Loading...
Minutes 90-06-18 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 18, 1990 The adjourned regular meeting of the Cypress City Council was called to order at 5:36 p.m., Monday, June 18, 1990, in the City Council Chamber, 5275 Orange Avenue, Cypress, Mayor Cecilia Age presiding. m PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and Planning Director Chris Eynon. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Kanel PRESENTATION: Mayor Age announced that Mr. Tony Nelson, from Assemblywoman Doris Allen"s office, was in attendance to present Officer Shari Lynn Shovlin with a Resolution on behalf of Assemblywoman Allen for her efforts with the D.A.R.E. program. He introduced Ms. LeeAnn Mader, the new field representative, who had the pleasure of working with Officer Shovlin on the D.A.R.E. program. Officer Shovlin thanked the Council for their support. ORAL COMMUNICATIONS: For Matters on the Agenda. No one wished to speak. CLOSED SESSION: Mayor Age called for a recess to enable the Council to enter closed session to discuss personnel and litigation matters. The meeting reconvened at 6:10 p.m. with all Councilmembers present. Mayor Age announced that Item No. 2, Continuation of Consideration of Reestablishment of the City"s Planning Commission would be heard last. She reiterated the fact that this is not a public hearing and public testimony will not be taken on any redevelopment issue. ORDINANCES (Second Reading) & RESOLUTIONS: It was moved by Councilmember Bowman and seconded by Councilmember Kerry ~:o order the following Ordinance read by title only, title as follows, and to adopt the Ordinance approving a Redevelopment Plan for the Los Alamitos Race Track and Golf Course Redevelopment Project Area. ORDINANCE N0. 851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PRUJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT. Councilmember Kanel clarified that he had not attended the meeting in which the first reading of this Ordinance was approved; however, he has observed the entire matter on video tape, he was fully briefed on the facts and he could vote on this item. The City Attorney concurred that if the material has been read and the meeting observed on video tape, then Councilmember Kanel is eligible to vote. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF OBJECTIONS TO THE PROPOSED LINCOLN AVENUE REDEVELOPMENT PLAN: The City Manager called upon the Planning Director to present the staff report dated June 15, 1990, which indicated that a joint public hearing was held on June 11, 1990. As a result of the public hearing, written objections and oral presentations were considered by the Redevelopment Agency and the City Council. Based on the objections, it was determined by the Agency Board that the Redevelopment Plan should be amended to permit any property owner to be excluded from the proposed Project Area. A parcel by 1 X43 City Council Minutes June 18, 1990 parcel recommendation regarding property owner requests for removal of their property from the Redevelopment Project Area was made by staff. It was moved by Councilmember Bowman and seconded by Councilmember Arnold to approve the staff report and recommended that the Cypress City Council find that the Redevelopment Plan, with all or any combination of the above referenced parcels excluded, is in conformance with the Cypress General Plan. Councilmember Kanel stated he had missed that meeting; however, he had watched the video and reviewed the staff reports and will vote on this item. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF AN ORDINANCE ADOPTING THE LINCOLN AVENUE REDEVELOPMENT PLAN: The-City Manager asked Chris Eynon to present the staff report dated June 15, 1990 and indicated, for the record, that the Planning Agency has submitted its report and recommendation to the Cypress City Council. It is understood in considering the Ordinance adopting the Lincoln Avenue Redevelopment Plan, that the City Council has received and considered this report and recommendation. The City of Cypress received three written comments, which although not technically written as objections, are still being addressed prior to consideration of the Plan adoption. Parcels in the proposed Lincoln Avenue Project Area are held under widely scattered ownership; parcels of inconsistent size and shape for proper use and development exist and there are some parcels that are too small for proper usefulness and development. These collective conditions require that eminent domain authority be maintained in the Redevelopment Plan. It was moved by Councilmember Bowman and seconded by Councilmember Kanel to approve the first reading of the Ordinance by title only, title as follows, adopting the Redevelopment Plan, as amended, for the Lincoln Avenue Redevelopment Project. Councilmember Kerry expressed her concern about "eminent domain," since several owners have spoken up and asked to be removed from the Project due to the power of eminent domain. She stated the Council now has the power of eminent domain on any piece of property in the City if it is to be used for public uses. The power of eminent domain in a redevelopment area allows that power to be extended for any kind of development, not just public use. She stated she will vote no on this item because of the power of eminent domain for all of the remaining properties. Councilmember Arnold asked if there was a problem relating to eminent domain with the Los Alamitos Race Track Redevelopment Project. The Council has talked in depth about the advantages of eminent domain and if, for any reason, this body were to decide to take eminent domain out of the redevelopment proposal, then the Council does not have that power any longer in that particular area. The City Attorney advised that every Redevelopment Agency inherently has the power of eminent domain unless it is excluded it as a power. It also provides a very beneficial way of determining the fair market value for both parties and it does provide a tax benefit to the property owner who might otherwise not have that tax benefit if the power of eminent domain was not available. Councilmember Kanel explained that the original purpose of eminent domain was to provide for the public good, build roads, dams and libraries. Under redevelopment allowed eminent domain is to be utilized in rehabilitating blighted areas. Mayor Age stated she would vote for the item since an opportunity to be excluded has been given to those property owners who do not want to be part of the project. It is a benefit to the City and the property owner and if it were ever abused, the citizens would be before the Council voicing their objections. Councilmember Bowman advised that he has been involved in redevelopment in other cities as a property owner and does not know of anyone that has had a problem with eminent domain They have been very happy with the tax benefits they are able to derive because there is eminent domain in the plan. He will vote in favor of the motion. Councilmember Kerry remarked that the power of eminent domain could be brought back later. There have been some individual property owners come forward asking that their properties be removed and there has been a positive impact so far. To show a solidarity at this point in time, she would concede and vote "yes" very reluctantly on the basis of the other Councilmembers decision, 2 444 ~ , ``i: City Council Minutes June 18, 1990 ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR THE LINCOLN AVENUE REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF REESTABLISHMENT OF THE CITY'S PLANNING COMMISSION: Councilmember Bowman stated that everyone has provided input on this item and he suggested that discussion be held on placing this item on the November ballot. Councilmember Kerry had questions on what staff members would be required to attend Planning Commission meetings, a comparison of the annual cost of other City Commissions with the cost of the proposed Planning Commission, the number of Commissioners and the additional time required to approve projects. Councilmember Kanel provided some historical information on previous Planning Commissions, indicated that most communities have Planning Commissions and he was in favor of reestablishing a Planning Commission in Cypress. He was in favor of placing this item on the ballot and would hope that all Councilmembers would vote in favor of doing so. Councilmember Kerry remarked that a Planning Commission will allow a level of appeal to the City Council; however, that layer can cause delays which will involve more staff time and more of everybody's time to resolve. After some discussion, Councilmember Arnold clarified the statement about "another layer of bureaucracy." She stated that she is interested in a real , Planning Commission and has talked with a number of business people who are in favor of a Planning Commission. The appeal process is not there unless there is a Planning Commission in place and she expressed her support of such a Commission. Councilmember Bowman stated that this could be debated all evening and asked that the Council's purpose this evening should be the decision of placing this item on the ballot. Mayor Age commented that she has talked to facilities managers and others in the Business Park who stated they like dealing with Cypress because they don't have to deal with the bureaucracy. She stated that a Planning Commission has some merit; however, she is not pleased with the cost. She asked the City Attorney if this measure is defeated on the ballot would it be possible to assure a period time before it is brought back. The City Attorney answered that normally one city council cannot bind future councils for any lengthy period of time. After some additional comment, it was moved by Councilmember Bowman and seconded by Councilmember Kanel to place this item on the November ballot and instruct staff to prepare the appropriate documents to present to the Council. Councilmember Kerry stated that she could not support placing this item on the ballot. Mayor Age stated that she would support placing the item on the fl ballot, it is a major issue and the people have a right to voice their opinion. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Arnold, Bowman, Kanel and Age NOES: 1 COUNCILMEMBERS: Kerry ABSENT: 0 COUNCILMEMBERS: None 3 4r~ City Council Minutes June 18, 1990 ORAL COMMUNICATIONS: For Matters Not on the Agenda. The City Attorney mentioned the issue of overnight parking in residential areas and stated that he has reviewed the situation. The state law pre-empts, and therefore limits, what can be done in the area of parking control in the local community. Responding to Councilmember Kanel, the City Attorney stated that he is merely bringing this topic up for information and discussion and to determine if there is a general consensus to proceed with some type of parking ordinance. Councilmember Kerry stated that at this point since we cannot restrict overnight parking for oversized vehicles for any reason, there is no urgency in placing this item on the Agenda. Councilmember Kerry presented a petition from residents around Sumner Place expressing their concern about the specific type of rehabilitation center that might be proposed in their area. Mayor Age asked that copies of the petition be made for the Councilmembers for the next meeting. Councilmember Kanel stated he assumed that the letters received by the various Councilmembers are being referred to staff and being answered on behalf of the Council. Mayor Age requested that copies of letters sent over her signature be supplied to all other Councilmembers. Councilmember Kanel requested that the entire discussion of the Planning Commission be for the record and transcripts supplied to each Councilmember and hearing no objection, Mayor Age so ordered. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. CLOSED SESSION: Mayor Age recessed the meeting at 7:45 p.m. to enable the Council to enter closed session. The meeting reconvened at 8:30 p.m. with all Councilmembers present. ADJOURNMENT: Mayor Age adjourned the meeting at 8:30 p.m. Y OF THE CITY OF CYP ATTEST: i CITY CL ~K 0 HE CITY CYPRESS 4