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HomeMy WebLinkAbout02/22/1983 , .. . . . 8' Ii MINUTES ADJOURNED REGULAR MEETING COMMUNITY REDEVELOPMENT AGENCY SANTA ANA, CALIFORNIA FEBRUARY 22, 1983 The Adjourned Regular Meeting of the Community Redevelopment Agency of the City of Santa Ana was called to order at 7:50 P.M., by Chairman Bricken, in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. After the Pledge to the Flag, Chairman Bricken asked that everyone rise for a moment of silent meditation of the great democratic values of our Country, as a memorial to George Washington, the Father of our Country. Chairman Bricken then announced that, due to a conflict of interest, he would ask Vice Chairman Luxembourger to preside. Chairman Bricken left the Chambers at 7:55 P.M. Vice Chairman Luxembourger asked that the Secretary make note of those members present. PRESENT ABSENT Gordon Br icken John Acosta Daniel Griset Robert Luxembourger J. Ogden Markel patricia McGuigan AI Serrato Others in attendance: A. J. Wilson, City Manager Rex Swanson, Executive Director Edward J. Cooper, City Attorney Phil Freeland, Director of Planning Services Thomas Hammill, Assistant Director Redevelopment and Real Estate Danny Musselman, Principal Real Estate Officer Mellmary McNeely, Secretary and Developmen t CONTINUATION OF PUBLIC HEARING TO ADOPT RESOLUTION DIRECTING CONDEMNATION OF PROPERTY WITHIN THE FERRANTE/WALDER (B-1) DEVELOPMENT SITE (819 N. FLOWER STREET) Vice Chairman Luxembourger announced it was the time and place for the continuance of the public hearing commenced on February 15, 1983 on the issue of the public necessity to acquire by condemnation property known as Assessor Parcel 005-142-40 for ." " . . . 'i redevelopment purposes. He then requested staff to identify the property and the project and to comment on the factors and evidence necessitating the condemnation action, and to 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. The City Manager introduced the Executive Director and asked him to present the staff report. The Executive Director then called upon the Assistant Director of Redevelopment and Real Estate who addressed the Agency and, after pointing out the parcel on a site map on display in the Council Chambers, stated that the property consists of a residential lot improved with a house, which has been converted into a law office and is located at 819 N. Flower Street~ Santa Ana, California. He added that the property is owned by Leslie Badin, Jr., Heather Badin, and Elizabeth M. Tipping and is an irregular shaped lot measuring approximately 83' x 64', more or less, containing 5,224 square feet. He stated further that the property is improved with a one-story single family residence constructed in 1908, containing 785 square feet and that the residence is now utilized as a law office which has a total of six rooms consisting of a reception area, four office spaces and a half bath. He added that the lot is also improved with a 3,500 square feet of asphalt paved parking which provides nine parking spaces. The Assistant Director of Redevelopment and Real Estate pointed out that the public interest and necessity require the property for the following reasons: 1. The Agency has entered into a Disposition and Development Agreement with Ferrante/Walder, dated October 4, 1982. The subject property is included in the Agreement with Ferrante/Walder for redevelopment. 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. He stated further that the property is an owner-occupied law office and will receive relocation benefits pursuant to the relocation guidelines. He added that the property is necessary for the project because it is required to conform to the Disposition and Development Agreement previously adopted by the Agency and that the owners will receive just compensation for the taking of their property. He commented further that the 2, ! . . . /0 project is planned and located pursuant to hearings previously held by the Redevelopment Commission, the Planning Commission, the City Council and the Redevelopment Agency and will provide commercial uses for the area and will represent a redevelopmeent of the property; thereby, generating increased commercial and office spaces, employment and additional tax base for the citizens of Santa Ana. He advised that an offer of just compensation has been made to the owners of the project. In response to a question from Mr. Markel, the Executive Director stated that that the Agency was in conformance with State law regarding the notification of the public of the continuation of this Public Hearing from February 15, 1983. Vice Chairman Luxembourger then invited Mrs. Elizabeth Tipping who is a 50% owner of the property located at 819 N. Flower, to address the Agency. Mrs. Tipping read from a prepared statement as follows: "STATEMENT TO SANTA ANA REDEVELOPMENT AGENCY REGARDING CONDEMNATION OF ASSESSOR'S PARCELS 005-141-42 AND 43 (005-142-40) COMMONLY KNOWN AS 819 N. FLOWER STREET, SANTA ANA, CALIFORNIA" "The determination to be made is that the public interest and necessity overcome my private property rights and that the greatest public good at the least private injury occurs in acquiring land for the planned project." "In this instance the publ ic good appears to be to condemn my property to give it to another private sector individual to build office space. My building is at present being used for the same purpose, office space. It has been completely renovated inside and outside in 1980 to come up to professional office space standards as determined by the City of Santa Ana and inspected by and signed off by its inspectors." "The proposed use of my property is for several parking spaces for the proposed office building." "I do not believe that public interest and necessity are furthered by taking my building and giving it to other individuals so they can build a project for an identical purpose ." "Secondly, I do not believe the Redevelopment Agency has fully dealt with the requirement of the greatest public good and least private injury." 3. f " . . . /1 "My husband carries on his legal practice in this office and the overhead is exceedingly reasonable for the site of his office space in this particular area. Also, in approximately 5 years the entire obligations on the property will be paid in full and the overhead will again decrease." "Also, the Agency's contract with the developer allows for other property to be used or acquired for necessary parking for the project. The Agency is aware that substantial additional property has been acquired in proximity to the project, which would more than replace the square footage in my parcel." "In summation the Agency is transferring property from one individual to another individual to be used in exactly the same manner, which I cannot see furthers the public interest. Also, other property which the City already owns, could be used within the provisions of its contract for the necessary parking and this action would alleviate substantial private injury." "Build your project but build it around my property, which I believe would fulfill your burden and obligation to avoid and alleviate private injury in approving these projects." Mr. Leslie Badin, Jr. advised the Agency that he too supported the position outlined in Mrs. Tipping's written statement. Mr. Markel stated that he too supported this position and objected strenuously to this property being taken from its owners and made a part of the Ferrante/Walder Development site. Vice Chairman Luxembourger asked if there were any other speakers in the audience who wished to come before the Agency. There being none, he declared the Public Hearing closed. After further discussion, it was moved by Mr. Griset, seconded by Mr. Markel and carried by a vote of 5:1 (Mr. Markel voting "NO") that the Agency adopt Resolution 83-4: 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 FERRANTE/WALDER JOINT VENTURE DEVELOPMENT SITE IN THE CITY OF SANTA ANA, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. Mr. Bricken returned to the Council Chambers at 9:10 P.M. 4. ,). . " . . Lu- - . /2. ~ PUBLIC HEARING FOR THE PROPOSED SALE BY THE REDEVELOPMENT AGENCY TO BIRCHPARK ASSOCIATES (A-l DEVELOPMENT SITE) After a brief discussion, it was moved by Mr. Serrato, seconded by Mr. Griset and carried unanimously (7:0) that the Public Hearing for the proposed sale by the Redevelopment Agency to Birchpark Associates be continued to the Agency meeting of March 15, 1983. ADJOURNMENT There being no further business to come before the Agency, the meeting was adjourned at 9:20 P.M. ~~. Rex Sw son, Executlve Dlrector ~/~ ~ ~v/7~4'~ CI' ;¡ Robert Luxembourger, Vice Chairman 5.