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HomeMy WebLinkAbout06/16/1980 '. . ' " . . . . MINUTES REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY SANTA ANA, CALIFORNIA JUNE 16, 1980 The Regular Meeting of the Community Redevelopment Agency of the City of Santa Ana was called to order by Vice Chairman Daniel Griset at 1:06 P.M. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. After the pledge to the Flag, roll was called: PRESENT ABSENT Gordon Bricken Daniel Gr iset Robert Luxembourger J" Ogden Markel Al Serrato Harry Yamamoto James Ward Others in attendance: David N. Ream, Executive Director Thomas E. Hammill, Agency Real Estate Officer Stacey Crevestòn, Secretary Dan Stone, City Manager Edward J. Cooper, City Attorney Eugene B. Jacobs, Agency's Legal Counsel PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING PROPERTY WITHIN THE PHILIPSON DEVELOPMENT SITE CONDEMNATION OF The Vice Chairman announced that this was the time and place for the public hearing on the issue of the public necessity to acquire by condemnation property known as the southeast corner of Flower Street and Santa Ana Boulevard, Santa Ana, for Redevelopment purposes. The Vice Chairman requested that staff identify the property and the project and comment on the factors and evidence necessitating the condemnation action¡ set forth why the public interest and necessity require the project¡ why the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury¡ and why the property sought to be acquired is necessary for the project. Mr. Torn Hammill, the Agency's Real Estate Officer, stated that the property consists of two parcels located at the southeast corner of Flower and Santa Ana Boulevard. The corner parcel is improved with a single family residence constructed in 1915 and in poor condition. Construction is of wood frame with wood siding. The other parcel which adjoins on the east is a vacant lot. The two parcels contain 12,187 square feet. The public interest following reasons: and necessity require the property for the 1. The Agency has entered into a Disposition and Development Agreement with Stephen Lawrence Philipson dated February 19, 1980. The subject property is included in the agreement with Stephen Lawrence Philipson. " . . . . The redevelopment of property with improvements in excess of 50 years qf age serves as an inducement for further redevelopment of surrounding areas within the Redevelopment Project Area. The least private injury is demonstrated by the fact that one of the properties is tenant occupied and the tenants will receive relocation benefits pursuant to the relocation guidelines. The other property is a vacant lot. The property is necessary for the project because it is required to conform to the Owner Participation Agreement previously adopted by the Agency. 2. The project is planned and located pursuant to hearings previously held by the Redevelopment Commission and the Redevelopment Agency. The project will provide commercial uses for the area and will represent a redevelopment of the property, thereby, generating increased commercial and office space, employment and additional tax base for the citizens of Santa Ana. The Vice Chairman then requested to hear from the public. Hearing none, the Vice Chairman closed the public hearing. After brief discussion by the Agency, a motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried by the following roll call vote to adopt Resolution 80-62: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR REDEVELOPMENT PURPOSES IN THE PHILIPSON DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. AYES: NOES: ABSENT: Bricken, ~iset, Luxembourger, Serrato, Yamamoto Markel Ward PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF PROPERTY WITHIN THE SANTA ANA CITY EMPLOYEES CREDIT UNION SITE/PHILIPSON DEVELOPMENT SITE The Vice Chairman announced that this was the time and place for the public hearing on the issue of the public necessity to acquire by condemnation property known as 801-803 West Third Street, Santa Ana, for Redevelopment purposes. The Vice Chairman requested that staff identify the property and the project and comment on the factors and evidence necessitating the condemnation action, set forth why the public interest and necessity require the project; why the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and why the property sought to be acquired is necessary for the project. Mr. Tom Hammill, the Agency's Real Estate Officer, stated that the property consists of one parcel located at the northwest corner of Third and Garnsey Streets. The property is improved with a single family residence in excess of 50 years old that has been converted into a duplex. The duplex contains 1,166 square feet and is of wood frame and wood siding construction. There is also a two carport on a concrete slab at the rear of the lot. The lot itself contains 3,600 square feet. The public interest following reasons: necessity require the property for the and 1. The Agency has entered into a Disposition and Development Agreement with Santa Ana City Employees Association dated February 19, 1980. The subject property is included in the Agreement with Santa Ana City Employees Association. -2- 7 . . . . 2. The redevelopment of property with improvements in excess of 50 years of age serves as an inducement for further redevelopment of surrounding areas within the Redevelopment Project Area. The least private injury is demonstrated by the fact that the property is tenant occupied and the tenants will receive relocation benefits pursuant to the relocation guidelines. The property is necessary for the project because it is required to conform to the Owner Participation Agreement previously adopted by the Agency. The project is planned and located pursuant to hearings previously held by the Redevelopment Commission and the Redevelopment Agency. The project will provide commercial uses for the area and will represent a redevelopment of the property; thereby, generating increased commercial and office space, employment and additional tax base for the citizens of Santa Ana. The Vice Chairman then asked to hear from the public. Mr. Ralph C. Morones, one of the owners of the property, addressed the Agency stating that he questioned whether the taking of this parcel was in the public interest since the credit union would not be available to the general public. He further stated that he feels there is a conflict of interest in that City officials handling the condemnation are eligible to be members of the credit union. He also feels that little or no consideration has been given as to the price of the property. The Vice Chairman asked if anyone else would like to address the Agency on this matter. There being no response, the Executive Director reported that prior to the meeting Edith Morones and Roger Morones had requested to speak. Mr. Roger Morones approached the Agency and stated that he and his wife, Edith Morones, were in agreement with what his brother, Ralph, had said. Mr. Howard Way, 801 W. Tenth Street, Santa Ana, addressed the Agency expressing his approval and desire for the proposed development. There being no further comments from the public, the Vice Chairman closed the public hearing. Discussión was then held between the Agency members. Mr. Yamamoto and Mr. Griset stated that they were members of the credit union and that, perhaps, they should abstain from the question. The City Attorney was asked to address this. After'determining that the Agency members were not on the Board of Directors, the City Attorney stated that, in his opinion, this was not a conflict of interest. Mr. Bricken requested that the City Attorney's response be included in the Minutes verbatim. The Secretary stated that she did not take the City Attorney's response verbatim. Mr. Bricken then requested the City Attorney to provide a written opinion regarding this matter as part of the official Minutes. The City Attorney's opinion is attached and marked as Exhibit "A". Mr. Luxembourger asked if any of the Redevelopment staff served on the Board of Directors for the Credit Union. The Executive Director responded that no staff served on the Board of Directors, but that some of the staff may have deposits in the credit union. A motion was made by Mr. Bricken, seconded by Mr. Serrato and carried by the following roll call vote to adopt Resolution 80-63: -3- ý' . . . . A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR REDEVELOPMENT PURPOSES IN THE SANTA ANA CITY EMPLOYEES CREDIT UNION SITE/PHILIPSON DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Serrato, Yamamoto Markel Ward PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING PROPERTY WITHIN THE MOHLER VISTA DEVELOPMENT SITE CONDEMNATION OF The Vice Chairman announced that this was the time and place for the public hearing on the issue of the public necessity to acquire by condemnation property known as 812 North Olive Street and 806 North Olive Street, Santa Ana, for Redevelopment purposes. The Vice Chairman requested that staff identify the property and the project and comment on the factors and evidence necessitating the condemnation action; set forth why the public interest and necessity require the project; why the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and why the property sought to be acquired is necessary for the project. Mr. Tom Hammill, the Agency's Real Estate Agent, stated that the property consists of two residential lots. One lot is located at 812 North Olive Street and measures 50' X 112' and contains 5,600 square feet. It is improved with a single family residence constructed in 1925 containing 845 square feet with a 250 square foot garage and 144 square foot carport. The house has a total of five rooms including two bedrooms and one bath. The other lot is located at 806 North Olive Street and being the northwest corner of Civic Center Drive and Olive Street. The lot measures 57' X 112' and contains 6,384 square feet. It is improved with an old English style stucco house with wood, a shake roof and a double detached stucco garage. The house was constructed in 1925 and contains 1,467 square feet and the garage contains 324 square feet. The house has a total of five rooms including two bedrooms and one and a half bath. The public interest following reasons: necessity require the property for the and 1. The Agency has entered into an Owner Participation Agreement with Mohler-Vista dated February 19, 1980. The subject property is included in the Agreement with Mohler-Vista for redevelopment. The redevelopment of property with improvements in excess of 50 years of age serves as an inducement for further redevelopment of surrounding areas within the Redevelopment project Area. 2. The least private injury is demonstrated by the fact that the property is tenant occupied and the tenants will receive relocation benefits pursuant to the relocation guidelines. The property is necessary for the project because it is required to conform to the OWner Participation Agreement previously adopted by the Agency. The project is planned and located pursuant to hearings previously held by the Redevelopment Commission, the Planning Commission, the City Council and the Redevelopment Agency. The project will provide commercial uses for the area and will represent a redevelopment of the property; thereby, generating increased commercial and office space, employment and additional tax base for the citizens of Santa Ana. -4- " . . . . The Vice Chairman then requested to hear from the public. Hearing none, the Vice Chairman closed the public hearing. After discussion by the Agency members, a motion was made by Mr. Bricken, seconded by Mr. Luxembourger and carried by the following roll call vote to adopt Resolution 80-64: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR REDEVELOPMENT PURPOSES IN THE MOHLER VISTA DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Serrato Markel, Yamamoto Ward Before action was taken on the above motion, Mr. Bricken requested that it be entered into the record that he has researched the files of his company and to the best of his knowledge, his firm has no contractual relationship at the present time with Mohler Vista. PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION PROPERTY WITHIN THE MOHLER VISTA DEVELOPMENT SITE OF The Vice Chairman announced that this was the time and place for the public hearing on the issue of the public necessity to acquire by condemnation property known as 808 North Olive Street, Santa Ana, for Redevelopment purposes. The Vice Chairman requested that staff identify the property and the project and comment on the factors and evidence necessitating the condemnation action; set forth why the public interest and necessity require the project; why the project is planned or located in the manner that will be most compatible with the greatest p~blic good and the least private injury; and why the property sought to be acquired is necessary for the project. Mr. Tom Hammill, the Agency's Real Estate Officer, stated that the property consists of one residential lot improved with an older Spanish style stucco house and is located at 808 North Olive Street, Santa Ana. The lot measures 50' X 112' and contains 5,600 square feet. The house was constructed in the year 1925 and contains 989 square feet with a 252 square foot garage. It has a total of five rooms including two bedrooms and one bath. The public interest fOllowing reasons: and necessity require the property for the 1. The Agency has entered into an OWner Participation Agreement with Mohler-Vista dated February 19, 1980. The subject property is included in the Agreement with Mohler-Vista for redevelopment. The redevelopment of property with improvements in excess of 50 years of age serves as an inducement for further redevelopment of surrounding areas within the Redevelopment project Area. 2. The least private injury is demonstrated by the fact that the property is tenant occupied and the tenant will receive relocation benefits pursuant to the relocation guidelines. The property is necessary for the project because it is required to conform to the OWner Participation Agreement previously adopted by the Agency. The project is planned and located pursuant to hearings previously held by the Redevelopment Commission, the Planning Commission and the Redevelopment Agency. The project will provide commercial -5- / :~ '. . . . . . . uses for the area and will represent a redevelopment of the property: thereby generating increased commercial and office space, employment and additional tax base for the citizens of Santa Ana. The Vice Chairman then requested to hear from the public. Mr. Stephen D. Sawyer, 540 Golden Circle BOCive, Suite 214, Santa Ana, representing Bertha Svensson, the property owner, addressed the Agency stating that the project is a private transaction and that the Agency is taking away the right of his client to negotiate directly with Mohler. There being no further comments, the Vice Chairman closed the public hearing. After brief discussion, a motion was made by Mr. Bricken, seconded by Mr. Luxembourger and carried by the following roll call vote to adopt Resolution 80-65: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY FOR REDEVELOPMENT PURPOSES IN THE MOHLER VISTA DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Serrato Markel, Yamamoto Ward CONSENT CALENDAR STAFF RECOMMENDATIONS APPROVED On the unanimously approved (6:0) motion of Mr. Luxembourger, seconded by Mr. Bricken, the Agency approved the recommendations of Staff on the following consent calendar items: MINUTES Approved the Minute6 of the Regular Meeting held on May 19, 1980 and the Special Meeting held on June 2, 1980. AUTHORIZATION TO PROCEED WITH PRESENTATION OF PUBLIC NOTICE TO PROPERTY OWNER OF ASSESSOR PARCEL #008 125-12 FOR PURPOSES OF INITIATION OF CONDEMNATION ACTION Authorized staff to prepare and present notice advising property owner of Agency's intention to hold a public hearing for the purpose of adopting a Resolution of Necessity at its regular meeting of July 21,1980. AUTHORIZATION TO PROCEED WITH PRESENTATION OF PUBLIC NOTICE TO PROPERTY OWNERS OF ASSESSOR PARCEL tO08-125-05 FOR PURPOSES OF INITIATION OF CONDEMNATION ACTION Authorized staff to prepare and present notices advising property owners of Agency's intention to hold a public hearing for the purpose of adopting a Resolution of Necessity at its regular meeting of July 21, 1980. AUTHORIZATION TO ACQUIRE PROPERTY IN THE PROJECT AREA FOR USE AS SUBSTITUTE PARKING DOWNTOWN Authorized the acquisition substitute parking during Parking Garage. of properties to be used as construction of the Downtown AUTHORIZATION TO ACQUIRE VACANT LOT LOCATED AT 911 NORTH FLOWER STREET Authorized the acquisition of the subject property for future development purposes. -6- , " . . . . . . PROPERTY SETTLEMENT WITH GLASSER Approved settlement figure of $43,750. . . . . . . . . . . CONSENT CALENDAR FINIS. . . . . . . . . . * EXECUTIVE SESSION At 2:00 P.M., the Vice Chairman recessed the Agency meeting to an Executive Session to discuss legal matters. At 3:03 P.M., the meeting was reconvened with the same members present except Mr. Markel. Mr. Markel returned to the meeting at approximately 3:04 P.M. MAJOR COMMERCIAL REHABILITATION LOAN PROGRAM A motion was made by Mr. Bricken, seconded by Mr. Serrato and carried unanimously (5:0) to adopt Resolution 80-61: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING BOND ISSUES FOR THE FUNDING OF PERMANENT LOANS FOR REHABILITATION OF SPECIFIED PROPERTIES AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. REVOLVING LOAN PROGRAM - THE JACKMAN BUILDING A motion was made by Mr. Luxembourger, seconded by Mr. Serrato and carried unanimously (5:0) to adopt Resolution 80-66: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A REVOLVING LOAN AGREEMENT BETWEEN THE AGENCY AND SYLVIA JACKMAN, ET AL. RESOLUTION NO. 80-67 AUTHORIZING EXECUTION PAYMENT OF $15,000 TO SANTA ANA ATHLETIC CLUB OF AGREEMENT AND A motion was made by Mr. Serrato, seconded by Mr. Luxembourger and carried unanimously (5:0) to adopt Resolution 80-67: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT TO DISPOSE OF INTERESTS IN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THIRD AND ROSS STREETS. COMMERCIAL REHABILITATION AGREEMENT - SYLVIA JACKMAN, ET AL A motion was made by Mr. Luxembourger, seconded by Mr. Griset and carried unanimously (6:0) to adopt Resolution 80-68: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN TO EXECUTE A COMMERCIAL REHABILITATION AGREEMENT BETWEEN THE AGENCY AND SYLVIA JACKMAN, ET AL. MAJOR COMMERCIAL REHABILITATION LOAN PROGRAM BOND SALE A motion was made by Mr. Serrato, seconded by Mr. Bricken and carried by the following roll call vote to adopt Resolution 80-69: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE SALE OF AN $800,000 PROMISSORY NOTE TO WELLS FARGO BANK, PURSUANT TO THE MAJOR COMMERCIAL REHABILITATION LOAN PROGRAM. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Serrato, Yamamoto Markel Ward ACQUISITION OF PROPERTY WITHIN THE SANTA ANA CITY EMPLOYEES CREDIT UNION SITE A motion was made by Mr. Luxembourger, seconded by Mr. Bricken and carried by the following roll call vote to adopt Resolution 80-70: -7- I ',r ,... " . . . . A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE CHAIRMAN OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA TO EXECUTE AN AGREEMENT FOR ACQUISITION OF REAL PROPERTY BETWEEN THE AGENCY AND ALYN BRANNON AND CAROLYN H. BRANNON. AYES: NOES: ABSENT: Bricken, Griset, Luxembourger, Serrato, Yamamoto Markel Ward ORAL COMMUNICATIONS There were no oral communications. ADJOURNMENT There being no further business before the Community Redevelopment Agency, the meeting was adjourned at 3:07 P.M. upon the motion of Mr. Bricken, seconded by Mr. Markel and carried unanimously. WJ Dan1el E. Gr1set, V1ce Cha1rman DaVi~'~ Executive Director -8- /3 .' . ~ 1, . " TO: FROM: SUBJECT: CITY OF SANTA ANA CITY ATTORNEY'S OFFICE 20 CIVIC CENTER PLAZA. SANTA ANA . CAlIFORNI~92iO!~«,'.>, (714) 834-4900 . . 'I . 'i JUlY 191980 ~,"'" June 18,1980 Honorable Chairman and Members of the Community Redevelopment Agency City Attorney Agenda Item 1.B., Meeting of June 16, 1980 The issue is whether a member of the Community Redevelopment Agency of the City of Santa Ana, who is also a member of the Santa Ana City &nployees' Credit union, is disqualified from voting on a Resolution of Necessity for Condemnation of a parcel of real property in connection with the Disposition and Development Agreement between the Agency and said Credit Union. . The word "income," as defined in Government Code Section 82030 ("Political Reform Act of 1974" as amended), specifically excludes shares in a credit union. Therefore, a member of the agency would have no financial interest in the decision within the prohibition of Government Code Section 87100. The credit union is formed pursuant to the "California Credit Union Law," Financial Code Sections 14000 et seq., and is under the jurisdiction of the Commissioner õT Corporations of the State of California. An examination of the California Credit Union Law reveals that a member of the credit union has no voice in management or control of the credit union, other than voting for directors and a supervisory committee at an annual meeting. Therefore, a member of the Community Redevelopment Agency of the City of Santa Ana is not disqualified from voting on the Resolution of Necessity by reason of conflict of interest laws. - EJC:ar ~ect~ll~~b~itted, ~~J~~ City Attorney EXHIBIT "A" Itf