Appendix — Morgan v. Community Redevelopment Agency

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(G *, fF FILED ¢§

@irL1LITS | nov ig vw

OFFICE OF THE CLERK

No.

IN THE SUPREME COURT OF THE UNITED STATES

CCTOBER TERM, 1991

DAVID MORGAN, ET AL,

PETITIONERS

VS.

COMMUNITY REDEVELOPMENT AGENCY OF THE

Gases OF

LOS ANGELES, €T AL,

APPENDIX TO

PETITION FOR A WRIT OF CERTIORARI TO THE

CALIFORNIA SUPREME COURT

David Morgan

6262 Sunset Blvd.

Hollywood, Calif.

90028

Petitioner in pro per

A-1

APPENDIX A

Order of California Supreme Court denying

rehearing and depublication of Opinion

dated August 22, 1991

Second Appellate District, Division

Seven, NO. B042936

S021685

IN THE SUPREME COURT OF THE STATE OF

CALIFORNIA

IN BANK

DAVID MORGAN Et Al, Appellants

Vv.

COMMUNITY REDEVELOPMENT AGENCY CITY

OF LOS ANGELES, Et Al., Respondents

Petitions for review DENIED.

The request for an order directing

depublication of the opinion is

denied.

LUCAS

Chief Justice

B-1l

APPENDIX B

Order of Second Appellate District

Divison 7 denying rehearing dated June

17, 1991

OFFICE OF THE CLERK

COURT OF APPEAL

STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

ROBERT N. WILSON, CLERK

DIVISION: 7 DATE: 06/17/91

David Morgan

6262 Sunset Blvd.

Hollywood, CA. 90028

RE: Morgan, David

Vs.

Comm. Redeve. Agency/City of

Los Angeles

2 Civil B042936

Los Angeles NO. C607002

THE COURT:

PETITIONS FOR REHEARING ARE

DENIED

C-1

APPENDIX C

Opinion of Second Appellate District

Division 7 denying Appeal dated May 16,

1991 and published at 231 CA3d 243 (1991)

(text of typed Opinion).

Page 243

IN THE COURT OF APPEAL OF THE STATE OF

CALIFORNIA SECOND APPELLATE DISTRICT

DIVISION SEVEN -

No. B042936

(Super. Ct. No. C607002)

DAVID MORGAN, NORTON HALPER, et al.,

Plaintiffs/Appellants,

Vv.

COMMUNITY REDEVELOPMENT AGENCY OF

THE CITY OF LOS ANGELES, et al.,

Defendants/Respondents.

SUSAN B. NELSON, President of SAVE

HOLLYWOOD OUR TOWN, et al.,

Plaintiffs/Appellants,

Vv.

COMMUNITY REDEVELOPMENT AGENCY OF

THE CITY OF LOS ANGELES, et al.,

Defendants/Respondents.

mee ee ee ee ee ee ee ee”

APPEAL from a judgment of the Supe-

rior Courtof Los Angeles County. Barnet

M. Cooperman, Judge. Affirmed.

Page 244

David Morgan, for Plaintiff and Ap-.-

pellant in pro. per.

C-2

James K. Hahn, Los Angeles City At-

torney, Patricia V. Tubert, Susan D.

Pfann, and Kane, Ballmer & Berkman, R.

Bruce Tepper, Jr., and Kathryn Reimann,

attorneys for Respondents.

Gronemeier & Barker, Elbie J. Hick-

ambottom, Jr., and Dale L. Gronemeier,

attorneys for Appellants/Plaintiffs,

Susan Nelson, Karen Hale Wookey, Kather-

ine Armour and Jamia Riehl, officers of

Save Hollywood Our Town ("SHOT").

Gronemeier & Barker, Dale L. Grone-

meier and Elbie J. Hickambottom, Jr., at-

torneys for Appellant/Plaintiff, Norton

Halper.

Page 248

INTRODUCTION

The Hollywood Redevelopment Project

(the Project) was adopted by the Los An-

+

geles City Council on May 7, 1986 and

Signed by the Mayor on May 9, 1986. It

C-3

establishes a project area of approxi-

mately 1100 acres in that part of the

city known as Hollywood. The primary

goals of the Project is the elimination

of blight and revitalization of the area.

The Project would divert tax increment

funds to the Community Redevelopment

Agency (CRA) during its lifetime of 30

years.

The area encompassed is an older

portion of Hollywood generally bounded by

LaBrea Avenue on the west; Franklin Av-

enue, the Hollywood Freeway ana” Hollywood

Boulevard on the north; Serrano Avenue on

the east; and Fountain Avenue and Santa

Monica Boulevard on the south.

Included in the area are residen-

tial, commercial and industrial develop-

ment constituting 796 net acres (exclusive

of streets, freeways and other right of

way) which are subdivided into 2908 sepa-

C.-4

rate parcels of land with 2033 separate

owners.

The CRA commenced setting up a Pro-

ject Area Committee (PAC) in 1983. Elec-

tions to the PAC were conducted on Decem-

ber 13, 1983 and Joint Public Hearings on

the Project were held on April 16, 1986.

The proceedings leading up to the adop-

tion of the Redevelopment Plan (The Plan)

was a process of Plan review which re-

quired two and one half years, resulted

in 120 community meetings, three days of

public hearings and review by the City

Planning Commission and the Los Angeles

City Council. The Project Area Committee

approved the adoption of the Redevelop-

ment Plan. The Los Angeles City Council

adopted the Plan by a two-thirds majority

vote.

Plaintiff/Appellant Norton Halper

filed a validation action in the Superior

C-5

Court of Los Angeles County which was

consolidated with a similar action filed

by parties identified as SHOT (Save Hol-

lywood Our Town). Judgment was entered in

favor of defendants/respondents the

Community Redevelopment Agency and the

City of Los Angeles on April 20, 1989, a

timely notice of appeal was filed.

Page 249 ISSUES

Appellants have raised the following

issues on appeal.

1. The Project Area Committee (PAC)

did not meet the statutory requirements

of self formation and representativeness.

2. The project area residents and

property owners due process rights were

violated by inadequate notice of the Pro-

ject Area Committee (PAC) formation and

the Joint Public Hearing.

3. The Los Angeles Community Rede-

velopment Agency (CRA) and the Los Ange-

C-6

les City Council were erroneous in their

determination that the project area is

blighted and that the determination is

not supported by substantial evidence.

4. Appellants were improperly de-

nied discovery by the trial court.

5. The trial court applied the im-

proper standard of review in granting

judgment upholding the validity of the

Hollywood Redevelopment Project as ap-

proved and adopted by the Los Angeles

City Council.

6. The trial court's finding that

there was no credible evidence of appel-

lants' allegations of fraud by the Commu-

nity Redevelopment Agency and the City of

Los Angeles in the formation and adoption

of the Plan.

7. That the Redevelopment is not

consistent with the City of Los Angeles

General Plan.

Guw7

8. That the trial court erred in

awarding costs to Respondents and against

Appellants Susan B. Nelson, Karen Hale

Wookey, Jamia Riehl and Katherine Armour.

DISCUSSION

The Project Area Committee (PAC) was

Self Formed as required by law and was

Representative within the meaning of

Health and Safety Code section 33385.

The Legislature has made provisions

for the formation of a project area com-

mittee in section 33385 of the California

Health and Safety Code.

"The legislative body of a city or

county shall call upon the residents

and existing community organizations

in a redevelopment project area,

within which a substantial number of

low- and moderate-income families

are to be

Page 250

eee

C-8

displaced by the redevelopment pro-

ject, to form a project area commit-

tee. The project area committee

shall include, when applicable, res-

idential owner occupants, residen-

tial tenants, businessmen, and mem-

bers of existing organizations

within the project area. The members

of the committee shall serve without

compensation. "Tne legislative body

shall approve a representative pro-

ject area committee in each project

area within 60 days after the pro-

ject area is selected."

The trial court made the following

findings regarding the formation of the

PAC which are consistent with the record

and supported by substantial evidence.

The City adopted a resolution calling for

the formation of a PAC to include prop-

erty owners, residential tenants,

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business owners, and existing community

organizations. Four community organiza-

tions were to be appointed to the PAC by

the council office; the remaining 21 mem-

bers were to be elected by the community

within the proposed project area.

The Community Redevelopment Agency

(CRA) sent two separate mailings of a No-

tice of Formation of the Project Area

Committee to the property owners of

record in the proposed area and in addi-

tion distributed approximately 25,000

circulars throughout the project area on

two occasions in August and November of

1983. Notices were published in commu-

nity newspapers by the Agency and other

publicity was generated by newspaper ar-

ticles.

Six community meetings were held

from June to November, 1983 at which re-

development and the formation of the PAC

ee aT

C-10

was discussed. An election was held in

the Hollywood High School Auditorium on

December 13, 1983 to form the PAC. Over

250 community members attended, a secret

ballot was conducted. Nominations were

accepted by a procedure prior to the

meeting and from the floor, all nominees

were given an opportunity to speak. The

trial court found that the election of

the PAC members was reasonably and regu-

larly conducted.

The election resulted in a PAC con-

Sisting of four residential property own-

ers, four residential tenants, six

business owners or tenants, three indus-

trial or manufacturing property owners or

operators and four community organiza-

tions. Four additional community organi-

zations were appointed to the PAC by the

City Council office. With: n 60 days of

the selection of the project area,

C-11

the City Council approved as representa-

tive the Project Area Committee (PAC).

Health and Safety Code section 33385

as in effectin 1983 did not specify the

method of the selection of the PAC mem-

bers nor does the law provide for or re-

quires election by the process of an

election, appointment of mem-

Page 251

bers is not precluded. The legislative

body has broad discretion in the forma-

tion of the Project Area Committee. The

PAC as formed had 21 elected members and

4 appointed members.

Substantial evidence supports the

determination that the PAC was self

formed and representative of the project

area. The methods used in the formation

of the PAC were consistent with Health

and Safety Code section 33385 and inde-

pendently reasonable.

C- 12

There was no credible evidence that

the PAC was unduly influenced or domi-

nated by any group or agency in either

its formation or functioning. Pursuant

to Health and Safety Code section 33386

the Redevelopment Agency is to consult

with and obtain the advice of the Project

Area Committee. This was accomplished

and the PAC approved the adoption of the

Redevelopment Plan which was then adopted

by the Los Angeles City Council by a two-

thirds majority.

The Agency Complied with the Law in

Providing Adequate Notice of the PAC For-

mation and the Joint Public Hearing.

Health and Safety Code section 33385

as it existed in 1983 did not describe

the nature of notice to be given to resi-

dents of the project area and community

organizations, "The legislative body of a

city or county shall call upon the resi-

C-13

dents and existing community

organizations," regarding the formation

of the Project Area Committee (PAC). As

will be subsequently discussed no statute

specifies the manner of notice of the

Joint Public Hearing on the Redevelopment

Plan. In the absence of statutory provi-

sion the notice should be such as to

reasonably give notice to those within

the project area.

During the formation of the PAC the

Agency made two mailings to the property

owners in the project area, on two occa-

sions distributed approximately 25,000

flyers, published notice three times in

newspapers and conducted six pre-PAC for-

mation community meetings. There is a

lack of credible evidence that any other

form of notice would have been more ef-

fective or that any persons were denied

participation in the PAC formation.

C-14

The Joint Public Hearing is a public

hearing concerning the enactment of the

Redevelopment Plan. Notice of the he@=r~

ing is provided for in Health and Safety

Code section 33349: "Section 33349. "The

agency shall publish notice of the hear

ing not less than once a week for four

successive weeks prior to the hearing.

The notice shall be published in a news-

paper of general circulation, printed and

published in the community, or if there

is none, in a newspaper selected by the

agency. The notice of hearing shall in-

Clude a legal description of the

Page 252

boundaries of the area or areas desig-

nated in the proposed redevelopment plan

and a general statement of the scope and

objectives of the plan. Copies of the

notices shall be mailed to the last known

assessee of each parcel of land in the

C-15

area designated in the redevelopment

plan, at his last known address as shown

on the last equalized assessment roll of

the county; or where a city assesses,

levies, and collects its own taxes, as

shown on the last equalized assessment

roll of the city; or to the owner of each

parcel of land within such boundaries as

such ownership is shown on the records of

the county recorded 30 days prior to the

date the notice is published. Copies of

the notices shall also be mailed to the

governing body of each of the taxing

agencies which levies taxes upon any

property in the project area designated

in the proposed redevelopment plan. The

1.otice shall be mailed by certified mail

with return receipt requested."

Pursuant to the code requirements

the Agency sent notice by certified mail

to the owners of property within the pro-

C-16

posed project area as established by

lists provided by the County of Los Ange-

les in January, 1986. Additionally the

Agency sent notice to all persons re-

questing notice whoappeared on the pro-

ject's mailing list, whether or not such

person owned property within the proposed

project area. Although not required by

the code, the Agency on April 4, 1986

caused to be distributed approximately

21,600 noticesto residences and busi-

nesses throughout the project area.

Although Health and Safety Code section

33349 requires publication of the notice

in one newspaper, the Agency published

notice in two newspapers of general cir-

culation distributed within the project

area. The record also indicates that

prior to and during the hearing process

there was significant media coverage of

the Redevelopment Plan and process.

C-17

Apparently appellants urge that the

Agency was required to send notices of

the Joint Public Hearing toeach assessee

on the 1985-1986 County tax assessment

role, which would include all joint own-

ers of the parcel of property, including

spouses and children of joint owners and

further if an assessee owned more than

one parcel that the Agency would be re-

quired to send he or she a notice for

each parcel within the project area. The

evidence indicates that numerous persons

owned more than one parcel of property,

several owning more than ten parcels

each. Approximately 500 assessees own at

least two parcels each in the Project

area. There are 2,023 property owners

for 2,908 parcels of real property.

Health and Safety Code section 33349

provides that notice be sent to "the last

known assessee" of each” parcel of land.

C-18

If an assessee owns more than one parcel

of landa single notice is sufficient un-

der the statute. Likewise the statute

does not require a notice to be sent to

each joint owner of the parcel of prop-

erty.

Page 253

In the case of Herrington v. Weigel

(1978) 82Cal.App.3d 676, 682-683, the

court held that a directive to send no-

tice to assessees does not require that

each assessee receive a separate notice.

A co-tenant's due process rights were not

violated because separate notices of an

"Intent to Deed Property to the State"

for failure to pay back taxes were not

sent. In that case section 3701 of the

Revenue and Taxation Code provided; " ..

- the tax collector shall send a notice

by registered mail of the intended sale

to the last assessee of each portion of

C-19 »

the property at his last known address.”

The court held that "there is no

requirement in the code that "each"

assessee be sent a separate copy or

copies. The assessees have some duty to

designate how they want their names to

appear on the tax rolls." In Herrington

the co-tenant could lose his interest in

the real property by forfeiture if not

notified by the co-owner assessee who

received notice, a harsh result, the

instant case would not result in such a

drastic action but rather involves the

designation of the property as a parcel

within the Community Redevelopment Plan.

Although it is reasonable to con-

clude from the record that some assessees

may have not received a notice by certi-

fied mail of the Joint Public Hearing,

the number is disputed by the parties and

substantial evidence supports the conclu-

C-20

sion that the Agency made a good faith

effort to satisfy the code requirements,

of notice to those property owners within

the project area. Any defects were

technical and not substantial. There is

substantial evidence that the Agency at-

tempted to inform the public and property

owners in the project area as to the var-

ious steps and meetings in the process of

the adoption of the Redevelopment Plan,

there is no credible evidence that the

Agency pursued a policy of suppressing or

failing to make available notices and in-

formation regarding the Redevelopment

Project. The meetings were well publi-

cized and well attended. in

In Downtown Palo Alto Committee for

Fair Assessment v. City Council of Palo

Alto (1986) 180 Cal.App.3d 384, 389, 390,

a Streets and Highway Code section 36522

required the notice of the adoption of an

C-21

assessment district be mailed to “each

business in the proposed, or established

area." The facts indicated that about 25

percent of the businesses did not receive

notice, 179 of 727. The appeals court

affirmed the trial court's holding that

the City had substantially complied with

the statute. The court held at pages 394-

396:

"Literal compliance with the statute

would also be unreasonably burdensome to

cities seeking to establish improvement

areas. .. . And if we were to demand

strict compliance with the statute, fail-

ure to send the requisite notice to a

single business in the proposed improve-

ment area could result in

Page 254

the invalidity of the entire procedure.

Nothing in the statutory scheme suggests

C-22

that the Legislature intended such a

harsh result. ...

"The requisite notice must promote

and satisfy the objectives of the law;

but if it does so, mere technical, insub-

stantial noncompliance with the provision

- « « that notice of the hearing must be

sent to ‘each business' in the proposed

improvement area will not invalidate the

proceedings."

The appellants each received notice

of the Joint Public Hearing and no claim

of lack of notice was made at the Joint

Public Hearing. Appellants have failed

to show that a substantial number of per-

sons failed to receive notice or that any

owners of property sustained prejudice by

lack of notice. Any error, irregularity

Or omission by the Agency did not affect

the parties substantial rights. In re De-

C-23

velopment Plan for Bunker Hili (1964) 61

Cal.2d21, 43, 44.)

The Determination by the CommunityY

Redevelopment Agency and the City of Los

Angeles that the Project Area is Blighted

is Supported by Substantial Evidence.

The statutory provisions applicable

in order to make a determination of

blight are as follows:

"Section 33030. Existence of

blighted areas

"It is found and declared that there

exist in many communities blighted areas

which constitute either physical, social,

or economic liabilities, .. . requiring

redevelopment in the interest of the

health, safety, and general welfare of

the people of such communities and of the

state.

" . . .- A blighted . .. area is one

which is characterized by one or more of

C-24

those conditions set forth in Sections

33031 . . .or 33032, causing a reduction

of, or lack of, proper utilization of the

area to such an extent that it consti-

tutes a serious physical, social, or eco-

nomic burden on the community which can-

not reasonably be expected to be reversed

or alleviated by private enterprise act-

ing alone.

"Section 33031. Blighted area; un-

fit or unsafe buildings

"A blighted area is characterized by

the existence of buildings and

structures, used or intended to be used

for living, commercial, industrial, or

other purposes, or any combination of

such uses, which are unfit or unsafe to

occupy for such purposes and are

conducive to ill health, transmission of

disease, infant mortality, juvenile

delinquency, and crime because of any one

C-25

or a combination of the following

factors:

"(a) Defective design and character

of physical construction.

Page 255

"(b) Faulty interior arrangement

andexterior spacing.

"(c) High density of population and

overcrowding .

"(d) Inadequate provision for

ventilation,light, sanitation, open

spaces, and recreationfacilities.

"(e) Age, obsolescence, deterioration,

dilapidation, mixed character, or shift-

ing of uses."

Health and Safety Code section 33032.

Blight is also found where proper-

ties suffer from economic dislocation,

deterioration or disuse because of one or

more of the following factors:

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"(a) The subdividing and sale of

lots of irregular form and shape and

inadequate size for proper usefulness and

development.

"(b) The laying out of lots in dis-

regard of the contours and other topogra-

phy or physical characteristics of the

ground and surrounding conditions.

"(c) The existence of inadequate

public improvements, public facilities,

open spaces, and utilities which cannot

be remedied by private or governmental

action without redevelopment.

"(d) A prevalence of depreciated

values, impaired investments, and social

and economic maladjustment."

The Los Angeles City council in

adopting the Redevelopment Plan had be-

fore it the Agency's Report to the

Council consisting of 640 pages which in-

Cluded 219 pages describing conditions in

C-27

the project area. The community of Hol-

lywood was originally a low density resi-

dential area which now consists of old

and deteriorating buildings, seriously

overcrowded housing conditions and a sub-

stantial number of seismatically unsafe

commercial buildings. There is a lack of

adequate housing, Open space and trans-

portation. Twenty-five percent of the

commercial structures suffer construction

defects in that they were built with un-

reinforced masonry.

The population of the project area

increased 25 percent from 1970 to 1980,

however, during the same period available

housing only increased 2 percent. In

1980 approximately 5000 households had

three or more occupants but only 2000

housing units had two or more bedrooms.

Areas originally designed and built as

i a

C-28

low density residential have been trans-

formed into

Page 256

high density multi-family dwellings. The

project area is deficient in park land.

The buildings are old and show dete-

rioration. At least 36 percent of the

Single family residences show deferred

maintenance, an additional 27 percent re-

quire moderate to heavy rehabilitation.

There is adult entertainment in Close

proximity to schools and residences,

There are incompatible industrial uses in

the area.

Hotels and motels have shifted to

use as transient rentals and regional re-

tail uses have shifted to transient

specialty shops. |

The project area is poorly subdi-

vided making proper development difficult

because of land ownership patterns. Land

C-29

values have depreciated. There is a need

for housing due to overcrowding but 86

percent of the residential parcels are

below the threshold size for development.

Over 20 percent of the land parcels fail

to meet minimum zoning standards.

Ninety-two percent of the residential

property is separately owned but only 6

percent of the housing is owner-occupied.

New development and reinvestment in the

area is unlikely due to the low income of

residents and their inability to support

higher rents. The project area does not

have the ability to support the present

level of government services.

The reported crime rate for the pro-

ject area is double the City-wide rate.

The street scene is dominated by youthful

runaways and the homeless. Private

revitalization of the area is highly un-

likely. The Redevelopment Agency and the

is; i

C- 30

City Council heard testimony and evidence

for and against the adoption of the Rede-

velopment Plan. The City Council adopted

the Redevelopment Plan and made a deter-

mination that the project area was

blighted. The trial court in addition to

reviewing the record before it from the

Redevelopment Agency and the City Council

hearings permitted appellants to present

contradictory evidence to the Record of

Proceedings. The court heard 60 half

days of testimony and reviewed documents

presented by the appellants. After

review of all the records and the addi-

tional testimony the trial court found

the decisions and determinations of

respondents in adopting the Redevelopment

Plan, including the determination that

the project area was blighted was

supported by substantial evidence.

C-31

In the case of (In re Development

Plan for Bunker Hill (1964) 61 Cal.2d 21,

the California Supreme Court was faced

with a factual situation very similar to

the case at hand. The Redevelopment Plan

for Bunker Hill was a massive

Page 257

redevelopment within the central city

area of the City of Los Angeles. The re-

spondents objected to the final

Redevelopment Plan, the determination of

blight and the standard of judicial re-

view. The Supreme Court upheld the final

Redevelopment Plan and the determination

of blight. "It becomes immaterial whether

the actions of the agency and the city

council in adoption of the Bunker Hill

project be termed 'legislative' or

‘administrative' in either event the

trial court was correct in its refusal to

reweigh the evidence and in confining it-

C-32

self to determining whether the findings

and determinations of the inferior bodies

were supported by substantial evidence."

(At p. 40.) "The trial court was correct

in its refusal to exercise its indepen-

dent judgment on the evidence upon which

the agency and the city council acted."

(At p. 41.) "Moreover, objections are

being accorded a judicial determination

on the issue of blight through the

substantial evidence review made in the

subject proceeding by the trial court,

and which is now before us on appeal."

(At p. 41.)

The Supreme Court in the Bunker Hill

case on page 40 in defining the scope of

judicial review cited the matter of Pitts

v. Perluss (1962) 58 Cal.2d 824, 833,

835,"As to the quasi-legislative acts of

administrative agencies, judicial review

is limited to an examination of the pro-

C.33

ceedings before the officer to determine

whether his action has been arbitrary,

capricious, or entirely lacking in evi-

dentiary support." "The substitution of

the judgment of a court for that of the

administrator in quasi-legislative mat-

ters would effectuate neither the leg-

islative mandate nor sound public pol-

icy.”

In the matter of Fosselman's v. City

of Alhambra (1986) 178 Cal.App.3d 806,

811-812, the appellant challenged the Re-

development Plan adopted by the City and

the finding of blight. The court held

"In Community Development Law the Legis-

lature delegated to the agency and the

city council the power to determine

blight as well as the power to adopt and

implement redevelopment plans, the acts

of the agency and the city council in

carrying out such functions have been

C.34

termed legislative." (At p.811.) "The

substantial evidence standard, not the

independent exercise of the court's judg-

ment, governs judicial review of the

findings and determinations of an agency

and legislative body in the adoption and

approval of a redevelopment plan." (At

p. 810.)

The Redevelopment Agency, the City

Council and the trial court found sub-

stantial evidence of blight within the

project area. This court finds: that

there is substantial evidence to sustain

the determination by these bodies of

blight, and the actions by the Agency and

Council were neither arbitrary, capri-

cious nor entirely lacking in evidentiary

support.

Page 258

Differences of opinion, no matter

how strongly presented, do not warrant

C-35

rejection of respondent's action, where

it has been demonstrated that respondents

were presented with opposing viewpoints,

considered them extensively and on the

basis of evidence selected one alterna-

tive rather than another. (Karlson v.

City of Camarillo (1980) 100 Cal.App.3d

789, 803.)

THE TRIAL COURT DID NOT ERR IN LIMITING

DISCOVERY

The scope of judicial review of a leg-

islative type activity is limited to an

examination of the record before the au-

thorized decision makers to test for suf-

ficiency with legal requirements.

(Fosselman's, Inc. v. City of Alhambra

(1986) 178 Cal.App.3d 806, 811-812.) A

substantial evidence review is limited to

the record before the Community Redevel-

opment Agency and the City Council, it is

an examination of the proceedings before

C-36

the entities to determine if their ac-

tions were arbitrary, capricious, or

entirely lacking in evidentiary support.

The trial court reviews the decision mak-

ing process of the administrative agency

and does not conduct its own evidentiary

hearing, thus discovery is limited.

California Community Redevelopment

Law section 33000 et seq., Sections

33360-33364 set forth detailed provisions

to challenge the adoption of a Redevelop-

ment Plan, it established an administra-

tive procedure to challenge the Plan's

adoption. Notices are given and public

hearings are held, objectors are given an

opportunity to participate in the statu-

tory hearing process. (Redevelopment

Agency of County of Riverside v. Superior

Court (1991) 228 Cal.App.3d 1487.) If

the objectors fail to exhaust their

administrative remedies they are fore-

C-37

closed from raising issues before the

trial court not properly raised during

the administrative hearing process.

Appellants attempted to subpoena

parties and notice depositions, respon-

dents filed a motion to quash. In each

hearing before the court appellants

failed to make a sufficient showing to

justify said discovery in a limited

review situation. Appellants had partic-

ipated in the public hearings and were

given an opportunity to present evidence

and raise whatever issues they thought

were important and relevant. Their fail-

ure to raise an issue or present evidence

at the public hearings operates as a

waiver of presenting such evidence or

raising said issue before the trial

court, whose function it is to review the

record. The record exceeded 9000 pages

in length. Appellants were afforded an

C.-38

opportunity to review, challenge and

proffer supplements to the Record of

Proceedings. Appellants are not entitled

to present additional or new evidence at

the trial thus discovery pertaining to

the introduction of new evidence is to be

severely limited and within the sound

discretion of the trial court. In the

matter of Kahn v. East Bay Mun.

Utl.District (1974) 41

Page 259

Cal. App.3d 397, 402, the petitioner

attempted to introduce before the trial

court evidence of water rates charged in

some 23 communities to challenge the

rates set by the municipal utility dis-

trict. Said evidence was rejected in

that petitioner was present at the public

hearing on the setting of the water

rates, and although he objected to the

rates, he presented no evidence to sup-

C-39

port his objections. Thus he could not

present additional or new evidence to the

trial court not introduced at the

hearing.

After the trial court had certified

the Record of Proceedings as complete for

purposes of review, the court denied ap-

pellant's renewed motion for discovery.

Thereafter the court ruled on other re-

quests for depositions and discovery. At

each hearing appellant was permitted to

make a showing that the documents sought

or depositions requested were relevant

and material to the preparation of their

case for trial and had not been

previously produced. Each time the trial

court denied the discovery after full

consideration of the motions. The trial

court exercised its discretion in

determining whether the discovery sought

would lead to relevant and material evi-

C-40

dence. Appellants have failed to show

that the trial court abused its discre-

tion. Appellants sought to discover in-

formation which it could have sought and

presented at the public hearings and has

failed to show said information was not

available at the time of the public hear-

ings. Jeffery v. City of Salinas (1965)

232 Cal. App.2d 29, 39.) Failure to raise

an issue in protest at the public hearing

constitutes a waiver of the right to have

that issue determined by the council of

the court.

Discovery statutes vest a wide discretion

in the trial court and exercise of that

discretion will be disturbed only when it

can be said there has been an abuse of

discretion. An order compelling discovery

must rest on a showing that the discovery

is reasonably calculated to lead to

admissible evidence in an adminis-

C-41

trative mandamus proceeding. (Mobil Oil

Corp. v. Superior Court (1976) 59

Cal.App.3d 293, 304; City of Fairfield v.

Superior Court, 14 Cal.3d 768, 774-775.)

On April 8, 1988 appellant Nelson

filed a Petition for a Writ of Mandate

with the Appeals Court to seek appellate

review of a discovery protective order

issued by the trial court. It was denied

for failure to show an abuse of discre-

tion.

THE TRIAL COURT CORRECTLY APPLIED THE AP-

PROPRIATE STANDARD OF REVIEW

The trial court correctly determined

that there was substantial evidence to

Support the actions of respondents, it is

not for the trial court to

Page 260

involve itself in the decision making

process of a Redevelopment Agency and a

City Council, the Legislature delegated

C-42

legislative decisions to those agencies

and not to the courts. Judicial review

is limited to whether there was

substantial evidence to support the leg-

islative decisions.(In re Redevelopment

Plan for Bunker Hill (1964) 61 Cal.2d2l1,

40; Sanguinetti v. City Council of Stock-

ton (1965) 231Cal.App.2d 813, 817; Na-

tional City Business Assoc. v. National

City (1987) 146 Cal.App.3d 1060, 1065;

Fosselman's Inc. v. City of Alhambra

(1986) 178 Cal.App.3d 806,811-812.) "A

de novo type of review does not apply to

quasi-legislative acts of administrative

officers and judicial review is limited

to an examination of the proceedings be-

fore the officer to determine whether his

action has been arbitrary, capricious or

entirely lackingin evidentiary support."

The Redevelopment Agency and the

City Council have authority to designate

—

C.43

redevelopment areas and the court is not

empowered to substitute its determination

for the determination of the agency or

the legislative body. (Babcock v. Commu-

nity Redevelopment Agency (1957) 148

Cal.App.2d 38.) "The trial court should

not reweigh the evidence but confine it-

self to determining whether the findings

and determinations of the inferior bodies

were supported by substantial evidence. .

- « The trial court was correct in its

refusal to exercise its independent

judgment on the evidence upon which the

agency and the city council acted." (In

re Redevelopment Plan for Bunker Hill, 61

Cal.2d 21, 40-41.)

Appellants urge that the trial court

applied the improper standard of review

by determining that all of the acts of

the agency and city council were quasi-

legislative, wherein appellants argue

C.44

that certain acts such as the finding of

blight, the factual findings that the

redevelopment plan is economically sound

and feasible and that the redevelopment

plan conforms to the general plan of the

community require factual findings which

are quasi-judicial in nature.

A redevelopment plan is a comprehen-

Sive method to carry out the redevelop-

ment of an area. Although the process of

adoption of a redevelopment plan provides

for the holding of public hearings and

the taking of testimony along with exami-

nation of various criteria in arriving at

its determinations, these determinations

remain essentially legislative in charac-

ter (City of Santa Cruz v. LAFCO (1978)

76 Cal.App.3d 381, 388); "An administra-

tive agency such as LAFCO is nonetheless

quasi-legislative in nature, though it

holds public hearings and considers

C-45

‘testimony presented by any. . . inter-

ested person who wishes to appear.’ .. .

The Legislature and administrators

exercising quasi-legislative powers com-

monly resort to the hearing procedure to

uncover, at least in part, the facts

necessary to arrive at a sound and fair

legislative decision. . .. Hence the

presence of

Page 261

certain characteristics common to the ju-

dicial process does not change the basi-

cally quasi-legislative nature of the

subject proceedings."

Sanguinetti v. City Council of

Stockton (1965) 231 Cal.App.2d 813, 817-

“818. ... =“Pirst it is to be observed

that while the statutes refer to

'findings' to be made by the legislative

body, in this case the city council, the

word 'findings' is not to be equated with

C-46

that term as used in statutory provisions

as to judicial proceedings. The hearing

before the city council is not a judicial

proceeding, nor is it required to be car-

ried out with all the nicety or require-

ments for such proceedings. By the word

'findings' the Legislature plainly refers

to certain specific determinations to be

arrived at by the city council as a pre-

requisite to adoption. ... Of course,

the law does not contemplate that the

legislative body will adopt a proposed

redevelopment plan without determining

generally that it complies with the

applicable law and will be for the bene-

fit of the community to be affected. ..

-But all this is not to say that the

Legislature required specific 'findings'

and determinations in exact accord with

the legislative language. Substantial

compliance is sufficient." The California

C-47

Legislature has delegated to

redevelopment agencies as legislative

bodies the power and authority to deter-

mine blight and effectuate redevelopment.

(In re Bunker Hill (1964) 61 Cal.2d 21,

52.) The court's function is to review

the administrative record to determine if

there is substantial evidence to support

the determination of the administrative

agency.

It is only in those cases, unlike

the facts herein, where a party has ac-

guired a fundamental vested right and the

administrative decision substantially af-

fects that fundamental vested right that

the court will conduct an independent re-

view of the evidence and the record. In

those cases the vested right is deemed

substantially significant to preclude its

extinction by a body lacking judicial

power. However, this must be decided on

C-48

a case by case basis. (Whalers Village

Club v. California Coastal Commission

(1985) 173 Cal.App.3d 240, 251; Bixby v.

Pierno (1971) 4 Cal.3d 130, 146; 301

Ocean Ave. Corp. v. Santa Monica Rent

Control Board (1981) 91 DAR 3970, 3971.)

THERE IS NO CREDIBLE EVIDENCE OF FRAUD BY

THE CRA OR THE CITY IN THE FORMATION OF

ADOPTION OF THE PLAN

Appellants convinced the trial court

to permit testimony and documentary evi-

dence, not contained in the administra-

tive record, to support their allegations

of fraud in the formation and adoption of

the Redevelopment Plan.

Page 262

The trial court made express find-

ings that appellants "produced no credi-

ble evidence supporting any of their

fraud allegations against the Agency and

the City of Los Angeles." Appellants were

C-49

granted wide latitude in the presentation

of evidence, the hearing commenced on May

27, 1988 and concluded on September 23,

1988 and encompassed 60 one-half days of

trial. Appellants called 34 witnesses

and offered 116 exhibits outside the

record of the administrative proceedings.

The court admitted 42 of the exhibits and

after having weighed all of the testimony

and evidence negated the fraud

allegations.

Unlike its review of the ad

3

>

J

>

W

(ct

ry

ww

i

tive record the trial court undertook an

independent, de novo review of appellants

fraud allegations. Although appell

fy

—

(tT

Ww

have urged numerous allegations of fraud,

each and every such allegation was re-~

jected by the court after reviewing the

evidence as being "not credible.”

O*

hth

=

ho

(Johnson v. Pacific Indemnity (196

Cal.App.2d 878, 880.) “The trial court,

C-50

as the trier of fact .. . is the sole

arbiter of all conflicts in the evidence,

conflicting interpretations thereof and

conflicting inferences which reasonably

may be drawn therefrom; is the sole judge

of the credibility of witnesses ...

and, in the exercise of sound legal

discretion, may draw or may refuse to

draw inferences reasonably deducible from

the evidence." (Also see Milligan v.

Hearing Aid Dispensers Examining Com.

(1983) 142 Cal.App.3d 1002, 1005.) "The

court's function... is to review er-

rors of law and not pass on questions of

fact. Even where a trial court must exer-

cise its independent judgment on the evi-

dence, the power of appellate courts

begins and ends with a determination as

to whether there is any substantial evi-

dence, contradicted or uncontradicted,

which will support the conclusion reached

C-51

by the trier of fact." (Bailey v. County

of Los Angeles (1956) 46 Cal.2d132, 137.)

The appellate court will not disturb

findings of fact which upport the trial

court's orders; so far as it has passed

on the weight of the evidence, the trial

court's findings are conclusive.

The court found that the Agency com-

plied with the law in giving notice of

the formation of the PAC committee and

proper notice of the Joint Public Hear-

ings, that the Agency neither manipulated

nor dominated the PAC committee, that the

operations of the PAC were open and demo-

cratic, that the PAC was independent and

that all hearings were well publicized,

well attended and all public concerns

were well aired.

THE REDEVELOPMENT PLAN IS CONSISTENT WITH

THE CITY OF LOS ANGELES GENERAL PLAN

C-52

Appellants are requesting the court

to invalidate the Redevelopment Plan by

collaterally attacking the City of Los

Angeles General Plan.

Page 263

The Record of Proceedings establish the

existence of a General Plan for the City

of Los Angeles. (Record exhs. 65, 65A,

65B.) The Plan is a lengthy document

containing maps, text and diagrams. The

City Planning Commission considered and

reviewed the Redevelopment Plan and found

that it conformed to the City's General

Plan.

The City's General Plan was adopted

at least ten years prior to the adoption

of the Redevelopment Project in May 1986.

The most liberal statute of limitation

applicable to a challenge to the General

Plan would be Code of Civil Procedure

section 343 which provides, "an action

C-53

for relief not hereinabove provided for

must be commenced within four years after

the cause of action shall have accrued."

It is untimely for appellants to attack

the General Plan.

SHOT an appellant herein in another

case previously challenged a trial

court's determination that the plaintiff

was barred by Code of Civil Procedure

section 343 from attacking the suffi-

ciency of the General Plan, Save Holly-

wood Our Town v. City of Los Angeles,

No.B030192, 2nd District (1988). In an

unpublished opinion the Appeals Court up-

held the trial court's decision. The

same parties are before the court with

the same issue for determination.

The trial court's determination that

the Hollywood Redevelopment Plan conforms

to the City's General Plan is supported

by substantial evidence.

a

2-54

THE AWARD OF COSTS AGAINST SHOT APPEL-

LANTS WAS PROPER

The CRA and the City of Los Angeles

filed a Cost Bill in the amount of

$18,560.16, the court awarded costs

against the SHOT appellants; Susan Nel-

son, Karen Hale Wookey, Jamia Riehl and

Katherine Armour only in the amount of

$6,133.15. The court exercised its dis-

cretion in reducing the amount of costs

requested. The parties against whom

costs were assessed are not property own-

ers within the Project Area.

Appellants contend that under the

reasoning of In re Development Plan for

Bunker Hill (1964) 61 Cal.2d 21,71, that

costs cannot be assessed against an ob-

jector in validation proceedings. In the

Bunker Hill case the court held that the

clearance of blighted areas and the

redevelopment thereof are public uses.

C-55

That a property owner in the redevelop-

ment area may be reluctant to give up her

property resulting in eminent domain pro-

ceedings. That even though the party may

not prevail in the trial court or on ap-

peal she would be entitled to be free

from costs in litigation of the action.

(Collier v. Merced Irr. Dist.(1931) 213

Cal. 554, 572.) The owner is entitled to

full compensation for her property, free

from costs.

Page 264

The appellants herein who have been

ordered to pay costs are not property

owners within the Project Area. Their

property will not be subject to condemna-

‘tion and thus the assessment of costs

would not reduce the value of their

property.

The court specifically struck costs

against any appellants who owned real

a

C-56

property within the Project Area to con-

form to the Bunker Hill holding.

As the prevailing parties the re-

spondents are entitled to the costs in

the reduced amount awarded by the trial

court. (Cabello v. ITT General Controls

(1984) 152 Cal.App.3d 1009, 1013; Code

Civ. Proc., Sections 1032, 868.. The

judgment is affirmed. NOT TO BE PUB-

LISHED. KALIN, J. We concur: JOHNSON,

Acting P.J. WOODS (Fred), J.

(Text of typewritten Opinion from Court

of Appeal used, supra. Published version

has minor differences).

ANNOTATIONS TO APPELLATE OPINION, supra,

231 CA3d 243 (1991), presented by Appel-

lant Morgan in Petition for Review to

California Supreme Court:

Page 248

C-57

1. Concealed goals should be men-

tioned which include the imposition of

eminent domain for private developers un-

der the legal fiction of public use and

the confiscation of $ 922 million prop-

erty taxes to subsidize private develop-

ers that would otherwise protect life and

property.

Ze Court correctly ruled CRA set

up PAC thus it could not have been "self-

formed.”

Page 249

36 List of issues omits several

issues such as Neighborhood Impact Report

and includes fraud which was not subject

of appeal.

Page 250

4. Since Council ordered 4 commu-

nity organizations to be appointed PAC

was not "self-formed."

C-58

Se Decision omits fact electorate

was expanded to add businesses and absen-

tee property owners not specified as

electors in HSC Section 33385.

6. Decision does not comment on

Plaintiff survey showing 7859 of 16,000

residential units not notified.

7. Decision is false. CRA attor-

neys stipulated there was no paid newspa-

per notice of PAC election or formation.

(RT 1417:25-27, ARB 32).

8. Decision omits key fact voters

were only allowed by CRA to vote in own

category.

Page 251

9. Appointment by the residents

and existing community organizations is

not precluded but appointment by CRA or

Council is precluded by HSC Section

33385.

C-59

10. Actually HSC Section 33385 only

allows the legislative body two discre-

tionary actions: 1) Whether to call a

PAC. 2) Whether to approve it.

11. Uncontradicted testimony was

there was a voting bloc

controlling PAC and bribed members (RT

3477-87, AOB 34).

‘ 12. See note 7, no paid newspaper

notice was published.

13. Extremely detailed PAC Notice

Survey evidence was offered and not ad-

mitted showing 7859 residential units not

notified and why. No court has ever

weighed the evidence. See Appellant's Mo-

tion to Admit Project Area Committee Evi-

dence filed May 31, 1991 which was not

heard.

Page 252

14. This misstates Appellant posi-

tion. See Petition for Rehearing at vii,

C-60

notes 11:18 - 12:14. Simply notice must

address each owner being notified with

each parcel number being notified.

Page 253.

15. Subjecting tenants and owners

to eminent domain for 30 years for resale

to private developers is certainly harsh

and a drastic action. Tenants got no

mailed notice at any time which is not

due process.

Page 254

16. In CCP Sections 860-870 action

as in class action rights of parties not

appearing are litigated so irrelevant

whether appellants noticed. Strict com-

pliance is required due to imposition of

eminent domain powers when CRA did not

even substantially comply, prejudicing

hundreds of assessees.

Page 255

C-61

17. Appellate Court did not use the

current text of HSC Section 33032 de-

scribing the 7 step "blight" hierarchy

effective Jan. 1, 1985 and has quoted ob-

solete 1976 text with a very lax standard

of "blight," which was given James Regan

(AOB 24, RT 5284:14-5285:27).

18. Many alleged "facts" are ut-

terly false on page 7091. See detailed

criticisms in Petition for Rehearing at

viii-ix.

This is a prime example of the Court not

finding the truth.

Page 256

19. The project area buildings are

the exact opposite of Bunker Hill which

had 60 % dangerous. Not over 3 % to 7 $%

in Hollywood could be called dangerous by

CRA's own evidence.

Page 257

C-62

20. Bunker Hill never ruled

"blight" findings quasi-legislative.

21. Term “substantial evidence” is

not the same as "scintilla of evidence"

which goes with "arbitrary, capricious,

entirely lacking in evidentiary support."

Due to imposition of eminent domain

strict scrutiny de novo review is re-

quired.

Page 258

22. See analysis in Petition for

Rehearing at ix-xi. Since there were

fraud allegations discovery denial was

improper.

23. HSC Sections 33360-33364 were

not in effect in 1986 thus no exhaustion

of remedies was required.

Page 260

24. A CRA is an executive body and

the City Council is its legislative body.

Page 261

C-63

25. Court failed to show its rea-

soning why rights to life, health, prop-

erty, due process do not exist or can be

arbitrarily taken without strict scrutiny

de novo review by preponderance of the

evidence standards.

Page 262

26. Misstates Appellant position.

Respondents admitted the General Plan was

invalid. (Federation of Hillside and

Canyon Associations v. L. A., LASC 526

616, Ap 7715, AOB 42-43, ARB 49). Simply

no redevelopment plan could be adopted

until there was a legal general plan.

When Hamilton exposed this the Mayor

threatened to fire him.

(See also list at pages vi-xii in Appel-

lant Petition for Rehearing and Supple-

mental Briefing filed May 31, 1991 and

discussions.)

ah

D-1

APPENDIX D

Order of Second Appellate District Divi-

sion 7 denying leave to file Appellant's

Motion to Admit Project Area Committee

Evidence dated May 31, 1991.

ORIGINAL JUN 12 1991

Permission to file DENIED

Johnson A. P. J.

—

E-1

APPENDIX E

Judgment of April 20, 1989

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

No. C 607 002 Consolidated With

No. C 607 295 ***

JUDGMENT

Trial in the above-captioned Consol-

idated Actions came on before the Honor-

able Barnet M. Cooperman on May 27, 1988,

in Department 59 of the above Court.

Plaintiff David Morgan appeared in Pro-

pria persona in Case No. C 607 002.

Plaintiffs, Susan B. Nelson, Karen Hale

Wookey, Jamia Riehl and Katherine Armour

in Case No. C 607 295 and Norton Halper,

Plaintiff in C 607 002, appeared through

their counsel of record, Christopher

Sutton, of Gronemeier, Barker & Huerta.

Defendants, the City of Los Angeles and

The Community Redevelopment Agency of the

E-2

City of Los Angeles, California, appeared

through their counsel of record, William

F. Childs, Deputy City Attorney, and R.

Bruce Tepper, Jr. and Kathryn Reimann of

Kane, Ballmer & Berkman.

Trial was held for in excess of 60

court half-days. Argument over the admis-

Sion of exhibits was heard over an addi-

tional 11 Court half-days. Plaintiffs ex-

amined 34 witnesses. A total of 33 Ex-

hibits were received into evidence, in-

Cluding the 10,000 page Record of Pro-

ceedings certified by Judge Warren H.

Deering on July 6, 1988. Both sets of

Plaintiffs each submitted Trial Briefs;

Defendants jointly submitted a Trial

Brief; Plaintiff David Morgan submitted a

Reply Trial Brief. Supplemental Trial

Briefs were also submitted by both Plain-

tiffs and Defendants during the course of

Trial. In addition, both sets of Plain-

E-3

tiffs each submitted written Final Argu-

ment; Defendants submitted a joint Final

Argument. Plaintiffs also submitted sepa-

rate Reply Final Arguments. After a re-

view of all papers in support of and in

opposition to the Amended Complaints,

after hearing testimonial evidence, and

after hearing oral argument in support of

and in opposition to the Amended Com-

plaints, and after signing the Statement

of Decision for the within action,

IT IS ORDERED, ADJUDGED AND DECREED

as a judgment which is and shall be for-

ever binding and conclusive upon the par-

ties hereto and all persons interested in

the validity of the Hollywood Redevelop-

ment Project, as follows:

ie A. Ordinance No. 161,202 of the City

Council of the City of Los Angeles ap-

proving and adopting the Redevelopment

Plan for the Hollywood Redevelopment Pro-

—_ E-4

ject is hereby declared to be adequate,

sufficient, legal and valid in all

respects.

B. The Redevelopment Plan for the Holly-

wood Redevelopment Project and the Holly-

wood Redevelopment Project are hereby

declared to be adequate, sufficient, le-

gal and valid in all respects.

C. Plaintiffs shall take nothing by these

consolidated actions.

II. Judgment is entered in favor of De-

fendants and against plaintiffs on all

Causes of Action.

III. Defendants are to recover costs

against Plaintiffs Susan B. Nelson, Karen

Hale Wookey, Jamia Riehl, and Katherine

Armour only.

Dated: Apr 20 1989

BARNET M. COOPERMAN

Judge of the Superior Court

F-1

APPENDIX F

Statement of Decision of April 20, 1989

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

No. C 607 002 Consolidated With

No. C 607 295

STATEMENT OF DECISION

Trial in the above-captioned Consol-

idated Actions came on before the Honor-

able Barnet M. Cooperman on May 27, 1988,

in Department 59 of the above Court.

Plaintiff David Morgan appeared in pro-

pria persona in Case No. C 607 002.

Plaintiffs, Susan B. Nelson, Karen Hale

Wookey, Jamia Riehl and Katherine Armour

in Case No. C 607 295 and Norton Halper,

Plaintiffs in C 607 002, appeared through

their counsel of record, Christopher

Sutton, of Gronemeier, Barker & Huerta.

Defendants, the City of Los Angeles and

The Community Redevelopment Agency of the

F.-2

City of Los Angeles, California [collect-

ively, "Defendants"], appeared through

their counsel of record, William F.

Childs, Deputy City Attorney, and R.

Bruce Tepper, Jr. and Kathryn Reimann of

Kane, Ballmer & Berkman. During pre-trial

proceedings, certain causes of action

were dismissed by Plaintiffs and judgment

entered pursuant to Code of Civil Proce-

dure Section 631.8. Immediately prior to

Trial, Plaintiff David Morgan was permit-

ted to amend his complaint in certain

respects in order that it conform to the

causes'of action filed in Case No. C 607

295 by Plaintiffs, Susan B. Nelson, et

al. In doing so, however, a cause of ac-

ticn for violation of Public Records Act

was not permitted because of Morgan's

failure to plead the issue previously in

a timely manner. As amended, the Com-

F.-3

plaints enumerated the foilowing causes

of action:

Morgan et al. v. All Persons Interested

Case No. C 607 002 [First Amended Com-

plaint]

CAUSES OF ACTIONI.

I. Finding of Blight Not Supported By

The Evidence

II. Illegal Inclusion of Non-Blighted

Property Within the Project Area

Liz. No Provisions Have Been Made for

Payment for Property to be Acquired

IV. Project Fails to Promote General

Welfare of Community ~

V. Inadequate Information for the

Purpose of Determining the Economic Fea-

sibility of the Redevelopment Plan

VI. Failure of the Redevelopment Plan

to Adequately Describe the Redevelopment

that is Contemplated

VII. Failure to Make Adequate Findings

F.4

VIII. Lack of Substantial Evidence to

Support Finding that Private Enterprise

Acting Alone Would Not Develop The Area

Ix. The Effect of Tax Increment Fi-

nancing Will Cause a Severe Financial

Burden or Detriment on Any Taxing Agency

Deriving Revenues from the Project Area

xX. Violation of Purposes of Redevel-

opment Law

XI. Failure to Organize a Project Area

Committee To Fairly Represent the Commu-

nity as an Independent Public Body

XII. Lack of Feasible Method or Plan

for Relocation of Displaced Families

XIII. No Basis for Finding of eed tai 1s

ity of Substitute Dwellings at Comparable

Costs

TEV. Failure to Provide Full and Fair

Hearing

F.5

XV. The Redevelopment Plan is not Re-

sponsive to the Fiscal Review Committee

Report

XVI. The Redevelopment Plan Does not

conform to the General Plan

XVII. Inadequate and Misleading Prelimi-

nary Report

XVIII. Validation Action by All Plain-

tiffs Against All Defendants

XIX. Violation of Plaintiffs’ Due Pro-

cess and Equal Protection Rights by all

Plaintiffs Against Agency and City

XxX. Injunction to Restrain Illegal Ex-

penditures and Waste of Public Funds Pur-

Suant to C.C.P. Section 526(a) By All

Plaintiffs Against All Defendants

XXI. Writ of Mandate Pursuant to C.C.P.

Section 1085 By All Plaintiffs Against

All Defendants

|

F-6

XXII. Writ of Mandate Pursuant to C.C.P.

Section 1085 By All Plaintiffs Against

All Defendants

XXIII. Writ of Mandate Pursuant to C.C.P.

Section 1085 By All Plaintiffs Against

All Defendants

XXIV. Writ of Mandate Pursuant to

C.C.P.Section 1085 By All Plaintiffs

Against All Defendants

XXV. Writ of Mandate Pursuant to C.C.P.

Section 1085 By All Plaintiffs Against

All Defendants

XXVI. Writ of Mandate Pursuant to

C.C.P.Section 1085 By All Plaintiffs

Against All Defendants

XXVII. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XXVIII. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

Fal

XXIX. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XXX. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XXXI. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XXXII. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XXXIII. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XXXIV. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XXXV. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

titeieieiaeante

F.8

Rea Le Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XXXVII. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XXXVIII. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XXXIX. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XL. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XLI. Writ of Mandate Pursuant to

C.C.P. Section 1085 By All Plaintiffs

Against All Defendants

XLIII. Writ of Mandate Pursuant to

C.C.P. Section 1094.5 By All Plaintiffs

Against All Defendants

F.9

XLVI. Project Area Committee Continu-

ing Violations Pursuant to Health &

Safety Code Sections 33385, et seg. By

All Plaintiffs Against All Defendants

XLVII. Conflict of Interest Violations

Pursuant to Government Code Section 8710C

et g. for Injunction By All Plaintiffs

Against All Defendants

Susan B. Nelson et al. v. CRA. et al.

Case No. C 607 295 [First Amendec Com-

plaint] CAUSES OF ACTION

le Validation Action by all Plain-

tiffs Against All Defendants

II. Violation of Plaintiffs’ Due

Process and Equal Protection Rights by

all Plaintiffs Against Agency and City

III. Injunction to Restrain Illegal

Expenditures and Waste of Public Funds

Pursuant to C.C.P. Section 526 (a) by all

Plaintiffs Against All Defendants

F-10

IV. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

Vv. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

VI. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

VII. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

VIII. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

IX. Writ of Mandate Pursuant to

C.C.P. Secticn 1085 by All Plaintiffs

Against All Defendants

X. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

F.11

Rie Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XII. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XIII. Writ of Mandate Pursuant to

C.Cc.P. Section 1085 by All Plaintiffs

Against All Defendants

XIV. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XV. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XVI. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XVII. Writ of Mandate Pursuant to

C.Cc.P. Section 1085 by All Plaintiffs

Against All Defendants

F'.12

RVisse Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XIX. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XX « Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XXI. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XXII. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XXIII. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

XXIV. Writ of Mandate Pursuant to

C.C.P. Section 1085 by All Plaintiffs

Against All Defendants

F.13

XXV. Writ of Mandate Pursuant to

C.Cc.P. Section 1085 by All Plaintiffs

Against All Defendants [DISMISSED October

21, 1987]

XXVI. Writ of Mandate Pursuant to

C.C.P. Section 1094.5 by All Plaintiffs

Against All Defendants

XXVII. Writ of Mandate Pursuant to

C.C.P. Section 526(a) by All Plaintiffs

Against All Defendants [DISMISSED October

21, 1987]

XXVIII. California Public Records Act

Order to Show Cause, Injunction, Pursuant

to Government Code Section 6250, et seq.

By All Plaintiffs Against All Defendants

XXIX. Project Area Committee Continu-

ing Violations Pursuant to Health &

Safety Code Section 33385, et seq. By All

Plaintiffs Against All Defendants

XXX. Conflict of Interest Violations

Pursuant to Government Code Section

F-14

87100, et seg. for Injunction By All

Plaintiffs Against All Defendants

XXXI. Injunction for Violation of

Ralph M. Brown Open Meeting Law, Govern-

ment Code Section 54950, et seq., By All

Plaintiffs Against All Defendants

[DISMISSED October 21, 1987]

During Trial, Plaintiffs introduced

evidence and made argument on the follow-

ing material issues among others as

disclosed by the transcripts of proceed-

ings: (1) the formation and operation of

the Project Area Committee; (2) the

preparation of reports and the Record of

Proceedings; (3) the existence of blight

in the proposed project area; (4) the

provision of notice of the Joint Public

Hearing; and (5) allegations of fraud in

the adoption process.

Trial was held for in excess of 60

court half-days. Argument over the admis-

RAR anna itn

F-15

sion of exhibits was heard over an

additional 11 Court half-days. Plaintiffs

examined 34 witnesses. A total of 33 Ex-

hibits were received into evidence, in-

cluding the 10,000 page Record of Pro-

ceedings certified by Judge Warren H.

Deering on July 6, 1987. Both sets of

Plaintiffs each submitted Trial Briefs;

Defendants jointly submitted a Trial

Brief;Plaintiff David Morgan submitted a

Reply Trial Brief. Supplemental Trial

Briefs were also submitted by both Plain-

tiffs and Defendants during the course of

Trial. In addition, both sets of Plain-

tiffs each submitted written Final Argu-

ment; Defendants submitted a joint Final

Argument. Plaintiffs also submitted sepa-

rate Reply Final Arguments. After a re-

view of all papers in support of and in

opposition to the Amended Complaints,

after hearing testimonial evidence, and

F-16

after hearing oral argument in support of

and in opposition to the Amended

Complaints, the Court rules as follows:

I. Defendants complied with all of

the mandates and requirements of the Com-

munity Redevelopment Law [Health and

Safety Code Sections 33000, et seq.] in

preparing and adopting the Redevelopment

Plan for the Hollywood Redevelopment

Project [the "Redevelopment Plan"].

A. Standard of Review: Judicial

review in these actions concerning the

preparation and adoption of the

Redevelopment Plan is limited to that of

review of legislative or quasi-legisla-

tive action and is a substantial evidence

review. Accordingly, in their decisions

and determinations, the actions of the

Defendants must be sustained unless their

decisions are “arbitrary, capricious, en-

tirely lacking in evidentiary support or

eee einai

F’.17

if [the Defendants] failed to follow the

procedure and give the notices required

by law" [Fosselman's, Inc. v. City of Al-

hambra, 178 Cal.App.3d 806, 812 (1986)].

It has also been held that such actions

must be sustained "unless there is no

reasonable justification for their

actions" [In Re Bunker Hill, 61 Cal.2d

21, 38 (1964)]. De novo type of review

does not apply to judicial review of the

preparation and adoption of a redevelop-

ment plan.

B. Defendants fully complied with

all applicable statutory procedures in

preparing and adopting the Redevelopment

Plan.

1. The Hollywood Project Area Com-

mittee (the "PAC") was properly formed.

Health and Safety Code Section 33385

provides that if a proposed redevelopment

project could result in the displacement

F-18

of a substantial number of low- and mod-

erate-income families, the legislative

body shall call for the formation of a

project area committee. A project area

committee is an advisory committee to the

Agency which must be formed and approved

as representative within 60 days of the

selection of the proposed project area.

In complying with these procedures,

the Defendants took the following ac-

tions:

ae The City adopted a resolution

calling for the formation of a PAC to in-

clude property owners, residential ten-

ants, business owners, and existing com-

munity organizations. Four community

Organizations were to be appointed to the

PAC by the Council office; the remaining

21 members of the PAC were to be elected

by the community within the proposed pro-

ject area.

a

F.-19

De The Agency provided two sepa-

rate mailings of a Notice Of Formation of

Project Area Committee, by first class

mail, to all property owners of record in

the proposed project area. The Agency

also caused approximately 25,000 circu-

lars to be distributed throughout the

proposed project area on two separate oc-

casions, in August and November, 1983. In

addition, the Agency caused a number of

newspaper articles and notices to be

published in community newspapers in the

area,concerning the formation of the PAC.

Ce The Agency conducted a total of

six community meetings from July to

November, 1983, at which meetings the

concept of redevelopment and the forma-

tion of the PAC were discussed.

d. On December 13, 1983, an elec-

tion was held for members of the commu-

nity in the Hollywood High School Audito-

EE

F.20

rium for the formation of the PAC. In ex-

cess of 250 community members attended

and participated in the formation of the

PAC. Secret ballots were passed out and

collected, liberal election qualification

requirements were verified, nominations

were accepted both by prior qualification

and from the floor, and nominees were ac-

corded an opportunity to speak. There was

no evidence that any qualified individual

was denied the opportunity to participate

in this election. The election of members

to the PAC wac reasonably and regularly

conducted.

e. A PAC consisting of four (4)

residential property owners, four (4)

residential tenants,six (6) business own-

ers or tenants, three (3) industrial or

manufacturing property owners or

operators, and four (4) community organi-

zations was selected by the community at

F.21

that election. Four (4) additional commu-

nity organizations were subsequently ap-

pointed to the PAC by the Council office.

£. On January 6, 1984, within 60

days of the selection of the project

area, the City Council approved as repre-

sentative the PAC members elected at the

community meeting of December 13, 1983

and the four members appointed by the

Council office.

The efforts of the Defendants in un-

dertaking the above-described course of

action were reasonable, complied with no-

tions of due process, were supported by

substantial evidence, and did not violate

any statutory or decisional guidelines

concerning the formation of a project

area committee. The categories of PAC

membership mentioned in the statutory

scheme are not exclusive, but serve as

guidance for a determination of represen-

F’.22

tativeness. The actions of Defendants

were reasonable and calculated to include

as many persons in the PAC formation pro-

cess as possible and practical.

Ze The operation of the PAC was

regularly and openly conducted, and the

Agency fully complied with its duty to

consult with and obtain the advice of the

PAC. The PAC or its subcommittees met in

excess of 100 times to advise and consult

with the Agency on the preparation of the

Redevelopment Plan. Actions taken were by

majority rule and minutes of the PAC

meetings were regularly prepared, re-_ ‘

viewed, approved and maintained. Copies

of approved PAC Minutes were included in

the Agency's Report to Council.

No request for funding of legal

counsel or other material or services was

made by the PAC to the legislative body,

as required by Section 33388. Evidence

F.23

established that the PAC was aware of

this provision and consciously took no

action. The Agency reasonably provided

services and materials pursuant to the :

"equivalent resources" provision of Sec-

tion 33388. There was no evidence that

any information material to the PAC's op-

eration was withheld from the PAC.

3. The actions of Defendants

leading to the preparation and adoption

of the Redevelopment Plan *ully complied

with the requirements of the Community

Redevelopment Law. All the documents re-

quired to be prepared and all the reviews

required to be undertaken were performed

and were adequately set forth in the

Record of Proceedings, which was reviewed

and upheld by Judge Deering on July 6,

1987 and accepted into evidence by this

Court on October 21, 1988. The Record of

Proceedings shows clearly what actions

F.24

were taken by Defendants in adopting the

Redevelopment Plan, and the reasons

therefor. The Record of Proceedings

Clearly shows that the Redevelopment Plan

as adopted was the product of consensus

and compromise to the needs of the commu-

nity as perceived by the persons and or-

ganizations who involved themselves in

the process, including the Hollywood PAC,

residents and business owners of the pro-

ject area, the City's Planning Depart-

ment, and the Councilperson representing

the district in which the project area is

located. Approval of the Redevelopment

Plan was not the result of duress or un-_

due pressure on the part of any person or

group. The application of City Charters

97.2 is preempted by the State Community

Redevelopment Law.

4. The Redevelopment Plan was

adopted in conformity with the General

F-25

Plan for the City of Los Angeles. The is-

sue was considered twice by the City

Planning Commission which found the Rede-

velopment Plan to be in conformance with

the General Plan. There is substantial

evidence in the Record of Proceedings

supporting the City Council's determina-

tion of conformity, pursuant to Health

and Safety Code Section 33367.

5. The actions of Defendants in

providing notice of the Joint Public

Hearing fully complied with the statutory

provisions set forth in Health and Safety

Code Section 33349, as well as notions of

due process. In addition to providing ad-

equate certified mail notice to property

owners in the project area, as estab-

lished by the Record of Proceedings, the

Defendants also caused notice of the

Joint Public Hearing to be distributed

door-to-door in the project area, and

a

——

F-26

caused the Notice of Joint Public Hearing

to be published in two community newspa-

pers. Separate certified mail notice for

each parcel or for each individual as-

sessee is not required.

Cc. The decisions and determina-

tions of Defendants in adopting the Rede-

velopment Plan, including the

determination that the project area is

blighted, are supported by substantial

evidence, contained in the Record of Pro-

ceedings. The Agency's Report to Council

consisted of 640 pages of materials, in-

Cluding 219 pages describing the existing

conditions in the project area. These

materials were made available to the pub-

lic in advance of the Joint Public Hear-

ing. Testimony in favor of and against

the adoption of the Redevelopment Plan

was heard and considered by Defendants.

The existence of objections to the Rede-

aa cee aaa

F.-27

velopment Plan did not operate to nullify

the substantial evidence presented to the

City Council indicating, inter alia, the

existence of blight within the defini-

tions of Health and Safety Code Sections

33030, et seq. Differences of opinion, no

matter how strongly presented, do not

warrant rejection of Defendants’ action,

where it has been demonstrated that De-

fendants were presented with opposing

viewpoints, considered them extensively

and on the basis of evidence selected one

alternative rather than another. Karlson

v. City of Camarillo, 100 Cal.App.3d 789,

803 (1980). In any event, even at Trial,

Plaintiffs adduced no evidence contra-

dicting the material contained in the Re-

port to Council.

II. There is no evidence to support any

of Plaintiffs' allegations of fraud

against the Agency or City. Because of

F.-28

the seriousness of allegations of fraud

against public entities and the impor-

tance of the Redevelopment Plan to the

City and County of Los Angeles, this

court has reviewed all of Plaintiffs' al-

legations of fraud under a de novo,

independent standard of review, pursuant

to the foundational requirements of City

of Fairfield v. Superior Court, 14 Cal.3d

768, 775 (1976). Plaintiffs did

participate in and were heard at the

Joint Public Hearing. There is nothing in

the Record of Proceedings and no evidence

was adduced to show that Plaintiffs made

any allegations of fraud at that time, or

that they were otherwise prevented from

making such allegations.

After carefully considering all the

evidence offered by Plaintiffs on this

issue, the Court finds no credible

evidence to support any of their fraud

een nbeeamaaa

F-29

allegations. Plaintiffs accused the

Agency of committing fraud at nearly

every step in the development of the

plan, including the preparation of the

Record of Proceedings. No evidence was

adduced which supported such allegations.

III. There is no evidence to suggest

that any violation of the Political Re-

form Act has occurred. No evidence was

adduced with respect to any conflict by

any member of the City Council or Agency

Board of Commissioners. Similarly, no

evidence was presented to support any

claim by Plaintiffs that the Hollywood

PAC, at the time of its formation or at

the time the Redevelopment Plan was

adopted, was required to but failed to

comply with any guideline or requirement

of the Political Reform Act. The opinion

of In Re Rotman, 10 FPPC Opinions 1

(1987), overturning the prior opinion of

F-30

In Re Bonfa, 2 FPPC Opinions 146 (1976),

was not issued until May, 1987, more than

one year after the Redevelopment Plan was

adopted. No probative evidence of any

conflict by any person was adduced.

IV. No evidence was presented of

any violation of the Public Records Act

by Defendants.

V. The actions of the City Council

of the City of Los Angeles, and the Board

of Directors of The Community Redevelop-

ment Agency of the City of Los Angeles,

California, in connection with the prepa-

ration and adoption of the Hollywood Re-

development Plan are therefore validated.

The Hollywood Redevelopment Plan is

therefore found and held to be valid and

effective.

Dated. APR 20 1989

BARNET M. COOOPERMAN

Judge of the Superior Court

G-1

APPENDIX G

Statutes, rules involved

U. S. Constitution Amendment I provides,

in part: Congress shall make no law...

abridging... the right of the people

peaceably to assemble, and to petition

the government for a redress of

grievances.

U. S. Constitution Amendment V provides,

in part: No person shall...be deprived of

life, liberty, or property, without due

process of law; nor shall private

property be taken for public use, without

just compensation.

U. S. Constitution Amendment XIV provides

in part: ...No State shall make or

enforce any law which shall abridge the

privileges or immunities or citizens of

the Untied States; nor shall any State

deprive any person of life, liberty, or

property, without due process of law; nor

G-2

deny to any person within its

jurisdiction the equal protection of its

laws...

California Constitution Article III, Sec-

tion 1 provides: The State of California

is an inseparable part of the United

States of America, and the United States

Constitution is the supreme law of the

land.

California Health and Safety Code ("HSC")

provides:

HSC 33032 (Amended Stats 1976 ch 1336

Sec. 3) (effective until December 31,

1984 was superseded).

HSC 33032 (Stats 1984 ch 147 Section 2,

effective after January 1, 1985 and nam-

ing elements 2B, 3, 4, numbers added in-

fra).

A blighted area is characterized by [2B]

properties which suffer form economic

dislocation, deterioration, or disuse be-

aia a

G-3

cause of one or more of the following

factors which cause [3] a reduction of,

or lack of, proper utilization of the

area to such an extent that it consti-

tutes a serious physical, social, or eco-

nomic burden on the community which [4]

cannot reasonably be expected to be re-

versed or alleviated by private enter-

prise acting alone.

(a) The subdividing and sale of lots of

irregular form and shape and inadequate

Size for proper usefulness and develop-

ment.

(b) The laying out of lots in disregard

of the contours and other topography or

physical characteristics of the ground

and surrounding conditions.

(c) The existence of inadequate public

improvements, public facilities, open

spaces and utilities which cannot be

G-4

remedied by private or governmental ac-

tion without redevelopment.

(d) A prevalence of depreciated values,

impaired investments, and social and eco-

nomic maladjustment...

HSC 33320.1. ..."predominantly urban-

ized" means that not less than 80 percent

of the privately owned property in the

project area:

(1) Has been or is developed for urban

uses; or ;

(2) Is characterized by the conditions

described in subdivisions (a), (b), or

(e) of Section 33032; or

(3) Is an integral part of an area de-

veloped for urban uses...

HSC 33321. A project area need not be

restricted to buildings, improvements, or

lands which are detrimental or inimical

to the public health, safety, or welfare,

but may consist of an area in which such

I aaa

G-5

conditions predominate and injuriously

affect the entire area...

HSC 33385. (as in effect in 1986 until

December 31, 1988). The legislative body

of a city or county shall call upon the

residents and existing community organi-

zations in a redevelopment project area,

within which a substantial number of low-

and moderate-income families are to be

displaced by the redevelopment project,

to form a project area committee. The

project area committee shall include,

when applicable, residential owner occu-

pants, residential tenants, businessmen,

and members of existing organizations

within the project area. The members of

the committee shall serve without compen-

sation.

The legislative body shall approve a

representative project area committee in

G-6

each project area within 60 days after

the project area is selected.

For project areas selected prior to

March 7, 1973, the legislative body may,

but shall not be required to, call upon

the residents and existing community or-

ganizations to form a project area com-

mittee.

If the project will not displace a

substantial number of low- and moderate-

income families the agency shall either

call upon the residents and existing com-

munity organizations to form a project

area committee or the agency shall con-

sult with, and obtain the advice of, res-

idents and community organizations as

provided for project area committees in

Section 33386 and provide such persons

and organizations with the redevelopment

plan prior to submitting it to the leg-

islative body.

G-7

Nothing contained in this section

shall prevent an agency, or the legisla-

tive body of any city or county, from

creating any other committee for a pro-

ject area.

HSC 33385. (As amended Stats 1988 ch 1404

sec. 1 effective after January 1, 1989)

CT 20185). Formation of committee; Duties

(a+ The legislative body of a city or

county shall call upon the residents and

existing community organizations in a re-

development project area, within which a

substantial number of low- and moderate-

income families are to be displaced by

the redevelopment project, to form a pro-

ject area committee.

(b) The legislative body shall, by reso-

lution, adopt a procedure pursuant to

this section for the formation of the

project area committee. The procedure

G-8

shall include, but not be limited to, all

of the following:

(1) Publicizing the opportunity to serve

on the project area committee.

(2) Conduct by the agency of a minimum

of one public meeting to explain the es-

tablishment of, functions of, and oppor-

tunity to serve on, the project area com-

mittee. At the public meeting, the agency

shall distribute copies of the procedure

adopted pursuant to this subdivision, the

redevelopment plan or the pertinent por-

tions thereof, and any other materials

the agency determines would be useful.

(3) Providing published notice of all

meetings, hearings, or plebiscites con-

ducted by, or on behalf of, the agency or

legislative body relative to the forma-

tion and selection of the project area

committee in the same manner as specified

G-9

in subdivision (a) of Section 65090 of

the Government Code.

(4) Providing written notice to all res-

idents and businesses in the project area

of all meetings, hearings, or plebiscites

conducted by, or on behalf of, the agency

or legislative body relative to the for-

mation and selection of the project area

committee. This mailed notice requirement

shall only apply when mailing addresses

to all individuals and businesses, or to

all occupants, are obtainable by the

agency at a reasonable cost. The notice

shall be mailed by first-class mail, but

may be addressed to "occupant." In lieu

of providing separate notice for each

meeting, hearing, or plebiscite, the

agency may provide a single notice pur-

Suant to this paragraph stating all

dates, times, and locations of any meet-

ings, hearings, and plebiscites relative

G-10

to the formation and selection of the

project area committee.

If the agency has acted in good faith to

comply with the notice requirements of

this paragraph, the failure of the agency

to provide the required notice to resi-

dents or businesses eaknoen to the agency

or whose addresses cannot be obtained at

a reasonable cost, shall not, in and of

itself, invalidate the formation or ac-

tions of the project area committee.

(5) Any other forms of assistance which

the legislative body requires in connec-

tion with the formation of the project

area committee.

(c) The project area committee shall in-

Clude, when applicable, residential owner

occupants, residential tenants, business

owners, and representatives of existing

organizations within the project area.

G-1ll

The members of the committee shall serve

without compensation.

(d) The legislative body shall approve a

representative project area committee in

each project area within 60 days after

the project area is selected.

(e) For project areas selected prior to

March 7, 1973, the legislative body may,

but shall not be required to, call upon

the residents and existing community or-

ganizations to form a project area com-

mittee.

‘£) If the project will not displace a

substantial number of low- and moderate-

income families the agency shall either

call upon the residents and existing com-

munity organizations as provided for pro-

ject area committees in Section 33386 and

provide such persons and organizations

with the redevelopment plan prior to sub-

mitting it to the legislative body.

G-12

(g) Nothing contained in this section

shall prevent an agency, or the legisla-

tive body of any city or county, form

creating any other committee for a pro-

ject area. However, these committees

Shall not be merged into the project area

committee subsequent to the formation

thereof and the members of these other

committees shall not vote in meetings of

the project area committee.

(h) The agency may charge fees to per-

sons purchasing or leasing property from

the agency in the project area and to

persons participating in redevelopment of

the project area under an owner partici-

pation agreement to defray any cost to

the agency or legislative body in imple-

menting this section.

HSC 33386 The redevelopment agency

through its staff, consultants, and

agency members shall, upon the direction

G-13

of and approval of the legislative body

consult with, and obtain the advice of,

the project area committee concerning

those policy matters which deal with the

planning and provision of residentail fa-

cilities or replacement housing for those

to be displaced by project activities...

Ordinance 161 202 excerpts:

Section 5. The City Council hereby finds

and determines:

(1) The project area is a blighted area,

the redevelopment of which is necessary

to effectuate the public purposes de-

Clared in the Community Redevelopment Law

of the State of California.

(6) The condemnation of real property,

as provided for in the Redevelopment Plan

for the Hollywood Redevelopment Project,

is necessary to the execution of the Re-

development Plan for the Hollywood Rede-

velopment Project and adequate provisions

G-14 o

have been made for payment for property

to be acquired as provided by law.

HUD Local Public Agency Letter No. 458.

Exhibit 108A, pages LC-56 through LC-59

(pages 123 - 126).

DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT, WASHINGTON, D. C. 20410

| June 24, 1968

OFFICE OF THE ASSISTANT SECRETARY

FOR RENEWAL AND HOUSING ASSISTANCE

LOCAL PUBLIC AGENCY LETTER NO. 458

SUBJECT: Increased Citizen Participation

in Urban Renewal Projects - The

Department of Housing and Urban Develop-

ment is expanding its program require-

ments in order to increase opportunities

for citizen involvement in the planning,

development, and execution of HUD-

assisted activities. Accordingly, LPA's

shall encourage resident involvement

G-15

in all phases of urban renewal projects

to the fullest possible extent.

This Letter requires the establish-

ment of a Project Area Committee (PAC),

made up of residents of the project area,

for all urban renewal projects which in-

volve residential rehabilitation and

which are not yet in execution. In addi-

tion, the Letter also encourages the es-

tablishment of a PAC for all other urban

renewal projects, irrespective of the re-

newal treatment involved or the project

stage.

Citizens should have clear and di-

rect access to decision-making in all

Stags of the urban renewal process in or-

der to achieve:

1. More accurate determination of

needs projects should meet and the

development of policies and programs

responsive and relevant to these needs.

G-16

2. Involvement by citizens in the

development and execution of policies and

programs in order to further their own

growth and development.

36 Firmer commitment of citizens

to projects.

This Letter explains how urban re-

newal projects are affected by this

policy and sets forth pertinent proce-

dures designed to carry out the policy.

The provisions of the Letter do not

apply to urban renewal projects in model

neighborhoods under the Model Cities Pro-

gram. In cases of urban renewal projects

in areas being planned as model neighbor-

hoods, Model Cities guidelines and per-

formance standards for citizen participa-

tion will apply.

NEW REQUIREMENTS

All Urban Renewal Projects

G-17

The Survey and Planning Application

for all urban renewal projects shall in-

clude a statement from the Workable Pro-

gram Citizens Advisory Committee on the

appropriateness of the timing and loca-

tion of the proposed project.

Urban Renewal Projects Involving Residen-

tial Rehabilitation

A Project Area Committee (PAC) shall

be established for all urban renewal pro-

jects, except those in model neighbor-

hoods, in which residential rehabilita-

tion activities are contemplated.

The PAC shall be established in co-

operation with local residents and

groups. It shall be representative of a

fair cross section of the residents of

the urban renewal area and shall adopt no

financial deterrents to membership or

participation by residents of the urban

renewal area.

G-18

The LPA shall work closely with the

PAC to assure that citizens participate

in the formulation and execution of plans

for renewal of the area and improvement

of the condition of its residents. Suffi-

cient information about the project shall

be made available to residents for these

purposes.

Where an existing neighborhood orga-

nization in the project area either meets

the requirments for a PAC or adapts it-

self to meet them, it may serve as the

PAC. Other neighborhood organizations

which may exist or be formed in the pro-

ject area shall relate to the LPA through

the PAC. The PAC shall be the forum for

these organizations to participate in the

project.

The LPA may also make arrangements

with the PAC for the PAC to assist in the

utilizations of residents in various ca-

G-19

pacities in the project such as inter-

viewers or relocation aides. Arrangements

may include the PAC selecting residents

or setting up training programs fo them.

The LPA may provide the PAC with neces-

Sary technical assistance.

Other Urban Renewal Projects

The LPA is encouraged to establish a

PAC for all other urban renewal projects,

in which residential rehabilitation ac-

tivites are not contemplated, and to sup-

port and work with such a PAC as de-

scribed above. Establishment of a PAC for

such projects is not a program re-

quirment, however.

ELIGIBLE COSTS

Eligible costs include amounts to

cover the LPA providing the PAC with nec-

essary technical assistance, administra-

tive and secretarial staff, and office

Space and equipment. Costs of arrange-

G-20

ments with the PAC in connection with the

utilization of residents in the project

area are also eligible.

Estimated costs for support of the

PAC shall be submitted with the Survey

and Planning Application and with Part I

of the Application for Loan and Grant.

APPLICABILITY

The submission requirements set forth

above apply to all urban renewal projects

which have not received approval of the

initial Part I or an Application for Loan

and Grant prior to issuance of this Let-

ter. With respect to projects for which a

Part I has been approved, the initial

Part II submission shall include the re-

quired documentation with respect to a

PAC to be established for the execution

stage of the project. The HUD Regional

Office will advise the LPA if the docu-

mentation described in this Letter is re-

G-21

quired to be submitted in connection with

a Survey and Planning Application or with

Part I or Part II or an Application for

Loan and Grant presently under review or

approved after the date of this Letter.

MANUAL REVISIONS TRANSMITTED

Section 4-2-1, Page 3. A new code

Item, R 217, requiring a Report on Citi-

zen Participation, has been added.

Section 10-2-3. A new section, Citi-

zen Participation, has been added requir-

ing the establishment of a Project Area

Committee (PAC) for projects involving

residential rehabilitation activities and

setting forth related criteria for LPA

support of the PAC. The section also de-

scribes documentation required to be sub-

mitted with the Survey and Planning Ap-

plication and with Part I of the Applica-

tion for Loan and Grant with respect to

the PAC.

G-22

Section 109-4-1, Page 3. The Report

on Urban Renewal Area, submitted with the

Survey and Planning Application, has been

expanded to add Item No. 13 covering data

about the PAC, and Item No. 14 requiring

a statement from the Workable Program

Citizens Advisory Commitee as to the tim-

ing and location of the proposed project.

Section 10-4-2, Page 4. A paragraph

("Report on Citizen Participation') has

been added describing data required to be

Submitted with Part I of the Application

for Loan and Grant to substantiate that

the Project Area Committee has been es-

tablished and that it meets the require-

ments set forth in Section 10-2-3.

Section 12-1-3, Page 1. Under the

heading "Survey and Planning and Project

Execution, "Item No. (2) has been ex-

panded to incorporate material formely

set forth under Items NO. (1) (c) and

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(1) (d), and to cover the eligibility of

costs for staff, consultant, and other

Suppoortive services to the PAC.

Section 31-2-2, Page 2. Under the

heading "Rehabilitation and Conservation

Activities," a sentence has been inserted

to cover eligible costs of supportive

services to the PAC.

s/

Assistant Secretary

Attachements

H-1

APPENDIX H

How federal question 1) of failing to no-

tify the residents was raised in state

courts

Morgan First Amended Verified Com-

plaint, filed April 20, 1988, CT 17494 at

17535. EIGHTEENTH/FIRST CAUSE OF ACTION.

A. Project Area Committee Violations...

(ii) Agency managerial employees Donald

W. Cosgrove, Donald Pelegrino, David

Lewis and others in mutual agreement and

conspiracy with one another avoided the

requirements for the call of Health and

Safety Cod Section 33385 by stating to

the Los Angeles City Council that such a

call would be made and then with knowl-

edge of the requirement for the call

failing to send notices to the residents,

businesses and existing community organi-

zations within the proposed Project Area

as required by Section 33385 and by Los

H-2

Angeles City Council Resolution 83-1273

by, inter alia: (a) electing to employ a

flier distribution company to satisfy the

requirements of Health and Safety Code

Sec. 33385 and Los Angeles City Council

Resolution 83-1273 rather than using

direct mail to persons throughout the

proposed Project Area, with prior know-

ledge that such flier distribution com-

panies, and in particular Certified Dis-

tributing Service, had failed to deliver

all requisite notices in the past causing

numerous complaints about lack of notifi-

cation from community members in other

redevelopment projects; (b) constructing

deceptive wording of the purported no-

tices, with knowledge from prior experi-

ence that the wording was decep-tive,

which had the intended effect of not

fully informing residents and community

members and the intended effect of affir-

H-3

matively misleading residents and commu-

nity members such that the purposed no-

tices did not constitute a "call" within

the meaning of Section 33385;... CT

17602. NINETEENTH/SECOND CAUSE OF ACTION.

Violation of Plaintiff's Due Process and

Equal Protection Rights by All Plaintiffs

Against Agency and City.... By failing to

call upon the residents to form a Project

Area Committee,... by failing to mail re-

quired notices,...

See Petition for Review in California

Supreme Court filed June 25, 1991 by

David Morgan, page 3, Issues presented.

4) Did 1983 PAC and 1986 hearing notices

fail to meet requirements of actual not-

ice and warning or rights to be infringed

(Am I, V, XIV)? DO OVER 30,000 TENANTS

GET DUE PROCESS NOTICE OF PAC FORMATION

SO THEY CAN USE THE PAC TO DEFEND THEM-

SELVES FROM RELOCATION OR DO AMENDMENTS

H-4

I, V AND U. S. SUPREME COURT DECISIONS

NOT APPLY?

See Appendix P herein, Notice to Resi-

dents; See Appendix S herein, Declaration

of David Morgan Re: 1983 PAC Election

Notice and Residential Unit Survey by

Plaintiffs of September 22, 1988

("Survey"), with list of evidence.

I-1

APPENDIX I

How federal question 2) of diluting vot-

ing rights of residents was raised in

state courts

Morgan First Amended Verified Com-

plaint, filed April 20, 1988, CT 17494 at

17516. ELEVENTH CAUSE OF ACTION. Failure

to Organize a Project Area Committee To

Fairly Represent the Community as an In-

dependent Public Body. Defendants did

not call upon the residents and existing

community organizations to form the pro-

ject area committee. Some members of the

project area committee were appointed.

The committee did not adequately repre-

sent residential owner occupants, resi-

dential tenants and members of existing

organizations within the project area.

Low and moderate income families were not

adequately represented on the Project

Area Committee. Sixteen of twenty-five

[-2

members of the PAC were businessmen, many

of whom had conflicts of interest. CT

17538 EIGHTEENTH/FIRST CAUSE OF ACTION.

[Defendants] manipulated the categories

of membership on the Project Area Commit-

tee for the 1983, 1985 and 1986 Committee

elections in a way which controlled the

composition of the Committee and excluded

persons who would otherwise be opposed to

or critical of the proposed redevelopment

project in Hollywood and did so with

knowledge that their actions would have

these effects; such manipulation in-

cluded, inter alia; (a) unilaterally fix-

ing the number of seats in each candidate

category; (b) unilaterally creating an

illegal category of "absentee property

owner" and then combining this candidate

category with the "residential owner-oc-

cupant" category mandated by Health and

Safety Code Section 33385 with the in-

[.3

tended effect of allowing absentee prop-

erty owners to take Committee seats form

residential owner-occupants in violation

of Section 33385; unilaterally creating

an illegal category of "industrial/

manufacturing/warehousing" as a separate

category in addition to the "business"

category mandated by Section 33385 with

the intended effect of allowing busines-

ses, in particular, members of the

Hollywood Chamber of Commerce, which made

the initial request to have the Community

Redevelopment Agency create a project

area in Hollywood and which advanced the

Community Redevelopment Agency $ 150,000

for an initial study, to acquire a

disproportionately large dominant number

of seats on the Project Area Commit-

tee;... allowing businesses, absentee

property owners and others favoring the

Project to acquire a disproportionately

I-4

large number of seats thereby excluding

residents and persons opposed to the Pro-

ject; and this conspiracy is reflected in

memoranda and other writings between con-

Spirators;.. (viii)...(b) by unilaterally

deciding to limit to one vote each resi-

dential household with the intended ef-

fect of disenfranchising thousands of

residents and skewing the qualified voter

list in favor of businesses and specifi-

cally in favor of the co-conspirator mem-

bers of the Hollywood Chamber of Commerce

tee CT 17602. NINETEENTH/SECOND CAUSE OF

ACTION. Violation of Plaintiff's Due

Process and Equal Protection Rights by

All Plaintiffs Against Agency and City.

122/19. By failing to call upon the res-

idents of the Project Area to form a Pro-

ject Area Committee, by failing to honor

the Project Area Committee represen-

tativeness requirements, by engaging in

ll I i lea

I-5

widespread fraudulent, collusive and cor-

rupt actions, with knowledge of the false

and corrupt nature of such actions, by

failing to mail the required notices, and

by failing to follow statutory procedures

with respect to consideration of the re-

development Plan thereto by a representa-

tive Project Area Committee, plaintiffs

and other interested persons were denied

notice of their right to representation

through a Project Area Committee, were

denied their right to influence decision-

making through a duly-constituted Project

Area Committee, and were denied their

right to require a 2/3 vote of the City

Council to enact Ordinance No. 161,202.

See Petition for Review in California

Supreme Court filed June 25, 1991 by

David Morgan, page 3, Issues presented.

5) Were residents and organizations de-

nied protection form CRA via self-form-

I-6

ing PAC and fair voting (Am I, HSC Sec-

tion 33385)? ARE THE RESIDENTS THREATENED

WITH LOSS OF HOMES AND TENANCIES ENTITLED

TO FORM A PAC TOTALLY INDEPENDENT OF

THEIR ADVERSARIES, THE CRA AND CITY, OR

CAN THE CONDEMNORS RIG THE NUMBER IN SEAT

CATEGORIES, APPOINT MEMBERS, ADD BUSI-

NESSES TO THE ELECTORATE, AND PREVENT

RESIDENTS FROM VOTING FOR ALL CLASSES OF

SEATS? 6) Did CRA/City prevent PAC from

full and fair hearings, acting as inde-

pendent body and arms length bargaining

(Am I, V, HSC Section 33366)? MAY CRA

CONCEAL THE PAC VETO POWER, SLIP IN THE

CRA ATTORNEY TO REPRESENT THE PAC ALSO

AND GIVE FALSE LEGAL ADVICE, DOCTOR THE

MINUTES, OBSTRUCT THE PUBLIC FROM SPEAK-

ING AND SUBVERT THE ENTIRE INTENT OP PAC

LAW?

See Appendix N herein. Memorandum of

Points and Authorities on Legislative In-

I-7

tent of Health and Safety Code Section

33385, Project Area Committees, June 20,

1988, by David Morgan, CT 17908.

See Appendix O herein. Plaintiff's Memo-

randum Re Statutory History of Health and

Safety Code Section 33385 et al, Project

Area Committees, June 20, 1988, by

Christopher Sutton, CT 17889.

See Appendix Q herein. City Council mo-

tion to form PAC, November 18, 1983.

See Appendix R herein. City Council reso-

lution to approve PAC, January 6, 1984.

J-1

APPENDIX J

How federal question 3) of taking eminent

domain powers over predominantly non-

blighted areas was raised in state courts

Morgan First Amended Verified Com-

plaint, filed April 20, 1988, CT 17494 at

CT 17496, FIRST CAUSE OF ACTION, Finding

of Blight not Supported by the Evidence.

CT 17500, Paragraph 17, The project area

defined by the redevelopment plan which

is the subject of this action is not

predominated by any of the elements of

"blight" as set forth in Health and Safe-

ty Code Sections 33030 through 33032, nor

is any substantial portion of such area

so characterized or predominated. The

project area, in fact, does not exhibit a

preponderance of deteriorating structures

wherein the inhabitants of the area are

subjected to physical dangers or health

hazards. CT 17502 SECOND CAUSE OF ACTION,

J-2

Illegal Inclusion of Non-Blighted Proper-

ty Within the Project Area. CT 17511

EIGHTH CAUSE OF ACTION. Lack of Substan-

tial Evidence to Support Finding that

Private Enterprise Acting Alone Would Not

Develop the Area. CT 17531 EIGHTEENTH/

FIRST CAUSE OF ACTION. Validation Action

by All Plaintiffs Against All Defendants.

CT 17582. i. Inadequate Public Use/Blight

Findings and Violations. CT 17584. J. The

Requisite Blight Finding was Insupport-

able. CT 17585. K. Failure to Make

Specific Blight Findings. CT 17585 L.

Inadequate Eminent Domain Findings and

Violations. There was no evidence of

proposed developments for the Project

Area requiring the use of eminent domain

for parcel assembledge... There was no

evidence of blight in the record to

justify a public-purpose required for

eminent domain by California Constituion

J-3

Article I, section 19, and U. S. Consti-

tution Amendments 5 and 14... CT 17593.

R. Violations of the 80% "Predominantly

Urbanized" Independent Blight Threshold

--. defendants City and Agency failed to

make a finding ... that 80% (eighty

percent) of the private property in the

Project Area is specifically character-

ized by the blight conditions of section

33032 (a) and (b)... CT 17612. TWENTY-

EIGHTH/ELEVENTH CAUSE OF ACTION. Inade-

quate blight findings in 4 sub-parts. CT

17613. TWENTY-NINTH/TWELFTH CAUSE OF

ACTION. Inadequate blight findings. CT

17614. THIRTIETH/THIRTEENTH CAUSE OF

ACTION. Inadequate eminent domain find-

ings. CT 17615. THIRTY-SECOND/FIFTEENTH

CAUSE OF ACTION. Inadequate private

enterprise paralysis findings. CT 17618.

THIRTY-SIXTH/ NINETEENTH CAUSE OF ACTION.

80 % of private property not "blighted."

es

J-4

CT 17619. THIRTY-SEVENTH/TWENTIETH CAUSE

OF ACTION. Conclusive presumption uncon-

Sstitutional and violates due process,

equal protection and property rights.

See Petition for Review in California

Supreme Court filed June 25, 1991 by

David Morgan, page 3, Issues presented.

2) Has right to employment, work and

business been infringed by adoption of

false private sector Paralysis and no

fiscal detriment findings (Am Vv, XIV, HSC

Sections 33030, 33032)? 3) Did CRA/City

infringe rights to property by failing to

meet seven strict "blight" requirements

(Am V, HSC Sections 33030, 33032)? IS THE

40 YEAR OLD STATUTORY AND CASE LAW MANDA-

TORY PREREQUISITE OP 51 % TO 80 % DANGER-

OUS OR SUBSTANTIALLY DETERIORATED BUILD-

INGS NOW OVERRULED SO 3 ¢ TO 7 % IS

ENOUGH? See Appendix L herein.

K-1

APPENDIX K

Quotations of authorities on condemnation

for private uses. See Reply Brief of

Appellant Morgan, Mar. 18, 1991, 2 - 15.

A. THE TIME OF MOSES

"Thou shalt not covet thy neighbor's

house, thou shalt not covet thy neigh-

bor's wife, nor his manservant, nor his

maidservant, nor his ox, nor his ass, nor

any thing that is thy neighbor's."

(Exodus, 20:17 (ca. 1500 B. C.).

B. ROMAN TIMES

"And it is not pretended that, even

under the arbitrary government of the

Roman emperors, it was lawful or

justifiable for the sovereign to take the

property of one citizen and give it to

another, where the public interest was

not concerned in such transfer." (1

Domant's Civil Law, b. be Gees: 2s 13).

K-2

(Varick v. Smith and the Attorney

General, 5 Paige 137, 159 (N. Y. 1835).

C. THE TIME OF MAGNA CARTA

31. Neither we nor our bailiffs

shall take another's wood for castles or

for other private uses, unless by the

will of him to whom the wood belongs

(Magna Carta, Ch. 31, 1215 A. D.).

"Law of the Land" refers to Magna

Carta (Ch. 39 (a. k. a. Ch. 29), 52, 56).

Private use disseizure of land was termi-

nated after 17 years: "The constitution

of 1777 did not delegate any authority to

the legislature to take the property of

One person and give it to another, with

or without compensation...The words "by

the law of the land," have been held to

mean by due course and process of law."

(Taylor v. Porter, 4 Hill 140.). They do

not mean, a statute passed for the

purpose of working the wrong. (Ibid. 145)

K.3

Justice Bronson, in the above case, holds

that the section was taken, with some

modifications, from a part of the 29th

Chapter of Magna Charta, which provides,

that no freeman shall be taken or

imprisoned, or be disseized of his

freehold, but by the lawful judgment of

his peers, or by the law of the land. (2

Story on Const. 661, { 1783.) (Embury v.

J. and W. C . Conner, 4 N. Y. Super.

Court 98, 106 (4 Sandford) 1848) (See

also 3 N. Y. 511 (1850) emphasis added).

See: Nesbitt v. Trumbo, 39 Ill. 110,

113, 117 (1866).

D. THE TIME OF THE AMERICAN REVOLUTION

That they are entitled to life, lib-

erty, and property, and they have never

ceded to any sovereign power whatever, a

right to dispose of either without their

consent. (Declaration of Rights, In

Congress at Philadelphia, Oct. 14, 1774).

K-4

See: Associates of the Jersey Co. v.

Mayor and Common Council of Jersey City

and John C. Morgan, 8 N. J. Eq. (4

Halst.) 715, 722 (1850); Daniel J. Hoye

Vv. James Swan, 5 Md. 237, 244 1853);

Dickey v. Tennison, 27 Mo. 373, 374, 376

(1858); Moore v. Smaw, 17 C 199, 218-9

(1861); Dunham and Beach v. Williams and

Parker, 36 Barbour 136, 163 (N. Y. 1862);

(Bennett v. Boyle, 40 Barbour (N. Y.)

551, 555 (1863); Coster v. The Tide Water

Co., 18 N. J. Eq. (3 C. E. Green) 54, 68

(1866); Memphis Freight Co. v. Mayor and

Aldermen of Memphis, 44 Tenn. 419, 428 (4

Coldwell) (1867) Sherman v. Buick, 32 C

241, 242 (1867).

"And it seems to us that the

assertion of a right on the part of the

legislature to take the property of one

citizen and transfer it to another, even

for a full compensation, where the public

K-5

interest is not promoted thereby, is

Claiming a despotic power, and one

inconsistent with every just principle

and fundamental maxim of a free

government. (Osborn v. Hart, 24 Wis. 89,

93 (1869) emphasis added).

See: (Loughbridge v. Harris, 42 Ga.

500, 504, 505 (1871); New Central Coal

Co. and Alexander Shaw v. George's Creek

Coal and Iron Co., 37 Md. 537, 551

(1872); Joshua Allen v. Inhabitants of

Jay, 60 Me. 124, 139, 142 (1872); (Con.

Channel Co. v. CPRR Co., 51 C 269, 727-3

(1876); Edgewood RR Co's. Appeal, 79 Pa.

St. 257 (29 P. E. Smith) (1876);

(Moulton v. Parks, 64 C 166, 183 (1883);

Mc Quillen v. Hatton, 42 Ohio St. 202,

204, 205 (1884); Eureka Basin Co. 96 N.

Y. 42, 48, 49 (1884); (Nickey v. Stearns

Rancho Co., 126 C 150, 153 (1899); (In Re

K-6

Opinion of the Justices, 98 NE 611, 614;

211 Mass 624 (1912)).

E. TWENTIETH CENTURY GERMANY

"3. The judge has no right to

scrutinize decisions made by the Fuhrer

and issued in the form of a law or

decree. The judge is also bound by any

other decisions of the Fuhrer which

Clearly express the intention of

establishing law." (Jan. 14, 1936

directive to judges, Pridham, Geoffrey,

ed., Documents on Nazism, 1919-1945,

Viking Press, N. Y., 1945, at 273.

F. JAPANESE-AMERICAN RELOCATIONS

"SO sweeping is the panel majority's

new rule, the executive branch may remove

American citizens from their homes and

impound them in camps, solely on the

grounds of race, and courts will not in-

terfere, no matter what facts are shown.

(Hohri, 793 F. 2d 305).

K-7

G. POSTWAR RELOCATIONS

"It is inconceivable that any one

would seriously contend that the acquisi-

tion of real estate for the declared pur-

poses set forth in the proposed Redevel-

opment Plan is for a public use or pur-

pose." (Adams v. Housing Authority of

Daytona Beach et al, 60 So. 2d 663, 668-9

(1952). See: Housing Authority of City

of Atlanta et al v. Johnson et al, 74S.

E. 2d 891, 893-4 (1953); City and County

of San Francisco v. Ross, 44 Cal. 2d 52,

59; 279 Pac. 2d 529 (1955); People ex rel

Department of Public Works v. Lagiss, 223

CA2d 23, 41; 35 CR 554 (1963)).

STON th rrasamnedane tee

L-1

APPENDIX L

Declaration of David Morgan on Conditions

of Buildings, Exhibit 110. October 18,

1988, CT 20904, extract

DECLARATIONS OF DAVID MORGAN, PATRICIA

MORLEY, AND DOROTHY HALPER RE; PARCELS

ALLEGEDLY "BLIGHTED" ACCORDING TO EX-

HIBITS 43, 44, TRANSFER SHEETS

DECLARATION OF DAVID MORGAN, October 14,

1988, text omitted ***

DECLARATION OF PATRICIA MORLEY, October

14, 1988, text omitted ***

DECLARATION OF DOROTHY HALPER, October

14, 1988, text omitted ***

CT 20915 - 20945, extract

COMPILATION OF DATA FROM TRANSFER SHEETS

OF HOLLYWOOD LAND USE DATABASE ("LUDB")

Re: Parcels alleged blighted

There were about 2920 parcels in the

project area, as of late 1983 - early

1984, (CAR page 2813).

L-2

There are about 3424 primary struc-

tures in the project area. (CAR page

1992).

According to Baseline Market Assess-

ment parcels with buildings in the cate-

gories of substantial deterioration

("SD"), heavy rehabilitation ("RH") and

moderate rehabilitation ("RM") are al-

leged "blighted." ”

(CAR page 2870).

Parcels in the SD, RH and RM cate-

gories have been listed at pages A - xX,

herein. Dividing 695 by 2920 (the number

of parcels in the project area) yields

23.80 % of the parcels with buildings al-

legedly blighted in all categories.

Some 169 parcels have buildings in

the categories of heavy rehabilitation

and substantial deterioration. Dividing

169 by 2920 (the number of parcels in the

project area) yields 5.78 % of the

L-3

parcels with buildings allegedly blighted

in these categories.

The Project Area contains 1100 acres

or 47,960,000 square feet. According to

the sums of the areas of parcels on pages

A - X there are 214,850 square feet of

parcels with the worst condition of a

building substantially deteriorated or

0.45 % of the project area, 1,374,463

Square feet of parcels with the worst

condition of a building heavy rehabilita-

tion or 2.87 % of the project area and

4,990,414 square feet of parcels with the

worst condition of a building moderate

rehabilitation or 10.41 % of the project

area.

The total area of parcels with the

worst building condition substantially

deteriorated, heavy rehabilitation or

moderate rehabilitation is 6,579,727

L-4

Square feet or 13.72 % of the project

area.

The total area of parcels with the

worst building condition substantially

deteriorated or heavy rehabilitation is

1,589,313 square feet or 3.31 % of the

project area.

ABBREVIATIONS USED IN TABLES

Page is the page number in the hand-

written Transfer Sheets, Ex 43 and 44.

Prefix A refers to Ex 43 and B to Ex 44.

Area is the size of the parcel in square

feet.

For convenience REF refers to the

page number from LUDB, ex 73-75. #

refers to the number of the entry on the

LUDB page, which have 10 entries per

page.

Building conditions are shown as

follows:

L.5

Designation Abbreviation

Sound S

Deferred Maintenance DM

Moderate Rehabilitation MR

Extensive Rehabilitation,

Heavy Rehabilitation RH

Substantially Deteriorated SD

Public Improvement Deficiencies

("PUBIMPRV") are designated (Exhibit 33

B, page 1-25, CAR page 2008):

Designation Abbreviation

Curbs and Gutters CG

Driveway Aprons DA

Street Lighting LI

Sidewalks SI

Street surfaces, trees,

maintenance, alleys ST

For comparison blight claimed by

LUDB is marked Y for yes and N for no but

these designations do not appear as such

I

L-6

in Ex 43 and 44. "LOT" means a vacant

lot.

Parcel # is Los Angeles County As-

sessor's parcel number.

DUP BLDGS means duplicate buildings

where more than one building is on a par-

cel.

(Pages A —- X omitted ***)

OTHER DATA SUMMARIZED

On page Y there are reproduced the summa-

tions of the columns from pages A - xX.

L.7

PAGE Y

TOTALS FROM PAGES A - xX

TOTALS BY COUNTS OF BUILDINGS

PG S DM RM RH SD_ PUB LOT

IMPRV ONLY

| A 3 15 28 4 21

i

| B 3 5 23 16 2 6

| c 11 " 17. 13 31

| D 4 7 24 15 17

| E 4 5 21 17 2 15 1

| F 5 10 26 4 25 4

G 3 5 37 4 13 1

H 4 4 28 11 2 11

| I 4 5 39 ss 11

J 2 30 16 1 - 1

K 1 39 : 2 9

‘ 1 $6 a2 8

M 4 a. Wika 6 1

N r a 23 2 3 26 3

O 3 4 26 «117 3 1

P 2 - 37 3 11

Q 1 4 i 4a 7 1

R 3 3 31 9 12

S 5 5 37 3 24

T : 9 25 6 2 20

| U 4 2 22 16 2 9 4

| V 1 5 33 8 1 14 1

W 4 4 32 9 14

x 2 35 12 «1 7

TOTALS

86 130 714 220 25 324 19

L-8

PAGE Z

TOTALS FROM PAGES A - xX

TOTALS BY COUNTS OF PARCELS

PG AREA # PARCELS

RM+RH+SD WITH BLDG

PARCELS CONDITION

(sq. ft.) GIVEN

S DM RM RH SD

A 162,695 38 3 9 23 3

B 296,995 37 3 2 19 10 2

Cc 156,004 33 8 7 ka 4

D 352,863 42 3 6 20 13

E 199,455 42 4 4 20 + 2

F 118,627 38 5 3 19 2

G 374,828 44 2 4 32 4

H 244,926 39 4 4 24 3 2

I 226,324 29 2 5 18 1 3

J 329,932 39 2 23 11 1

K 514,093 36 1 6 26 1 2

L 588,607 40 1 28 9 2

M 360,536 44 3 27 11

N 141,242 43 ee © i? 2 1

O 241,526 35 3 4 12 10

P 190,850 Lh 2 7 24 3

Q 289,875 43 1 3 28 9

R 211,298 37 2 2 20 8

S 184,512 25 3 4 16 3

T 273,011 41 7 8 21 4 2

U 214,871 38 4 2 19 4 2

V 283,250 43 1 2 2S 7 1

W 380,866 37 3 4 21 9

x 242,541 34 1 2$ 7 1

TOTALS

6,579,727 912 7%©6COAQ0 ) «=6S26.~6 «6146 +=~ 23

M-1

APPENDIX M

Quotations and Citations of authorities

on health and mortality effects of relo-

cation. (See Appellate Opening Brief 6-

18, sources reproduced in appeal

appendix, "Ap")." It is a matter of

common knowledge, and hence of judicial

notice, that highway construction (such

as the Hollywood Freeway), and redevel-

Opment (such as that on Bunker Hill, Los

Angeles) resulted in the displacement of

thousands of persons... Eminent domain

awards, depJeted by costs of moving and

relocation, were insufficient... A

natural disaster, perhaps, could not have

created more personal havoc." (Parking

Authority v. Nicovich, 32 CA3d 420, 427,

108 CR 137 (1973) emphasis added).

.---federal urban renewal program has

actually made it more difficult for low-

income and middle-income groups to obtain

aa la lie

M-2

housing...by destroying much more of this

kind of housing than it has created...

Approximately two thirds of the people

who are forced out of their homes are Ne-

groes, Puerto Ricans, or ... minority...

privately referred to as the "Negro re-

moval” program...B y March of 1963 over

609,000 people had been forced to pack

their belongings and leave their homes...

(A Massachusetts Institute of Technology

and Harvard University study, Anderson,

Martin, The Federal Bulldozer, The

Massachusetts Institute of Technology,

Cambridge, Massachusetts (1964) (Ap5998,

6009-6010, emphasis added).

San Francisco Yerba Buena redevelop-

ment (extreme stresses on 4000 residents,

mostly lower income and elderly, being

displaced), in two books by Prof. Chester

Hartman. (Yerba Buena, Land Grab and Com-

munity Resistance in San Francisco,

M.3

Ap6474) and The Transformation of San

Francisco, Ap 6599). (Forced displace-

ments for high rise offices, luxury

developments and convention center)

(Chronology, Ap6491, 6605). See: Hartman,

Chester, Relocation: Illusory Promises

and No Relief, Virginia Law Review, 57

(5), 745 (1971) (Ap6436); Hartman,

Chester, The Housing of Relocated Fami-

lies, J. of Amer. Inst. of Planners, 30

(4), 266 (1964) (Ap6413); Hartman,

Chester, The Transformation of San Fran-

Cisco, Rowman and Allanheld,San Fran-

cisco, (1984) (Ap6599); Hartman, Chester,

Yerba Buena, Land Grab and Community Re-

sistance in San Francisco, Glide Publica-

tions for the National Housing and

Economic Development Law Project, Earl

Warren Legal Institute, University of

California, Berkeley, (1974) (Ap6474).

M.-4

Public demolition of 2.38 million units

showed much higher housing costs most

adverse to poorer (Hartman, supra,

Ap6413, 6436).

3. .--88.6 percent of the individu-

als had experienced some level of grief

which was associated with having to move.

Four years later, 57.3 percent of the in-

dividuals are still experiencing some

level of grief. (Hawkins, Homer, Knowl-

edge of the Social and Emotional Implica-

tions of Urban Renewal and the Utility of

this Knowledge to the Practice of Social

Work, Michigan State Univ. Ph. D. Thesis,

(1971), Ap6609).

Even when patients were kindly moved

to new ward after fire death rate rose

from 7.5 % to 20 3%. (Aleksandrowicz, Dov

R., M. D., Fire and its Aftermath on a

Geriatric Ward, Bulletin of the Menninger

Clinic, 25 (1) 23 (Jan. 1961) Ap5991).

M-5

When home for chronically disabled

was Closed for administrative reasons and

its residents relocated anticipated mor-

tality for all ages was 19 % but actual

mortality was 32 % (Aldrich and Mendkoff,

Ap5977). See Aldrich, C. Knight,

Personality Factors and Mortality in the

Relocation of the Aged, The

Gerontologist, 4, 92 (1964) Ap5989)). See

also: Aldrich, C. Knight, M. D. and Ethel

Mendkoff, M. A., Relocation of the Aged

and Disabled: A Mortality Study, Journal

of the American Geriatrics Society, 11

(3), 185, 188 (March 1963), Ap5977)

Stockton patients over 60 had mor-

tality (Killian, Eldon C., Effect of

Geriatric Transfers on Mortality Rates,

Social Work, 15, 19-26, (January

1970) (Ap6636):

79 RELOCATED 65 RELOCATED TO

TO STATE EXTRA~MURAL

HOSPITALS HOMES

M-6

% DEATHS WITHIN

4 MONTHS

CONTROL,

not relocated Leas. % 1.54 %

EXPERIMENTAL,

relocated 6.33 % i3.85 $%

Mrs. A. C. Hagen testified on Dis-

trict of Columbia: "Urban renewal is a

traumatic experience for people involved

in it. Loss of home, neighbors, money,

months of sleepless nights of worry are

the common lot... In a small area near

12th and Independence-8 or so square

blocks-we know of 11 deaths since this

program began, 4 cases of mental illness,

2 strokes, 2 college dropouts, 3 families

broken, tension, allergies, numerous

hospitalizations, mounting medical

expense, and nearly everyone feeling

upset or unwell... it is possible to say

that many health problems were aggravated

by renewal problems." (Hagen, Hagen, Mrs.

A. C., Columbia Plaza Public Hearing, May

M-7

24, 1960; Congressional Record, 106 (11),

14580 (June 27, 1960)Ap7252, emphasis

added).

The relocation major life event,

"moving house," is a skeaenen. Stress

yields organic disease Susceptibility:

cardio-vascular disease, infectious dis-

eases, cancers (Graham, Neil M. H., Univ.

of Adeiaide, Psychological Stress as a

Public Health Problem: How Much do we

Know?, Community Health Studies, 12 (2)

151 (1988) Ap6403).

U. S. Senate testimony of Robert M.

Angier (Ap4405): One item not appearing

in the leaflet is the provable fact that

several deaths must be blamed squarely

upon the machinations and persecutions of

our local Los Angeles Community

Redevelopment Agency (Ap7307, supra,

emphasis added).

M-8

Bryton and Ella Barron wrote a book

(The Inhumanity of Urban Renewal, 1965,

Crestwood Books, Box 301, Springfield,

Virginia, Ap 5174) summarizing re-

development health dangers.

Relocation effects on small business

persons duplicate effects on residents

plus much job loss and business mor-

tality. Redevelopment in 21 projects in

14 American cities led to 756 of 2949

firms ddecontinusd, 25.6 % (Kinnard,

William N., Jr., and Malinowski, Zenon

S., The Impact of Dislocation from Urban

Renewal Areas on Small Business, Univer-

Sity of Connecticut, Storrs, Conn. (July

1960), Ap6644 at 6695-6704). 1/3 of

displaced Providence businesses closed,

86.1 % of owners had lower income

(Zimmer, Basil G., Brown Univ.,

Rebuilding Cities, the Effect of

Displacement and Relocation on Small

M-9

Business, Quadrangle Books, Chicago,

(1964)Ap7366).

«--Over 60,000 small businesses have

been dislocated by over 1,000 urban re-

newal projects in more than 500 citinc.

Of the businesses dislocated, close to

20,000 went out of business upon dis-

placement, a liquidation rate of thirty-

three per cent (Berry, Brian J. L, Par-

sons, Sandra J., and Platt, Rutherford

H., The Impact of Urban Renewal on Small

Business, Center for Urban Studies, The

University of Chicago, Chicago (1968)

Ap6145). Hyde Park A, B and Kenwood rede-

velopment projects in Chicago displaced

641 businesses, 207 (31 %) closed when

dislocated and 201 (30 $) briefly re-

opened but closed by end of 1966

| (Ap6191).

N-1

APPENDIX N

Memorandum of Points and Authorities on

Legislative Intent of Health and Safety

Code Section 33385, Project Area Commit-

tees, Filed June 20, 1988, by David Mor-

gan, L. A. S. C. C 607 002, (Clerk's

Transcript ("CT") 17908. This memorandum

Summarizes and quotes the various

proposed and adopted versions of HSC

33385 from 1968 onwards. See also the

1500 pages of Legislative History in

Exhibit 108.

O-1

APPENDIX O

Plaintiff's Memorandum Re Statutory His-

tory of Health and Safety Code Section

33385 et al, Project Area Committees,

June 20, 1988, by Christopher Sutton, CT

17889. "Voting rights of classes of per-

sons can be unconstitutionally impacted

by the application of an otherwise valid

scheme. Carrington v. Rash 380 U.S. 89,

at 94, 13 L.Ed.2d 675, at 679, S. Ct.

(19 ): "'Fencing out' from the franchise

a sector of the population because of the

way it may vote is constitutionally im-

permissible." [Emphasis added]. The

rights of the low-income, transient,

alien, non-English speaking persons were

adversely affected by allowing the busi-

nesses and absentee owners to vote for

and hold a majority of seats on the Hol-

lywood PAC. Collier v. Menzel i176 Cal.

App. 3d 24, 221 Cal. Rptr. 110 (1985)....

a iaiiaieeeta eerie

O.-2

The Citizens [Against Forced Annexation

v. Local Agency Formation Commission 32

Cal. 3d 816, 187 Cal. Rptr. 423, 654 P.2d

193 (1982)]} case shows why the limitation

to residents is not irrational as defen-

dants contend. It is to protect a weaker

Class of persons during the redevelopment

adoption process. The very purpose of the

PAC's existence (protection of residents)

calls for only those impacted to form the

committee. Such limitations are constitu-

tionally permissible Sayler Land Co. v.

Tulare Lake Basin Water Storage District

410 U.S. 719, 35 L.Ed.2d 659, 93 S.CT

1224 (1973). As applied to the facts in

Hollywood the process used by the agency

was both a violation of the statute and a

violation of due process and equal pro-

tection of the law."

P.1

APPENDIX P

Notice to residents, November 1983.

(Exhibit 117, at Exhibit 5, page 36)

Hollywood Redevelopment Advisory

Committee to be Elected

Notice of two community meetings to form

a Project Area Committee

Wednesday, November 30, 1983 - 6:30 p.m.

Tuesday, December 13, 1983 - 6:30 p.m.

To: Residents, Business Owners, Property

Owners and Community Organizations

There will be two community meetings held

at the Hollywood High School auditorium.

The first meeting will be held to discuss

the formation of the Project Area Commit-

tee (PAC) and to answer any general ques-

tions regarding the redevelopment plan-

ning process. The first information meet-

ing will be held on Wednesday, November

30, 1983 - 6:30 p.m. The second meeting

to elect the PAC members will be held on

P.2

Tuesday, December 13, 1983 - 6:30 p.m.

The doors will open for registration at

6:00 p.m. Hollywood High School is lo-

cated on 1521 North Highland and there is

limited parking off Highland. We urge you

to attend these important meetings. The

PAC is an advisory group whose members

are elected by the community at a public

meeting. PAC membership is composed of

resident owner occupants, tenants, prop-

erty owners, business owners and repre-

sentatives from existing Organizations

which serve the community. The responsi-

bility of the PAC is to serve as a formal

means through which the community can

participate by advising the CRA on mat-

ters which affect the area. The CRA will

consult with and obtain the advice of the

PAC during the preparation of the pro-

posed redevelopment plan, and if the plan

is approved by the City Council and CRA,

P.3

during implementation of the redevelop-

ment project. You are eligible to vote

the night of the election if you are lo-

cated within the boundaries outlined in

the attached map; are at least 18 years

of age and you are in one of the above

designated categories. You should bring

proper identification with you to this

meeting, such as a valid driver's license

or current identification card, proof of.

property ownership, business ownerships,

rent receipt, business license, or other

forms of acceptable proof to qualify you

to vote. Please attend these meetings so

that you may elect your representatives

on the Project Area Committee. If you

have any question regarding the informa-

tion meeting and/or the public election

meeting or whether you qualify as a menm-

ber of the PAC, please contact the Commu-

nity Redevelopment Agency at 977-1631

P 4

daily between 8:30 a.m. to 4:30 p.m. We

will be glad to assist you and answer

your questions.

s/ E Helfeld

Edward Helfeld, Administrator

Attachment-1

These meetings are neither sponsored nor

are they in any way connected with the

Los Angels City School District. The Com-

munity Redevelopment Agency of the City

of Los Angeles, California.

Q-1

APPENDIX Q

City Council motion to form PAC,, Novem-

ber 18, 1983. (Exhibit 117 at Exhibit 4,

pages 25-26).

City of Los Angeles, California, Elias

Martinez City Clerk, Office of City

Clerk, Room 395, City Hall, Los Angeles,

CA 90012, 485-5705.

November 18, 1983. Community Redevelop-

ment Agency, City Administrative Officer,

Chief Legislative Analyst, Councilwoman

Stevenson, Councilwoman Flores. Re: HOL-

LYWOOD REDEVELOPMENT PROJECT. At the

meeting of the Council held November :8,

1983, the following action was

taken:...Attached motion adopted

(Stevenson - Flores) x eeeS/ Elias

Martinez, City Clerk.

MOTION.

WHEREAS, pursuant to the California Com-

munity Redevelopment Law (Health and

Q-2

Safety Code Section 33000 et seq.), the

Community Redevelopment Agency/CRA re-

quested the Planning Commission to select

appropriate boundaries for the proposed

Hollywood Redevelopment Project and to

formulate the Preliminary Plan; and

WHEREAS, the California Community law re-

quires that the City Council call upon

the residents and existing community or-

ganizations in a redevelopment project

area to form a representative Project

Area Committee ("PAC"), to be approved by

the City Council within sixty days (60)

after the redevelopment project area is

selected. Now, therefor, be it resolved

by the City Council of the City of Los

Angeles, California, as follows:

l. The City Council hereby calls upon

the residents, property owners, existing

community organizations and businesses in

_

Q-3

the project area to form a Project Area

Committee.

2 The City Council hereby further re-

quests the Community Redevelopment Agency

to set the time, place and date of public

meeting to form such Project Area Commit-

tee, and to mail or deliver note of such

meeting to each residence, place of busi-

ness and existing community organization

within the proposed project area and to

publish notice thereof, or use any other

means reasonably calculated-to provide

each residence, place of business and ex-

isting community Organization within the

proposed project area an actual notice of

such meeting.

3 The City Council hereby further de-

termines that the PAC shall be comprised

of not less than 15 nor more than 25 mem-

bers, shall include residential tenants,

property owners, business owners and mem-

Q-4

bers of existing organizations within the

Subject area. The PAC shall be represen-

tative of the different and various seg-

ments of the proposed project area. There

shall be representatives of eight exist-

ing community organizations on the PAC,

four of which shall be elected by the

community and four of which shall be ap-

pointed by the council person of the dis-

trict. Of the 25 PAC members, 21 shall be

selected by a vote of persons attending

the public election meeting. Four will be

appointed by the council person of the

district. Only persons who are in one or

more of the listed categories are eligi-

ble to participate in the selection of

the PAC members.

4. The City Council hereby further de-

termines that as soon as possible after

the PAC has been organized in accordance

with the Motion a list of members of the

Q-5

PAC together with such other information

as is necessary be presented to the City

Council for them to conclude that a rep-

resentative PAC has been formed and is

entitled to City Council approval.

This Motion supersedes the Motion of July

15, 1983, presented by Councilwoman Peggy

Stevenson and Councilman Arthur K. Snyder

and approved by Council.

PRESENTED BY PEGGY STEVEN-

SON, Councilwoman 13th District. SECONDED

BY SUSPENSION REQUESTED.

R-1

APPENDIX R

City Council resolution to approve PAC,

January 6, 1984. (Exhibit 117 at Exhibit

7, Pages 716, 715).

City of Los Angeles, California, Elias

Martinez City Clerk, Office of City

Clerk, Room 395, City Hall, Los Angeles,

CA 90012, 485-5705. 83-1273 CD

January 6, 1984. Community Redevelopment

Agency, City Administrative Officer,

Chief Legislative Analyst, List attached.

Re: HOLLYWOOD PROJECT AREA COMMITTEE

(PAC). At the meeting of the Council held

JANUARY 6, 1984, the following action was

taken:...Attached resolution adopted

(Stevenson - Bernson) x eeeS/ Elias

Martinez, City Clerk. jd

RESOLUTION

WHEREAS, pursuant to the California Com-

munity Redevelopment Law (Health and

Safety Code Section 33000 et seq.), and

R-2

City Council Resolution of November 18,

1983 directing the Community Redevelop-

ment Agency (CRA) to set the time, place

and date of a public meeting to form a

Hollywood Project Area Committee in ac-

cordance with redevelopment law, it has

been determined that:

1. The CRA did send out approximately

29,000 circulars and letters to resi-

dents, property owners, existing commu-

nity organizations and businesses in the

proposed project area and informing these

citizens of an election to be held on De-

cember 13, 1983 at the Hollywood High

School from 6 p.m. to 10 p.m., and

Ze Approximately 250 members represent-

ing residential property owners, residen-

tial tenants, business property owners

and business tenants and members of cer-

tified community organizations from the

proposed project area did attend, and

R-3

7 Those citizens in attendance filled

out a certification form regarding their

eligibility to vote and this certifica-

tion was verified by staff cf the CRA,

and

4. The CRA did hold such a meeting and

an election whereby 21 members of the

community were elected, and four members

of community organizations were ap-

pointed, and therefore

Se The Hollywood Project Area Committee

(PAC) has been organized in accordance

with the motion of City Council dated

November 18, 1983 and that such a list of

their names and representation is hereby

now presented to the City Council for

Council to conclude that a representative

PAC has been formed and is entitled to

City Council approval.

Presented by: s/ Peggy Stevenson

R-4

PEGGY STEVENSON, Council-

woman, Thirteenth District

Seconded by: S/ Hal Bernson

Res. ADOPTED JAN 6 1984 LOS ANGELES CITY

COUNCIL. SUSPENSION REQUESTED

S-1

APPENDIX S

Declaration of David Morgan Re: i983 PAC

Election Notices and Residential Unit

Survey by Plaintiffs of September 22,

1988 ("Survey"), extracts, with list of

evidence.

Plaintiffs submitted extensive tes-

timony and written evidence of failure of

notice, listed as follows:

1. Testimony of Morley June 27, 28, 29,

1988 (RT2381-2504).

2. Testimony of Rotman June 30, 1988

(RT2599).

3. Testimony of Morgan July 8, 1988

(RT3011-42).

4. Exhibit 24, Residential Unit Survey.

5. Exhibit 25, Residential Unit Survey.

6. Exhibit 26, Circular Trays at Residen-

tial Units.

7. Exhibit 27A, 27B, Notes of Survey Tak-

ers.

S-2 ;

8. Declaration of David Morgan on Notes

of Residential Unit Survey Takers; Notes

(CTi9877).

9. Declarations of Persons not Receiving

Notice of 1983 Project Area Committee

Election ("First Set," CT18051).

10. Declarations of Project Area Owners

and Tenants Re: 1983 PAC Election Notices

("Second Set," CT19008).

11. Third Set of Declarations of Project

Area Owners and Tenants Re: 1983 PAC

Election Notices ("Third Set," CT20030).

12. Declaration of Morgan re: 1983 PAC

Election Notices and Residential Unit

Survey by Plaintiffs ("SURVEY," CT18904).

13. Morgan review of Survey, Oct. 18

(RT6461-6506).

SEPTEMBER 22, 1988. C 607 002 DECLARATION

OF DAVID MORGAN RE:

S-3

1983 PAC ELECTION NOTICES AND RESIDENTIAL

UNIT SURVEY OF PLAINTIFFS, CT 18904 - CT

19007, excerpts.

Declaration of David Morgan, text omit-

ted. ***

Exhibit A

Declaration of John Albee, text omit-

ted.***

Declaration of Ruth Goulet, text omit-

ted. ***

Exhibit B, CT 18920 - 18942, summary:

HOLLYWOOD MULTI UNIT RESIDENTIAL BUILDING

SURVEY

During June through September 1988 a

Survey team examined individually nearly

all multi-unit residential buildings of

three or more units in the project area

and obtained the following results:

IN 1983

1983 SECURITY UNITS IDENTIFIED 4667

NUMBER OF 1988 SECURITY UNITS

S-4

WITH NO 1983 DATA

AVAILABLE, APPROXIMATELY 3000 +

TOTAL NEW UNITS 1984 - MARCH 1986 135

TOTAL NEW UNITS MARKED

(SINCE MARCH 1986): 1089

TOTAL UNITS IN 1983

(14448 - 135 - 1089 =) 13214

MINIMUM % SECURITY

UNITS IN 1983 35 % +

IN 1988 IN SUBAREA

1 NW 2 NE 3 SW 4 SE ALL

NON-SECURITY

UNITS 1152 1125 763 ~2265 5305

SECURITY

UNITS 5183 1893 668 1399 9143

ALL UNITS 6335 3018 1431 3664 14448

% SECURITY

UNITS 82 %¢ 63 & 47 & 38 &¢ 63 %

SECURITY UNITS ON SECOND FLOOR

OR HIGHER 4996

% OF SECURITY UNITS ON

S-5

SECOND FLOOR OR HIGHER 54 %

NON-SECURITY UNITS ON

SECOND FLOOR OR HIGHER 2302

% OF NON-SECURITY UNITS ON

SECOND FLOOR OR HIGHER 43 %

TOTAL UNITS ON SECOND FLOOR

OR HIGHER 7298

% OF TOTAL UNITS ON SECOND

FLOOR OR HIGHER 50 %

NUMBER HOTELS NOT OTHERWISE

COUNTED: 5

NUMBER OF RESIDENTIAL PROJECTS

UNDER CONSTRUCTION: 16

Subareas are centered on Sunset and

Vine. The reference column shows the

date in June 1988 and the initials of the

Survey takers. September, 1988

S-6

SUMMARY OF TABLE OF UNITS

PAGE NON-SECURITY BUILDINGS SECURITY BUILDINGS

FLOORS FLOORS

SUBAREA ALL 2ND+ SUBAREA ALL ALL 2ND

IN 1988 1988 1983-8 IN 1988 1983 1988 1983

1 2 3 4 T T 1 2 3 4 T T

4 297 297 137 3 168 176 1

5 131 43 174 56 387 75 205 455 1

6 268 268 99 461 45 452 2

7 67 #4117 #132 £424 #+%340 148 #436 = 44 432 480 3

8 36 124 139 305 108 186 8 18 36 186 248 1

9 55 203 258 103 82 299 85 381 2

10 40 14 121 161 63 471 16 63 386 551 3

11119 48 182 351 158 40 83 127 86 250 1

12 298 298 122 63 215 71 278 #1

13 372 120 59 551 346 303 40 48 252 402 2

14 32 11 218 250 110 134 8 164 114 306 1

15 86 152 30 268 107 435 17 339 $51 1

16 47 275 322 150 202 125 327 1

17 126 31 157 64 344 164 30 323 538 3

18 178 18 i96 57 465 11 22 294 498 2

19 65 99 32 4 196 34 342 198 138 14 344 692 2

20 231 231 100 222 = «52 83 160 357 2

21 392 392 224 153 77 144 20 374 2

22 109 4 11 57 181 8S 863 172 15 873 1050 7

23 48 22, 18 88 31 715 66 23 516 804 3

T 1152 1125 763 2265 5284 2302 5183 1913 668 1399 4667 9143 49

S-7

TOTAL OF ALL UNITS: 14448. TOTAL SECU-

RITY UNITS: 9143.

TOTAL UNITS ON SECOND OR HIGHER FLOORS:

7298.

Exhibit C, CT 18943 - 18945

HANDLING IN 1983 OF FLIERS SUCH AS PAC

ELECTION NOTICES AT MULTI UNIT SECURITY

APARTMENT BUILDINGS OF THREE OR MORE

UNITS IN HOLLYWOOD

Investigation was made as to the

handling of fliers such as the 1983 PAC

election fliers by contacting apartment

Owners, managers and residents. Declara-

tions were ohtained from the buildings

listed on the attached table and the re-

Sults tabulated below.

SUMMARY OF RESULTS

UNITS

NUMBER OF UNITS IN BUILDINGS

SURVEYED AS TO HANDLING

OF FLIERS INSIDE APARTMENT

S-8

BUILDINGS IN 1983 1560

FLIERS WERE ALWAYS LEFT OUTSIDE

THE BUILDING 656

FLIERS WERE LEFT OUTSIDE OR

RARELY TAKEN IN 37

FLIERS WERE RARELY TAKEN IN 252

FLIERS WERE USUALLY TAKEN IN 174

FLIERS WERE ALWAYS TAKEN IN 284

NO ANSWER GIVEN 195

PLACING FLIERS AT EACH UNIT

OF BUILDING WAS ALLOWED 135

PLACING FLIERS AT EACH UNIT OF

BUILDING WAS NOT ALLOWED 1278

NO ANSWER GIVEN 21

FLIERS WERE DISCARDED IMMEDIATELY

WHEN FOUND 505

FLIERS WERE LEFT A DAY OR MORE

OUTSIDE BUILDING 663

NO ANSWER GIVEN 392

1983 PAC ELECTION FLIER RECEIVED 0

1983 PAC ELECTION FLIER NOT RECEIVED 1560

Baan i

S-9

HANDLING IN 1983 OF FLIERS SUCH AS PAC ELECTION NOTICES

|

ADDRESS UNITS PLIERS PLACING PLIERS DISCARDED PLIER |

LEFT OUT:(0) PLIERS IMMEDIATELY (I) RECEIVED

TAKEN IN: AT EACH AFTER A DAY (D) YES (Y)

RARELY (R) ONIT NO (N)

USUALLY (U) ALLOWED:

ALWAYS (A) YES (Y)

NO (N)

5738 CARLTON 42.0 N D N

5923 CARLTON 6 O, R I N

5950 CARLTON 7 0, R I N

1825 CHEROKEE 66 0 N

1830 CHEROKEE 70 N I N

1842 CHEROKEE 35 JU N N

1760 EL CERRITO 20 Uv N D N

1769 EL CERRITO 30 Jv Y N

1805 EL CERRITO 46 R N D N

6100 FOUNTAIN 13 R N I N

6222 FOUNTAIN 80 0 N D N

6400 FRANKLIN 70 0 N D N

6626 PRANKLIN 50 0 N I N

1545 GORDON 8 O, R I N

1546 GORDON 35. 0 N I N

1830 GRACE 9 JU N N

6533 HOLLYWOOD 66 0 N I N

1611 HUDSON 48 0 N D N

1738 LAS PALMAS 69 y D N

1420 MANSFIELD 30 0 N D N

1330 ORANGE 45 0 N D N

1737 ORANGE 36 OO Y D N

1759 ORCHID 52 A Y

1767 ORCHID 32 «OA N D N

1665 SYCAMORE 55 U0 N D N

1776 SYCAMORE 73. R N D N

1756 TAMARIND 16 0, R N I N

1803-07 VISTA 46 0 N I N

DEL MAR

1850 WHITLEY 200 A N N

1735 WILCOX 70 oR N I N

1755 WILCOX 30 oR N I N

1760 WILCOX 60 oO N I N

1811 WILCOX 17 O N D N

1835 WILCOX 20 oR N I N

6760 YUCCA 8 1@) Zz I N

S-10

Exhibit D, CT 18946 - 18956

HOLLYWOOD MULTI UNIT RESIDENTIAL BUILDING

SURVEY

o WITH DATES PERSONS FIRST HEARD OF PROJECT

The Declarations submitted by the

residents of the project area have been

analyzed as to when they first heard of

the redevelopment project in Hollywood

with the following results.

Number of Declarations

Subarea 1 33

Subarea 2 22

Subarea 3 43

Subarea 4 38

Status of Declarant

Owners 57

Tenants 79

Not given 6

Date learned of project

1983 5

1984 4

1985 6

1986 before adoption,

Jan - May 23

1986 after adoption,

Jun - Dec 20

1986 date not given 20

1987 18

1988 30

not given 9

" S-11

ADDRESS SUBAREA TENANT NAME FIRST UNITS

NUMBER OR HEARD

. OWNER OF PROJECT

6141 AFTON 4 t Paulkner Jun 88 45

6141 AFTON 4 t Laird Jul 88

6141 AFTON 4 t Mancillas 86

6141 AFTON 4 t McCasky Jul 88

6141 AFTON 4 t Powell Sep 87

6141 AFTON 4 t Vincent Aug 86

6202 AFTON 4 t Abrahamson Mar 86 1

1152 BEACHWOOD 4 0 Doering, PF. 87 1

1154 BEACHWOOD 4 t Doering, N. 87 1

1222 BEACHWOOD 40 Smith, M. Mar 86 1

1222 1/2 BEACHWOOD 4 t Macias, E. Mar 86 1

1222 1/2 BEACHWOOD 4t Macias, G. Mar 86

1249 1/2 BEACHWOOD 4 t Zamudio Jun 86 4

1153 BRONSON 4 t Adams 2

1210 BRONSON 4t Rios 1

1520 BRONSON 2t De Milo Apr 88 2

1545 BRONSON 2¢t Aziz 64

1545 BRONSON 20 Piltness

1545 BRONSON 2t Ibrahim

1545 BRONSON 2t Moussa

6128 1/2 CARLOS 2t Tasic 4

6130 CARLOS 2t Vainisi 84

6142 CARLOS 2t Lewis Nov 87 4

6148 CARLOS 2t Jones 87

573. CARLTON 2t Patino Sep 88 42

5741 CARLTON 2 t Roman 87 51

5900 CARLTON 2 t Abrams Jul 88 4

5923 CARLTON 20 Paias Jun 88 12

5950 CARLTON 20 Paias Jun 88 14

1319 CHEROKEE 3 0 Galarza, P. 86 7

1319 CHEROKEE 3 0 Galarza, R. 86

1331 CHEROKEE 3 0 Glacusa, D. 86 1

1331 CHEROKEE 3 0 Glacusa, H. 86

1825 CHEROKEE 1 t Reimer 87 66

1830 CHEROKEE lt Scholtz 83 53

1842 CHEROKEE 1 T Roberts Sep 85 35

1343 CITRUS 3 0 Halper, D. Sep 84 1

1343 CITRUS 3 0 Halper, N. Jan 85

1343 CITRUS 3 t Halper, s. Apr 86

6552 DE LONGPRE 3 0 Kanan Jun 866 l

6622 DE LONGPRE 3 t Abery 86 l

6635 DE LONGPRE 3 t Connelly 88 5

S-12

ADDRESS SUBAREA TENANT NAME FIRST UNITS

NUMBER OR HEARD

OWNER OF PROJECT

6635 DE LONGPRE 3 0 Lemos 86

6655 DE LONGPRE 3 0 Krakowiak, M. Mar 86 2

6655 DE LONGPRE 3.0 Krakowiak, S. Mar 86

6655 DE LONGPRE 3 t Peters 86

6827 DE LONGPRE 3 0 Robinson Sep 84 3

6831 DE LONGPRE 3 0 Shaw Sep 84 3

1760 EL CERRITO 1 t Voss Aug 88 20

1769 EL CERRITO 1 t Matherne Aug 88 30

1805 EL CERRITO 1 t Ibrar Pall 86 46

5418 FOUNTAIN AVE. 4 t Goulet Apr-May 86

5712-14 FOUNTAIN 4 0 Calderon, Y. Mar 86 2

5718 FOUNTAIN 4 Ramos Nov 87 2

6100 FOUNTAIN 40 Micu, E. Mar 86 13

6100 FOUNTAIN 40 Micu, P. Mar 86

6116 POUNTAIN 4 t Barberra Jun 86 .

6118 FOUNTAIN 4 t Sotelo Nov 86 1

6120 POUNTAIN 40 Morley Mar 66 1

6129 POUNTAIN 4 t Hansen, D. Nov 86 8

6129 POUNTAIN 4 t Hansen, Ff. Nov 86

6143 POUNTAIN 4 0 Hadzick, Danny Nov 86 1

6143 FOUNTAIN 4 t Hadzick, Danya Nov 86

6143 POUNTAIN 4 0 Hadzick, P. Nov 86

6222 POUNTAIN 4 t Estrada Jul 86 80

6400 PRANKLIN AVE. 1t Hernandez Jul 88 70

6626 PRANKLIN AVE. 1 t Pochna Sep 88 50

1151 GORDON 4 0 Marinovich Mar 86 2

1206 1/2 GORDON 4 0 Cauthorn Oct 86 5

1545 GORDON 20 Paias Jun 88 16

1546 GORDON 20 Roux Jul 88 35

1830 GRACE 1 t Parks Aug 87 9

1330 1/2 HIGHLAND 3 0 Spizzerre 86

6533 HOLLYWOOD 1 t Golub Sep 88 66

1611 HUDSON lo Morrison Sep 88 48

1743 HUDSON 1 t Harley Apr 86 1

1743 HUDSON lo Hays Apr 86

1745 HUDSON 10 Jackson Mar 86 |

1746 HUDSON io ii Sep 38 1

1747 HUDSON 1 o Johnson Sep 86 1

1306 JUNE 30 Camacho 86 1

1310 JUNE 3 t Estrom 30

Oe ee

S-13

ADDRESS SUBAREA TENANT NAME FIRST UNITS

NUMBER OR HEARD

OWNER OF PROJECT

1315 JUNE 3 t Benyo, E. Jul 88

1315 JUNE 3 t Benyo, D. Jul 88

1331 JUNE 3 t Scholachman 87 2

1334 JUNE 3 t Berman Jul 88 3

1336 1/2 JUNE 3 t Block 87 1

1340 JUNE 3 t Albee Jul 86 15

1340 JUNE 3 t Gilbert 87

1340 JUNE 3 t Girolami Jul 88

1340 JUNE 3 t Marin 87

1340 JUNE 3 t O'Brien Jul 86

1340 JUNE 3 t Salazar Jul 88

1340 JUNE 3 t Thomas Jun 86

7032 LANEWOOD lo Weiss 21

1424 LAS PALMAS 30 Charon 85 1

1425 LAS PALMAS 30 Valdez, F. Jun 86 1

1425 LAS PALMAS 3 t Valdez, Paul 86

1425 LAS PALMAS 30 Valdez, Pearl Jun 86

1433 1/2 LAS PALMAS 3 t Ayala 86 4

1610 LAS PALMAS 1 t Dolder Mar 86 3

1738 LAS PALMAS 1 t Segal Sep 85 69

6634 LELAND WAY 30 Debalogh 86 1

5514 LEXINGTON 4 0 Kazanchian, £. Jun 88 4

5514 LEXINGTON 4 0 Kazanchian, K. Jun 88

5514 1/2 LEXINGTON 4 Kazanchian, Annik Jun 88

5514 1/2 LEXINGTON 40 Kazanchian, H. Jun 88

5516 1/2 LEXINGTON 4 Kazanchian, Anjik Jun 88

5516 1/2 LEXINGTON 40 Kazanchian, 0. Jun 88

5712 LEXINGTON 4 Calderon, R. 87 10

5746 LEXINGTON 4 Calderon, M. Mar 86 8

1420 MANSFIELD 3 t Goulet, Roger Jul 88 30

1323 MCCADDEN 30 Teller Mar 86 1

1351 MCCADDEN 3 t Cross 86 1

1408 MCCADDEN 3 0 Del Valle 86 2

1408 MCCADDEN 3 t Vasallo 86

1542 MCCADDEN lo Bean Mar 86 1

1330 ORANGE 3 t Dwyer Jun 86 45

1737 ORANGE lt Tafarella 83 36

1745 ORANGE 1 t Holt 83 70

1759 ORCHID 1 t Cusimano Aug 86 $2

1767 ORCHID 1 t Citero Aug 86 32

S-14

ADDRESS SUBAREA TENANT NAME FIRST UNITS

NUMBER OR HEARD

OWNER OF PROJECT

6057 SELMA 20 Nagy Aug 86 3

6077 SELMA 20° Allen 87 2

1420 SEWARD 3 0 Hein Mar 86 12

6655 SUNSET BL. lt Perry 86 1

6665 SUNSET BL. lt West 86 1

6700 SUNSET BL. 3 t Lincoln 86 1

1665 SYCAMORE 1 Gordon 83 54

1776 SYCAMORE lt Rozelle Apr 86 73

1750 VISTA DEL MAR 20 Hopkins Jun 88 1

1750 VISTA DEL MAR 2¢t Smith, G. 87

1750 VISTA DEL MAR 2¢t Smith, P. 87

1803 VISTA DEL MAR 2 ¢t Serrano Aug 88 46

1850 WHITLEY ict Miles 200

1735 wWILcox 1 t Nudelman 83 7

1755 WILCox 1 t Nudelman 83 30

1760 WILCOx lt Goodale Sep 86 60

1811 WILCOX lt Prichel 17

1835 wWILcox lt Miller May 86 20

6218 YUCCA 2 t Walsh 86 16

6760 YUCCA 1 Castenholz Mar 85 8

T-1

APPENDIX T

Quotations of authorities on standard of

review for this action "in the nature of

eminent domain." "Al] Statutory modes of

divesting titles are strictly construed,

and to be strictly followed." (Bensley v.

Mountain Lake Water 13 C 306 (1859). See:

Gilmer v. Lime Point, 19 C 47, 60 (1861);

Leland Stanford, et al v. George A. Worn,

et al, 27 C 171, 174 (1865); (Shipman v.

Forbes, 97 C 572, 574 (1893), emphasis

added); (Mc Carty v. Sacramento, 148 Cc

211, 216 (1905); (Graham v. Bailard, 157

C 96, 103 (1909); (Harrington v. Superior

Court, 194 C 185, 191 (1924); (Bottoms v.

Superior Court, 82 CA 764, 771-2 (1927) ;

(City of Los Angeles v. Glassell, 203 Cc

45, 46 (1928); (San Bernardino Co. Flood

Control District v. Grabowski, 205 CA3d

885, 893 (1988)).

U-1

APPENDIX U

CITATIONS ON NOTICE

Mennonite Board of Missions v.

Adams, 462 US 791 cites cases (CT 18761)

such as Walker v. City of Hutchinson, 352

US 112; 1 LEd2d 178; 77 SCt 200 (1956),

Schroeder v. New York City, 371 US 208; 9

LEd 255; 83 SCt 279 (1962) publication

and posting insufficient condemnation

proceedings notice. Re: tenants (Greene

v. Lindsey, 456 US 444; 72 LEd2d 249; 102

SCt 1874 (1982)). See Scott v. Indian

Wells, 6 C3d 541; 99 CR 745; 492 P2d 1137

(1972) CT12486E); In re Central Irr.

Dist., 117 C 382, 392 (1897); Waller v.

Weston, 125 C 201, 203 (1904); (Halistrom

v. Tillamook Co., 107 LEd2d 237, 249

(1989); Quaranta v. Merlini, 192 CA3d 22,

30; 237 CR 179 (1987); Los Angeles v.

Allen, 32 CA 553; 163 P 697 (1861);

Gilmer v. A Certain Tract of Land, 18 C

U-2

229 (1861); Conejo Recreation and Park

District v. Armstrong, 114 CA3d 1016,

1021; 170 CR 891 (1981). Review de novo

under the most stringent standard even

when other issues obtain more lax review.

(Mountain Defense League v. Board of

Supervisors of San Diego County, 65 CA3d

722, 729; 135 CR 588, 590 (1977). Lack of

relocation notice see Goodwin v. Gleid-

man, 463 N.Y.S.2d 693 (Sup. 1983).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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