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RA1980/09/2380 -77 ANAHEIM REDEVELOPMENT AGENCY September 23, 1980, 1:00 P.M. Council Chamber Anaheim City Hall PRESENT: AGENCY MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour (entered 1:16 P.M.) ABSENT: AGENCY MEMBERS: None PRESENT: DEPUTY CITY MANAGER: James Ruth CITY ATTORNEY: William P. Hopkins SECRETARY: Linda D. Roberts EXECUTIVE DIRECTOR: Norman J. Priest REDEVELOPMENT MANAGER: Susan Schick Chairman Pro Tem Overholt called the regular meeting of the Anaheim Redevelopment Agency to order. MINUTES: On motion by Mrs. Kaywood, seconded by Mr. Bay, minutes of the Anaheim Redevelopment Agency regular meeting held September 2 and September 9, 1980 were approved. Mr. Seymour was absent. MOTION CARRIED. Chairman Seymour entered the Council Chamber. (1:16 P.M.) FINANCIAL DEMANDS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY in the amount of $62,485.91, in accordance with the 1980 -81 Budget, were approved. 161: MONTHLY STATUS REPORT - AUGUST 1980: Mrs. Kaywood moved to receive and file the Monthly Status Report covering Redevelopment Agency activities for the month of August 1980. Mr. Overholt seconded the motion. Before a vote was taken, Mr. Bay asked to know the kind of penalty clauses that were being enforced on the contractor for slips in schedule on completion of the affected streets in Downtown Project Alpha. Mr. Norm Priest, Executive Director of Community Development, stated that the October 10, 1980 date for completion, as indicated in the subject report, was still holding at this time. A vote was then taken on the foregoing motion. MOTION CARRIED. 161.157: ACCEPTANCE OF REMODELING WORK AT THE EL CAMINO BANK BUILDING: Mr. Roth offered Resolution No. ARA80 -31 for adoption, accepting the remodeling work performed by Home Modernizers for 106 North Claudina Street, third floor, in accordance with the letter agreement dated August 19, 1980 in the amount of $800 and directing the Agency Secretary to file a Notice of Completion, as recommended in memorandum dated September 11, 1980 from the Executive Director of Community Development. Refer to Resolution Book. RESOLUTION NO. ARA80 -31: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY ACCEPTING THE COMPLETION AND FURNISHING OF ALL PLANT, LABOR, SERVICES, MATERIALS AND EQUIPMENT AND ALL UTILITIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO COMPLETE A WORK OF IMPROVE- MENT. (Contract No. D80 -6) 80 -78 ANAHEI RE DEVELOPMENT AGENCY, SEPTEMBER 23, 1980, 1:00 P.M. Roll Call Vote: AYES: AGENCY MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None Chairman Seymour declared Resolution No. ARA80 -31 duly passed and adopted. 161.107: CHANGE ORDER FOR DEM - LUTHER KELLY CO NTRACT D80 -2: On motion by Mr. Bay, seconded by Mrs. Kaywood, a Change Order was approved to the demo- lition contract with Luther Kelly Demolition, (D80 -2), deducting $1,400, thereby amending the contract price to $12,900, for deletion of one residential struc- ture located at 211 North Claudina Street, as recommended in memorandum dated September 16, 1980 from the Executive Director of Community Development. MOTION CARRIED. 161.177: SETTING OF A PUBLIC HEARING ON THE MARKS -FORAN BOND ISSUE: Mr. Priest first briefed the Agency on his report dated September 17, 1980 recommending that a hearing be set on October 4, 1980 concering the establishment of boundaries of residential rehabilitation area, adoption of plan for public improvements, adoption of Rules and Regulations and certain other matters relating to Anaheim Redevelopment Agency Residential Rehabilitation Program. He also elaborated on the points contained in the discussion portion of his report which outlined the program and items that would be discussed and considered at the public hearing, aided =NOW by a posted map of the entire City showing the age of housing in Anaheim as designated by a color code. At the conclusion of his presentation, Mr. Priest explained that those items would be coming back to the Agency for consideration subsequent to the public hearing. He would not know whether they would be in that exact form until the matter was discussed with the citizens committee appointed by the Agency the previous week. The action today would be to set the time and date for the hearing and since both times were open, it could be at 1:00 p.m. or in the evening of October 14, 1980. Mr. Roth stated that in view of the report he had received that morning from Legal Counsel relative to the Marks -Foran Residential Rehabilitation Bond Program (_see letter dated September 18, 1980 from the law offices of Jones, Hall, Hill and White), he was going to abstain from any voting on the issue and would do so from now on until further notice. Chairman Seymour stated that he would be doing likewise, as he suggested at the last meeting (_see minutes September 16, 1980), because the matter continued to be unclear. Mr. Overholt offered Resolution No. ARA80 -32 for adoption, designating the date and time for the subject puJ?lic hearing as Tuesday, October 14, 1980 a: 1:00 p.m. Refer to Resolution Book. RESOLUTION NO. ARA80 -32: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY SETTING A HEARING CONCERNING THE ESTABLISHMENT OF THE BOUNDARIES OF RESIDENTIAL REHABIL- ITATION AREA(S), ADOPTION OF RULES AND REGULATIONS AND CERTAIN OTHER MATTERS RELATING TO THE ANAHEIM REDEVELOPMENT AGENCY RESIDENTIAL REHABILITATION PROGRAM. ANAHEIM REDEVELOPMENT AGENCY, SEPTEMBER 23, 1980, 1:00 P.M. Before a vote was taken, Mrs. Kaywood asked if people were interested in getting a loan, what would the procedure be. Mr. Priest explained that a regular application process would be followed which he explained. Mr. Overholt then asked the City Attorney what their situation would be if a third member of the Agency were required to abstain. City Attorney William Hopkins explained that they would then have to advise the Agency as to the appropriateness of a vote being cast by one of the other persons. However, it would involve an analysis of that particular issue. The abstention would only be necessary if it was foreseeable that the action or that particular vote would increase the financial income of the individual who cast that vote and thus, it would be on a case -by -case basis. It might end up going to court if they were at a deadlock. Mr. Roth recommended that the letter of September 18, 1980 which the City Attorney shared with him and Chairman Seymour that morning also be given to the rest of the Agency Members, especially Mr. Overholt, to see how he might interpret it. A vote was then taken on the foregoing resolution. Roll Call Vote: AYES: AGENCY MEMBERS: Overholt, Kaywood and Bay NOES: AGENCY MEMBERS: None ABSTAINED: AGENCY MEMBERS: Roth and Seymour ABSENT: AGENCY MEMBERS: None Chairman Seymour declared Resolution No. ARA80 -32 duly passed and adopted. 161.123: REIMBURSEMENT AGREEMENT WITH THE CITY OF ANAHEIM FOR CERTAIN MODIFICATIONS TO THE SENIOR CITIZENS' CENTER: Mr. Roth offered Resolution No. ARA80 -33 for adoption, as recommended in memorandum dated September 17, 1980 from the Executive Director of Community Development. Refer to Resolution Book. RESOLUTION NO. ARA80 -34: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING A REIMBURSEMENT AGREEMENT WITH THE CITY OF ANAHEIM. Roll Call Vote: AYES: AGENCY MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None Chairman Seymour declared Resolution No. ARA80 -33 duly passed and adopted. RECESS - EXECUTIVE SESSION: Mrs. Kaywood moved to recess into Executive Session immediately following the Housing Authority meeting. Mr. Overholt seconded the motion. MOTION CARRIED. (1:35 P.M.) ANAHEIM REDEVELOPMENT AGENCY, SEPTEMBER 23, 1980, 1:00 P.M. AFTER RECESS: The Chairman called the meeting to order, all Agency Members being present. (1:40 P.M.) 161.112: ANAHEIM REDEVELOPMENT AGENCY VS. PRESSEL: On motion by Mr. Seymour, seconded by Mr. Overholt, the law firm of Oliver, Stoever & Laskin, special counsel to the Agency, was authorized to make an all inclusive settlement of the World Travel Bureau of Anaheim, Inc., claims in the case of Anaheim Redevelopment Agency vs. Pressel, Orange County Superior Court Case No. 28- 44 -00, in the amount of $5,000 for alleged loss of goodwill. MOTION CARRIED. ADJOURNMENT: Mrs. Kaywood moved to adourn. Mr. Roth seconded the motion. MOTION CARRIED. ADJOURNED: 1:41 P.M. LINDA D. ROBERTS, SECR ARY