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Minutes 81-03-30MINUTES OF AN ADJOURNED REGULAR ~ETING OF THE CYPRESS CITY COUNCIL HELD March 30, 1981 ~e adjourned regular meeting of the Cypress City Council was called to order at 7:05 p.m. on Monday, March 30, 1981 in the Administrative Conference Room of the Cypress City Hall, 5275 Orange Avenue, Cypress, California, Mayor Vickie Evans presiding. PRESENT: ABSENT: Councilmembers Coronado, Mullen, Rowan and Evans Councilman Lacayo The Assistant City Manager requested authorization from the Council for an expend- iture of funds which were allocated at the March 23 Co~mcil meeting for community promotion relating to Cypress' 25th birthday celebration. He reported that Cypress College planned to publish a special newspaper edition for its 15th anniversary and had requested the City to place an ad.' Staff recommended that the City purchase a quarter-page ad, at a cost of $250.00, to congratulate the College on their anni- versary and to advertise the City's 25th anniversary. COUNCILMAN LACAYO ARRIVED AT 7:06 P.M. The City Council approved the publication of the quarter-page ad in the Cypress College special newspaper edition and an expenditure in the amount of $250.00, expressing the Council's congratulations to the College and requesting them to share in the City's 25th birthday celebration. Mr. Davenport requested an Executive Session for matters of personnel and litiga- tion. Councilman Rowan requested that an item be added to the agenda concerning trans- mittal of Mailograms to President Reagan and other persons involved in the recent assassination attempt. It was moved by Councilman Rowan, seconded by Councilman Coronado and unanimously carried to request staff to send mailograms to President Reagan and other members of his party who were injured in the assassination attempt on March 30, expressing the Council's condolences and their support. CONTINUATION OF PUBLIC HEARING RE: SPECIFIC PLAN S.P. #81-1, REVIEW OF CYPRESS CORPORATION CENTER MASTER PLAN (SOUTH OF KATELLA BETWEEN VALLEY VIEW & KNOTT STREETS): The Planning Director reported that since the February 23 Council meeting when this matter was last considered, the applicant had submitted a compromise proposal for their property which called for reserving a portion of the property ( the westerly 30 acres of the parcel) for a period of two years for future commercial use in exchange for the developer being allowed to proceed with the industrial portion of the development. Mr. Lamm transmitted a letter to the Council from Cypress Land Company dated March 30, 1981, which outlined their proposal. Mr. Richard Meyer, representing Cypress Land Company, summarized their proposal as outlined in the letter. Their proposal called for an agreement between the City and Cypress Land Company, pursuant to recently enacted A.B. 853, designed to allow the City and developer to enter into a contract which deals with the specific problems that are raised by a particular development. Mr. Meyer indicated the agreement was drafted based upon recommendations of the League of California Cities. According to the agreement, he reported that Cypress Land would, at the end of two years, develop retail commercial on the 30 acres or less acreage accor- ding to the market demand. The developer would provide whatever documentation is requested by the Council as evidence of their "reasonable effort" to seek retail commercial development. Mr. Meyer requested that the Council provide an exact figure on how much revenue it expects their development to generate, so that Cypress Land will have a definite goal to work towards. Mr. Meyer stated their proposed agreement would provide them with protection that they may proceed with their plans in the event that there is a change of persons on the City Council. He indicated that two years was also requested because it would be an off-election year for the Council. City Co~mcil Minutes March 30, 1981 The City Attorney discussed the agreement proposal and stated its intent was to address the problems apparent in developing such a large project as proposed by Cypress Land Company and the agreement would provide both the City a~ld developer with a wide range of £1exibility to address the problems. He state8 the agreement could address who pays for what costs, a timetable for development~ and the nature o£ the zoning, tie stated the Cot~ncil could freeze the zoning or agree to change it at some time to be determined. Mr. Murphy reported that the legislation does not require the stipulation that the developer show "reasonable effort"; this clause was introduced by the developer as assurance to the Council. Mr. Murphy indicated staff did not know whether such an agreement would be enforceable in court. Councilman Lacayo inquired as to how long it would take to complete the street improvements in the project. Mr. Meyer reported it would take about eight months to complete Hope Street and Corporate Center Drive, and a total of three years to complete the remaining street improvements of full street width, curb, gutter and street lights. The Planning Director reported that staff had not intended that the streets be maintained as private streets. Councilman Lacayo requested a report From the Public Works Director on the costs involved in dedicating the streets to the City. Sta£f reported that a street maintenance assessment district could be established. An annual assessment could be determined by the City; the assessment would not be a fixed lien. Each year the Council would determine whether to impose the assessment, and the assessment could be waived, according to the economic conditions. The Councilmembers were of the consensus that the two years was too short a period of time and indicated they felt that during this time there would not be substantial changes in the property or economy. Councilman Lacayo felt the reservation period should not coincide with a Council election year. The City Attorney stated the agreement period could be for a longer time period, such as 10 or 20 years. Mayor Evans felt the applicant's proposal did not provide the City with any guarantees and that the burden for street maintenance was being placed on the City. She felt commercial uses which would benefit the industrial area were necessary, such as quality restaurants and hotels. Councilman Coronado suggested that the City hire a public relations person to work with the developer in marketing the property. Mr. Brian ttarvey stated the applicant would welcome such assistance and would like to cooperate with the City. It was moved by Com~cilman Mullen and seconded by Councilman Lacayo to continue the public hearing. Councilmembers Mullen and Lacayo then withdrew the motion and second. Councilman Lacayo requested that staff report on the legal ramifications relating to the applicant's proposal and that staff also evaluate the positive and negative aspects of the proposal. Mayor Evans indicated that the City Attorney planned to report on the general procedures for adopting a development agreement between the City and a developer. It was moved by Councilman Lacayo, seconded by Councilman Mullen and unanimously carried to direct staff to schedule a public hearing for April 27, 1981 to consider the general procedures for adopting City/developer agreements. It was moved by Councilman Mullen, seconded by Councilman Coronado and unanimously carried to continue the public hearing regarding Specific Plan #81-1 to the April 27, 1981 Council meeting, and request a staff report evaluating the proposal submitted by Cypress Land Company. RECESS: Mayor Evans called a recess at 8:50 p.m. ~e meeting was called back to order at 9:00 p.m. with all Councilmembers present. SECOND READING OF ORDINANCE RE: AMENDMENT TO PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT: It was moved by Councilman Mullen and seconded by Councilman Coronado to adopt the Ordinance by title only, title as follows: ORDINANCE NO. 676 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AllTttORIZING AN AMENDb~ENT TO TIlE CONTRACT BETWEEN THE CITY CO/JNCIL AND THE BOARD OF ADMINISTRATION OF TttE CALIFORNIA PUBLIC EblPLOYEES' RETIREMENT SYSTEM. -2- City Co~cil Minutes March 30, 1981 The motion unanimously carried by the following roll call vote: AYES: NOES: ASSENT: S COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCIL~MBERS: Coronado, Lacayo, Mullen, Rowan & Evans None None The Assistant City Manager reported on the action of the Anaheim Union High School District Board of Trustees at their March 26 meeting concerning the Oxford Jr. tligh School site. Me reported the Board had selected Education Code Section 39470 as the method under which they would proceed, which would allow joint use of the Oxford site. EXECUTIVE SESSION_: blayor Evans called an executive session at 9:10 p.m. to discuss litigation matters relating to this item. The meeting was called back to order at 9:30 p.m. with all Councilmembers present. The Council requested staff to transmit a letter to the School Board thanking them for their action and requesting a meeting as soon as possible between the City Council committee and a com~nittee from the School Board. Councilmembers Evans and Mullen agreed to serve on the committee and Councilman Lacayo stated he would serve as an alternate. Mr. Robert Bess, 9682 Salisbury, Cypress, stated he would send a letter to the City Council thanking them for their responsiveness to the needs of the community. .~4r. Bess felt the Anaheim School Board had showed a sensitivity to the community's needs and indicated he was pleased that the open space would remain at the Oxford site. Mr. R. R. Roberts, 9842 Via Sonoma, Cypress, thanked the Council for supporting the requests of the community. He indicated he would support the City sub-leasing the Oxford facilities for sports league use. Mr. Roberts indicated that there was a segment of the community who were concerned over the lease of Landell School to a private church organization. Mrs. Barbara Johnson, 5247 Hanover Drive, Cypress, inquired about the City's inten- tions for the Oxford property. She reported that residents on Hanover experience a parking problem in front of their homes. Mayor Evans advised that the Council was interested in retaining the open space for league use. She indicated that major improvements to the property by the City or Park District would be financially infeas'ible. Mr. Earl Beck, 6127 James Alan, Cypress, asked if funds were available in the City budget to lease the Oxford site. The Council advised him that no funds were ear- marked for a lease and the Council had made no commitment to a lease. The Council ind'lcated that a trade-off arrangement was possible where the City could maintain thQ property in exchange for a lease, the City could impose service fees, or tax ip,crement funds generated by the Redevelopment Agency could be used to lease property for a public use. Mayor Evans reported that the Cypress Rotary Club had requested a letter from the City Council to present on the Rotary members' trip to Japan, and she provided the Council with a copy of the letter. The Council approved the draft of the letter. Councilman Mullen indicated he supported an exchange of courtesies but that he would not favor an expenditure of City funds for exchange visits. The City Council also approved the draft letter to be mailed to community organi- zations soliciting their support and participation in the City's 2Sth birthday celebration activities. EXECUTIVE SESSION: Mayor Evans called an Executive Session at 10:00 p.m. to discuss personnel matters. The meeting was called back to order at 10:02 p.m. with all Councilmembers present. ADJOURNMENT: Mayor Evans adjourned the meeting at 10:02 p.m. to Monday, April 6, at 6:00 p.m. in the administrative conference room. MAYOR OF THE CITY OF CYPRESS AT~I~ ST: CLERk