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RA1976/03/3076 -33 Community Development Commission Minutes - March 30, 1976, 1 :00 P.M. Community Development Commission, Continued: ratify some or all of its past actions since May of 1975. It was further concluded that there is nothing the Community Development Commission can do by its own action to preclude a mem- ber from voting, therefore the intervention of an outside agency, specifically a Court, will be required. Of the two possible remedies available for future actions, one has already been instituted, that being the Grand Jury proceeding under Section 3060 et seq. of the Government Code. The other suggested possible alternative is the seeking of an injunction to preclude a member from voting on redevelopment matters, due to a conflict of interest, in this case due to the acquisition of property in the redevelopment project area in violation of Section 33130 of the Health and Safety Code. In response to question by Commissioner Seymour, Commissioner Sneegas advised that the position he had taken at the March 23, 1976 meeting had not changed; that if some determination is made that he has been in violation of the law, he would then take action to remedy the situation; however, he felt it was not proper to request that he defend himself against possibilities. In answer to question by Commissioner Seymour pertaining to page 2, paragraph 4 of the City Attorney's report, Mr. Watts advised that in order to prevent the exercise of a public office, in a lawful manner, by the person in possession, it would have to be shown that such exercise of public office was being conducted in an unlawful manner. Under the existing fact situation being discussed, the way to accomplish that would be to establish that, in fact, there was a violation of Section 33130 of the Health and Safety Code, and none of the exceptions therein apply to the partic- ular member. Other issues also would need to be resolved before an injunction could be issued. An injunction is a type of relief granted to resolve a controversy between parties. The Courts will not grant injunctive relief where there is an adequate remedy at law. Commissioner Seymour indicated it had been his understanding that the purpose of granting an injunction is to temporarily stop an activity in order to preclude the potentiality of people being injured or damaged until the matter can be resolved. It seemed that if there was a possibility that the redevelo ° - ment effort could be damaged, then equity dictates that the risk should be stopped until a determination is made. Deputy City Attorney Malcolm Slaughter pointed out that if a preliminary injunction were granted, it would establish the status quo prior to a hearing on the merits. The problem is that in seeking such relief, it must be demonstrated that damage will ^— occur if the injunction is not granted. Commissioner Seymour questioned whether, if there were an issue before the Agency and the vote was three to two, with Commissioner Sneegas one of the three voting in favor, that would be a situation where the action could be determined invalid, and an injunction would be justified. Mr. Watts answered in the affirmative. 76 -34 Community Development Commission Minutes - March 30, 1976 P Community Development Commission, Continued: It was moved by Commissioner Seymour, seconded by Commissioner Kaywood, that the City Attorney be directed to obtain an injunction which would prohibit Commissioner Sneegas from voting on redevel- opment matters, only until such time as the matter is resolved through the judicial system. Commissioner Sneegas abstained from voting. MOTION CARRIED, There being no further business before the Anaheim Redevelopment Agency or the Anaheim Housing Authority, Chairman Thom entertained a motion to adjourn the Community Development Commission. ADJOURNMENT: Commissioner Kaywood moved to adjourn. Commissioner Seymour seconded the motion. MOTION CARRIED, ADJOURNED: 1 :18 P.M. ALONA M. HOUGARD SECRETARY, ANAHEIM COMMUNITY DEVELOPMENT COMMISSION SIGNED:, L24 '& w� _ DEPUTY