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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