HomeMy WebLinkAbout06/16/1980
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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.
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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.
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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:
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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.
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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
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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.
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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:
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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
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TO:
FROM:
SUBJECT:
CITY OF SANTA ANA
CITY ATTORNEY'S OFFICE
20 CIVIC CENTER PLAZA. SANTA ANA . CAlIFORNI~92iO!~«,'.>,
(714) 834-4900 . . 'I .
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JUlY 191980
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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.
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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.
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EJC:ar
~ect~ll~~b~itted,
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City Attorney
EXHIBIT "A"
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