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CRA 2005-06-13 MINUTES OF A REGULAR MEETIING OF THE CYPRESS REDEVELOPMENT AGENCY HELD June 13, 2005 Agency Chairperson McGill called the meeting of the Cypress Redevelopment Agency to order at 6:00 p.m. in the Council Chambers, 5:275 Orange Avenue, Cypress, California. PRESENT: Agency Board Members Luebben, McCoy, Seymore, Agency Vice Chairperson Sondhi, Agency Chairperson McGill ABSENT: None Also present were Executive Director, City Attorney, Deputy Executive Director, Agency Treasurer, Public Works Director, Chief of Police, Recreation and Community Services Director, Assistant Community Development Director, Administrative Services Manager, and Agency Secretary. Item No.5: JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CYPRESS MERGED, AMENDED, AND RESTATED REDEVELOPMENT PROJECT ("MERGED PLAN"), WHICH WILL INCORPORATE AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER (ORIGINAL AND A.MENDMENT AREA), LINCOLN AVENUE (ORIGINAL AND ADDING APPROXIMATELY 17 ACRES TO THE PROJECT AREA rPROPOSED "ADDED AREA"l AND LOS ALAMITOS RACE TRACK AND GOLF COURSE PROJ ECT AREAS, AND CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT ("EIR"). The Mayor opened the joint public hearing and referred to Agency Counsel. Agency Counsel provided information on the public hearing procedure for this item, It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Luebben, that the City Council and Cypress Redevelopment Agency take the following actions: 1) That the Agency adopt the Resolution by title only, transmitting the Agency's Report to the City Council on the proposed Merged, Amended and Restated Redevelopment Plan ("Merged Plan") for the Cypress Merged Project Area, and draft Merged Plan, to the City Council; and 2) The City Council adopt the Resolution by title only, acknowledging receipt of (a) the Agency's Report to the City Council on the proposed Merged, Amended and Restated Redevelopment Plan ("Merged Plan") for the Cypress Merged and Amended Redevelopment Project Area and (b) the draft Merged Plan document. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. CRA - 120 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, TRANSMITTING TO THE CYPRESS CITY COUNCIL THE AGENCY'S REPORT TO THE CITY COUNCIL ON THE PROPOSED MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN, AND TRANSMITTING TO THE CYPRESS CITY COUNCIL THE DRAFT MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN, CYPRESS REDEVELOPMENT AGENCY JUNE 13, 2005 RESOLUTION NO. 586~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACKNOWLEDGING RECEIPT OF THE AGENCY'S REPORT TO THE CITY COUNCIL ON THE PROPOSED MERGED, AMENDED AND RESTATED REDEVELOPMENT PLAN AND ACKNOWLEDGING RECEIPT OF THE DRAFT MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN. Agency Counsel stated that three principle documents needed to be entered into the record of proceedings: the Staff Report, Agency's Report to the City Council on the Merged Plan, and the Environmental Impact Report on the Merged Plan. It was moved by Council/Agency Member Luebben and seconded by Council/Agency Member Seymore, that the Staff Report, Agency's Report to the City Council on the Merged Plan, and the Environmental Impact Report on the Merged Plan be accepted into the Joint Public Hearing. The motion was carried unanimously by the following roll call vote: AYES: 5 COUNCIUAGENCY MEMBERS: Luebben, McCoy, Seymore, Sondhi, and McGill NOES: 0 COUNCIUAGENCY MEMBERS: None ABSENT: 0 COUNCIUAGENCY MEMBERS: None The City Clerk acknowledged that all notices have been provided for this hearing and placed affidavits of mailing and publication into the Joint Public Hearing record. The Deputy Director provided background information on this item. Felise Acosta, Rosenow Spevacek Group, discussed the merger and amendments to the redevelopment plans. The City Attorney stated that one member of the City Council/Agency Board Member lives within one of the project areas and one City Council/Agency Board Member lives less than 500 feet from one of the project areas. He stated that with respect to Council Member McCoy, it has been determined by a real property appraiser that his ownership of property in the project area does not create a reasonable foreseeable financial impact on him such that he would be disqualified from participating in these discussions. However, Mayor Pro Tem Sondhi owns property within 500 feet of the northern boundary of the Los Alamitos Race Track and Golf Course Redevelopment Project Area and under current FPPC guidelines, she has a presumptive conflict of interest that would prohibit her from participating in these decisions. He stated that his advice at this point is for Mayor Pro Tem/Agency Vice Chair Sondhi not to participate in these proceedings and that she should leave the Council Chamber. He requested that the following two actions be taken: 1) A motion from a member of the Council/Agency to rescind accepting into evidence the Staff Report, the Agency Report to the City Council on the Merged Plan, and the Environmental Impact Report on the Merged Plan and 2) To rescind adoption of the Resolution transmitting the Agency's report to the City Council and the Resolution receiving transmittal of the report to the City Council. It was moved by Council/Agency Member Seymore aml seconded by Council/Agency Member Luebben, to rescind accepting into evidence the Staff Report, the Agency Report to the City Council on the Merged Plan, and the Environmental Impact Report on the Merged Plan, and rescind adoption of the Resolution transmitting the Agency's report to the City Council and the Resolution receiving transmittal of the report to the City Council. 2 CYPRESS REDEVELOPMENT AGENCY JUNE 13,2005 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIUAGENCY MEMBERS: Luebben, McCoy, Seymore, Sondhi, and McGill NOES: 0 COUNCIUAGENCY MEMBERS: None ABSENT: 0 COUNCIUAGENCY MEMBERS: None Mayor Pro Tem/Agency Vice Chair Sondhi left the Council Chamber. It was moved by Council/Agency Member Luebben and seconded by Council/Agency Member Seymore, that the City Council and Cypress Redevelopment Agency take the following actions: 1) That the Agency adopt the Resolution by title only, transmitting the Agency's Report to the City Council on the proposed Merged, Amended and Restated Redevelopment Plan ("Merged Plan") for the Cypress Merged Project Area, and draft Merged Plan, to the City Council; and 2) The City Council adopt the Resolution by title only, acknowledging receipt of (a) the Agency's Report to the City Council on the proposed Merged, Amended and Restated Redevelopment Plan ("Merged Plan") for the Cypress Merged and Amended Redevelopment Project Area and (b) the draft Merged Plan document. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIUAGENCY MEMBERS: Luebben, McCoy, Seymore, and McGill NOES: 0 COUNCIUAGENCY MEMBERS: None ABSENT: 0 COUNCIUAGENCY MEMBERS: None ABSTAIN: 1 COUNCIUAGENCY MEMBERS: Sondhi Council/Agency Vice Chair Sondhi did not participate in this action due to her ownership of property in proximity to the project area. RESOLUTION NO. CRA - 120 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, TRANSMITTING TO THE CYPRESS CITY COUNCIL THE AGENCY'S REPORT TO THE CITY COUNCIL ON THE PROPOSED MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN, AND TRANSMITTING TO THE CYPRESS CITY COUNCIL THE DRAFT MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN. RESOLUTION NO. 5863 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACKNOWLEDGING RECEIPT OF THE AGENCY'S REPORT TO THE CITY COUNCIL ON THE PROPOSED MERGED, AMENDED AND RESTATED REDEVELOPMENT PLAN AND ACKNOWLEDGING RECEIPT OF THE DRAFT MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN. The Assistant Community Development Director provided a report on the Environmental Impact Report. He stated that four comments were received by the City, none of them requiring additional study or analysis. Mayor McGill asked if all properties being considered for addition to the project have provided their consent. The Assistant Community Development Director stated with one modification that is not an objection but merely a comment. The City Clerk stated that the City Clerk's Office has not received any written correspondence with regard to the public hearing. Mayor McGill asked if there was anyone who wished to speak in favor of the item, 3 CYPRESS REDEVELOPMENT AGENCY JUNE 13,2005 Mayor McGill asked if there was anyone who wished to speak against the item. Dhiren Mehta, Cypress, spoke regarding his concerns about blight and Sorrento's inclusion in the project area, and the Sorrento Mello Roos Bond. Agency Counsel Slater stated that earlier staff and counsel met with one of the property owners who was unable to attend the meeting this evening. The representative, Brian Toki, of the property owner located at 5692 and 5702 Lincoln Avenue, did not have a formal objection but wanted to raise a concern about being included in the Lincoln Avenue Merged and Amended Redevelopment Project Area without an Owner Participation or similar agreement with the Agency, The concerns particularly addressed the Agency's ability to acquire property through eminent domain. Agency Counsel Slater stated that the Owner Participation Agreement is in process and staff has every intent to negotiate with this property owner to arrive at a mutually satisfactory agreement for presentation to the Agency Board. The Deputy Director stated that the Sorrento project, which was formerly an oil tank storage farm when it was added to the Civic Center Project Area, was determined to be blighted at that time, He stated that without inclusion of this area in the project area, it is very unlikely that the Sorrento homes would have been built. He stated that the Agency does not have the ability to affect Mello Roos taxes, which are a separate financing mechanism that was put on the tract at the time it was developed to fund the infrastructure improvements inside the housing tract. The Director of Finance and Administrative Services provided information on the Mello Roos taxes for the Sorrento project infrastructure improvements. The public hearing was closed. The meeting was recessed at 9:00 p.m, The meeting was reconvened at 9:06 p.m. The Deputy Director stated that the merger and amendment does not directly affect the debt position of the Redevelopment Agency. The merger does strengthen the overall financial position of the Agency, which would facilitate the ability to payoff debt in the future. It was moved by Council/Agency Member Luebben and seconded by Council/Agency Member Seymore, that the Agency and City Council conduct a Joint Public Hearing to consider the certification of the EIR and adoption of the Merged Plan. After the close of the Joint Public Hearing, if there are no written objections submitted to the adoption of the proposed Merged Plan, it is recommended that the Cypress Redevelopment Agency and City Council take the following actions: 1) The Agency adopt the Resolution by title only, certifying the final Environmental Impact Report (EIR) (SCH #2004081103) on the proposed Merged Plan; and 2) The City Council adopt the Resolution by title only, certifying the final Environmental Impact Report (EIR) (SCH #2004081103) on the proposed Merged Plan; and 3) The City Council adopt the Resolution by title only, electing to receive the City of Cypress' share of the property tax revenues received as set forth in Sections 33676 and 33607.5 of the California Community Redevelopment Law ("Redevelopment Law") for the Added Area of the Cypress Merged, Amended, and Restated Redevelopment Project; and 4) The Agency adopt the Resolution by title only, finding that the use of tax increment allocated from the Merged Project Area for the purpose of increasing, improving and preserving the community's supply of affordable housing to persons and families of low-or moderate-income and very-low income households outside the Merged Project Area, will be of benefit to the Merged Project Area; and 5) The City Council adopt the Resolution by title only, finding that the use of tax increment allocated from the Merged Project Area for the purpose of increasing, improving and preserving the community's supply of affordable housing to persons and families of low- or moderate-income and very-low income households outside the Merged Project Area, will be of benefit to the Merged Project Area. 4 CYPRESS REDEVELOPMENT AGENCY JUNE 13, 2005 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIUAGENCY MEMBERS: Luebben, McCoy, Seymore, and McGill NOES: 0 COUNCIUAGENCY MEMBERS: None~ ABSENT: 0 COUNCIUAGENCY MEMBERS: NonS! ABSTAIN: 1 COUNCIUAGENCY MEMBERS: Sondhi Council/Agency Vice Chair Sondhi did not participate in this action due to her ownership of property in proximity to the project area. RESOLUTION NO, CRA - 121 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, CERTIFYING THE FINAL PROGRAM EIR (SCI-I #2004081103) FOR THE 2005 AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA, THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA, AND THE LINCOLN AVENUE REDEVELOPMENT PR:OJECT AREA INCLUDING MERGING THESE PROJECTS AND ADOPTION OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN TO CREATE THE CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT AREA. RESOLUTION NO. 5864 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CERTIFYING THE FINAL PROGRAM EIR (SCH #2004081103) FOR THE 2005 AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER REDEVELOPMENT PROJECT AREA, THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREA, AND THE LINCOLN AVENUE REDEVELOPMENT PROJECT AREA INCLUDING MERGING THESE PROJECTS AND ADOPTION OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN TO CREATE THE CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT AREA. RESOLUTION NO. 586S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ELECTING TO RECEIVE ALL OR A PORTION OF THE TAX REVENUES PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33676 AND 33607,5 FOR THE ADDED AREA OF THE CYPRESS MERGED, AMENDED, AND RESTATED REDEVELOPMENT PROJECT. RESOLUTION NO. CRA - 122 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS FROM THE MERGED PROJECT ARIEA, FOR THE PURPOSE OF INCREASING, IMPROVING, AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING OUTSIDE THE MERGED PROJECT AREA, IS OF BENEFIT TO THE MERGED PROJECT AREA. RESOLUTION NO. E;866 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, FINDING THAT THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS FROM THE MERGED PROJECT AREA FOR THE PURPOSE OF INCREASING, IMPROVING, AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING OUTSIDE THE MERGED PROJECT AREA, IS OF BENEFIT TO THE MERGED PROJECT AREA. It was moved by Council/Agency Member Luebben and seconded by Council/Agency Member Seymore, that the City Council introduce for first reading, and waive further reading, the Ordinance by title only, approving the Mergl3d Plan. 5 CYPRESS REDEVELOPMENT AGENCY JUNE 13, 2005 The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIUAGENCY MEMBERS: Luebben, McCoy, Seymore, and McGill NOES: 0 COUNCIUAGENCY MEMBERS: None! ABSENT: 0 COUNCIUAGENCY MEMBERS: None! ABSTAIN: 1 COUNCIUAGENCY MEMBERS: Sondhi Council/Agency Vice Chair Sondhi did not participate in this action due to her ownership of property in proximity to the project area. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AND ADOPTING AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE CIVIC CENTER, LINCOLN AVENUE, AND LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREAS, MERGING THE PROJECT AREAS, AND ADOPTING AND APPROVING A MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN FOR THE CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT AREA. Mayor McGill thanked staff and Agency counsel for their work on this item. It was moved by Agency Vice Chair Sondhi and seconded by Agency Member Seymore, to approve Consent Calendar Item No. 23. The motion was unanimously carried by the following roll call vote: AYES: S AGENCY MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None Consent Calendar: Item No. 23: ADOPTION OF THE FISCAL YEAR 200S-06 BUDGET FOR THE CYPRESS REDEVELOPMENT AGENCY. Recommendation: That the Cypress RedevelopmE!nt Agency Board adopt the Agency's annual budget as proposed for the fiscal year beginning July 1, 200S. END OF CONSENT CALENDAR ADJOURNMENT: Agency Chairperson McGill adjourned the meeting at 11 :03 p.m. ~U~ CHAIRPERSON OF THE CYPRESS REDEVELOPMENT AGENCY ATTEST: CRETARY OF THE CYPRESS REDEVELOPMENT AGENCY 6