RA1978/01/24am
ANAHEIM REDEVELOPMENT AGENCY
JANUARY 24, 1978 (1 :00 P.M.)
Council Chamber
Anaheim City Hall
PRESENT: AGENCY MEMBERS: Kaywood, Seymour, Kott, Roth 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
DEPUTY CITY ATTORNEY: M. E. Slaughter
Chairman Thom called the regular meeting of the Anaheim Redevelopment
Agency to order.
MINUTES Approval of the minutes for the regular meeting held
January 17, 1978, was deferred one week.
FINANCIAL DEMANDS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY in the
amount of $130,864.86, in accordance with the 1977 -78 Budget, were
approved.
161.158: CONVEYANCE OF PROPERTY TO THE CITY Mr. Priest recommended
that the Agency authorize the transfer of property generally located
easterly of the Shapell Government Housing site to the City for a
.�..- parking lot.
In answer to questions by Mr. Kott, the Executive Director explained
that the Department of Housing and Urban Development has requested
that an area sufficient to contain 15 parking spaces be made available
to serve the Shapell Government Housing site and, therefore, a 72 -foot
by 63 -foot area is proposed to be conveyed to the City with a contin-
gency interest in favor of Shapell Housing in the event the City would
decide to change the proposed public parking lot to some other use.
Mrs. Kaywood offered Resolution No. ARA78 -6 authorizing the transfer
of property, as recommended.
Mr. Kott indicated that he felt the property should be given to Shapell
by the Agency or that they should purchase the property from the City.
RESOLUTION NO. ARA78 -6 : A RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY APPROVING THE TRANSFER OF CERTAIN AGENCY OWNED REAL PROPERTY
TO THE CITY OF ANAHEIM AND AUTHORIZING THE CHAIRMAN AND SECRETARY TO
EXECUTE A GRANT DEED THEREFOR.
ANAHEIM REDEVELOPMENT AGENCY - January 24, 1978 - 1:00 P.M.
Roll Call Vote:
AYES:
AGENCY
MEMBERS:
Kaywood, Seymour, Roth and Thom
NOES:
AGENCY
MEMBERS:
Kott
ABSENT:
AGENCY
MEMBERS:
None
The Chairman declared Resolution No. ARA78 -6 duly passed and adopted.
161.158: BID AWARD - SALE OF PRINTING EQUIPMENT (215 WEST LINCOLN)
Upon request of the Executive Director and on motion by Mr. Roth,
seconded by Mrs. Kaywood, this matter was continued to January 31,
1978. MOTION CARRIED.
PROCEDURAL EXPLANATION Mr. Bill Barr of Oliver, Stoever and Laskin,
Special Counsel, was present and briefly reviewed those issues to be
considered during the condemnation hearings to follow.
161.121: HEARING - PROPERTY CONDEMNATION (212 WEST LINCOLN AVENUE)
Mr. Priest recommended that the Agency find and determine the public
interest and necessity for acquiring and authorizing the condemnation
of certain real property within the redevelopment project area generally
located at 212 West Lincoln Avenue. Subject property is needed for
the Village Center project. He noted that final offer of negotiated
settlement had been rejected by the property owner and that settlement
through negotiation is unlikely.
Mr. Priest further advised that the property owner had been notified
of this hearing.
The Chairman asked if the property owner or agent was present and
wished to be heard.
Mr. Doug Renner, 420 West Alberta, was present and spoke on behalf of
the SQR Department Store located at 212 West Lincoln Avenue. He
protested the handling of the potential acquisition of their property
by the Agency and staff, noting that it has been the contention of the
SQR Store from the beginning that goodwill be appraised and compensated.
With reference being made to the California Relocation Assistance
and Real Property Guidelines of the California Administrative Code
and to personal contact with the State Department of Housing and
Community Development relative to compensation for the loss of goodwill,
he noted that goodwill was never appraised or included in any offers
received from the Agency,and he further stated that he considered those
offers received as being both invalid and illegal.
78 -10
ANAHEIM REDEVELOPMENT AGENCY - January 24, 1978 - 1:00 P.M.
Mr. Barr advised that the statements by Mr. Renner were beyond the
scope of this hearing and that he would have an opportunity to
a full and fair hearing in the proper court.
Mr. Thom offered Resolution No. AR.A78 -7.
RESOLUTION NO. ARA78 -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. (RENNER)
Roll Call Vote:
AYES:
AGENCY
MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
NOES:
AGENCY
MEMBERS:
None
ABSENT:
AGENCY
MEMBERS:
None
The Chairman declared Resolution No. ARA78 -7 duly passed and adopted.
161.121: HEARING - PROPERTY CONDEMNATION (149 NORTH LEMON STREET):
Mr. Priest recommended that the Agency find and determine the public
interest and necessity for acquiring and authorizing the condemnation
of certain real property within the redevelopment project area
generally located at 149 North Lemon Street. Portions of subject
property are needed for the Lincoln Avenue realignment and for the
Village Center project. He noted that final offer of negotiated
settlement had been rejected by the property owner and that settle-
ment through negotiation is unlikely.
Mr. Priest further advised that the property owner had been notified
of this hearing.
The Chairman asked if the property owner or agent was present and
wished to be heard. There being no response, Mr. Thom offered
Resolution No. ARA78 -8.
RESOLUTION NO. ARA78 -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. (HOBSON)
Roll Call Vote:
AYES:
AGENCY
MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
NOES:
AGENCY
MEMBERS:
None
ABSENT:
AGENCY
MEMBERS:
None
78 -11
ANAHEIM REDEVELOPMENT AGENCY - January 24, 1978 - 1 :00 P.M.
The Chairman declared Resolution No. ARA78 -8 duly passed and adopted.
161.121: HEARING - PROPERTY CONDEMNATION (401 WEST LINCOLN AVENUE)
Mr. Priest recommended that the Agency find and determine the public
interest and necessity for acquiring and authorizing the condemnation
of certain real property within the redevelopment project area
generally located at 401 West Lincoln Avenue. Subject property is
needed for the Lincoln Avenue realignment. He noted that final offer
of negotiated settlement had been rejected by the property owner and
that settlement through negotiation is unlikely.
Mr. Priest further advised that the property owner had been notified
of this hearing.
The Chairman asked if the property owner or agent was present and
wished to be heard.
Mr. Art Shipkey of Palmall Properties, Inc., was present and spoke
on behalf of those properties located at 401 and 421 West Lincoln
Avenue. With reference being made to paragraph "b" of the letter
received from the Agency relative to this hearing, he questioned
the determination of least private injury and noted the difficulties
he has experienced during the redevelopment process and in finding
a new location. He further commented that he has received no assis-
tance with his efforts to relocate and that the amount offered is
not enough to rebuild and relocate.
Following questions by Agency Members as to staff assistance with
relocation efforts, Mr. Priest replied that relocation assistance
normally begins with the acquisition of the property and that he
would welcome the opportunity to pursue with Mr. Shipkey relocation
to another development site.
Mr. Thom offered Resolution No. ARA78 -9.
RESOLUTION NO. ARA78 -9 : 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. (PALMALL PROPERTIES, INC.)
Roll Call Vote:
AYES:
AGENCY
MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
NOES:
AGENCY
MEMBERS:
None
ABSENT:
AGENCY
MEMBERS:
None
78 -12
ANAHEIM REDEVELOPMENT AGENCY - January 24, 1978 - 1:00 P.M.
The Chairman declared Resolution No. ARA78 -9 duly passed and adopted.
161.121: HEARING - PROPERTY CONDEMNATION (421 WEST LINCOLN AVENUE)
Mr. Priest recommended that the Agency find and determine the public
interest and necessity for acquiring and authorizing the condemnation
of certain real property within the redevelopment project area
generally located at 421 West Lincoln Avenue. Subject property is
needed for the Lincoln Avenue realignment. He noted that final offer
of negotiated settlement had been rejected by the property owner and
that settlement through negotiation is unlikely.
Mr. Priest further advised that the property owner had been notified
of this hearing.
The Chairman recognized that the property owner, Mr. Art Shipkey, was
present and advised Mr. Shipkey that his comments made during the fore-
going hearing on property located at 401 West Lincoln Avenue would be
made a part of this hearing by reference if he would like, and Mr.
Shipkey answered affirmatively.
Mr. Thom offered Resolution No. ARA78 -10.
RESOLUTION NO. ARA78 -10 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. (A. H. SHIPKEY, INC.)
Roll Call Vote:
AYES:
AGENCY
MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
NOES:
AGENCY
MEMBERS:
None
ABSENT:
AGENCY
MEMBERS:
None
The Chairman declared Resolution No. ARA78 -10 duly passed and adopted.
161.121: HEARING - PROPERTY CONDEMNATION (323 -325 WEST LINCOLN AVENU))
Mr. Priest recommended that the Agency find and determine the public
interest and necessity for acquiring and authorizing the condemnation
of certain real property within the redevelopment project area
generally located at 323 -325 West Lincoln Avenue. Subject property
is needed for the Lincoln Avenue realignment. He noted that final
offer of negotiated settlement had been rejected by the property
owner and that settlement through negotiation is unlikely.
Mr. Priest further advised that the property owner had been notified
of this hearing.
78 -13
ANAHEIM REDEVELOPMENT AGENCY - January 24, 1978 - 1 :00 P.M.
The Chairman asked if the property owner or agent was present and
wished to be heard. There being no response, Mr. Thom offered
Resolution No. ARA78 -11.
RESOLUTION NO. ARA78 -11 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 ON"
WITHIN THE REDEVELOPMENT PROJECT AREA. (TRIPLE LINK ASSOCIATION)
Roll Call Vote:
AYES:
AGENCY
MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
NOES:
AGENCY
MEMBERS:
None
ABSENT:
AGENCY
MEMBERS:
None
The Chairman declared Resolution No. ARA78 -11 duly passed and adopted.
161.121: HEARING - PROPERTY CONDEMNATION (236 WEST LINCOLN AVENUE)
Mr. Priest recommended that the Agency find and determine the public
interest and necessity for acquiring and authorizing the condemantion
of certain real property within the redevelopment project area
generally located at 236 West Lincoln Avenue. Subject property is
needed for the Village Center project. He noted that final offer of
negotiated settlement had been rejected by the property owner and that
settlement through negotiation is unlikely.
Mr. Priest further advised that the property owner had been notified
of this hearing.
The Chairman asked if the property owner or agent was present and
wished to be heard.
Mr. Kenneth Bryant, Attorney, Santa Ana, was present on behalf of
World Travel Bureau of Anaheim, a tenant of subject property, and
requested an opportunity to be heard.
Special Counsel, Mr. Barr, advised that the property owner or tenant
could speak at the hearing.
Mr. Bryant noted that World Travel Bureau has been in business in the
downtown area for approximately 24 years and spoke of their unsuccess-
ful attempts to find a new location and of the various aspects involved
in achieving relocation of this type of business. He also questioned
the determination of least private injury.
MMR
78 -14
ANAHEIM REDEVELOPMENT AGENCY - January 24, 1978 - 1:00 P.M.
With reference being made to the Relocation Assistance Law, Special
Counsel, Mr. Barr, replied that least private injury is determined
as it relates to the entire redevelopment project.
Mr. Priest indicated his continued cooperation and assistance in
working with the tenant to find a new location site.
Mr. Thom offered Resolution No. ARA78 -12.
RESOLUTION NO. ARA78 -12 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. (PRESSEL)
Roll Call Vote:
AYES:
AGENCY
MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
NOES:
AGENCY
MEMBERS:
None
ABSENT:
AGENCY
MEMBERS:
None
The Chairman declared Resolution No. ARA78 -12 duly passed and adopted.
161.121: HEARING - PROPERTY CONDEMNATION (232 WEST LINCOLN AVENUE)
Mr. Priest recommended that the Agency find and determine the public
interest and necessity for acquiring and authorizing the condemnation
of certain real property within the redevelopment project area
generally located at 232 West Lincoln Avenue. Subject property is
needed for the Village Center project. He noted that final offer of
negotiated settlement had been rejected by the property owner and that
settlement through negotiation is unlikely.
Mr. Priest further advised that the property owner had been notified
of this hearing.
The Chairman asked if the property owner or agent was present and
wished to be heard. There being no response, Mr. Thom offered
Resolution No. ARA78 -13.
RESOLUTION NO. ARA78 -13 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. (MILLER)
Roll Call Vote:
AYES:
AGENCY
MEMBERS:
Kaywood, Seymour, Kott, Roth and Thom
NOES:
AGENCY
MEMBERS:
None
ABSENT:
AGENCY
MEMBERS:
None
78 -15
ANAHEIM REDEVELOPMENT AGENCY - January 24, 1978 - 1.00 P.M.
The Chairman declared Resolution No. ARA78 -13 duly passed and adopted.
RECESS On motion by Mr. Roth, seconded by Mrs. Kaywood, the Anaheim
Redevelopment Agency recessed to 3 :00 P.M. for a joint public hearing
with the City Council. MOTION CARRIED. (1 :32 P.M.)
115/161: JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY ON PROPOSED CONVEYANCE
OF CERTAIN REAL PROPERTIES IN REDEVELOPMENT PROJECT ALPHA FOR DEVELOPMENT AND CON-
STRUCTION OF A CIVIC CENTER FACILITY: After recess, Chairman Thom called the
Anaheim Redevelopment Agency to order, all members being present. (3:10 P.M.)
A joint public hearing was held with the Redevelopment Agency on a proposed con-
veyance of certain real properties located between Anaheim Boulevard and Phila-
delphia Street and the alleys located 145 feet south of Lincoln Avenue and 135
feet north of Broadway, in Redevelopment Project Alpha by the Agency to the City
for the development and construction of a Civic Center facility.
Mr. Norm Priest, Executive Director of Community Development, briefed the Agency
and the Council on his report dated January 12, 1978, recommending that the Agency
approve by resolution, (1) the certification of the information contained in the
Environmental Impact Reports on the Civic Center and (2) the Cooperation Agree-
ment finding the proposed facility is of benefit to the Redevelopment Project
and that no other reasonable means of financing is available and authorize the
Chairman and Secretary to execute the Cooperation Agreement on behalf of the Agency.
Mr. Priest continued that the agreement also provided for approval of basic concept
drawings (site plans) which were displayed on the Chamber wall. The plans were
presented to the Redevelopment Commission a week prior for their review. Since
they felt at that point they did not have sufficient time to review them thoroughly,
they adopted the following motion: "The Redevelopment Commission recommends to
the Agency, certifications of the EIR for the Civic Center Project, acceptance of
the Cooperation Agreement and authorizing the Secretary and Chairman's execution
of the agreement, but the Commission does not recommend approval of the Basic Con-
cept Drawings until after further study of the drawings is made by the Commission."
Mr. Priest pointed out that the agreement already provided that the drawings were
approved,thus it was essential that the Agency make some approval of the drawings
because it was important from the standpoint of the law that a finding be made
on a project for which funds were being provided. Mr. Priest further pointed out
relative to the approval of drawings that because the City Council was the lead
agency on the project, he was remiss in not going back to the subordinate agencies
and getting the necessary consideration to bring it forward to the Agency. Three
alternatives were available to do so: (1) action could be taken on the drawings and
it was within the Agency's power to proceed with the drawings as part of the agree-
ment, (2) approval of the concept of the City Hall could be made as set forth
in the drawings, and (3) the agreement could be amended and the idea of a city hall
or the general concept could be accepted. Mr. Priest also stated there could be
a fourth alternative and that would be to approve the Basic Concept Drawings allow-
ing for the possibility that the Commission could come back with any minor changes
it saw fit. The Basic Concept Drawings were not a contract document, thus they
could be modified without further formal action. Mr. Priest thereupon recommended
approval of the full agreement including approval of the concept drawings.
78 -16
ANAHEIM REDEVELOPMENT AGENCY January 24, 1978 1:00 P.M.
Mayor Thom asked if anyone wished to speak relative to the matter either in favor
or in opposition; there being no response, he closed the public hearing.
Mayor Thom then posed a question to staff as to whether or not the Agency would
need a fall -back position in the event that the proposed Jarvis Amendment was passed
in June and the resultant impact that might have on the flow of funds to the Agency
or to the Council that might be utilized on the project. Thus, the City would be
into a project without funds to pay for it and he was concerned over that possibility.
Mr. Priest stated that the Jarvis Amendment was an extremely ambiguous initiative,
lending itself to a variety of interpretations. The funds being discussed covering
the subject project were from bond proceeds, and the money was in the bank. His
interpretation of Jarvis Amendment was, at this point in time, they could continue
servicing those bonds. While the Amendment, if passed, would have an effect on
overall income, Mr. Priest reassured the Council it would not affect the Civic
Center Project.
On motion by Agency Member Kaywood, seconded by Agency Member Kott, the Basic
Concept Drawings for the Civic Center were approved with the Redevelopment
Commission to continue their review of the drawings and subsequently submit
recommendations. MOTION CARRIED.
Agency Member Kaywood offered Resolution No. ARA78 -14 for adoption as recommended
in memorandum dated January 12, 1978 from the Executive Director of Community
Development. Refer to Resolution Book.
RESOLUTION NO. ARA78 -14: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
MAKING CERTAIN FINDINGS RESPECTING THE CONVEYANCE OF REAL PROPERTY TO THE CITY
OF ANAHEIM BY THE ANAHEIM REDEVELOPMENT AGENCY: DETERMINING THAT THE CIVIC
CENTER FACILITY IS OF BENEFIT TO REDEVELOPMENT PROJECT ALPHA: APPROVING PAY-
MENT BY THE AGENCY OF THE COST OF THE LAND FOR AND A PORTION OF THE COST OF
CONSTRUCTION OF THE CIVIC CENTER FACILITY: DETERMINING THAT NO OTHER REASON-
ABLE MEANS OF FINANCING IS AVAILABLE TO THE COMMUNITY: MAKING ENVIRONMENTAL
FINDINGS NECESSARY FOR A PROPOSED COOPERATION AGREEMENT BETWEEN THE CITY AND
THE AGENCY: AND APPROVING AND AUTHORIZING THE EXECUTION OF SAID COOPERATION
AGREEMENT BETWEEN THE CITY AND THE AGENCY.
Roll Call Vote:
AYES: AGENCY MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
The Chairman declared Resolution No. ARA78 -14 duly passed and adopted.
Councilwoman Kaywood offered Resolution No. 78R -54 for adoption as recommended in
memorandum dated January 12, 1978, from the Executive Director of Community Develop-
ment. Refer to Resolution Book.
RESOLUTION NO. 78R -54: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
MAKING CERTAIN FINDINGS RESPECTING THE CONVEYANCE OF REAL PROPERTY TO THE CITY
OF ANAHEIM BY THE ANAHEIM REDEVELOPMENT AGENCY: DETERMINING THAT THE CIVIC CENTER
FACILITY IS OF BENEFIT TO REDEVELOPMENT PROJECT ALPHA: CONSENTING TO PAYMENT BY
THE AGENCY OF THE COST OF THE LAND FOR AND A PORTION OF THE COST OF CONSTRUCTION
78 -17
ANAHEIM REDEVELOPMENT AGENCY - January 24, 1978 - 1:00 P.M.
OF THE CIVIC CENTER FACILITY: DETERMINING THAT NO OTHER REASONABLE MEANS OF
FINANCING IS AVAILABLE TO THE COMMUNITY: AND APPROVING AND AUTHORIZING THE
EXECUTION OF A COOPERATION AGREEMENT BETWEEN THE CITY AND THE AGENCY.
Roll Call Vote:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
The Mayor declared Resolution No. 78R -54 duly passed and adopted.
RECESS - EXECUTIVE SESSION - ANAHEIM REDEVELOPMENT AGENCY: Agency Member Kaywood
moved to recess into Executive Session at the conclusion of the Council meeting.
Agency Member Roth seconded the motion. MOTION CARRIED. (7:40 P.M.)
AFTER RECESS: Chairman Thom called the meeting to order, all Agency Members being
present. (7:45 P.M.)
SETTLEMENT OF CONDEMNATION MATTER: On motion by Agency Member Seymour, seconded
by Agency Member Kaywood, settlement of a condemnation matter, Superior Court
Case 27- 59 -43, in the amount of $40,000 was approved. MOTION CARRIED.
ADJOURNMENT: Chairman Thom moved to adjourn. Agency Member Kaywood seconded
the motion. MOTION CARRIED.
Adjourned: 7:50 P.M.
LINDA D. ROBERTS, SECRETARY