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HomeMy WebLinkAbout07/14/1997 - City Council Special Meeting - Redevelopment Agency134 ROLL CALL PUBLIC HEARING R-97-06 and PA -97-28, Borders Costa Mesa, LLC MOTION Continued to August 11, 1997 SPECIAL JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY CITY OF COSTA MESA JULY 14, 1997 The City Council and the Redevelopment Agency of the City of Costa Mesa, California, met in special joint session July 14, 1997, at 6:15 p.m., following the regularly scheduled Redevelopment Agency meeting, in first floor Conference Room A, City Hall, 77 Fair Drive, Costa Mesa. Notice of the special joint meeting was given as required by law. The meeting was called to order by Mayor/Agency Member Buffa. Council/Agency Members Present: Mayor/Agency Member Peter Buffa Mayor Pro Tem/Agency Chair- person Gary Monahan Council Member/Vice Chairperson Libby Cowan Council/Agency Member Joe Erickson Council/Agency Member Heather Somers Council/Agency Members Absent None Officials Present:, City Manager/Agency Executive Director Allan Roeder City Attorney Thomas Kathe Redevelopment and Housing Manager M -brie;. Ullman Management Analyst Paula Schaefer Accounting Supervise: Diane Butler The Management Analyst ---announced that thiE was the time and place set for the public hearing to consider Planning Action PA -97-28 ' (final development. plan) and Rezone Petition R-97-06 (previously numbered R-97-04), for'Borders Costa Mesa, LLC, 410 - 17th Street, Suite 1705, Denver Colorado, for property located at 1884, 1898 Newport boulevard and 145 East 19th Street. A facsimile was received earlier in the day from the applicant requesting a continuance to August 1.1, 1997, to allow additional time to review the conditions of approval as set forth by the Planning Commission. Brenda Godfrey; Borders Costa Mesa, LLC, apologized for the short notice concerning the request for continuance. On motion by , Council/Agency Member , Somers, seconded by Council/Agency Member Erickson, . and carried 5-0, approval was given to continue the public hearing to a special joint City Council/Redevelopment Agency meeting on August 11, 1997, at 5:30 p.m., in first floor Conference Room A. Mayor Pro Tem/Agency Chairperson Monahan requested that the Planning Commission requirements be reviewed by Borders Costa Mesa,. LLC, and that any questions be forwarded to staff prior to the meeting on August 11, 1997. HOME No. 4 The Management Analyst reported that on April 14, 1997, Reimbursement and the City Council and Redevelopment Agency denied approval Settlement Agree- of the Home No. 4 Affordable Housing Agreement and voted ment with Civic to use U.S. Department of Housing and Urban Development Center Barrio (HUD) funds to cover Civic Center Barrio Housing Housing Corpora- Corporation's (CCBHC) costs. tion (CCBHC) The Management Analyst added that a Reimbursement and Settlement Agreement was prepared by outside counsel, Barbara Leibold, of McNamara, Van Blarcom, McClendon & Leibold, to reimburse CCBHC; invoices were received totaling $43,333.73; and the deadline for CCBHC to submit additional invoices was July 11, 1997, bringing the grand total to $60,267.15. She addressed two items under dispute: reimbursement of legal fees to William and Rita Lush for $2,457.00; and credit application fees, appraisal fees, and legal fees to American Savings Bank for $2,911.42. The City Attorney reported that the motion made by the City Council and Redevelopment Agency on April 14, 1997, was to reimburse expenses to. CCBHC; however, the agreements in place at that tirne do not obligate the City to pay any funds if such projects were abandoned. He noted that the Reimbursement and Settlement Agreement is a vehicle by which staff can honor the Council/Agency direction and provide a grant for reimbursement. MOTION/Approved A motion was made by Council/Agency Member Erickson, Agreement; City seconded by Mayor Pro Tem/Agency Chairperson Monahan, Manager Author= and carried 5-0, approving the Home No. 4 Reimbursement ized to Negotiate and Settlement Agreement, directing staff to make payment with CCBHC of $763.73 in eligible predevelopment for Home No.4 from 1996-97 Low and Moderate Income Housing funds, and authorizing the City Manager to negotiate and, if necessary, pay eligible predevelopment costs. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.9(a) and 54956.9(c) to Request for Closed discuss whether to settle pending litigation in Grant v. the Session Regarding City and the Costa Mesa Redevelopment Agency; and Gene Grant, and whether the City and Agency should initiate litigation against the Vozenileks the Vozenileks. ADJOURNED TO At 6:20 p.m., Mayor/Agency Member Buffa adjourned the CLOSED SESSION special joint meeting to a closed session to discuss the items announced by the City Attorney. RECONVENED At 6:25 p.m., Mayor/Agency Member Buffa reconvened the SPECIAL JOINT special joint meeting, and the City Attorney announced the MEETING action taken during closed session. MOTION By a vote of 5-0, the Council/Agency Members Rejected Grant's rejected the late claim from Gene Grant; and the City Late Claim Attorney was authorized to settle the litigation as 136 recommended in the Assistant City Attorney's Confidential memorandum dated June 25, 1997. MOTION By a vote of 5-0, the City Attorney was directed to Authorized commence litigation concerning the Vozenileks as Litigation recommended in the City Attorney's confidential Against Vozenileks memorandum dated July 7, 1997. ADJOURNMENT At 6:30 p.m., Mayor/Agency Member Buffa adjourned the special joint meeting of the City Council and Redevelopment Agency to a special- City .Council meeting. Mayor of the City of Cos a sa ATTEST: Deputy City erk of the City of Costa Mesa I