HomeMy WebLinkAbout12/13/1999 - City Council Special Meeting11
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SPECIAL CITY COUNCIL MEETING
CITY OF COSTA MESA
DECEMBER 13, 1999
The City Council of the City of Costa Mesa, California, met in
special session on December 13, 1999, at 6:30 p.m., in
Conference Room 1-A, City Hall, 77 Fair Drive, Costa Mesa.
Notice of the special meeting was given as required by law.
The meeting was called to order by Mayor Pro Tem Cowan.
ROLL CALL Council Members Present: Mayor Pro Tem Libby Cowan
Council Member Joe Erickson
Council Member Heather Somers
Council Member Linda Dixon
Council Members Absent: Mayor Gary Monahan
Officials Present:
City Manager Allan Roeder
City Attorney Jerry Scheer
Assistant City Attorney Thomas
Wood
Development Services Director
Donald Lamm
Public Services Director William
Morris
Deputy City Clerk Mary Elliott
ORAL COMMUNI- No members of the public wished to speak under Oral
CATIONS Communications.
OLD BUSINESS The Deputy City Clerk presented for Council consideration,
Ordinance 9.9-16 possible rescission of Ordinance 99-16, which approved
and DA -99-02, Development Agreement DA -99-02 for Lots 1 and 2 of the
Sakioka Sakioka property, located in the area of Sunflower Avenue,
Avenue of the Arts, Anton Boulevard, and Main Street.
Referring to State of California, Department of Transportation,
Appraisal Map No. F-189013, the Public Services Director
reported that there was a misunderstanding regarding
dedication of the Sakioka property, shown in yellow on the
map, Parcel No. 101370-2, which staff thought was included
in the Development Agreement when it was presented to the
City Council. The Director also pointed out that the green
areas shown on the subject map are Temporary Construction
Easements (TCEs) located on Sakioka property (Parcel Nos.
101370-3 and -4). He stated that Mr. Sakioka is not willing
to dedicate the aforementioned Parcel No. 101370-2 without
compensation, and asked Council to consider purchasing the
land with"trip fee funds, or by giving trip fee credits to the
Sakiokas equal to the appraised value of the property which
staff believes to be approximately $300,000.00. The Public
Services Director stated that because of the urgency to obtain
the necessary right-of-way for the OCTA, CALTRANS, and
City transportation projects, an appraisal of the Sakioka
property would have to be done immediately at the City's
expense so that this matter can be brought back to Council
no later than the meeting of January 17, 2000. The Public
Services Director advised Council that staff would prefer to
enter into an agreement with the property owner that says
that they will convey this property to the, City; that at the
City's option, the City will allow Sakioka to receive either trip
fee credits or will pay Sakioka in -cash; and that the City shall
have an appraisal ;done as quickly as possible, at the City's
expense.,
In response to a question from Council Member Erickson, the
City Attorney stated that the property in question, Parcel No.
101370-2, was not covered in the Development Agreement.
Council Member Somers stated that it appears that the subject
property is not part 'of the local access improvement and
asked the Public Services Director to clarify whether or not it
is. The Director responded that it can be considered
somewhat a part of the -local improvements because one of
the improvements: which the City is demanding is that the
northbound Bristoll Street off -ramp at the northbound 405
Freeway, be grade separated from the existing connector road
that goes from the; southbound 55 Freeway to the northbound
405 Freeway.
The City Attorney 'commented that whether or not Parcel No.
101370-2 was covered by the Development Agreement may
be a matter of interpretation; nevertheless, staff thought it .
was part of the project all along, while George Sakioka did not
believe it was included'.
Council Member Somers asked about the construction
easements, and the Public Services Director advised her that
CALTRANS had recently informed the City about the need for
those easements.! 'George Sakioka mentioned that the
Transportation Services Manager told him about the temporary
easements during the past week.
George Sakioka, 'representing Sakioka Farms and Roy K.
Sakioka '& Sons, 1485,0 Sunflower Avenue, Santa Ana, stated
that the whole premise of the Development Agreement is
based on McCarthy/Cook's original plan. He reported that it
was their intent to give the underlying fee of that which
McCarthy/Cook gave, and to satisfy mitigations in advance of
their project. He; emphasized that the focus has been on
McCarthy/Cook's project and he relied on that. Mr. Sakioka
stated that he has not yet' received the correct exhibits;
therefore, it is not clear just what the Sakiokas are supposed
to be giving. He commented that they already have given 3.7
acres, as well as one additional acre which was not
anticipated, and he was not willing to give up more land
without compensation: Mr. Sakioka also discussed the impact
of the TCEs on, the Sakioka property, noting that the
easements are 1-1;/2 meters wide on McCarthy/Cook's side,
but 3 meters wide on the Sakioka side, and they will
encumber the land for three years. In closing, Mr. Sakioka
requested that one City staff member be assigned to handle
and transmit all documents.
ADJOURNED TO At the request of the City Attorney and pursuant to
CLOSED) SESSION Government Code Section 54956.9(c), Mayor Pro Tem Cowan
adjourned the meeting at 7:05 p.m. to a closed session ,to
discuss attorney-client issues regarding this matter.
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MEETING Mayor Pro Tem Cowan reconvened the meeting at 7:35 p.m.
RECONVENED and announced the action taken during closed session:
MOTION By a vote � of 4-0, Mayor Monahan absent, staff was directed
Gave Directions to to continue the development agreement as is, and to open
Staff; Continued to negotiations with the property owner (Sakioka) on Parcel No.
January 17, 2000 101370-2, outlined in yellow on CALTRANS Appraisal Map
No. F1890B, and on the Temporary Construction Easements,
outlined in green on said map, with either a mutually agreed
upon appraiser, or if that is not possible, with two separate
appraisers who will come together to find a negotiated point;
and to bring back this item to the Council meeting of
January 17, 2000.
ADJOURNMENT Mayor Pro Tem Cowan declared the meeting adjourned at
7:40 p.m.
Mayor oft City of Costa Mesa
ATTEST:
Deputy Cit I
lerk of the City of Costa Mesa