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HomeMy WebLinkAbout1988 - 1991 Acquisitions by Eminent Domain-General - LetterI Honorable Mayor and CJJ' Council City of Huntington Bea,- 2000 Alain Street Huntington Beach, CA 92648 A f Honorable Mayor and City Council, April 18, 1988 Huntii.,,on Beach, California I have just learned that there is to ba- a meeting scheduled for this evening concerning the downtown area of Huntington. Beach. The word "condemnation" was mentioned to me. I am not sure whether I can generate enough energy to get to said meeting. Therefore, I am writing this letter to let my apprehensions be known, and for the the following reasons: 1, It should be clarified by the council just why the city is making an attempt to use the eminenent domain procedure to acquire property in the area? For one thing if it is atteripting to acquire property to "spin" off to others (Developers), then this is illegal and unconsti- tutional. If the -City has in mind trying to acquire the so called sixty-s-iX. (66%) percent ownership of an area, then should be discour- aged because it will just not hold Yrater; grill be challenged in court. 2. I an concerned as to just how far the city is going to go concerning t-he idea of condemnation? Our family has -k-V n buildings on Fifth Street (222 and 224 5th). They became empty as a result of the City allowing Safari Sams to operate with out a license. Also about dirty (30) potential leases came to me about leasing the buildings. Each potential lessee was tied up with three (3) months of city of Huntington Beach bureaucracy. Among other things was the issue of parking requirements. The- building was built in 1964 and met all of the codes including parking requirement. I was not particularly interested in further investments in the edam town area due to all the vacillation on the part of th City. However I did express an interest in the adjacent property (formally Safari Sams) which belongs (or belonged to Carolyn Burnes). In any event, I talked to Duke Adams and Doug LeBelle regarding the parking issue, and the Carolyn Eames property. I was told about how the City of Hunting- ton Beach would purchase the property in order to give Carolyn Burnes the tax advantage concerning the two (2) year reinvestment, etc. I was told that the City's intent was to try to get larger consolidation of properties and, thus, I would be in the position of having the option of purchasing the Carolyn Burnes property (similar to the "deals" that the City has done with "newcomer" property owners). Now it seems as if Doug Lebelle has decided that the property is not available to me. I would like to k=7 why? I would also like to know why the city is oompeti.ng in the market place with pri%ate property omers? It is alleged, by others, and thus is my understanding, that a Mr. Schwartz, a Mr. IIola, and a Mr. Uri have made such type of deals with the City. I am just wondering why Oscar Taylor is not offered a similar treatment (deal) by the City. In any event, because this document is submitted and placed into the public records of the City Council tonight I hereby, again, make it known to you, the Mayor, and the City Council, that I am ready to take the position of the City and am ready to perform and close the escrow concerningthe property of Carolyn Burnes as per the agreement made with the City previously. I previously :ode contact with the City and made it clear that I was ready to consummate the transaction. I am still ready to consummate the transaction., Page 2of3 4. If the City is buying property next to my building I feel that I have a right to know the intentions of the City? Is my property, which meets all the seismic, electrical, plumbing, structural codes, sub- ject to condemnation? If so, ther. lets get it all out in the open and do a7way with secrecy! = have been deprived of income from this property, on the part of the City of Huntington Beach, for so many years I ould j urt like to got rid of it anyhow. It seeims as though I have taken my losses waiting until the downtown area eventually cleans up and the building should beoemw rentable. Noe: that it is po ziLle that the area may shape up, it seers as if now the City seems to be putting the sqeeze on long timr-- property miners. 5. I wonder if the council members are aware of the fact that un-electec' employees are exercising powers that they legally and ethically do not have the constitutional right. 6. I ant wondering why city a ployees threatened Mrs. Shandrick (228 Main Street) with condeuxation, then at the last minute, pulled the rug out from under her. Ir.asmae.h as she had to give eviction notice to all of her tenants, including the Christian Science people, she has to sell at a price that amo,=ite to half the value of the prop- erty to another entity. The new owner seems to have beer, able to rent the rental unit fonnwxly occupied by the Christian Science people. I have not seen any structural / seismic repairs being done on the subject property. This strikes me as a rather strange situ- ation. I find it hard to carprehend? Perhaps this can be explained to me? Especially due to the fact that my daughter Margie 'Taylor Scott was given an ultimatume by the City to bring her buildings at 116, 118 and 120 Itzin Street up to the seismic codes. To my know- ledge she is one of the very few w1io have conformed and actually done the required seismic repairs in the downtown area. She has oar:pleted the repairs at 116 / 118 Main Street and the buildings are occupied. The 120 Main Street building is in the final stages of seismic repairs. Cnly twelve more bolts, then a new roof and it will be finished. I wonder wiy others have not been been required to per four;? ? ? 7. In any event I, herein, would like to place a bet with the City of Huntington Bach, California. I will bet $10,000.00 that the eoncreta block, building at 120 Main Street building, that has been subject to seismic repairs, will suffer less structural damage and less personal injury (per square foot of aoursa) t-ian the City Hall of Huntington Beach in the evext of a major earthquake. 8. The City of Huntington Beach made a fire inspection, without notice or an appointment, on my building at 224 Fifth Street, and at wh.icii time, found violations as to what was stored in the building (boxes). I corrected said storage violations within the time limit (10 days). I have on at least six (6) occasions gone to the City Fire Depart- ment requesting the inspection and fire report cm -kerning the build- ing that burne-1 next to my daughters (at 112 and 114 I lain Street) or, Dece-iber 19, 1985 (depriving her of incorim for nearly two (2) years). I have written many letters to the City requesting this information; w.'Aah I am allowed to have under the public access law. To date I have not been given these documents. I hereby and herein nWre this request again. 1, Page 3 of 3 t 9. I am concerned about drawings I have seen concerning the proposed development at Third Street and Coast :iig'n�ray. The' dratimigs show A' Third Street being abandon and the alley be.`iinci the "Golden Bear" property being abandon. I wish to inform you that my daughter, Margie Taylor Scott, myself, Oi-ange Coast Specialties Project P:o. 2 and other owners'ard business persons in the area have precriptive rights to the Thi -2 Street (and Fifth Street) and the adjacent alleys. U- do -not intent'. to give up these rights -vr_thout just ea:pensation anf unless we are giv-2 proper access. In addition we have view rights. We mn property or. T: i r;: Street and Fifty, Street and it would be a ranetary loss if we vrre deprived of the use of the streets and of the view. What does the City propose? Inasmuch as all of the property aaners in tze area have paid taxes over the years without any service or benefit whatsoever we want to k=; how ir&ny par1ung spaces per lot we are to be allocated in the proposed new rarldn7 garage? I an sure that the City realizes that it would not only be unethical, but illegal, to abandon the streets and alleys =2 then turn them o-ier to the developer. In any event, the set of plans I saw showed the "T" alley near my daughter's property abandon and the trash trucks were to use her property for turn around. Your city planner told me this. I a-n afraid it would do considerable damage to her tenant's cars if the trash trucks were to drive over the top of them. 10. Among other request, I wish to know has much the City has paid out in Salaries to City planners (arid so called consultants) during the last ten years? I suggest that the Mayor and the City Council members take a good look at this expense. I specifically request to be furn- ished the total cost of consultants and having Mike Adams and Doug Lenell-. on the City pay role. Clothing personal, they are both real nice amiable persons. I just wonder if it has all been wortlwdii.le? 11. I would like to challenge the City to hire me as the head of the City planning Department (forget about all the fancy names). My only condition would be that I would be allowed to fire all City Planners. All I would need is two good secretaries, several comraters and authorization to hire the best possible architects to get the job of City Planning accomplished. I would cenwnd that you authorize only one gird (1/3rd) the budget to accomplish City Planning. I am sure that I could refund a bundle of money to the City Treasurer at the end of the fiscal year. Actually, I am not interested in the job, even though I am registered architect. I could make recommendation as to whom you could hire to do the job, however; inasmuch as I taught Architecture, at the college level, for thirty three (33) years. Give this some thought! 12. In the event that the City does have "eyes" on our two buildings at 222 and 224 Fifth Street, I would like to offer to sell them to the City for whatever the current oast of construe-tion might be plus the land value of $107.00 per square foot (what -ever the City paid for he dog of property in the third block of Fiftn Street) . My daughter is willing to sell her property located at 116, 118, and 120 Main Street to the city for $110.00 per square foot plus the cost of bring the building up to seismic codes. Naturally we would like to be able to participate in the same type of tax deferment arrangement (friendly condemnation / 2 year reinvest). Page 4 of 4 13. There is the issue of getting a letter from the City threatening criminal action if I did not remove graffiti (for the fifth time and $1 , 300.00 expense) , remcn ing disabled vehicles ( that vandals fran Safari Sams damaged), and boarding up a broken glass window (that Safari Sams clientele broke after I canplaineu to the City,Council about how they drove away my tenants). I gave away the cars, I boarded up the window, wid I painted over the graffiti within the ten day deadline give to me by the City Attorneys I have made several requests to have the "Golden Bear" property filled and compacted and made presentable. I ;Wade such a request, in writing, several months ago. I need to know why this has not been aceanplish- ed in the same ten (10) day time frame demanded of me. The alley is still blocked off and the situation is such that I feel that the City is amdous to cultivate a law suit. Have any of you, Honorable Mayor and City Council members, actually gone down and taken a look? Try driving your oar down that "T" alley (which I have prescriptive rights to). You are i.:, for a harrowing experience. I did $500.00 damage to my car cn the telephone pole trying to get by over a year ago. Why has not the demc,lition been accomplished? Until the site is filled and L,Ily compacted as per the uniform. building cods, the job is not fini.s1ied! 14. I neet3 a %,xitten statea ent that I can rent our buildings at 222 and 224 Fifth Street without further hassle on the part of the bureauc- racy of the City of Huntington Beach. I an tired of losing the inceme of $ 7 , 800.00 per rionth. The City of Huntington Beach leased it from me at one time. I- by can I not rent it to others. (like A2ams and Doug LeBelle, just recently, told me that additional parking is not required any mare. Is this true? If so could I please have it in writing? Better, please your Honor, or a City councilpersen, would you care to meet with me and get sane of the herein questions anz-wered and some of the problems resolved? 15. kif lastly, need I remind you, Honorable Mayor and City Councilpersons, that ttic: Supreme Court of the United States of the America recently made a decision in which you are forbidden to make any attwpt to use "zonin-" in are effort to control a persons use of their property. You have un-elected City of Huntington Beach employees who are attempting to do just that! I strongly suggest that you put an immediate halt to sudh activities. I would like to arnnend the selection of Paul Cook as city manager. He is on the right track. Also I have noticed that your building department, including your Mr. Kriesje (sp), Ross Craraner, Tyr, and all of the girls have been very helpful if my efforts to get the 120 Main Street seismic repairs completed. I truly hope you will take the time to give perusal to this long dissertation. It may see*, like a broken record to you. However, as a citizen and property owner this seems to be the only recourse I have. 'hank you! Sincerely, Oscar G. Taylor 220 Via San Remo Newport Beach, CA 926063 (714) 673-1784 A., �So,50 ,l CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH CDA To CONNIE BROCKWAY From M. BRENNAN City Clerk Director Real Estate Services Subject James Rush - City Property Date July 30, 1991 Purchases In response to your memo directed to Bob Franz on July 23, 1991, regarding the above referenced James Rush. As per a conversation this date between myself and Paul D'Alessandro, Deputy City Attorney, the City Attorney's office will be handling communication with Mr. Rush and his attorney regarding the information he is seeking. If you have any further communication from Mr. Rush, please forward to Paul D'Alessandro's attention. DMB/rf cc: Bob Franz, Deputy City Administrator Paul D'Alessandro, Deputy City Attorney CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH Bob Franz To Deputy City Administrator/ Administrative Services Subject Letter from James Rush Re: Property Purchases By City Connie Brockway From City Clerk Date July 23, 1991 Please inform Mr. Rush of the process by which he can obtain the information he requests in his letter. I have attached the RCA I located in the Clerk's records regarding this item. CB:cc cc: Dan Brennan City Attorney CC, I P0,,JY' , 94e 17 — -;z a Pry HA�k ;p-acge> /,tA., 0i S: 77s, twz;- o P Ao z. uu o j-,p A- F pp�&',t-v4-g- r-r- I F YePLs-i4-'- 15 F-F-z cc— COOA--o elaoolpt A46-- WITIL 71� C) CO AZ e?UT - —rc, 6 S;24 —.2S Ln LS fit pr-opeavars va-4 g*,Jv Pemcvo-n -1111� C60&-As -rvk- �:liwM 0 e701 �-JC v A-5 6-or>A) L Cl/ REQUt%.. r FOR CITY COUN,.;iL- ACTION Submitted to: Submitted by: Prepared by: Date February 22, 1989 Honorable Mayor and City Council Paul E. Cook, City Administrator Robert Franz, Deputy City Administrato Subject: Resolutions of Need & Necessity for Warner A4e Widening 115� � PLO. 5 9q D 5 9 q J J 5 q 9.Q q q 3'� C 59qq Consistent with Council Policy? 9A Yes New Policy or Ex Al R"on Statement of Issue, Recommendation, Analysis, Funding Source, Alternati0f-Actions, 4tteefimpatr— V STATEMENT OF ISSUE The widening of Warner Avenue is contingent upon the city acquiring additional right-of-way adjacent to portions of the roadway. Eight separate ownerships have yet to be acquired and because of the press of time, the city must exercise its power of eminent domain on this project. RECOMMENDATION 1. Adopt the attached resolution of need and necessity to initiate the eminent domain proceedings for the acquisition of these eight properties. ANALYSIS: The city of Huntington Beach, in the process of widening Warner Avenue to three (3) lanes each way together with center dividers and turn lanes, is Using. Federal Aid Urban (FAU) funds at 87 percent to finance the project. Time is of the essence in the funding of these monies. The city must have possession of these parcels within the next three months or face the possibility of losing the federal funding. FUNDING SOURCE: Eighty-seven percent FAU with the balance paid out of the city gas tax revenues. ALTERNATE ACTION Not acquire the parcels necessary for this project and lose these federal funds with the consequence of continued frustrating congestion and unsafe conditions remaining. ATTACHMENTS: Resolutions. t4**rj`c1E LF-rrEAS PEC:PDA:sg _/8S