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Minutes 76-08-24MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 24, 1976 The adjourned regular meeting of the Cypress City Council was called to order at 7:45 p.m. on Tuesday, August 24, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: Councilmen Harvey, and MacLain ABSENT: None Hudson, Lacayo, Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: Bryant, Dunlap, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: The Recording Secretary led the pledge to the flag. ORAL COMMUNICATIONS: Mayor MacLain asked if anyone wished to speak in regard to any matter which was not on the agenda. No one wished to speak. STAFF REPORTS & DISCUSSIONS: The City Manager reported that in order to implement the program for both rubbish and sewer charges and to have them placed on the water billing the second reading of the ordinance must be made prior to September 1. He recommended that the ordinance be considered at a special meeting held before September 1. The Council decided to consider the ordinance on Saturday, August 28. CONTINUATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT ~76-1, ARLAN PROPERTY: Mayor MacLain reopened the public hearing which was continued from August 10 and asked for staff's report. the The City Manager reported that staff has completed their presentations on this matter. He reported the City received a communication from the Chamber of Commerce Arlan Property Committee dated August 18 which is on file in the City Clerk's office. The letter outlined the Committee's concerns regarding phasing of development and suggested guarantees to ensure commercial and industrial development. Mr. Howard Rowen, 5831 Shirl Street, Cypress, briefly explained his position as a member of the Cypress Citizens' Association and as a citizen as well as his feelings towards his service with the Navy. He presented comments in rebuttal to discussion at the August 10 meeting. The Council held discussion regarding the environmental impact report and Mayor MacLain felt the EIR was adequate and should be approved. Councilman Harvey pointed out that each phase of development would require that a separate environmental impact report be filed and he indicated he felt the EIR was adequate. It was moved by Councilman Harvey and seconded by Councilman Lacayo to close the public hearing regarding the Environmental Impact Report for the Arlan Property and accept the EIR as adequate and fulfilling the requirements of City Resolution City Council Minutes August 24, 1976 #1584. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju The Planning Director outlined the guarantees for development recommended by the staff which were contained in the Adminis- trative Coordinating Team's Report on the Arlan Property. The Mayor asked if anyone wished to speak in regard to General Plan Amendment #76-1. There were no further speakers. The Council discussed the development guarantees outlined in the letter from the Chamber's Arlan Property Committee and the City Manager pointed out that they were in accordance with staff's recommendations. The City Attorney stated the restrictions as recommended by the Chamber could be enforced by the City. The Planning Director described the phasing program as recommended by the Team. The Council discussed Phase I development and felt Areas 5, 9 and half of 10, including all off-site and on-site public improvements and substantial portions of commercial/industrial areas, should be completed prior to the construction of any Phase II residential devel- opment. The Council also held considerable discussion regarding the impact of Los Alamitos Air Station on the property. Mayor MacLain stated she did not support 164 acres of resi- dential development proposed south of Katella in Phases I and II and she felt Area 6 should retain its present designation of industrial. She stated she did not agree with several of the guarantees. Councilman Hudson stated he concurred with the Mayor's statements. RECESS: Mayor MacLain called a recess at 10:15 p.m. The meeting was called back to order at 10:35 p.m. with all Councilmen present. Mrs. Christine Luster, 6319 her reasons for moving into to act in the best interest their decision. Dominica, Cypress, discussed the City and asked the Council of all the citizens in making Councilman Harvey stated for the record that he wished the following letter read into the record. The letter is dated July 8, 1976 to Mr. Roy McNeil, representing the property owner, from Mr. Rolf Wheeler, Safeway Stores, Inc., regarding a proposed store site at the northwest corner of Katella and Knott Avenue: Dear Mr. McNeil: We have completed our review of the subject location and we believe that, if the development plan for the Arlan Property approved by the Planning Commission is adopted by the City Council and certified by the residents of Cypress, the location would not be an appropriate one for Safeway. The adoption by the Planning Commission of a land use mix providing for resi- dential use of only 164 acres out of the 519 acres within the planning area will not increase the population base within the trade area sufficiently to sustain another major market on the intersection. A population increase of no more than 3,000 persons will not result in the generation of sufficient additional food expenditures to produce sales in the $8,000,000 per year range necessary to sustain an investment by Safeway in the location. We appreciate your submitting the property 2 o City Council Minutes August 24, 1976 to Safeway for our review and we look forward to working with you on other locations in the southern California area. In the event that the development plan adopted by the Planning Commission is rejected and one calling for substantially more residential development is adopted, we would very much appre- ciate the opportunity to include the location in our new store development program. Hearing no objections, the Mayor announced the meeting would continue until 12:00 a.m. Councilman Hudson stated for the record that the author of Plan H, Mr. Hulse, indicated he was not a planner and did not submit the plan as definitive but submitted it because the EIR Citizens' Review Committee and Planning Commission did not consider a mix of commercial and industrial use and his attempt was to arrive at some figures to stimulate the Council to consider such a mix. He stated Mr. Hulse did not pretend the plan was workable and only asked for an evaluation of data which was not previously evaluated. Councilman Hudson did not feel there was a plan that everyone would agree upon. It was moved by Councilman Hudson and seconded by Mayor MacLain to close the public hearing and reject General Plan Amendment #76-1. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: Hudson and MacLain NOES: 3 COUNCILMEN: Harvey, Lacayo and Sonju ABSENT: 0 COUNCILMEN: None It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to close the public hearing and approve General Plan Amendment #76-1 with the conditions that Area 6 be given an industrial designation and that Phase II include the submittal of financial plans guaranteeing off-site improvements. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, Sonju and MacLain NOES: 2 COUNCILMEN: Harvey and Hudson ABSENT: 0 COUNCILMEN: None Mr. Louis Warschaw, 417 S. Hill, Los Angeles, California, representing the property owner, thanked the Council and staff for their hard work on this project but indicated the owner was not interested in pursuing the matter any further. Councilman Lacayo requested that the Council reconsider the previous motion and stated he wished to withdraw his motion. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to reconsider the previous motion. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to continue the meeting until 12:30 a.m. RECESS: Mayor MacLain called a recess at 12:05 a.m. The meeting was called back to order at 12:10 a.m. with all Councilmen present. Mr. Louis Warschaw, 417 S. Hill, Los Angeles, stated he was willing to trade Area 6 for Areas 9 and 11. This would place the industrial area north of Katella Avenue and the residential areas south of Katella and outside the noise hazard zones. The Mayor stated she objected to this proposal. It was moved by Councilman Hudson and seconded by Mayor MacLain to adjourn the meeting. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: Hudson and MacLain NOES: 3 COUNCILMEN: Harvey, Lacayo and ABSENT: 0 COUNCILMEN: None Sonju City Council Minutes August 24, 1976 It was moved by Councilman Harvey to adjourn the meeting to August 26 at 7:30 p.m. The motion died for lack of a second. It was moved by Councilman Harvey and seconded by Councilwoman Sonju that the Council reconsider this item at another time and that the meeting be continued to Thursday, August 26 at 7:30 p.m. Councilman Lacayo stated he opposed the motion because he wanted to resolve the matter at this time. Council- man Harvey withdrew the motion. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and carried to continue the meeting to 1:00 aom. It was moved by Councilman Hudson and seconded by Mayor MacLain to close the public hearing and receive and file the matter. The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILMEN: Hudson and MacLain Harvey, Lacayo and Sonju None Mayor MacLain moved to close the hearing and approve General Plan Amendment #76-1. The motion died for lack of a second. EXECUTIVE SESSION: Mayor MacLain called an Executive Session for matters of litigation at 1:05 a.m. The meeting was called back to order at 1:10 a.m. with all Councilmen present. MAYOR MACLAIN LEFT AT 1:15 A.M. The Council agreed to continue the public hearing regarding General Plan Amendment #76-1 to Friday, August 27 at 9:00 a.m. ADJOURNMENT: It was moved by Councilman Harvey, seconded by Councilwoman Sonju and unanimously carried to adjourn the meeting at 1:25 a.m. to Friday, August 27, 1976 at 9:00 a.m. MAYOR OF TH~ CITY OF CYPRESS ATTEST: CITY~ CLERK OF ~HE CITY OF CYPRESS