RA1984/01/1771
Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
January 17, 1984, :30 A.M.
PRESENT: AGENCY MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
ABSENT: AGENCY MEMBERS: None
PRESENT: CITY MANAGER: William 0. Talley
CITY ATTORNEY: William P. Hopkins
SECRETARY: Linda D. Roberts
EXECUTIVE DIRECTOR: Norman J. Priest
Chairman Roth called the regular meeting of the Anaheim Redevelopment Agency
to order at 10:00 a.m.
MINUTES: Agency Member Kaywood moved to approve the minutes of the regular
meeting held December 20, 1983. Agency Member Pickler seconded the motion.
MOTION CARRIED.
FINANCIAL DEMANDS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY in the amount of
$28,971.97 and $8,133.75 for Series C Bonds, in accordance with the 1983 -84
Budget, were approved.
CONSENT CALENDAR ITEMS: Agency Member Kaywood offered Resolution Nos. ARA84 -4
through ARA84 -6, both inclusive, for adoption, in accordance with the reports,
recommendations and certifications furnished each Agency Member and as listed
on the Consent Calendar Agenda. Refer to Resolution Book.
1. 161.123: RESOLUTION NO. ARA84 -4: A RESOLUTION OF THE ANAHEIM
REDEVELOPMENT AGENCY APPROVING THE TERMS AND CONDITIONS OF COOPERATION
AGREEMENT NO. 24 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE CITY OF
ANAHEIM. (in an amount not to exceed $1,250,000 for engineering and
construction of public improvements in the Neighborhood Preservation Area No.
2 located in Project Alpha)
2. 161.123: RESOLUTION NO. ARA84 -5: A RESOLUTION OF THE ANAHEIM
REDEVELOPMENT AGENCY APPROVING THE TERMS AND CONDITIONS OF COOPERATION
AGREEMENT NO. 25 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE CITY OF
ANAHEIM. (in an amount not to exceed $46,000 for engineering and construction
of public improvements in the Neighborhood Preservation Area No. 3 located in
Project Alpha)
3. 161.123: RESOLUTION NO. ARA84 -6: A RESOLUTION OF THE ANAHEIM
REDEVELOPMENT AGENCY APPROVING THE TERMS AND CONDITIONS OF COOPERATION
AGREEMENT NO. 26 FOR RIGHT OF WAY AND PUBLIC IMPROVEMENTS WITH THE CITY OF
ANAHEIM. (in an amount not to exceed $770,000 for engineering and
construction of public improvements in connection with the widening of Anaheim
Boulevard, Broadway to Ball Road, said improvements benefiting Project Alpha)
Roll Call Vote:
AYES: AGENCY MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
The Chairman declared Resolution Nos. ARA84 -4 through ARA84 -6, both inclusive,
duly passed and adopted.
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HE
Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
January 17, 1984, 9:30 A.M.
161.123: COMPLETION OF REHABILITATION TO A RESIDENTIAL STRUCTURE AT 204 NORTH
HELENA STREET - ROBERT E. AND BONNIE J. ALLEN: Agency Member Kaywood asked
for an explanation relative to the Agency waiving its right to an action of
Eminent Domain with respect to the property for 15 years, as outlined in staff
report dated January 10, 1984, from the Executive Director.
Mr. Norman Priest, Executive Director of Community Development, stated that
was done so that the property owner would have some reassurance from the
Agency in exchange for investing money to upgrade the property that they would
not be subject to Eminent Domain proceedings in the immediate future. If they
did not maintain the property or violated the terms, that would be voided.
Fifteen years was a reasonable period to amortize over, since it was the
normal length of a home improvement loan.
MOTION: Agency Member Kaywood moved to accept the completion of the
rehabilitation to a residential structure located at 204 North Helena Street
and owned by Robert E. and Bonnie J. Allen, and authorizing the Executive
Director to execute and file a Notice of Completion therefor; and authorizing
a Certificate of Conformance verifying improvements are in conformance with
Redevelopment Project Alpha Plan.
Before any action was taken, Councilman Bay asked if it were true that the
City or the Agency in a legal agreement could waive its Eminent Domain rights. ammm
City Attorney William Hopkins stated that the City could not waive its Eminent
Domain rights, but there could be an agreement that would work in a way that
it could be handled.
Councilman Bay stated since the City could not legally waive its Eminent
Domain rights, he first questioned the logic of any waiver or attempt to waive
Eminent Domain, as well as the question of legality relative to the Agency.
Mr. Priest stated relative to the latter, one of the issues they encountered
in neighborhoods was that the residents saw no incentive to improve their
property if anything from day one to 15 years later the Agency could come back
and condemn them. If they were not to give some such waiver, they would have
very little assurance that the Agency could proceed with neighborhood
preservation. The agreement was not before the Agency today because it had
been before them some months ago; the notice of completion and certificate of
conformance was the issue today.
Agency Member Bay asked if the waiver of Eminent Domain was made previously;
Mr. Priest answered that he was sure it was. They discussed that issue with
Special Counsel and it was done by redevelopment agencies. For purposes of
redevelopment, they did so with any major developer. He then gave as an
example the Chamber of Commerce development where the waiver was given.
Agency Member Roth seconded the motion. Agency Member Bay voted "No." MOTION
CARRIED.
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Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
January 17, 1984, 9:30 A.M.
ADJOURNMENT: Agency Member Roth moved to adjourn. Agency Member Kaywood
seconded the motion. MOTION CARRIED. (10:08 a.m.)
LINDA D. ROBERTS, SECRETARY
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