mayor of the City of Costa Mesa
ATTEST:
L-e=,x
Deputy City Jerk of the City of Costa Mesa