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RA1977/02/0877--14 ANAHEIM REDEVELOPMENT AGENCY e FEBRUARY 8, 1977 (1:00 P.M.) Council Chamber Anaheim City Hall PRESENT: AGENCY MEMBERS: Kaywood, Seymour, Kott, Roth (entered at 1:29 p.m.) and Thom ABSENT: AGENCY MEMBERS: None PRESENT: CITY MANAGER: William 0. Talley CITY ATTORNEY: William P. Hopkins SECRETARY: Linda D. Roberts EXECUTIVE DIRECTOR: Norman J. Priest SPECIAL COUNSEL: Tom Stoever Chairman Thom called the regular meeting of the Anaheim Redevelopment Agency to order. MINUTES On motion by Mrs. Kaywood, seconded by Mr. Thom, the minutes for the regular meeting held February 1, 1977, were approved. Mr. Roth absent. MOTION CARRIED. Approval of.the minutes for the adjourned regular meeting held January 27, 1977, was deferred one week. FINANCIAL DEMANDS amount of $49,969. approved. ANAHEIM REDI , in accordance with OPMENT AGENCY in the 1976 -77 Budget, were DEED ACCEPTANCES - 117 NORTH HELENA STREET. AND 129 & 131 EAST LINCOLN (WEBER"AND KIRK) Following recommendation of the Executive Director' Mr. Kott offered Resolution No. ARA77 -8 for adoption: RESOLUTION NO. ARA77 -8 : A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY ACCEPTING CERTAIN DEEDS AND AUTHORIZING THEIR RECORDATION. (Mary C. Weber and Lois E. Kirk) Roll Call Vote: AYES: AGENCY MEMBERS: Kaywood, Seymour, Kott and Thom NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Roth Chairman Thom declared Resolution No. ARA77 -8 duly passed and adopted. QUITCLAIM DEED ACCEPTANCE - 129 & 131 EAST LINCOLN KIRK) Following recommendation of the Executive Director, Mr. Kott offered Resolution No. ARA77 -9 for adoption: r -1 ANAHEIM REDEVELOPMENT AGENCY,- February 8, 1977 - 1:00 P.M. RESOLUTION NO. ARA77 -9 : A RESOLUTION OF THE ANAHEIM REDEVELOP- MENT AGENCY ACCEPTING A CERTAIN DEED AND AUTHORIZING ITS RECOR- DATION. (Lois E. Kirk) Roll Call Vote: AYES: AGENCY MEMBERS: Kaywood, Seymour, Kott and Thom NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Roth Chairman Thom declared Resolution No. ARA77 -9 duly passed and adopted. Mr. Priest noted that this was the site discussed for the interim youth center. AGREEMENT WITH RICKS AND RICKS FOR LEGAL SERVICES - PROJECT AREA COMMITTEE (PAC). In accordance with Agency instructions at their meeting held December 21, 1976, Executive Director Norman J. Priest presented for approval and execution an agreement with Ricks and Ricks to provide legal services to the Project Area Committee for Project Alpha in accordance with-their approved budget. In answer to questions of Mr. Kott, City Attorney William P. Hopkins replied that he had reviewed and approved the agreement as to form and that particular section of the agreement excluding the Agency is to provide for a confidential relationship between PAC and their attorney. Mr. Thom offered Resolution No. ARA77 -10 for adoption: RESOLUTION NO. ARA77 -10 A RESOLUTION OF THE ANAHEIM REDEVELOP- MENT AGENCY APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR LEGAL SERVICES; AND AUTHORIZING AND DIRECTING THE CHAIRMAN AND SECRETARY TO EXECUTE SAID AGREEMENT ON BEHALF OF THE ANAHEIM REDEVELOPMENT AGENCY. (Risks and Ricks) Roll Call Vote: AYES: AGENCY MEMBERS: Kaywood, Seymour, Kott and Thom NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Roth Chairman Thom declared Resolution No. ARA77 -10 duly passed and adopted. 77 -16 ANAHEIM REDEVELOP AGENCY February 8, 1977 - 1:00 P.M. P ADMINISTRATIVE ACCEPTANCE OF DEEDS. Following recommendation of the Executive Director, Mr. Kott offered Resolution No. ARA77 -11 for adoption: RESOLUTION NO. ARA77 -11 A RESOLUTION OF THE ANAHEIM REDEVELOP- MENT AGENCY AUTHORIZING NORMAN J. PRIEST TO ACCEPT AND CONSENT TO DEEDS OR GRANTS CONVEYING REAL ESTATE OR ANY INTEREST THERE- ' IN TO THE ANAHEIM REDEVELOPMENT AGENCY. Roll Call Vote: AYES: AGENCY MEMBERS: Kaywood, Seymour, Kott and Thom NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Roth Chairman Thom declared Resolution No. ARA77 -11 duly passed and adopted. CONDEMNATION. OF CER TAIN R EAL PROPERTY WITHIN THE.REDEVELOPMENT PRO- JECT ARE A: Executive Director Norman J. Priest presented Resolutions of public need.and necessity for acquiring and authorizing the con - demnation of the following properties within the Redevelopment Pro- ject Area: 1) Marley L. Stevens Ross - 811 East Lincoln 2) Graham - 4641 East La Palma 3) Goodman - east side of 4641 East La Palma Mr. Tom Stoever of Oliver, Stoever & Laskin, special counsel to the ..,, Agency on condemnation, was present and briefly outlined the rules under existing California Code on condemnation hearings and statutory limitations. City Attorney William P. Hopkins indicated that he was in agreement with those items presented by Mr. Stoever. As advised.by Legal Counsel, all staff members and persons add— essing the Agency were duly sworn in by the Secretary prior to their testi- mony. Martin Krawiec, 1440 North Harbor Boulevard, Fullerton, attorney for Mrs. Marley L. Stevens Ross, briefly described present use of those structures located at 811 East Lincoln stating that his client ques- tions the reason for condemnation of her property; that following inquiry it was found that no other properties within the 600 -900 block had been condemned; and that the offer made by the City is felt to be far below fair market value. 77--11 ANAHEIM REDEVELOPMENT AGENCY - February 8, 1977 - 1 :00 P.M. In response, Executive Director Norman J. Priest noted that the Ross property was originally considered to be acquired for a Youth Drop - In Center and although the property is not now intended to be used for such purposes, it is needed for the Lincoln Realignment Project. Following a brief review of prior negotiations, he noted that final offer of settlement had been rejected and, therefore, it is necessary to acquire said property through Eminent Domain. In answer to question of Mr. Kott as to any difference of present offer from that originally offered, Mr. Priest replied there was no difference. Mr. Kott further expressed concern with condemnation of property and suggested that, if possible, the Agency consider another parcel for the Lincoln Avenue Realignment. Mr. Thom replied that although the precise alignment has not been set, he felt staff recommendations for general alignment was accep- table and that the public interest and necessity for acquisition of property did exist. Therefore, he offered the resolution for adoption. Mr. Seymour commented that in the absence of Agency Member Roth, he felt the resolution should be held over for action by a full Agency. Mr. Thom stated that he was of the opinion holding over would pro - duce no different results than that indicated today in that in the past Mr. Roth has always excused himself from voting on matters per- taining to the downtown project area due to a conflict. He felt the matter should be referred to Legal Counsel. Mr. Kott asked if the cost of the parcel was the specific objection of Mrs. Ross. Mr. Priest replied that discussions to date have evolved around price,in that there is a substantial difference be- tween that offered and the price level the property owner feels it should be. He further noted that two appraisals of this property were made and it was felt the price level of the property owner could not be justified. Therefore, condemnation proceedings were initiated. Mr. Seymour spoke on his feelings relative to the use of eminent domain and condemnation powers and expressed concern that the Agency would not be prepared or unwilling to exercise that power when public need and necessity would require it. He felt it the responsibility of the Agency to deal as fairly as possible with each property owner involved in the redevelopment process and if the Agency has been reasonable in arriving at what is felt to be fair market value and is still unable to resolve differences, than it.should be left to the Court to determine if the City and Agency have exercised reasonable process. 77 --1,i ANAHEIM REDEVELOPMENT AGENCY - February 8, 1977 - 1:00 p.m. 0 Mr. Krawiec spoke again on behalf of Mrs. Ross, stating that it was felt negotiations were sporadic and appeared to break off in August; that his client had entered into escrow to sell subject property for more than that offered by the City; and that said escrow is now in abeyance pending outcome of these proceedings. (Mr. Roth entered at 1:29 p.m.) Mr. Thom replied that although he could appreciate Mr. Krawiec's position, it was felt that the Agency, through staff, has acted in what is felt to be a fair manner as representatives of the taxpayers, and if the project is to go forward, from time to time, differences of opinion will have to be settled by a higher authority. He offered Resolution No. ARA.77 -12 for adoption: -- RESOLUTION NO. ARA77 -12 A RESOLUTION OF THE ANAHEIM REDEVELOP - MENT AGENCY FINDING AND DETERMINING THE PUBLIC INTEREST AND NE- CESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT PROJECT AREA. (811 East Lincoln) Roll Call Vote: AYES: AGENCY MEMBERS: Kaywood, Seymour, Kott and Thom NOES: AGENCY MEMBERS: None ABSTAINED: AGENCY MEMBERS: Roth ABSENT: AGENCY MEMBERS: None Chairman Thom declared Resolution No. ARA77 -12 duly passed and adopte Marley Stevens Ross, property owner, spoke on her past negotiations with the City noting that she was not approached in August with an offer, as stated by Mr. Priest. She stated she refused an offer in July and did not hear from the City again until the following October.. She felt condemnation was unfair because it deprives her of money she should have as a property owner and asked why no other properties in her area have been condemned. Mr. Thom thanked Mrs. Ross for her testimony and advised that she and her Legal Counsel should meet with Mr. Priest for further clari- fication. Mr. Priest indicated his willingness to meet with them. Mr. Priest noted that the two remaining properties (4641 East La Palma, Graham & Goodman) are needed for the Hancock Street Improve- ment Project and necessary pursuant to an Owner Participation Agree- ment between the Agency and Hancock Laboratories. i'7 -19 ANAHEIM REDEVELOPMENT AGENCY - February 8, 1977 - 1:00 p.m. The Chairman asked if there was anyone present on behalf of the remaining properties (4641 East La Palma). There being no response, Mr. Thom offered Resolution Nos. ARA77 -13 and ARA77 -14 for adoption: RESOLUTION NO. ARA77 -13 A RESOLUTION OF THE ANAHEIM REDEVELOP- MENT AGENCY FINDING AND DETERMINING THE PUBLIC INTEREST AND NE- CESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT PROJECT AREA. (4641 East La Palma) Roll Call Vote: AYES: AGENCY MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None RESOLUTION NO. ARA77 -14 A RESOLUTION OF THE ANAHEIM REDEVELOP- MENT AGENCY FINDING AND DETERMINING THE PUBLIC INTEREST AND NE- CESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE REDEVELOPMENT PROJECT AREA. (fee title, 12 -foot strip, 4641 East La Palma) Roll Call Vote: AYES: AGENCY MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None Chairman Thom declared Resolution Nos. ARA77 -13 and ARA77 -14 duly passed and adopted. ADJOURNMENT There being no further business before the Anaheim Redevelopment Agency, Mrs. Kaywood moved to adjourn. Mr. Seymour seconded the motion. MOTION CARRIED. ADJOURNED: 1:35 p.m. LINDA D. ROBERTS, SECRETARY