RA1986/02/11Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
February 11, 1986, 9:30 A.M.
PRESENT: AGENCY MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
(Agency Member Overholt entered at 10:05 a.m.)
ABSENT: AGENCY MEMBERS: None
PRESENT: CITY MANAGER: William 0. Talley
CITY ATTORNEY: Jack White
SECRETARY: Leonora N. Sohl
DIRECTOR OF COMMUNITY DEVELOPMENT /PLANNING: Norman J. Priest
Chairman Roth called the regular meeting of the Anaheim Redevelopment Agency
to order at 10:02 a.m.
MINUTES: Approval of the minutes was deferred to the next regular meeting.
FINANCIAL DEMANDS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY in the amount of
1,257,887.76, in accordance with the 1985 -86 Budget, were approved.
CONSENT CALENDAR ITEMS: On motion by Agency Member Pickler, seconded by
Agency Member Roth, the following actions were authorized in accordance with
the reports and recommendations furnished each Member and as listed on the
Consent Calendar Agenda. Agency Member Roth offered Resolution No. ARA86 -5
for adoption. Refer to Resolution Book.
_.. 1. 161 /107: RESOLUTION NO. ARA86 -5: A RESOLUTION OF THE ANAHEIM
REDEVELOPMENT AGENCY ACCEPTING A SEALED PROPOSAL AND AWARDING A CONTRACT TO
THE LOWEST RESPONSIBLE BIDDER FOR DEMOLITION AND SITE CLEARANCE OF CERTAIN
AGENCY PROPERTIES. (Contract No. D85 -6) (Three D Service Company, in the
amount of $68,800 for demolition and site clearance at various locations, and
in the event the required bonding and insurance is not furnished, authorizing
award to the next lowest bidder, Viking Equipment Corporation, in the amount
of $75,904)
Roll Call Vote:
AYES: AGENCY MEMBERS: Kaywood, Bay, Pickler and Roth
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: Overholt
The Chairman declared Resolution No. ARA86 -5 duly passed and adopted.
End of Consent Calendar. MOTION CARRIED.
161/121: CONDEMNATION HEARING - DONNER - 116 NORTH PHILADELPHIA STREET: To
consider the acquisition of property owned by Helmut and Karen Donner
generally located at 116 North Philadelphia Street.
STAFF INPUT: See report dated January 27, 1986 from the Community Development
Department recommending the subject acquisition and authorizing
the Law Firm of Oliver, Stover & Laskin, special Counsel to the
Agency to proceed with the condemnation action.
86 -8
Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
February 11, 1986, 9:30 A.M.
Jack White, City Attorney.
Relative to the three condemnation hearings before the Agency,
the evidence as set forth in the Redevelopment plan for the
project was before the Agency and the Agency was entitled to
take into consideration all evidence heretofor received in
connection with the public hearings held in conjunction with the
adoption and amendment of that project plan.
Chairman Roth asked if anyone wished to speak.
Agency Member Overholt entered the Council Chambers. (10:05 a.m.)
AGENCY ACTION:
Helmut Donner, 617 North Harbor Boulevard.
He responded to three of the findings as follows: (1) the
public interest and necessity require the proposed project; (2)
the proposed project is planned or located in the manner that
will be most compatible with the greatest public good and the
least private injury; (3) the hereinafter described real
property, or interest in real property, is necessary for the
proposed project; (4) the offer required by Section 7267.2 of
the Government Code has been made to the owner or owners of
record. He had no objection to those findings except for "the
least private injury" portion. The offer that the Agency made ....
on his property vs. fair market value was not acceptable. He
attempted to purchase other similar properties at the price the
Agency offered but was not successful. He was currently in the
process of obtaining his own appraisal to present to the agent,
Mr. Bushore.
Norm Priest, Director of Community Development /Planning.
His recommendation is that Mr. Donner proceed with obtaining his
own appraisal and in the meantime the Agency would continue to
talk with him to see if an acceptable schedule could be worked
out before filing an action. He confirmed for Agency Member
Overholt that if it became necessary to file the action,
negotiations would not terminate and could continue up to the
"court house steps ".
Agency Member Roth offered Resolution No. ARA86 -6 for adoption,
authorizing the condemnation of property at 116 No. Philadelphia
Street. Refer to Resolution Book.
RESOLUTION NO. ARA86 -6: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT
PROJECT AREA. (DONNER - 116 NO. PHILADELPHIA STREET) (and authorizing the
law firm of Oliver, Stoever & Laskin to proceed - Helmut and Karen Donner)
86 -9
i9 ?'
Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
February 11, 1986, 9:30 A.M.
Roll Call Vote:
AYES: AGENCY MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
The Chairman declared Resolution No. ARA86 -6 duly passed and adopted.
161/121: CONDEMNATION HEARING - DONNER - 904 EAST LINCOLN AVENUE: To
consider the acquisition of property owned by Helmut and Karen Donner
generally located at 904 East Lincoln Avenue.
STAFF INPUT: See report dated January 27, 1986 from the Community Development
Department, recommending the subject acquisition and authorizing
the Law Firm of Oliver, Stover & Laskin, special Counsel to the
Agency to proceed with the condemnation action.
Chairman Roth recognized that Mr. Donner was present and that his (Dormer's)
statements made during the foregoing condemnation hearing regarding property
at 116 North Philadelphia Street were the same for this hearing relating to
the property at 904 East Lincoln Avenue.
AGENCY ACTION:
Agency Member Roth offered Resolution No. ARA86 -7 for adoption,
authorizing the condemnation of property at 904 East Lincoln
Avenue. Refer to Resolution Book.
RESOLUTION NO. ARA86 -7: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT
PROJECT AREA. (DONNER - 904 EAST LINCOLN AVENUE) (and authorizing the law
firm of Oliver, Stoever & Laskin to proceed - Helmut and Karen Donner)
Roll Call Vote:
AYES: AGENCY MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
The Chairman declared Resolution No. ARA86 -7 duly passed and adopted.
161/121: CONDEMNATION HEARING - MAZZA - 1005 EAST LINCOLN AVENUE: To
consider the acquisition of property owned by Richard H. Mazza generally
located at 1005 East Lincoln Avenue. Agency Member Roth offered Resolution
No. ARA86 -8 for adoption. Refer to Resolution Book.
86 -10
01�
Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
February 11, 1986, 9:30 A.M.
STAFF INPUT: See report dated January 27, 1986 from the Community Development
Department, recommending the subject acquisition and authorizing
the Law Firm of Oliver, Stover & Laskin, special Counsel to the
Agency to proceed with the condemnation action.
Chairman Roth asked if anyone wished to speak.
AGENCY ACTION:
Richard Mazza.
He was presently in meaningful negotiations with the City's
agent. He then commented that Mr. Donner had reported he was
going to contact an appraiser. In his case, out of 12 MAI
appraises contacted, 11 would not work for him because they did
not want to perform any appraisal that had to do with the City.
They did not want to get involved in litigation.
Agency Member Overholt stated that appraising was their business
and he could not understand the reason why they would not accept
a job to appraise property. He guessed that the appraisor had a
fee schedule wherein if he had to testify in court, additional
compensation would be required. It did not mean that he would
not engage in litigation. If the appraiser had to go to court,
he would expect to be paid for doing so. The appraiser was
there as an advocate for his client. He did not believe that
appraisers would not appraise assets that had the potential of
going into condemnation proceedings.
Agency Member Roth offered Resolution No. ARA86 -8 for adoption,
authorizing the condemnation of property located at 1005 East
Lincoln Avenue. Refer to Resolution Book.
RESOLUTION NO. ARA86 -8: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT
PROJECT AREA. (MAZZA - 1005 E. LINCOLN AVENUE) (and authorizing the law firm
of Oliver, Stoever & Laskin to proceed - Richard H. Mazza)
Roll Call Vote:
AYES: AGENCY MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
The Chairman declared Resolution No. ARA86 -8 duly passed and adopted.
ADJOURNMENT: Agency Member Roth moved to adjourn. Agency Member Pickler
seconded the motion. MOTION CARRIED. (10:15 a.m.)
LEONORA N. SOHL, SECRETARY
8611