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Minutes 88-05-23 -- 226 MINUTES OF A REGULAR HEETING OF THE CYPRESS CITY COUNCIL HELD Hay 23, 1988 The regular meeting of the Cypress City Council was called to order at 5:39 p.m. on Honday, Hay 23, 1988, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Hargaret Arnold presiding. PRESENT: Councilmembers Davis, Kanel, Hullen and Arnold ABSENT: Councilmember Coronado, Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson, Assistant City Manager David Barrett and staff members Beardsley, DeCarlo, Eynon and Hurst. ORAL COHHUNICATIONS: Mayor Arnold asked if anyone wished to speak on items on the 5:30 Agenda. Hr. Jim Watson, SDC Development, Newport Beach, advised the audience and Council of their Agreement with Hollywood Park Realty to purchase the Los Alamitos Race Track. He further advised that the purpose tonight was to accomplish two things: acquaint the Council with SDC Development Company and preview some of their plans for developing the Los Alamitos Race Track property and to introduce the first portion of the development plan, which is a proposal to specifically address one of the many issues and concerns that have surrounded this property. He stated that they have entered into agreements with Grace Community Church and the First Baptist Church, both of Los Alamitos. to dedicate a portion of the property to public facilities and open space. Councilman Kanel suggested that this Agenda Item #31, Consideration of Communication Regarding the Church Development on a Portion of the Hollywood Park Property, be advanced, Councilman Davis concurred and hearing no objection, the Mayor so ordered. Pastor Phil Martin, First Baptist Church, 6849 Tahiti Drive, Cypress, commented that this is a church that has met the needs of the community through various programs and requires a larger facility and felt this proposed development was the opportunity. Pastor Mick Ukleja, Grace Community Church, 6486 Bixby Hill Road, Long Beach, said his church needs land to house the ministries and school because of the style of ministry. He felt this facility and the people would be an asset to the community and they will cooperate with the City and SDC in making this a rea 1 ity . He described the proposed plan for the two churches, playing fields and the junior-senior high school. Mr. Watson further advised that SDC Development Company is subsidizing the sale of the land to both Grace Community and the First Baptist Churches, it will be a profit-free project and will be in attendance during the next portion of the meeting to answer any questions. Councilman Mullen expressed his pleasure that SDC was taking a fresh look at this property and is anticipating the ensuing developments. Councilman Davis remarked that the Council was not prepared to discuss specifics regarding the plan and should limit further comment. RECESS: Mayor Arnold recessed the meeting at 6:U7 p.m. The meeting reconvened at 6:15 p.m. with all Councilmembers present as before. PRESENTATION: Police Officer Shari Shovlin presented the members of the City Council with commemorative D.A.R.E. mugs expressing the Department's thanks for the Council's support throughout the year. EXECUTIVE SESSION: At 6:20 p.m. Mayor Arnold called an Executive Session for matters of litigation. COUNCILMAN CORONADO ARRIVED AT 7:11 P.M. 1 City Council Minutes May 23, 198e27 The meeting reconvened at 7:39 p.m~ with all Councilmembers present and staff members present, including Leonard and Lowenberg. PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Kanel. The City Attorney summarized the discussions during the Executive Session on two litigation matters: Hartin vs. The City of Cypress in which settlement authority was requested by the City Attorney; and Hollywood Park vs. The City of Cypress where information was presented to the Council by Co-Counsel Greenberg. The City Manager reviewed the items presented to the City Council during the 5:30 portion of the Agenda. PRESENTATION: The President of the Cypress High School Academic Boosters, Jeannie Beckett, provided the Council with an overview and history of this organization and asked for the continued monetary support from the City Council of a dollar per student. Councilman Mullen requested further discussion of this matter be conducted at the next meeting, with a history of the amount of money allocated and a copy of the letter. ORAL COMMUNICATIONS: Regarding Item #25, McDonald's Drive-thru Restaurant, the applicant asked if this item could be moved up on the Agenda because their presentation is very brief, they are in concurrence with all staff recommendations and have traveled some distance. After discussion, Mayor Arnold polled the Council and the consensus was that the present order of Agenda items be maintained. Ms. Rose Yaillen, 5032 Canterbury Drive, Cypress, requested that additional seating be provided and arrangements were made for extra chairs. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: SORRENTO RESIDENTIAL PLANNED COMMUNITY SPECIFIC PLAN NO. 88-2. GENERAL PLAN AMENDMENT NO. 88-3. AND ZONE CHANGE NO. 88-3 (FORMER TEXACO TANK FARM SITE): Mayor Arnold opened the hearing. The Planning Director recapped the staff report dated May 6, 1988, which indicated that a new application for a specific plan, Sorrento Specific Plan No. 88-2, had been filed. Concurrently, applications were filed for General Plan Amendment No. 88-3 and Zone Change No. 88-3. In accordance with the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) has previously been prepared, certified and considered which addresses the environmental impacts of the proposed project. Therefore, no additional environmental documentation is required. She briefly summarized each of the residential uses and the staff conclusion as outlined in the report. The Planning Director clarified the use of the term "gross" acreage vs. "net" acreage for the record. She advised that in the land use element of the General Plan, which is the policy document for the City, it references density as being determined as gross acreage which is why gross acreage is used instead of net acreage when determining density. If the City Council believed that the benefits of the planned community are an appropriate exchange for an increase in density, staff recommended the Council vote in favor of the project; however, if the benefits do not represent an appropriate exchange for the increase in density, staff recommended that Council vote ayainst the project. She further advised the City Council could continue the project, send it back to staff and have them renegotiate for other items with some policy direction. She stated that conditions of approval, Conditions 7 and 8 have been amended and Condition 2 shall be amended to read as follows: "The specific park dedication requirements including fees and/or improvements shall be resolved by staff prior to the acceptance of the tentative tract map application as complete by the City Planning Department. RECESS: At 8:20 p.m., Mayor Arnold recessed the meeting and at 8:27 p.m., the meeting was reconvened. Mayor Arnold briefly explained the procedure to be followed at a public hearing. She then asked the applicant to comment. 2 228 City Council Minutes May 23. 1988 Mr. Dave Langlois, President of Cypress Homes, Inc., 14 Corporate Plaza, Newport Beach, indicated that the same plan was resubmitted to give the City Council an opportunity to completely address all of the issues and because of agreements that had been reached with other agencies based on the density requested in the original plans. Responding to Councilman Kanel, Mr. Langlois answered that Cypress Homes has agreed to provide the funds to rebuild Landell School for the Cypress Elementary School District. Councilman Kanel stated, for the record, that he was asked by the Mayor to participate on a citizens committee to meet with the Cypress Homes group and perform some evaluation and he did attend one of the meetings. Mayor Arnold asked if anyone wished to speak in support of the application. Ms. Janet Faire, 4551 Larwin, Cypress, presented a petiti~n in favor of the first plan that provides for moderately priced, affordable ~~using. Mr. Bob Nikitin, 5652 Sprague, Cypress, urged the City Council to approve the Sorrento Homes plan as presented. Ms. Gail Kerry, 5196 Edgemont Circle, Cypress, requested that all persons who speak on the development to state whether they have financial ties with Cypress Homes, Inc. or Fieldstone or a subcontractor. She advised that she was a member of the citizens committee, approved of the present plan with several modifications, which she presented to the Council and felt that the density question had not been addressed or resolved. The following people spoke in favor of the Sorrento Homes plan as proposed. Ms. Christine Swain, 5362 Crescent Street, Cypress. Mr. Steve Robbins, 6172 Rosemary Drive, Cypress. Ms. Michelle Perlman, 6633 Fichot Way, Cypress. Ms. Lynn Beteag, Arco, 17315 Studebaker Road, Cerritos. Mr. Ralph Nielsen, 2166 Orangethorpe Avenue, no city given. Mr. Tim Flaming, 5393 Vista Hermosa, Cypress. Mr. Bob Kingsbury, 4117 Avenida Sevilla, Cypress. Ms. Adrienne Forrester, 9671 Graham, Cypress. Mr. Tom Moore, 6633 Show Way, Cypress. Mayor Arnold asked if anyone wished to speak in opposition to the application. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, commented that the City has no obligation to provide low-cost housing to anyone, is opposed to building houses on lots of less than 6,000 square feet and the five year delay on the drainage project. Ms. Mary Jane Wozniak, 4480 Avenida Granada, presented the Council with letters from residents objecting to the high density housing development, provided a video presentation on comparable homes in Irvine that staff had seen and asked if any Councilmembers had visited the homes. Councilman Kanel stated, for the record, that he had visited the development. The following citizens expressed concerns about traffic ~ongestion, the high density issue, development of the property in accordance with the General Plan and Cypress Homes submittal of the same plan. Hr. Chris Madore, 9462 Alderbury Street, Cypress. 11":_'_'_"''';'-' Ms. Carol Cramp, 4345 Avenida Carmel, Cypress. Mr. Bob Bess, 9682 Salisbury Lane, Cypress. Ms. Joyce Nicholson, 6045 Jeffrey Mark, Cypress. Mr. Al Manfrey, 3758 Howard Street, Los Alamitos. Mr. Ray Wozniak, 4480 Avenida Granada, Cypress. Mr. Aaron Barnett, 4555 Maybury Circle, Cypress. Mr. Bob Erickson, 9144 Evergreen Drive, Cypress. Ms. Judy Gilbert, 5791 Roxbury Court, Cypress. Ms. Rose Yaillen, 5032 Canterbury Drive, Cypress. Ms. Alice Rogers, 4219 Dover Circle, Cypress. Ms. Linda Stock, 4558 Chelsea Court, Cypress. Mr. Michael Scully, 9398 Danbury Street, Cypress. Mr. Herman Roethel, 5163 Melbourne Drive, Cypress. 3 City Council Hinutes Hay 23, 1988 Hs. Maureen Solheim, 9572 Sonwell Place. Cypress. Ms~ Mindy Spitzer, 4745 Larwin, Cypress. Mr. Bob Solheim, 9572 Sonwell Place, Cypress. Hr. Joe Frieda, 4473 Via Linda, Cypress~ Hr. Stan Edwards, 4532 Victoria Court, Cypress. , RECESS: Mayor Arnold called a recess at 10:40 p.m. and reconvened the meeting at 10:55 p.m. Hayor Arnold then invited the applicant to return to the podium to speak. Hr. Langlois advised that the issue is the density, he did not appreciate the comments about their integrity and sincerely believed that the plan presented was the best plan for the City. He further advised that the plan presented is simply a different way of planning a subdivision, its a planned community versus a conventional subdivision and relied on more open space and green belt area to produce a broader range of housing. Councilman Coronado commented that the developer should not have returned to the City with the same plan, the same concerns and he supported the RS 6000 lot size across-the-board. Councilman Kanel stated that the basic issue before the Council is the density situation, the property has been zoned that way and responding to a question asked earlier, he has never met with the developer to discuss the project. He further stated that one of the representatives did try to contact him to attempt a meeting, but he did not respond to the call. He had also questioned the submittal of the same plan, does not want to continue the application and is not in favor of the plan as resubmitted. Councilman Hullen agreed with Councilman Kanel, expressed disappointment on the lack of a revised plan and had the applicant done so, the community might have accepted something other than the RS 6000. He stated it appeared that the only acceptable plan for the property was the RS 6000 and he will support that density. Councilman Davis commented that the density issue is not extensive enough; there are ten variances of the General Plan in which there are density concerns and he objects to the deviations from the General Plan in all projects. He further advised that flood control was a concern with a temporary channel for five years, requested more study on this matter from the developer and is not in support of the project. Mayor Arnold expressed her concern about the small lots, the noise factor and the density is too great; however, she would feel comfortable with 5,000 and 6,000 square foot lots and cannot support the plan as presented this evening. After further discussion, the City Attorney advised that action be taken to deny without prejudice, which might provide for fee waivers. It was moved by Councilman Mullen and seconded by Councilman Davis to close the public hearing, adopt the Resolutions by title only, title as follows, denying: 1) the General Plan Amendment No. 88-3, 2) Specific Plan No. 88-2, Sorrento Residential Planned Community Specific Plan, and 3) Zone Change No. 88-3, redesignating the former Texaco Tank Farm site as PC-25A, Planned Community Residential PC-7, without prejudice and a waiver of fees. Mr. Langlois, the developer, apologized for misreading the sense of the Council; however, he appreciated the opportunity to come back and agreed to a denial without prejudice. RESOLUTION NO. 3396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING GENERAL PLAN AMENDMENT NO. 88-3. RESOLUTION NO. 3397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING SPECIFIC PLAN NO. 88-2, SORRENTO RESIDENTIAL PLANNED COMMUNITY SPECIFIC PLAN. The motion unanimously carried by the following roll call vote: 4 City Council Hinutes May 23, 1988 AYE S : 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold NOES: 0 COUNCIlMEMBERS: None ABSENT: 0 COUNCIlMEHBERS: None Due to the lateness of the hour and with the consent of the Council, Mayor Arnold continued the following Agenda items to Tuesday, May 24, 1988 at 7:30 p.m. Consideration of Award of Contract for One Street Sweeper, Request for "'"4ilI Quotation No. 8788-44. Consideration of Award of Contract for One Lap Top Computer, Request for Quotation No. 8788-45. Consideration of Award of Contract for Traffic Count Service, Request for Quotation No. 8788-48. Consideration of Award of Contract for Palm Tree Removal, Request for Quotation No. 8788-49. Consideration of Contract Renewal for Weed Abatement for Fiscal Year 1988/89. Consideration of Award of Contract for the Construction of Volleyball and Shuffleboard Courts and the Renovation of the Food Service Room at Arnold/Cypress Park, City of Cypress Project No. 8721-90. Consideration of Award of Contract for a Secretarial Work Station. Consideration of Award of Contract for Annual Bus Transportation Contract, Request for Quotation No. 8788-47. All Consent Calendar Items Continuation of Consideration of Public Hearing Re: Zone Change/Pre- Zone No. 88-1, Area North of the Cypress City Boundaries and South of the La Palma City Boundaries. Consideration of Public Hearing Re: Amendment to Zoning Ordinance No. 88-1 and Zone Change No. 88-5, Farm Animal Overlay Zone for Specific Parcels in the Proposed Annexation Area Located North of the Cypress City Boundaries and South of the La Palma City Boundaries. Consideration of Public Hearing Re: Conditional Use Permit No. 88-8 and Variance No. 88-3, McDonald's Drive-thru Restaurant, 10115 Valley View Street. Consideration of Public Hearing Re: Amendment to Specific Plan No. 82-1 and Parcel Map No. 88-170, McDonnell Douglas Realty CO./Mitsubishi Electric Sales of America, Inc. - Northeast Corner of Katella Avenue and Walker Street. Consideration of Public Hearing Re: Tentative Tract Map No. 13328, 6- Lot Single-Family Residential Subdivision, 4342 Acacia Street. Consideration of Public Hearing Re: Conditional Use Permit No. 88-9, 8 Apartment Units, 9711 Graham Street. Continuation of Consideration of Cypress Chamber of Commerce's Contract. 1IIir"~1'+~, Continuation of Consideration of Reinstituting a Planning Commission. Consideration of Communication Regarding the Church Development on a Portion of the Hollywood Park Property. Consideration of Urgency Ordinance to Amend the PERS Safety Retirement Plan to Provide Section 21380-87 - 1959 Survivor Benefit, Including 21382.4 (Third Level of 1959 Survivor Benefit). Consideration of Council Meeting Videotape Document Status and Replay Policy and Implementation. S r /l ~ / ~j -- 0' <:~,. l (:; City Counc i 1 Hi nutes Hay 23, 19B!31 . Cons i derat i on of Vacanci es to, be Fill ed for the Redevelopment Project Area Committee. . Consideration of Re-scheduling of Budget Workshop. Consideration of Re-Consideration of Placement of "Oral & Written Communications - Not on the Agenda" Section on the Agenda for City Council Meetings. Consideration of Approval of Commercial Warrant List for Warrants No. 26423 - 26654. Cypress Redevelopment Agency Hatters. ADJOURNMENT: Hayor Arnold adjourned the meeting at 11:33 p.m. ATTEST: .;< 1 . (: (/ J '~ < 6' . Lz. .;'{' ;II "11-/ ) CITY CLERK OFJTH CITY OF ~PRESS 6