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HomeMy WebLinkAbout1974-12 CRA RESOLUTION NO. 74-12 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH JOSEPH L. GILMAKER IN SETTLEMENT OF LITIGATION . WHEREAS, Joseph L. Gilmaker filed an action in the Orange County Superior Court known as Joseph L. Gilmaker vs. Community Redevelopment Agency of the City of Santa Ana, et al., Case No. 206 253, challenging the validity of the Community Redevel- opment Plan; and WHEREAS, it is in the best interest of the Community Redevelopment Agency of the City of Santa Ana to obtain a dis- missal with prejudice of said action; and NOW, THEREFORE, BE IT RESOLVED that the Community Redevelop- ment Agency of the City of Santa Ana hereby approves ~he Agreement attached hereto as Exhibit "A", and clauses 1 through l' of said Agreement between the Community Redevelopment Agency and Joseph L. Gilmaker for the dismissal of Orange County Superior Court Case No. 206 253 and authorized the Chairman of the Agency to execute said agreement on behalf of the Agency. APPROVSD AND ADOPTED this 19thday of ATTEST: July ,1974. ~~J.Lu.~ Florence I. Malone, Recording Secretary APPROVED AS TO LEGAL FORM: I hereby certify that the foregoing Resolution was duly adopted by the Community Redevelopment Agency of the City of Santa Ana, California, at a special meeting thereof, held on the 19th day of July, 1974, by the following vote, to wit:- - AYES, Members: Garthe, Griset, Patterson, Evans, Ward NOES, Members: None ABSENT, Members: Yamamoto, Markel ATTEST: ~~.....Q~ Flo nce I. Malone, Record~ng Secretary '0(' . -8 .'"" AGREEMENT BETWEEN JOSEPH L, GILMAKER AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA IN SETTLEMENT OF LITIGATION THIS AGREEMENT is entered into by and between the Community Redevelopment Agency of the City of Santa Ana, (hereinafter refer- red to as "Agency"), and Joseph L, Gilmaker (hereinafter referred to as "Gilmaker"). The Agency and Gilmaker agree as follows: 1. Waiver of Eminent Domain and Development and Use of the Property. A. Waiver of Power of Eminent Domain. Agency shall not acquire the property designated as Orange County Assessor's Parcel Nos. 008-122-05, 008-122-06, 008-122-10, 008-122-11, and 008-122-12, shown on the Assessor's Parcel Map attached hereto as Exhibit "A", and hereinafter referred to as "site" through the use of eminent domain for a period of seven (7) years from the date of this agreement unless otherwise agreed to in writing by the parties. B. Continuation of Present Use or Rehabilitation. Gilmaker may, at all times within said seven (7) year period, continue the use as presently made of the "site", or rehabilitate the buildings on said "site" to City approval. C. Development of the Property. Gilmaker may, at any time within said seven (7) year period, develop the "site" or any portion Exhibit "A" . ," . . , J': thereof, with the approval of the Agency. Gilmaker will use all good faith efforts to bring about a development of the "site" that will contribute to the best interests of all concerned. Eminent Domain shall not be exercised by the Agency thereafter as to any portion of the "site" so developed. D. The Agency desires and urges participation in the growth and development of the project area by as many owners and tenants as possible, and will take all reasonable steps to that end con- sistent with the provisions and purposes of the redevelopment plan. 2. OWners and Tenant Participation (Residential and Business) . The Rules for Owner Participation in the City of Santa Ana Redevelopment Project Area and the City of Santa Ana Redevelopment Project Area Rules to Extend Reasonable Preference previously adopted by the Agency shall be combined and amended by Agency Resolution, effective upon the dismissal of the subject litigation with prejudice, to read as set forth in Exhibit "B" attached hereto. 3. Eminent Domain Limitations. Except for public improve- ments, facilities, and utilities, and for a period of seven (7) years, the Agency shall use eminent domain only if thE! property to be condemned is the subject of an OWner Participation Agree- ment or Disposition and Development Agreement between the proposed participant or developer and the Agency. After seven (7) years it shall be the policy of the Redevelopment Agency not to use eminent domain except for specific properties considered necessary to carry -2- , ' , . . , .~, out a successful financially economic plan productive for the tax- payers of the City of Santa Ana, and then only after a noticed public hearing is held prior to the filing of any action of eminent domain. The sale of land to be acquired by eminent domain pursuant to such OWner Participation Agreement or Disposition and Development Agreement shall be made only after a noticed public hearing. This policy shall be adopted by Resolution of the Agency, effective upon the dismissal of the subject litigation with prejudice. 4. Citizens'Advisory Committee. The Agency recoqnizes the Property Rights Association of Santa Ana Advisory Committee, hereinafter referred to as PRASA, in addition to the Project Area Committee which presently exists. The number of members thereof, their terms of office, and the method of their appointment shall be established by PRASA. The PRASA shall have the right to advise the Agency and/or the Santa Ana Community Redevelopment Commission as to all matters affecting business and residential owners and tenants within the Project Area, and as to whether the City, and/or Agency, and/or said Commission is or is not following all applicable legal requirements in carrying out the City of Santa Ana Redevelopment Plan. The Agency and the City are not required to supply funds or staff to said committee. The Agency shall mail notices of all Community Redev- elopment Commission and Community Redevelopment Agency meetings to PRASA at 308 W. Fourth Street, Santa Ana, California, until further notified by PRASA in writing. -3- . . , .' 5. Extension of Agreement to Other Persons. The Agency shall extend the opportunity to all property owners within the Project Area to enter into an agreement which is the same or is similar to the subject agreement except that with respect to the question of waiver of eminent domain, the Agency shall in good faith discuss the waiver of eminent domain with any of such persons. 6. Litigation. Gilmaker shall effect the Joseph L. dismissal with prejudice of the matter known as Joseph L. Gilmaker vs. Community Redevelopment Agency of the City of Santa Ana, et al., Orange County Superior Court No. 206 253. A Request for Dismissal shall be made on the official form adopted by Rule 982 of the Ju- dicial Council of California, revised effective July 1,1972, and shall have the contents shown on the document attached hereto, labeled Exhibit "c" and incorporated herein by this reference. Said Request for Dismissal shall be delivered to the Agency fully executed concurrently with the execution of this Agreement by Gilmaker and the delivery thereof to the Agency. The executed Request for Dismissal shall be held by the Agency for filing with the Court upon the execution of this Agreement by Gilmaker and the Agency. 7. This subject agreement is not and shall not be construed as an OWner Participation Agreement or Disposition and Develop- ment Agreement. DATED: July 19th ATTEST: , 1974. ~J..-LU~ Florence I. M~lone, Recording Secretary By -4- . . .. DATED' ~ . "". STATE OF CALIFORNIA) ) sS.: COUNTY OF ORANGE) GILMAKER r By On the d day of ø.¡. , 1974, before me, the undersigned, a nota~ublic in and for said County and State, personally appeared JOSEPH L. GILMAKER, known to me to the person whose name appears in the preceding document, and acknowledged to me that he executed the same. I~ OFFICIAL. SEAL. G. DAVID TAYCO NOTARY PUBUC . CAUFORNIA PRINCIPAL ornCE III ORANGE COUNT! .. My Commission Expires July 8, 1978 .... -5- ¿~~?L ~ for Said County and State . . STATE OF CALIFORNIA) ) ss.: COUNTY OF ORANGE ) On , -- \ ,., , 1974, before me, the undersigned, a Notary Public in and for said State, personally appeared JERRY M. PATTERSON, known to me to be the Chairman of the Community Redevelopment Agency of the City of Santa Ana, California, the public agency that executed the within instru- ment on behalf of said public agency, and acknowledged to me that such public agency executed the within instrument pursuant to its by-laws or a resolution of its members. WITNESS my hand and official seal ~--"'._"""-~ OFFICIAL SEAL MARTHA E, LEE @'NOTARYPUBLlCCALlFORNIA PRINCIPAL OFFICE IN ¡. ORANGE COUNTY My CommisBion Expi,.. 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COM1~UNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ~!ENDED RULES GOVERNING PARTICIPATION BY AND PREFERENCES TO OWNERS, OPERATORS OF BUSINESSES AND TENANTS In The CITY OF SANTA ANA REDEVELOPMENT PROJECT AREA Section I. GENERAL These rules are promulgated to implement the provisions of the Redevelopment Plan for the c~ty of Santa Ana Redevelop- ment Project regarding participation and the exercise of pre-' ferences by owners, operators of businesses, and tenants in the Project. These rules set forth the procedures governing such preferences and participation. The Community Redevelopment Agency of the City of Santa Ana ("Agency") desires and urges participation in the growth and development of the project area by. as many owners, operators of businesses and tenants as possible, and will take all reason- able steps to that end consistent with the provisions and pur- poses of the redevelopment plan. In view of the pattern of land assembly and integrated development envisioned by the Redevelop- ment Plan persons and firms doing business in the Project area will be encouraged to form partnerships, corporations or other joint entities to take advantage of their participation and preference opportunities. Participation opportunities are necessarily subject to and ~imited by factors such as the following: . 1. The elimination and relocation of some land uses. 2. The realignment and abandonment of some streets. 3. The ability of participants to finance the proposed developmen t. 4. The reduction of the total number of individual parcels in the Project area. Section II. PARTICIPATION BY OWNERS OF REAL PROPERTY A. Participation In The Same Location In appropriate circumstances where such would foster the unified and integrated development contemplated by the Redcvelop- EXHIBIT 8 . ment Plan, an owner may participate in substantially the same location by retaining all or portions of his property and purchasing other property if needed and available for develop- ment in accordance with the Redevelopment Plan. Where a proposal to participate in the same location in- volves a building in good condition, but with an existing use . which does not conform to the provisions of the Redevelopment Plan, the Agency may allow such use to continue provided that . .such use is generally compatible with the permitted uses in the area in which it is located. In order to remain with a non- conforming use, theowner must agree to the imposition of such reasonable restrictions as are necessary to protect the permitted uses in the .area. The final decisions concerning land acquisition by the Agency will be based upon the conditions existing at the time . the Agency purchases property or enters into participation agreements. . Without the consent of an owner, the Agency shall not acquire any real property on which an existing building is to be continued on its present site and in its present form and use unless such building requires structural alteration, im- provement, modernization or rehabilitation, which the owner refuses to perform; or the site or lot on which building is situated requires modification in size, shape or use. B. Participation in a Different Location The Agency will offer cleared land for purchase by business ~r residential owner~participants found ready, willing and able to develop that land with the development approved for the site by the Agency. Property sold tó owner-participants will be made available at fair value for the uses designated in the' Redevelopment Plan. c. Reasonable Preferences e.' The Agency shall extend reasonable preferences to owners who are ready willing and able to re-enter within the redeveloped area pursuant to the Plan. Conflicting desires among participants 'for particular sites or land uses will be resolved by considera- tion of such factors as the length of time in the area; accomo- dation of as many participants as possible; similar land use to similar land use; conformity of a participation proposal with the intent and purpose of the Redevelopment Plan. Section III. PARTICIPATION BY TENANTS Pursuant to these rules, persons and families who are ten- ants engaged in business. or residing in the pr6ject area will be given opportunities to remain or to obtain reasonable pre- -2- "'" . . . ferences to reenter within the redeveloped area if they other- wise meet the requirements prescribed by the Plan. A. Tenant Participation as Owners Tenants will be given reasonable preferences to purchase and develop real property in the Project Area prior to offer- in9 for sale to the general public. Property sold to such ten- ants will be made available at fair value for the uses designated in the Plan. B. Preferences for Business Tenants as Tenants Business tenants who desire to reenter the redevelopment Project area as tenants will receive reasonable preferences to 1ocate in the Project area in accordance with the prescribed Uses of the Plan. Priority in the lease or rental of redeveloped property pürchased from the Agency and to be leased or rented for, residential use shall be given to person and families displaced or to be displaced frem dwellings within the project Area who are ready, willing and able to enter into such lease or rental .agreements. Priority in the lease or rental of redeveloped property 'purchased from the Agency and to be leased or rented for business use shall be given to business owners and tenants located within the Project Area at the time the redevelopment plan was adopted who are ready, willing and able to enter such lease or rental a9reement. Section IV. PROCEDURE FOR BECOMING A PARTICIPANT A. Procedure for Participation as Residential or Business Owner or Tenant . Every person interested in participating as a residential or business owner or tenant must submit to the Agency a statement indicating such interest. The form of the Statement of Interest is attached hereto, and copies may be obtained from the Agency upon request. Before entering into an agreement with any developer, owners and tenants in the "site" will be giver. an opportunity to submit a Statement of Interest within sixty (60) days following any written notice of such opportunity. The Agency may disregard Statements of Interest submitted after'such 60-day period. The Agency will notify each person who'submits a Statement of Interest of the time within which he must subrnìt his pro- posal for participation. opportunity will be given to discuss proposals with the Agency staff and to make necessary adjustments. The Agency will make every effort to meet the desires of every person de- siring to participate in the Project. -3- ... . . . . . B. Participation Agreement Each owner or tenant who has submitted an acceptable pro- posal for owner or business tenant participation will be requir- ed to enter into a participation agreement with the Agency. Each agreement will contain provisions necessary to insure that the participation proposal will be carried out, and that the subject property will be developed or used in accordance with the conditions, restrictions, rules and regulë:.tions of the Re- development Plan and the agreement. Each agreement will require the participant to join in the recordation of such documents as the Agency will require in order to insure such development. The agreement will also provide that a successor in interest of the original participant may become a participant with the approval" of the Agency. Participation agreements will be effective only if approv- ed by the Members of the Agency. Section IV. AMEN~ŒNT OF OWNER PARTICIPATION RULES The Agency may amend these Rules at any meeting held after their adoption. Any amendments after the filing of statements of intent shall be made only after notice to the persons who have filed such statements. Such notice shall be by mail post- ed at least fourteen (14) days before the date of the meeting at which the proposed amendment will be considered. -4- ..J . . . . ". . '. .5. ,7. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA CITY OF SANTA ANA REDEVELOPMENT PROJECT STATE~lliNT OF INTEREST IN PARTICIPATION I hereby express my interest in participating in the Rede- velopment Project and submit the following information: ~. Name Telephone 2. . Home Address 3. Name of Business 4. Address of Business My present involvement in the Project area is: 6. I now own property in the project---- I now lease property in the Project---- Explain: 7. I AM INTERESTED IN PARTICIPA~ING: .AS A PROPERTY OIvNER -' 8." . If I participate: AS A BUSINESS TENANT ---- I would like to continue at the same location, I would like to change my present location ~ I would like to acquire real property for expansion (indicate approximate requirements) REMARKS: I understand that submission of this Statement of Interest form does not obligate me tp participate if the Redevelopment Plan. is carried out, nor docs it indicate an opinion concerning the City of Santa Ana Redevelopment ?roject. ,.;... Signed . ~ - . . , . N_, Addo... .... T.I..hon. No. 0' AII"oo,(" Sp.c. ..Iow '0' U.. 0' Court CI.,' On'y ROBEkT F. \'lALDRON 2020 N. Broadway, suite 102 Santa Ana, Califoria 92706 Attomey(s) for.. .. ..~~~.~I'l~.~~.~.. ..' . ..,., ......".... . . . . . .~~~~R.I.<?~. . . . . COURT OF CALIFORNIA, COUNTY OF. . . ~~~~. . . . . , , . . 1SUPERIOR, MUNICIPAL. or JUSTICE) .................................,."................, .........". (Name of Municipal 0' Julllca Court Olst,lct 0' of brooch cou,t, If .ny) I'I8IntIff(s): JOSEPH L. GILMAKER CASE NUMBER 206 253 (Abbr.vlated T;ne) REQUEST FOR DISMISSAL lYPE OF ACTION 0 Personal Injury. Proper~r Damage end Wrongful Death: 0 Motor Vehicle 0 Olher 0 Domestic Relations Çl Eminent Domain XJCOIMr: (Spoc;~) . \,Ia.l,i.,<l.J,.:1, .9.:1;. .~~c;l.~~E¡!.l9P¡nent Plan Ðefendant(s): COMMUNITY REDEVELOPMENT . AGENCY OF THE CITY OF SANTA ANA , et al., TO THE CLERK: Please dismiss this action as (ollows: (Check applicable boxes.) ~ 1. fg{Wif.h prejudice 0 Without prejudice . 2. fg{Entire action 0 Complaint only ~Other: (Specify)' 0 Petition only 0 Cross-complaint only As to all parties defendant Dated:.. .............., ....................'......,.. '" dismissal ",ques'ed is 01 specIfied pa,ties only. of specified causes 01 action only 0' 0' specified «oss.complain1s only, so ..... .nd Identify tho pani.s. causes of aclion .. c,"ss-complaints to be dismiued, Allorney(s) for... !'.+~~.t:I):;~.:I;):..,......................... ROBERT F. WALDRON (Type or print allorney(s) name(s)) . TO THE CLERK: Consent to the above dismissal is hereby given." Dated: .... .. . .. .. .. . . .. . .. .. .. . .. .. ' .. .. . .. . .. . .. . .. . "When. cros..complalnt (0' Respons. IMa..ia.e, s.ekon. allirma- live ,elief) is on "". Ih. allo",eyls) '°, Iho cross.complalnanl (",spondent) must sIgn thIs consent when ,eQuired by CCP 581(1). (2) 0' (5). AIIOrney(s) for.............,....,...,."""""""""'" (Typo or print allorney(s) name(s)) (To be completed by clerk) 0 Dismissal entered as requesled on ................................ .. .. .. .. .. , .. ." .. .. .. . .. , . , .. .. .. .. .. . .. .. . .. .. . .. 0 Dismissalenleredon ...........".... ........."....... ..as to only.,.......... ...... .....".. ...".... ............. 0 Dismissal nol ente,ed as requested for the following reason(s), and attornoy(s) notified on . . ,....",. . ., . ..,., ,.",. . .,. ..'", . Clork ~ .. 0 . : .o,m AdOplfl" by Ruin 902 of (rp<-, T... .f".i"eO r.oun"" 0' r.."'..nl. Doted.... .... ..,.,..."........ ... ,. .,... .......,... By , Deputy REOUE5T FOR DI5MISSAL EXHIBIT C CCP 5ðt, etC.: c... Rut.. 01 coun. ...