Laserfiche WebLink
<br />MOSHENKO, RUSS & ASSOCIATES <br />ATTORNEYI AT LAW <br /> <br />TERRY M. MOSHEHKO <br />A ,.......1..,.1 Low C........... <br />. (714) 752.9. 51 <br /> <br />(714) 752. . O7 <br /> <br />JAMES P. RUSS <br />A "oI...ioNl Low Co"",o"on <br /> <br />18952 Ma.A,th.... BouIev.nI <br />Daugla, PI..... Sui.. 102 <br />1",lno, Callfo,nla 92715 <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />January 15, 1982, <br /> <br />Edward Cooper, Esq. <br />City Attorney <br />City of Santa Ana <br />Santa Ana, CA <br /> <br />Dear Mr. Cooper: <br /> <br />In the December meeting of the Redevelopment Agency, <br />I was asked to present to you a summary of our contentions <br />concerning the proposed Redevelopment Project affecting the <br />parking lot behind Sombrero Street, Inc. <br /> <br />It is our basic belief and contention that where <br />the Agency has previously taken and committed the property to <br />Sombrero Street for the purpose of causing Peter Des Rochers <br />to invest large sums of money toward his redevelopment project, <br />it should not disavow or breach its agreements and commitments <br />for the purpose of causing a second redevelopment project. This <br />principle involves not only matters of law, but also raises <br />issues concerning the integrity of the Agency. The Agency staff <br />is not just proposing to remove a valuable property right, but <br />is also callously disregarding and destroying the "opportunities <br />and expectations" previously used, i.e., "sold" Sombrero Street <br />for Sombrero Street's commitments (and full performance thereof) <br />to their earlier redevelopment project. <br /> <br />The suggestion that fair compensation will be paid and <br />equivalent parking rights or benefits will be granted cannot be <br />evaluated since the particulars of what will be provided have <br />never been shown. How can the Agency be asked to approve a <br />contract with A. Fainberg which includes a taking of the rights <br />of Sombrero Street, unless the terms of the taking have been <br />disclosed? Obviously, more information should be demanded by <br />the Agency first before it considers the proposed project. <br /> <br />Further, no apparent consideration is being given to <br />the value of taking "opportunity" (to own property in perpetuity), <br />to the damage Sombrero Street is guaranteed to suffer during <br />construction, to alternative methods of accomplishing the same <br />ends (without the full taking of Sombrero Stree's interest), <br />and to certain procedural and legal deficiencies in the process <br />to date. Some of those points include the following: <br /> <br />ó <br />