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Community Redevelopment 1996/12/11 RECP b 4 11 4 6 tit1 ' 6 COMMUNITY REDEVELOPMENT COMMISSIONcMINITI `' December 11, 1996 CII Y OF A1114 AN 4:OOp.m. PRESENT: Holguin, Linn, McMillan, Perreira, Renner, Sheldon ABSENT: Pinson STAFF: EXECUTIVE DIRECTOR COMM. DEV.: Elisa Stipkovich REDEV/ECONOMIC DEV. MGR.: Richard Bruckner SENIOR SECRETARY: Jan Jensen Commissioner Holguin called the meeting to order at 4:08p.m. MINUTES: Commissioner Linn moved to table the motion for the approval of minutes for the meetings of November 6 and November 20, 1996 to the December 18, 1996 meeting with additions and corrections. Seconded by Commissioner McMillan. MOTION CARRIED (5 -0). Commissioner Pinson absent and Commissioner Perreira not available for voting. Mr. Bruckner noted that a few of the Commissioners attended the Stadium Renovation presentation by Disney December 10, 1996 in the City Council Chambers. Commissioner Holguin indicated it was a great presentation. MEETING ANNOUNCEMENTS: Mr. Bruckner suggested that the Community Redevelopment Commission meeting of January 2, 1997 be cancelled due to lack of business to transact. DISCUSSION: A. Home Depot Ms. Stipkovich introduced Mr. Dan Evans, Dan Evans and Associates who was representing Home Depot. Ms. Stipkovich gave some background and history regarding Home Depot. She explained that Home Depot is within the Brookhurst Project area. It is made up of Parcels A & B - -the IDM site and the auto repair site. Home Depot has agreements with both property owners, however, they have not consummated the sale. Home Depot wanted to make sure that the Agency would be working with them to assure that this project has City support. They also need to initiate a General Plan Amendment CRC - December 11, 1996 Page 2 (GPA) and a zoning reclassification. Ms. Stipkovich stated that she is recommending approval of the Disposition Development Agreement (DDA) which offers assistance in property acquisition. Home Depot wants to relocate their existing Lincoln Avenue store and expand its size. She stated the building is leased, is small and was not built by Home Depot. The development site is located on the north side of Crescent Street, east of Brookhurst Street. A discussion ensued. Ms. Stipkovich emphasized that this is an opportunity to clean up blighted properties. In addition, a streetscape program would be implemented as a part of the development. Mr. Evans noted Home Depot would like to have the store open as soon a possible. They are ready to move forward. Commissioner McMillan stated that it appears that the only obstacle is acquiring the property. Ms. Stipkovich reiterated they also need entitlements. Mr. Bruckner noted the Planning Commission initiated the General Plan process on Monday. Commissioner McMillan asked about the site clean -up. Mr. Evans explained it comes down to a monetary figure, i.e., anywhere from $575,000 - $700,000. IDM is responsible. They are currently in escrow and have been for over a year. If IDM will not absorb the cost, then they would most likely have to request condemnation to establish the value of the land. Commissioner Linn inquired about Parcel B. Mr. Evans stated they have a verbal agreement with the property owner. Once they give them a specific time table they will will enter into an agreement. Commissioner Sheldon asked if there was any cost to the Agency and Ms. Stipkovich indicated there was not. Commissioner Sheldon stated he understands there is a full reimbursement for any eminent domain costs. Commissioner Sheldon inquired as to who owns Parcel B. Ms. Stipkovich stated the owner's name is White. Commissioner Sheldon expressed his concern that a verbal agreement was not valid and asked why not enter into a written agreement? Mr. Evans stated most land owners want a 30 day escrow. They are unwilling to enter into an agreement until they have a date certain. Commissioner Sheldon asked if property owners were concerned over the uncertainty of the process? Mr. Evans indicated that was correct. Ms. Stipkovich stated Home Depot does not want to purchase the property until they get their entitlements. Mr. White does not want a contingency to the entitlements. Once the entitlements are in place, an agreement can be executed. F:IDOCS\DE VS VCSUMNUFESV JN6C I2A.DOC CRC - December 11, 1996 Page 3 Commissioner Sheldon stated he was still concerned about the eminent domain process, i.e., the agreement sets the stage for the eminent domain process. Ms. Stipkovich stated Home Depot expects both property owners to sell. If price becomes an issue, then they might need to consider the eminent domain process. Commissioner Sheldon stated he has a real problem with the document. He understands eminent domain is not mandatory. He reiterated that the DDA sets the stage for eminent domain. Commissioner Perreira stated the Redevelopment Project Area sets the stage - -it is part of the redevelopment process. Mr. Bruckner stated they are moving Brookhurst forward as a Project Area. He indicated there must be a 4/5 vote by the City Council (for eminent domain actions). Ms. Stipkovich noted that the eminent domain process is a very fair process. She stated Home Depot cannot build the store without the 2 parcels. Commissioner Sheldon expressed his concern regarding the eminent domain process as outlined in the DDA. It is his opinion that the property would be taken for private use and he opposses the use of eminent domain for private use. Commissioner Linn expressed his concern regarding traffic on Brookhurst. Mr. Bruckner explained there is a requirement for a traffic signal. He referenced the Site Plan. He stated it is their intention to place the traffic signal in the proximity of Sequoia Street. A discussion ensued regarding traffic issues. Commissioner Linn indicated they may have problems without a left -turn pocket. Ms. Stipkovich explained Traffic Engineering does not have the final street design. She clarified the Commission is not formally approving the design, just the Site Plan. She stated the traffic signal will be positioned in the best place. Commissioner Linn inquired as to who pays for the traffic signal and Ms. Stipkovich answered Home Depot. Commissioner Perreira inquired about the eminent domain issue. She asked if the Agency were to initiate any action, would it come back to the Commission? Ms. Stipkovich explained it would not, however, it is subject to a Public Hearing. Further discussion took place regarding the eminent domain process. Commissioner Linn asked if there was a possibility of closing Sequoia on the west side of Brookhurst. He noted there is a school at the end of the street. Discussion took place referencing the Site Plan and traffic concerns. Ms. Stipkovich suggested John Lower, Traffic and Transportation Manager, make a presentation to the Commission at the time the Site Plan comes before the Commission. F:\DOCS \DEV S VCS\MINUCES\JJN6C l2A.DOC CRC - December 11, 1996 Page 4 Commissioner Holguin referenced Section 300 of the Table of Contents. He inquired if this item would come back before the Commission before final approval? Mr. Bruckner explained the Design Development Drawings will come back to the Commission. Ms. Stipkovich referenced Attachment 4 -1, Schedule of Performance. Commissioner Linn moved that the Community Redevelopment Commission recommend that the Agency approve the DDA with Home Depot U.S.A., Inc. Seconded by Commissioner Renner. MOTION CARRIED (5 -1 -0). Commissioner Sheldon voting no and Commissioner Pinson was absent. Commissioner Holguin asked if JTPA would be involved? Ms. Stipkovich stated JTPA should be a part of the DDA. REQUEST FOR FUTURE AGENDA ITEMS: Commissioner Linn inquired about the Peter Lewis Report. It was suggested that the Peter Lewis report be heard on January 15, 1997. The report would be mailed out with the next agenda packet in order for the Commissioners to have ample time to review it. Commissioner Linn asked about agendizing voting procedures, i.e., any action taken would take four (4) yes votes. Ms. Stipkovich indicated she wanted to contact the City Attorney's office for clarification. ADJOURNMENT: Commissioner Linn moved to adjourn the meeting at 4:55p.m. Seconded by Commissioner McMillan. Respectfully submitted, /4e4e.4_4244— Jan Jensen Senior Secretary F:\DOC S \DE V S V C S\MINUCE SU IN6C 12A. DOC