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RA1992/06/02Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY JUNE 2, 1992, 5~00 P.M. PRESENT: ABSENT: PRESENT: AGENCY MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter AGENCY MEMBERS: None CITY MANAGER: James Ruth CITY ATTORNEY: Jack White SECRETARY= Leonora N. Sohl EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich PROPERTY SERVICE MANAGER: Robert Zur Schmiede TRAFFIC AND TRANSPORTATION MANAGER: John Lower A complete copy of the agenda for the meeting of the Anaheim Redevelopment Agency was posted at 4:00 p.m. on May 29, 1992 at the Civic Center kiosk, containing all items as shown herein. Chairman Hunter called the regular meeting of the Anaheim Redevelopment Agency to order at 5:48 p.m. FINANCIAL DEMANDS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY in the amount of $436,721.99 for the period ending May 22, 1992 and $51,636.83 for the period ending May 29, 1992, in accordance with the 1991-92 Budget, were approved. PUBLIC COMMENTS - AGENDA ITEMS: Mr. Frank Reyes spoke on Item 6 (see discussion under that item). ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. CONSENT CALENDAR ITEMS 1 - 3: On motion by Agency Member Pickler, seconded by Agency Member Hunter, the following actions were authorized in accordance with the reports and recommendations furnished each Agency Member and as listed on the Consent Calendar Agenda. City Attorney Jack White announced that although Items 4 through 7 on the agenda were listed as Consent Calendar Items, they are actually to be considered as separate hearings. 1. 161: Approving the concept plans for the restaurant to be developed as part of the Koll Anaheim Center at the northeast corner of Lemon and West Harbor Place. 2. 175: Awarding the contract for tenant improvement interior graphics to the lowest and best responsible bidder, AHR ~npersand, in the amount of $82,470.50; and in the event the low bidder fails to comply with the terms of the award, award the contract to the second low bidder, as well as waive any irregularities in the bids of both the low and second low bidders. 3. 161: Approving minutes of the regular meetings held April 7, April 21 and April 28, 1992. End of Consent Calendar. MOTIONS CARRIED. 4. 121: HEARING - TO DETERMINE THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING A PORTION OF REAL PROPERTY AT 4408 EAST LA PAL_MA AVENUE: To consider the public interest and necessity for acquiring and authorizing the condemnation of a portion of real property located at 4408 East La Palma Avenue (Shears Trust). 92-37 Anaheim Civic Center, ANAHEIM P~_~EV~PNRNT AOENCY JUNE 2, 1992, S~O0 P.M. Submitted was report dated June 2, 1992 from the Community Redevelopment Department recommending the adoption of a resolution finding and determining the public interest and necessity to condemn the subject property located in Redevelopment Project ALPHA along with approving associated actions. Chairman Hunter opened the hearing. Mr. Frank Reyes, 2230 Braeburn, Fullerton. The Redevelopment Agency wants to purchase an easement on a parcel that is approximately 1635 square feet on La Palma. They asked for an easement of 835 square feet. That will leave approximately one-half. He would like the Agency to purchase the entire parcel. (This relates to the hearing on Item 6 - all properties are in the same vicinity.) Lisa Stipkovich, Executive Director of Community Development. She will ask Rob Zur Schmiede to speak and also answer Mr. Reyes' comments. Rob Zur Schmiede, Property Service Manager. The four hearings before the Agency this evening are for acquisition of properties near the intersection of Lakeview and La Palma in the northeast portion of Redevelopment Project ALPHA in connection with the City's critical intersection improvement program. The four hearings can be taken as one item. The items to which the Agency may take testimony are as follows: Whether the public interest and necessity require the project, whether the project is planned and located in a manner most compatible with the greatest public good and least private injury and whether the property sought to be acquired is necessary for the project. Ail of the areas proposed on tonight's agenda lie within the proposed street right-of-way and offers have been made on those properties. Duff Murphy with the law firm of Oliver, Barr and Vose is also present to address the legal aspects. Duff Murphy, Oliver, Bart and Vose. The Agency needs to adopt a resolution of necessity to acquire the properties by eminent domain for each separate parcel requiring a distinct vote and separate resolution for each parcel. The hearing before the Agency is related directly to the three issues Mr. Zur Sch~iede outlined. This is not a public hearing, but affords the property owner the opportunity to address each of the items and to answer any questions the Agency may have with respect to those items. Mr. Zur Schmiede will respond to Mr. Reyes' specific concern. Rob Zur Schmiede. Responding to Mr. Reyes (hearing Item 6) that the balance of the parcel be acquired, staff has had discussions with Mr. Reyes concerning the purchase of the balance of the property but to date have been unable to reach a negotiated settlement. In order to maintain the schedule for the project, these items were placed on the Agency Agenda for consideration this evening. Approval of the resolution of need does not prevent them from continuing to negotiate. They have expended significant time in order to come to an agreement but have been unsuccessful and are asking the Agency to take the action to proceed with eminent domain. There have been several meetings with the property owner. He does not have an exact count. The acquisition agent has had several. Frank Reyes. The agent has had a couple of telephone conversions with him but he has never met him personally. 92-38 Civic Center, AN~a/~_ IM REDEVELOPMENT AGENCY JUNE 2r 1992r 5:00 P.M. Agency Member Ehrle. He received a call from the owner of the real estate complex across the street from this property on La Palma and Lakevlew. His concern is the need for that intersection to be labeled a critical intersection. Before going through the process of eminent domain, he would personally like to revisit some of those critical intersections. He does not feel a week's continuance would be a disaster to ask for additional information. Rob Zur Schmiede. Answering Chairman Hunter, he explained that they take this step seriously and would continue to negotiate with Mr. Reyes in any event. It is an unusual situation. The title issues are no small part of the matter. As far as the critical intersection project, John Lower, the Traffic and Transportation Manager can address some of the historical reasons that they find themselves in the hearing today. John Lower, Traffic and Transportation Manager. The data indicates the existing intersection operation fails. Recognizing that, staff put together a grant application through Cal Trans. This was one of five intersection projects selected statewide for State TSM funding. They have $529,000 in State funds because of the recognition of the unacceptable performance of the intersection. Agency Member Pickler. Funds from Cal Trans could be jeopardized if action is not taken at this time. This intersection as well as others in the area were approved as part of the critical intersection program to maintain a positive traffic flow and traffic circulation in this critical area. Staff has convinced him that they will keep working with Mr. Reyes and anyone else in that area. Lisa Stipkovich. Even with the adoption of the resolution, it is definitely not going to preclude sitting down face to face and talking to Mr. Reyes about his issues. They will not stop the process of dialogue. Chairman Hunter assured Mr. Reyes that Agency representatives would continue to work with him. City Attorney White. Discussion of this critical intersection previously took place as part of the General Plan Amendment relating to the amendment of the circulation element. Environmental review was undertaken at that time resulting in a series of critical intersection designations including this one. The City has held a public hearing previously. What the Agency is doing tonight is in furtherance of the original action taken by the City Council in connection with the General Plan and the environmental review. Duff Murphy. The resolution on the Reyes parcel and on the other parcels includes a provision that in the event there is what is known as a remnant by taking of a smaller parcel, if it creates an uneconomic remnant that the Agency is authorizing the acquisition of the remainder of the parcel. In order to adopt the resolution, it is necessary to have a 4/5 vote. Rob Zur Schmiede. The problem has not been with acquiring the balance of this remnant piece, but solely relates to the amount of compensation to be paid. Duff Murphy. He reiterated these are not public hearings per se. Under eminent domain law they are strictly hearings to determine whether the issues of necessity have been found and notices sent specifically to the owners of the property. It is up to the owners to indicate that they wish to be heard. 92-39 Anahei~ Civic Center, ANAHEIM REDEVELOPMENT AGENCY JUNE 2, 1992, 5~00 P.M. It is not a public hearing but a constitutionally required due process hearing for the property owners. Agency Member Pickler offered Resolution No. ARA92-12 for adoption, finding and determining the public interest and necessity to condemn property at 4408 East La Palma Avenue. Refer to Resolution Book. RESOLUTION NO. ARA92-12: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY LOCATED IN REDEVELOPMENT PROJECT AREA ALPHA (4408 EAST LA PALMA AVENUE). Roll Call Vo%e on Resolu%ion No. ARAg2-12 for adop~ion~ AYES: NOES: ABSENT: AGENCY MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter AGENCY MEMBERS: None AGENCY MEMBERS: None The Mayor declared Resolution No. ARA92-12 duly passed and adopted. MOTION: Agency Member Pickler moved to authorize the law firm of Oliver, Bart and Vose to proceed with this condemnation action. Agency Member Simpson seconded the motion. MOTION CARRIED. 5. 121: HEARING - TO DETERMINE THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING CERTAIN REAL PROPERTY AT 4411 EAST LA PALMA AVENUE: To consider the public interest and necessity for acquiring and authorizing the condemnation of certain real property located at 4411 East La Palma Avenue (Jim and IDA Group, Limited Partnership). Submitted was report dated June 2, 1992 from the Community Redevelopment Department recommending the adoption of a resolution finding and determining the public interest and necessity to condemn the subject property located in Redevelopment Project ALPHA along with approving associated actions. Chairman Hunter asked if the property owner was present and wished to be heard; there was no response. Agency Member Pickler offered Resolution No. ARA92-13 for adoption, finding and determining the public interest and necessity to condemn property at 4411 East La Palma Avenue. Refer to Resolution Book. RESOLUTION NO. ARA92-13: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY LOCATED IN REDEVELOPMENT PROJECT AREA ALPHA (PROPERTY AT 4411 EAST LA PALMA AVENUE). Roll Call Vote on Resolution No. ARA92-13 for adoptionl AYES: NOES: ABSENT: AGENCY MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter AGENCY MEMBERS: None AGENCY MEMBERS: None The Mayor declared Resolution No. ARA92-13 duly passed and adopted. 92-40 Anahe£~ C~v£c Center~ AN~M lt~_O~pl~'t~ AGENCY ~J'NE 2~ 1992~ 5~00 P.N. MOTION: Agency Member Pickler moved to authorize the law firm of Oliver, Barr and Vose to proceed with this condemnation action. Agency Member Daly seconded the motion. MOTION CARRIED. 6. 121: HEARING - TO DETERMINE THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING A PORTION OF CERTAIN REAL PROPERTY AT 4527 EAST LA P~LMA AVENUE: To consider the public interest and necessity for acquiring and authorizing the condemnation of a portion of certain real property located at 4527 East La Palma Avenue (Frank and Carrie Reyes). Submitted was report dated June 2, 1992 from the Community Redevelopment Department recommending the adoption of a resolution finding and determining the public interest and necessity to condemn the subject property located in Redevelopment Project ALPHA along with approving associated actions. Chairman Hunter noted that the property owner had already spoken earlier in the meeting. Agency Member Pickler offered Resolution No. ARA92-14 for adoption, finding and determining the public interest and necessity to condemn property at 4527 East La Palma Avenue. Refer to Resolution Book. RESOLUTION NO. ARA92-14: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY LOCATED IN REDEVELOPMENT PROJECT AREA ALPHA (4527 EAST LA PALMA AVENUE). Roll Call Vote on Resolution No. ARA92-14 for adoption~ AYES: NOES: ABSENT: AGENCY MEMBERS= Simpson, Ehrle, Pickler, Daly and Hunter AGENCY MEMBERS: None AGENCY MEMBERS: None The Mayor declared Resolution No. ARA92-14 duly passed and adopted. MOTION: Agency Member Pickler moved to authorize the law firm of Oliver, Bart and Vose to proceed with this condemnation action. Agency Member Simpson seconded the motion. MOTION CARRIED. 7. 121: HEARING - TO DETERMINE THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING A PORTION OF CERTAIN REAL PROPERTY AT 4530 EAST LA PALMA AVENUE: To consider the public interest and necessity for acquiring and authorizing the condemnation of a portion of certain real property located at 4530 East La Palma Avenue (Moore Family Charitable Trust). Submitted was report dated June 2, 1992 from the Community Redevelopment Department recommending the adoption of a resolution finding and determining the public interest and necessity to condemn the subject property located in Redevelopment Project ALPHA along with approving associated actions. Chairman Hunter asked if the property owner was present and wished to be heard; there was no response. Agency Member Pickler offered Resolution No. ARA92-15 for adoption, finding and determining the public interest and necessity to condemn property at 4530 East La Palma Avenue. Refer to Resolution Book. 92-41 A~ahe~m Civic Center, ANaHeIM P~DEVELOPMENT AGENCY JUNE 2, 1992, 5:00 P.M. RESOLUTION NO. ARA92-15: a RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY FINDINC AND DETERMINING THE PUBLIC INTEREST AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY LOCATED IN REDEVELOPMENT PROJECT AREA ALPHA (4530 EAST LA PALMA AVENUE ). Roll Call Vote on Ke$olution No. AKA92-15 for adoption~ AYES: NOES: ABSENT: AGENCY MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter AGENCY MEMBERS: None AGENCY MEMBERS: None The Mayor declared Resolution No. ARA92-15 duly passed and adopted. MOTION: Agency Member Pickler moved to authorize the law firm of Oliver, Bart and Vose to proceed with this condemnation action. Agency Member Simpson seconded the motion. MOTION CARRIED. ADJOURNMENT: Agency Member Hunter moved to adjourn, Agency Member Daly seconded the motion. MOTION CARRIED. (6:05 p.m.) LEONORA N. SOHL, SECRETARY 92-42