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HomeMy WebLinkAbout01/05/1981 ,I. ,.~ . . . ~ ~ MINUTES SPECIAL MEETING COMMUNITY REDEVELOPMENT AGENCY SANTA ANA, CALIFORNIA JANUARY 5, 1981 The Special Meeting of the Community Redevelopment Agency of the Ci ty of Sa n ta Ana was called to order by Cha irman Rober t Luxembourger at 12:10 A.M.', (January 6, 1981) in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, Cal ifornia. After the pledge to the Flag and the Invoca tion given by Mr. Bricken, roll was called: PRESENT ABSENT Daniel Griset Al Serra to Gordon Br icken James Ward Robert Luxembourger Harry Yamamoto J. Odgen Markel Others in Attendance: Rex, Swanson, Executive Director David N. Ream, Community Development Director Thomas E. HammilJ1, Agency Real Estate Officer A. J. Wilson, City Manager Edward J. Coope~, City Attorney Laura Garcia, Secretary EXECUTIVE SESSION At 12:11 A.M., the Chairman recessed the Agency to an Executive Session to discuss legal matters. At 12:15 A.M., the meeting was reconvend with all members present. PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF PROPERTY WITHIN THE SUBSTITUTE PARKING SITE Chairman Luxembourger called the Community Redevelopment Agency of the City of Santa Ana to order. He announced that this was the time and place for the public hearing as continued from November 11, 1980 and again continued from December 15, 1980 to a special meeting of the Agency to be held at 7:30 P.M., on January 5, 1981 on the issue of the public necessity to acquire by condemnation property known as Assessor Parcels 008-127-06 and 008-127-08, for redevelopment purposes. Chairman Luxembourger requested that Staff identify the property or issues and give Staff recommendation. Mr. Thomas E. HammilJ1, Agency Real Estate Office~, reported that Staff, at the meeting of November 17, 1980, had already read into the record the identification of the property, public interest and necessity, greatest public good and least private injury. Chairman Luxembourger requested to hear from the public in agreement and disagreement with the condemnation of this property. Their being no comments, the Chairman closed the . . . . 7 public hearing and entertained a motion regarding the adoption of Resolution 80-113. A motion was made by Mr. Ward, seconded by Mr. Bricken and carried by the following roll call vote to adopt Resolution 80-113: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING AND DIRECTING THE CONDEMNATION FOR CERTAIN REAL PROPERTY FOR REDEVELOPMENT PURPOSES IN THE REDEVELOPMENT PROJECT AREA IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. AYES: Bricken, Griset, Ward, Serrato, Yamamoto, Luxembourger Markel None NOES: ABSENT: PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF PROPERTY WITHIN THE NORTH MAIN STREET SUBSTITUTE PARKING SITE Chairman Luxembourger announced that this was the time and place for the public hearing as continued from December 15, 1980 to a special meeting of the Agency to be held at 7:30 P.M., on January 5, 1981 on the issue of the public necessity to acquire by condemnation property known as Assessor Parcel 003-113-27, for redevelopment purposes. Chairman Luxembourger requested that Staff identify the property or issues and give Staff recommendation. Mr. Thomas E. Hammill, Agency Real Estate Officer, reported that the proper ty is loca ted on the eas t s ide of Nor th Ma in Street approximately 103 feet north of Twentieth Street. It has a frontage of 50 feet on Main Street with a depth of approximately 133 feet. The property contains 6,650 square feet and is improved with two (2) single story commercial structures of approximately 2,131 square feet. At the present time these two (2) structures are vacant. The public interest and necessity require the property for the following reasons: 1. The City Council, at its meeting of September 2, 1980, approved and directed implementation of the off-street Parking Management Plan for the removal of parking from North Main Street. It was determined at said meeting that the acquisition and construction of a parking lot on this parcel was essential and that City Staff should work with the Agency on this acquisition. 2. The Redevelopment Commission, at its meeting of September 9, 1980, recommended that the Agency authorize Staff to acquire this parcel. 3. The Redevelopment Agency, at its meeting of September 15, 1980, authorized Staff to acquire this parcel. The least private injury is demonstrated by the fact that the property is currently vacant of tenants or businesses and was previously for sale by the owner. All ownerships will receive just compensation for the taking of their property or their interest therein. -2- . . . . g The property is necessary following reasons: for the project because of the 1. It was previously determined by the City Council on September 2, 1980 and the Agency on September 15, 1980, after considering the plan for removal of parking along North Main Street and evidence submitted by the Staff, that the location proposed is the optimum location for a parking lot cons is ten t with the demand for addi tional off-street parking. 2. The efficient economical use of adjacent properties requires the acquisition of the subject parcel. 3. The construction of the parking lot and subsequent use will maintain the present patronage and employment levels of the businesses within the effected area. Chairman Luxembourger requested to hear from the public in agreement and disagreement with the condemnation of this property. The following person appeared before the Agency to speak against the adoption of Resolution 80-125: Z ika Djokov ich 10901 Coronel Road Santa Ana, CA 92705 After further discussion, Mr. Thomas E. Hammill stated that he had a letter from Mr. Nikolic's attorneý, and that he had requese ted tha tit be read in to the record. Cha irman Luxembourger then reques ted tha t sa id Ie t ter be read in to the record. "Re: Adoption of Resolution 80-125 "TO WHOM IT MAY CONCERN: "Please be advised VIas timir Nikol id, captioned matter. that this office with respect to represen ts the above "On December 8, 1980, I was advised by your office that the Agency would provide my office with a copy of the Staff report, which purports to indicate the necessity for taking the subject property, and that said report would be sent within the next week. "However, the repor t in ques tion was never sen t, putting this office at an extreme disadvantage in analyzing whether the publ ic in teres t would be served by taking my client's property. "We bel ieve the Agency breached its promise to provide the report in question, and has made it impossible for my client to point out why the public interest would not be served. In particular, it is our belief that the public interest would not be served because of the size of the lot in question. The subject lot will provide only a single row of parking, whereas the adjacent lot, for example, which is slightly larger would yield twice the parking fo~, at most, one and one-half times the price of my client's lot. -3- . . . . ? "Since we do not have the Staff repor t, it would be useless for us to appear a t the hear ing to obj ec t to it. We reques t, however, tha t in 1 ieu of our personal appearance, this letter be read into the record at such time as the matter may be heard. "Respectfully Submitted, L. Scott Karlin Attorney for Vlastimir Nikolic" Cha irman Luxembourger then s ta ted tha t he had a pe ti tion from Mr. Chuck Lovegrove, P.O. Box 891, Santa Ana, California, CA 92702. Mr. Hammill then told the Chairman that Mr. Lovegrove had a lien on the property and had requested to be heard but was not present. After further discussion a motion was made by Mr. Bricken, seconded by Mr. Serrato and carried unanimously to continue the Public Hearing to adopt Resolution 80-125: 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 NORTH MAIN STREET SUBSTITUTE PARKING SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR until the next regularly scheduled meeting of January 19, 1981. PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF PROPERTY WITHIN THE DOWNTOWN PARKING GARAGE SITE A motion was made by Mr. Griseti, seconded by Chairman Luxembourger and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to withdraw public hearing from Agenda to adopt Resolution 80-101: 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 DOWNTOWN PARKING GARAGE SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR, (The Redevelopment Agency, at its meeting of December 19, 1980 authorized the execution of an Agreement with Lloyds Bank which eliminated the need to adopt the above Resolution). PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF PROPERTY WITHIN THE DOWNTOWN PARKING GARAGE SITE A motion was made by Mr. Serrato, seconded by Mr. Ward and carried by a vote of 6:1 (Mr. Markel casting the "NO" vote) to withdraw public hearing from Agenda to adopt Resolution 80-102: 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 DOWNTOWN PARKING GARAGE SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR, (The Redevelopment Agencý, at its meeting of December 15, 1980 authorized the execution of an Agreement with Lloyds Bank which eliminated the need to adopt the above Resolution). -4- . . . . If) ADJOURNMENT Their being no further business before the Community Redevelopment Agency, the mee ting was adjourned at 12: 30 A.M.i, to January 19, 1981 at 1:00 P.M., in the City Council Chambers. ;h{~ Executive Director -5- -- ~