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HA1995/11/14ANAHEIM CIVIC CENTER, ANAHEIM HOUSING AUTHORITY NOVEMBER 14t 1995t S~00 P.M. PRESENT .' ABSENT: PRESENT: AUTHORITY MEMBERS= Tait, Lopez, Zemel, Feldhaue, Daly AUTHORITY MEMBERS= None CITY MANAGER: James Ruth CITY ATTORNEY= Jack White SECRETARY: Leonora N. Sohl EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT= Lisa Stipkovich A complete copy of the agenda for the meeting of the Housing Authority was posted at 2:40 p.m. on November 9, 1995 at the Civic Center kiosk, containing all items as shown herein. Chairman Daly called the regular meeting of the Anaheim Housing Authority to order at 6508 p.m. FINANCIAL DEMANDS AGAINST THE ANAHEIM HOUSING AUTHORITY in the amount of $405,383.63 for the period ending November 9, 1995, in accordance with the 1995-96 Budget, were approved. ADDITIONS TO THE AGENDA= There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on Housing Authority Agenda items. 121. HEARINGS - SOUTH OF ROMNEYA K~VITALIZATION PLAN - KESOLUTIONS OF h~CESSITY 710 W. H~?~., 711W. VICTOR, 725 W. VICTOR, 1110 N. CITRON AND_ 724 W. H~T.T.~ See Staff Report dated November 14, 1995 from the Community Development Department recommending adoption of the resolutions of necessity for the subject properties. (Also see additional packet of data submitted relative to the condemnation hearings dated 11/14/95 which contained fact sheets, letters and a map of the planning area covering the subject properties. City Attorney White. These are four separate hearings to be acted upon by the Authority even though they relate to one overall project. Chairman Daly. This is the time for the due process hearing on proposed acquisition by eminent domain relating to properties located at 710 W. Hall, 711W. Victor, 725 W. Victor, 1110 N. Citron and 724 W. Hall. Lisa Stipkovich, Executive Director of Community Development. Staff has been working on the South of Romneya Revitalization Plan for some time which requires that they acquire property in the area. Some property owners for various reasons have been unwilling to sign agreements. The reason for the hearings tonight is to be able to move forward with the Revitalization Plan and implementing the Disposition and Development Agreement. The site is currently made up of some properties that are extremely deteriorated and it has been continuing to occur over the past several years. In order to implement the plan, these properties are needed to comply in order to create open space common areas and provide rehabilitation to the .property. She then reported that the hearing on 724 W. Hall can be deleted because they have signed an agreement with the property owner. She then clarified that the 95-1 ANAHEIM CIVIC CENTER, ANAHEIM HOUSING AUTHORITY NOVEMBER 14t 1995t 5=00 P.M. hearing(s) are about the need the Authority has to acquire the property and not the value of the property. They are absolutely willing to negotiate relative to value and if unable to reach an agreement, the courts can decide the matter. This is due process and necessity to acquire the property in order to complete the project. Chairman Daly. Me opened the hearing on the property at 710 W. Hall and 711 W. Victor. He asked if the property owner or a representative of the property owner was present and wished to speak. Only the property owner or a representative may present testimony. Jim Stearman. He is a representative of the owner of the properties. He submitted a letter to Mrs. Stipkovich with a copy to the Council on November 10, 1995. (See letter dated 11/10/95 from Mr. Stearman on behalf of his client Hadi Tabatabaee, Owner of the properties.) He briefed the contents of his letter. In concluding, he stated his client's property has been adversely affected by the economy and the impact of the project itself. Since the City just made its formal offer to his client, they have not been able to address the issues involved. Because of that, he is requesting that the proposed resolution of necessity be tabled until he has an opportunity to address the issues with the acquisition agent. If the resolution is passed, his client will be forced with a law suit. Mrs. Stipkovich, after addressing some of the concerns expressed in Mr. Stearman's letter relative to what occurred with the original program, stated that they will continue to negotiate with the property owner on the issue of value. By adopting the resolution tonight would not stop them from doing so in any way. The intent is to try to settle the matter before it would go to court. There have been many discussions with the property owner for four or five months prior to the final written offer. City Attorney White. If there is no further testimony on this hearing, he advised that the hearing be closed and action taken. Mr. Stearman asked to make a correction in what Mrs. Stipkovich stated that none of the owners signed the agreement. His client signed in 1991 and resigned another in 1993. That is why he did nothing further with his properties. He clarified for Council Member Zemel that he only has an unsigned copy of the agreement. Lisa Stipkovich. They have no copy of a signed contract and it is not an official executed contract unless the Authority has executed it. They would be happy to work with the attorney representing the client to see if the matter cannot be settled out of court but they need to keep the project moving. Chairman Daly closed the hearing. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On motion by Chairman Daly, seconded by Authority Member Zemel, the Authority finds a negative declaration has previously been approved and that there are no additional impacts in connection with the subject action. MOTION CARRIED. Authority Member Feldhaus left the Council Chamber (6:20 P.M.) 95-2 ANAHEIM CIVIC CENTER, ANAHEIM HOUSIN~ AUTHORITY NOVEMBER 14~ 1995~ 5=00 P.M. Chairman Daly offered Resolution AHA95-6 for adoption. Refer to Resolution Book. RESOLUTION NO. AHAg5-6~ A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY INTERESTS IN REAL PROPERTY LOCATED IN THE CITY OF ANAHEIMf CALIFORNIA (710 W. HALL AND 711 W. VICTOR - SOUTH OF ROMNEYA REVITALIZATION PLAN). Roll Call Vote on Resolution No. ANAgsR-6 for adoption: AYES: AUTHORITY MEMBERS~ Tait, Lopez, Zemel, Feldhaus, Daly NOES: AUTHORITY MEMBERS: None ABSENT: AUTHORITY MEMBERS: None Authority Member Feldhaus temporarily absent Chairman Daly declared Resolution No. AHA95R-6 duly passed and adopted. Authority Member Feldhaus entered the Council Chamber (6:22 P.M.) 121. HEARING - SOUTH OF ROMNEYA REVITALIZATION PLAN - ~O?-UTION OF NECESSITY TO CONDEMN CERTAIN ~B.L pROPERTY LOCATI~_D AT 725 W. VICTO~ SOUTH OF ROMNEYA REVITALIZATION PLAN~ Chairman Daly. He opened the Public Hearing on the property at 725 West Victor Street. Lisa Stipkovich. She reiterated the need for the adoption of the resolution which is true for all cases before the Authority today. Chairman Daly. He asked if a history of code violations on the properties is in the record; Mrs. Stipkovich answered yes, and such violations have been part of the concern of the neighborhood. Chairman Daly asked if anyone wished to speak; there was no response. The hearing was closed. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On motion by Chairman Daly, seconded by Authority Member Zemel, the Authority finds a negative declaration has previously been approved and that there are no additional impacts in connection with the subject action. MOTION CARRIED. Chairman Daly offered Resolution AHA95-7 for adoption. Refer to Resolution Book. RESOLUTION NO. AHA95-7: A RESOLUTION OF THE ANAHEIM HOUSINC AUTHORITY FINDINC AND DETERMINING THE PUBLIC INTEREST AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY INTERESTS IN REAL PROPERTY LOCATED IN THE CITY OF ANAHEIM, CALIFORNIA (725 W. VICTOR STREET - SOUTH OF ROMNEYA REVITALIZATION PLAN). 95-3 ;tN~HEIM CIVIC CENTBR, ~N~EIM HOUSIN~ ~UTHORITY NOVEMBER 14, 1995, 5:00 P.M. Roll Call Vote on Resolution No. AHA95R-7 for adoptions AYES: AUTHORITY MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly NOE$~ AUTHORITY MEMBER5; None ABSENT= AUTHORITY MEMBERS~ None Chairman Daly declared Resolution No. AHA95R-7 duly passed and adopted. 12~, HEARING - SOUTH OF ROMNEYA REF, ITALIZATION PLAN - KESOLUTION OF NECESSITY TO CONDEMN CERTAIN REAL PROPERTY LOCATED AT 1110 N. CITRON - SOUT~ OF ROMNEYA REVITALIZATION PLkN~ Chairman Daly. He opened the Public Hearing on the property at 1110 North Citron. Lisa Stipkovich. She reported on the number of code violations on the property since 1987. Chairman Daly asked if anyone wished to speak; there was no response. The hearing was closed. Lisa Stipkovich. There is a letter from the property owner indicating he does not agree with the price and is asking for a continuance indicating his attorney is out town. The Authority would like to proceed tonight. The issue of value will be discussed and they would prefer doing so with the property owner or his attorney. Authority Member Zemel. He asked if staff knew that the request for an extension is based upon price and what is the time line if this case was continued. Lisa Stipkovich. Based upon his letter, she made that assumption and the comment from the owner's agent was that he wants more money for his property. Relative to a continuance, there is one problem. They have talked to the lender on the property and they are dealing with a short sale in this case. It would pose some difficulty in completing the transaction within the time frame in terms of the developer submitting his application to the State. Time is of the essence. City Attorney Jack White. Even though the owner has not specifically indicated the reason for the continuance, there is no basis for anyone to assume that a matter is going to be continued. Since the owner is not present to respond, legally the Authority can proceed with any action tonight. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: On motion by Chairman Daly, seconded by Authority Member Zemel, the Authority finds a negative declaration has previously been approved and that there are no additional impacts in connection with the subject action. MOTION CARRIED. 95-4 ANAHEIM CIVIC CENTER, ANkHEIM HOUSIN~ ~UTHORIT¥ NOVEMBER 14t 19~5t 5:00 P.M. Chairman Daly offered Resolution AHA95-8 for adoption. Refer to Resolution Book. RESOLUTION NO. AHA95-8: A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY INTERESTS IN REAL PROPERTY LOCATED IN THE CITY OF ANAHEIM, CALIFORNIA (1110 N. CITRON - SOUTH OF ROHNEYA REVITALIZATION PLAN). Roll Call Vote on Resolution No. ARA95R-8 for adoption: AYES: AUTHORITY MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly NOES: AUTHORITY MEMBERS: None ABSENT: AUTHORITY MEMBERS: None Chairman Daly declared Resolution No. AHA95R-8 duly passed and adopted. HEARING - PROPERTY LOCATED AT 724 W. H~?~. AVENUE: As previously announced by Mrs. Stipkovich, this hearing is no longer necessary since the case has been settled. ADJOURNMENT: Chairman Daly moved to adjourn, Authority Member Zemel seconded the motion. MOTION CARRIED. (6:28 P.M.) LEONORA N. SOHL SECRETARY 95-5