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HomeMy WebLinkAboutPCDC Minutes 08/12/1976M I N U T E S PROJECT AREA COMMITTEE OF THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION August 12, 1976 The meeting was called to order by chairman Dick Lieb at 5:10 p.m. The purpose of the meeting was to vote on whether or not to have eminent domain powers retained by the Community Development Commission. Present at the meeting were Gary Baldwin, Jack Gallager, Caroline Geiger, Ed Hansen, Dick Lieb, Bill Naye, Fred Schram, Bob Stimson. Dan Peterson, and Jeffrey Harriman. Chairman Lieb explained that there was not a quorum at the meeting of August 11, 1976 and the Project Area Committee felt that it was necessary that a majority of the members come together for discussion and voting purposes. Several members spoke in favor of supporting a plan to eliminate the Commission's powers of eminent domain. Ed Hansen and Jack Gallager spoke in favor of eliminating them from the plan. Jeffrey Harriman spoke if favor of retaining the Plan as it was and did not see a need to water down the Plan. He assumed that since many people opposed to the Plan did not favor any kind of redevelopment even if the Plan were changed, few people in opposition would change their minds about having redevelopment if concessions were made. Dan Peterson explained that the Seattle experience was to get the property owners to comply instead of using condemnation. The City then would complete the Project if a property owner did not comply and place a lien on that property. Walter Kieckhefer had spoken with Janie Warman earlier and asked that she give his views to the committee. She explained that Mr. Kieckhefer did not want to -be a party of allowing small owners to "fleece" the City. He felt that the City or the Committee would be criticized at a later time because of this. Bob Stimson moved to leave the power of condemnation in the Redevelop- ment Plan but to take it out of the Rules. Jeff Harriman seconded the motion. Ed Hansen explained that the proxy votes would be lost if the motion were made in this way because the people who were not in attendance did not have prior knowledge of this wording of the motion. Bob Stimson withdrew his motion; Jeff Harriman withdrew his second. Bob Stimson then moved that the PAC accept the Redevelopment Plan as written with no changes. Jeff Harriman seconded the motion. There was a question of the terminology and the motion was repeated. With ten members present and four proxy votes the vote was six in favor of the motion and eight opposed. Since that motion was defeated, Bob Stimson then moved that the PAC approve the Plan with eminent domain powers deleted from both the Plan and the Rules for Owner Participants. Under the Redevelopment Plan, page 10, paragraph one, "Authority": the last sentence of that paragraph would be deleted. The first sentence would read: "Under the authority given to it by the Community Redevelopment Law, the C.D.C. may acquire, but is not required to acquire, any real property located within the boundaries of the Project Area, by gift, devise, exchange, purchase or any other lawful methods, except eminent domain." Page 11 of the Plan would then read under "5. Personal Property . Generally, personal property shall not be acquired. However, where necessary in the execution of the Plan, the Q.D.C. is authorized to acquire personal property in the Project Area:by any lawful means except eminent domain." Changes in the Rules: page five, paragraph four would be deleted altogether. Insert instead: "Both parties shall have the right to enforce the contract by any lawful means except eminent domain." Ed Hansen seconded the motion. There was a comment that if these changes were made no additional public hearing would be needed. An ammendment would be made on the second reading of the Ordinance. Fred Schram commented that many of the people of the Project Area Committee are very much in favor of revitalizing the downtown area and they are anxious to make whatever compromises are needed in order to achieve that goal. The vote was taken. In favor of the motion were: Jack Gallager, Gary Baldwin, Caroline Geiger, Ed Hansen, Dick Lieb, Bill Naye,. Fred Schram, Bob Stimson, Dan Peterson, and Jeff Harriman. Absentee votes in favor of the motion were Americo Gervasoni, Harry Sackrider, Herold Mahoney, and Wallace Lourdeaux. The proxy no vote was by Walter Kieckhefer. One abstention vote was by Joan Paddor because the PAC felt that they did not know exactly how she would have voted after the discussion. The motion carried and the Project Area Committee decided to adjourn until further action by the C.D.C. Staff representative was instructed to alert the Commissioners to the PAC actions and recommendations and try to obtain their recommendations on the next agenda of the regular meeting of the C.D.C. The C.D.C.'s next meeting will be the second Monday of September - Sept. 13. The PAC further decided to wait to contact property owners until a decision is reached by the C.D.C. on the eminent domain question. Ms. Warman was also asked to notify the other Project Area Committee members who were not in attendance and to try to obtain their views. The meeting was adjourned at 5:45 p.m. Respectfully submitted, Caroline Geiger 2 -