Minutes 76-07-06MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
July 6, 1976
The adjourned regular meeting of the Cypress City Council
was called to order at 7:35 p.m. on Tuesday, July 6, 1976
in the Cypress City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Alice MacLain presiding.
PRESENT:
ABSENT:
Councilmen Harvey,
and MacLain
None
Hudson, Lacayo, Sonju
Also present were Assistant City Manager Doug Dunlap, attorney
David Colgan, and the following City staff members: Barrett,
Hawley, Powell and Schatzeder.
PLEDGE OF ALLEGIANCE: Mr. David Colgan led the pledge to
the flag.
ORAL COMMUNICATIONS: Mayor MacLain asked if anyone in the
audience wished to speak in regard to any matter not on the
agenda. There was no one wishing to speak.
At Councilman Lacayo's request, Mayor MacLain placed Item 93
on the agenda regarding the landscaping program for Mervyn's.
Councilman Lacayo stated he received a letter from a resident,
Mr. Don Kennedy, who expressed concern over the adequacy of
the landscaping separating the Mervyn's store and the single-
family homes to the west. Councilman Lacayo asked for a status
report on the problem.
The Planning Director presented the plot plan and landscaping
plan for Mervyn's, located in the Cypress East Shopping Center
at Valley View and Ball Road. He described the landscaping
plan and stated trees (Eucalyptus) were required 15 feet on
center adjacent to Mervyn's. A six-foot-high wall separates
the residential and commercial developments. Mervyn's con-
structed a curb offset three feet from the wall which acts as
a reinforcement to the wall. The paved area between the curb
and wall along the Mervyn's store is at a 3 to 1 slope although
the slope is less farther north of the store. Mr. Hawley
stated this item was discussed at the July 1 Planning Commis-
sion meeting and the developer agreed to meet with representa-
tives of the property owners on July 8 to work out a solution.
Councilman Lacayo requested that this item remain on the agenda
and that the Planning Director report on the results of the
meeting at the July 12 Council meeting.
At Councilman Lacayo's request, the Mayor added Item ~4 to
the agenda regarding the recent increase in assessed valuation
of property in Cypress by the tax assessor.
Councilman Lacayo stated he was concerned that the recent increase
in assessed valuation would result in revenues which exceed the
City's needs and he felt a review was necessary of the City's
tax rate and those of special districts to determine if there
might be a reduction in these tax rates as a result of the
increased valuation. He requested that the staff evaluate the
situation and submit a report to the Council.
City Council Minutes July 6, 1976
Hearing no objections, the Mayor took Item #2 out of order.
CONSIDERATION OF PROPOSAL FOR LIABILITY INSURANCE ADMINIS-
TRATION: Mr. Dunlap summarized a report from the Administra-
tive Coordinating Team dated July 1 which described two
proposals from claims adjusting firms for insurance claims
administration. Team's analysis found the proposal of Carl
Warren and Company of Santa Ana best meets the requirements
of the City and District's self-insurance program.
It was moved by Councilman Hudson and seconded by Councilman
Lacayo to award a contract to Carl Warren and Company for claims
administration services, as outlined in the Team's report, at
an amount not to exceed $1,700, and adopt the following Resolu-
tion by title only, title as follows:
RESOLUTION NO. 1737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CYPRESS ESTABLISHING THE NECESSARY AUTHORITY
FOR THE CLAIMS ADMINISTRATION FIRM DESIGNATED
BY THE CITY TO SETTLE OFFICIALLY FILED LIABILITY
CLAIMS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo,
Sonju and MacLain
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
PUBLIC HEARING RE: GENERAL PLAN AMENDMENT #76-1~ ARLAN PROP-
ERTY: Mayor MacLain announced that this was the time and
place to conduct the public hearing regarding General Plan
Amendment #76-1 for the Arlan Property. She declared the
hearing open and asked for the staff's report.
Councilman Harvey suggested that the Council establish an
adjournment time for the Arlan property public hearings since
there will be more than one hearing.
It was moved by Councilman Lacayo, seconded by Councilman
Harvey and unanimously carried to establish a 10:00 p.m. ad-
journment time for the Arlan public hearings to be held on the
first and third Tuesdays of the month.
The Planning Director gave a summary of the past planning and
zoning activities on the Arlan property which is contained in
the Administrative Coordinating Team's report. He then intro-
duced Mr. Kaleb Nelson of Envista, the firm which prepared the
environmental impact report. Mr. Nelson stated some of the
information in the EIR is outdated since it was submitted
in December, 1975 but that the information regarding traffic,
noise, economic factors and capital improvements is adequate
for a comparison of the various development plans. Mr.
Nelson reported briefly on the impacts of the four development
plans on noise, traffic, capital improvements and the City's
tax rate. The Planning Director presented a memorandum dated
June 23 which reported on the Planning Commission's approval
on June 3 of a development plan, phasing program and imple-
mentation program for the Arlan property and their acceptance
of the adequacy of the EIR. He described differences in
land use designations between the Planning Commission's
and applicant's development plans. Mr. Nelson stated they
did not make a complete economic analysis of Plan D but
would complete one for the next meeting.
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City Council Minutes July 6, 1976
RECESS: Mayor MacLain called a recess at 8:50 p.m. The meeting
was called back to order at 9:10 p.m. with all Councilmen present.
Mayor MacLain asked if anyone wished to speak in regard to the
EIR.
Mr. George Morita, 9852 Sunny Circle, Cypress, stated it was
the Council's duty to represent the residents and if they do
not they should be removed from office. He felt the residents
of Cypress indicated they wished the Arlan property to retain
its industrial designation and he supported industrial devel-
opment on the Arlan property. He stated the City needs commer-
cial and industrial development to support the City and lower
taxes. He felt that any data presented by the staff, consultant
or developer could be interpreted by them in such a way
as to satisfy their needs.
Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt the
economic impact of the development plans was not addressed
in the EIR and he stated the Planning Commission did not
seriously consider Plan H, which is the only plan he supports.
Plan H, proposed by a resident, includes a mixture of commer-
cial and industrial uses. Mr. Hardcastle stated Plan H
would reduce the City tax rate in 15 years to $ .27. He
felt the four development plans analyzed by the consultant
would not help reduce taxes. He stated the EIR contained
many inaccuracies.
The Planning Director stated that full documentation accom-
panying Plan H would be presented at the next meeting when
the land use alternatives are discussed. Mr. Nelson stated
the economic analysis showed how the three development plans
would affect a typical tax bill.
Mr. Hardcastle asked if a single-family property owner could
request a zone change for his property or request a General
Plan amendment. The staff advised him that he could request
a zone change for his property and that the City Council
could deny a request for a General Plan amendment. Mr.
Hawley stated there were no State law guidelines requiring
that only the owner of property may request a General Plan
amendment. Mr. Hardcastle asked that an analysis be made
of a development plan which includes industrial and as much
commercial development that traffic can bear.
Mr. Howard Rowen, 5831 Shirl Street, Cypress, asked that
two other alternatives be analyzed: Plan H which consists
of industrial and commercial uses, and the plan which econ-
omically would represent the highest and best use for the
property.
Councilman Lacayo asked that the consultant run a computer
model for the next hearing on what combination of land uses
would produce the highest net revenue to the City. He asked
if the uses contained in the plans thus far were realistic
uses with a potential market in Cypress. Mr. Nelson stated
the consultant could run such a plan using the land uses which
have been introduced up to this time but excluding the uses in
Plan H. He stated the only missing information is what is the
upper limit on retail commercial uses.
Mr. Larry Wuebker, 8661 Acacia Drive, Cypress, felt the
EIR was satisfactory for the present but will soon become
obsolete because of the changing market of supply and demand
for land. He felt at the time a plan is to be implemented
and voted on by residents that many projections will be
irrelevant. He felt the Irvine Company's industrial complex
in Garden Grove may slow down or act as a catalyst for indus-
trial development in surrounding areas and felt the situation
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City Council Minutes July 6 , 1976
can change drastically in a short period of time. He stated
the residential housing situation is questionable because
of rapidly increasing assessed valuations. He felt Arlan
property development will increase other property values
in the City. He felt Cypress is a unique city since it
is one of the few with remaining vacant land, the Arlan
property can be plan developed and Cypress has a favorable
location close to freeways and Los Angeles County.
Mr. John Gregan, 4175 Dover Circle, Cypress, felt the finan-
cial figures in the EIR should not be relied on too heavily
since they were loose figures and the figures changed in
the first and revised draft EIR. He felt two areas which
were not adequately addressed in the EIR related to schools
and public safety. He stated the EIR does not address the
problem the potential development is creating for schools
and bussing. The EIR states that children generated by devel-
opment will not overcrowd schools because of declining enroll-
ments in other areas of the City. He pointed out that children
from the Arlan property would then have to be bussed to
schools which can accommodate them. Mr. Gregan stated the
EIR ignores the question of public safety and does not address
the City's liability if housing is placed near the runways
of Los Alamitos Air Station in crash hazard areas. He
stated increased air operations at Los Alamitos will result
in condemnation of homes and the EIR does not address the
City's financial responsibility in this area.
Councilman Lacayo asked that the consultant respond to
Mr. Gregan's questions at the next hearing so that the
information is a matter of public record.
ADJOURNMENT:
It was moved by Councilwoman Sonju, seconded by Councilman
Lacayo and unanimously carried to adjourn the meeting at
10:00 p.m. to Monday, July 12 at 6:30 p.m. and continue the
public hearing regarding General Plan Amendment #76-1, Arlan
property, to Tuesday, July 20, 1976 at 7:30 p.m.
A OR OF THE~iTY OF CYPRESS
ATTEST:
C~T~-CLER~ OF THE CiTY OF CYPRESS