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Minutes 88-11-01 1/- / / 380 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 1, 1988 Mayor Arnold called the adjourned regular meeting of the Cypress City Council to order at 7:06 p.m. on Tuesday, November 1, 1988 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: Councilmembers Coronado, Davis, Kanel, Mullen and Arnold ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry Patterson and staff members Beardsley, DeCarlo, Eynon, Hurst, Leonard and Lowenberg. PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Kanel ORAL COMMUNICATIONS: For Matters Not on the Agenda.' Ms. Christine Swain, 5362 Crescent Street, Cypress, voiced the complaint that residents were not notified there would be a discussion on zoning along with the hearing on the 42 unit proposed apartment complex on Walker and Watson. No additional matters were presented. ORAL COMMUN ICATIONS: For Clarification of Matters on the Agenda. None were presf'nted. Mayor Arnold advised there have been lengthy discussions with several people regarding tonight's Agenda item and the primary group is the City of Los Alamitos. She then turned the discussion to the City Attorney for the possibility of a continuance of this issue to tomorrow night. Councilman Karlel asked for oral reports from the City Manager and the City Attorney. The City Attorney stated he had been assigned to handle the settlement negotiations regarding SDC, there has been suggested/threatened litigation from various sources and we have entered into negotiations. He advised meetings havl' been held with the City of Los Alamitos as a result of the Council's agreement to defer the decision on the EIR and we have come close to reaching an agreement; however, it will require that each negotiator return to their principles to advise them of the status of the negotiations and seek direction before proceeding further. He further advised that they were close to reaching an agreement with the City of Los Alamitos and asked that the Agenda item scheduled for tonight be continued to November 2, 1988 at 1:00 p.m. and considered at that time. Responding to Councilman Coronado, the City Attorney replied that the impediments to reaching an agreement with the City of Los Alamitos were both technical and monetary. Mayor Arnold remarked that it is important that the Councilmembers meet in ~xecutive Session to be brought up to date on the negotiations with Los Alamitos. The City Manaqer reported that negotiations have been conducted for the last sev~ral weeks and it appears we are within reach of an agreement for the certification of the EIR, particularly with reference to the City of Los Alamitos and also closer to some of the concerns expressed publ icly regarding the EIR. He advised that it was in the best interest of all parties to adjourn to Executive Session, continue the discussion and receive input. After some discussion, the City Attorney stated that the staff is prepared to recommend the certification of the EIR tonight and are asking for the delay until tomorrow night as a courtesy to the City of Los Alamitos. He suggested taking this matter one step at a time and nothing can be done on the EIR tonight unless Council wants to certify it and face potential 1 itigation. The City Attorney believed the matter was very close to settlement but each party must return to their principles and staff is not agreeing to anything without consulting the Council in closed session. 1 City Council Meeting November 1, 1988381 Councilman Coronado stated we are here, for the record, this evening at the behest of Los Alamitos from a meeting on October lOth to carry to November 1st and carrying the EIR discussion to tomorrow November 2 presumes that you will have reached an agreement with Los Alamitos sometime tomorrow afternoon. Councilman Coronado asked if it were possible to be enlightened as to what that agreement might be and how you reached it before the Council meeting. The City Attorney stated that if agreement was reached tomorrow afternoon we would be prepared to discuss this with the Council at 7:00 p.m. and if agreement is not reached, we'd recommend another continuance. Councilman Kanel advised that there is other litigation that faces the Council on this EIR and is another problem that might have to be discussed. It was moved by Councilman Mullen and seconded by Mayor Arnold to adjourn to a closed session and the only order of business subsequent to the end of the closed session is adjournment until November 2, 19~8 at 7:00 p.m. Councilman Davis commented that if it is the opinion of Counsel to defer this matter 24 hours, we should do that and suggested that there may be more than a time element involved here regarding the City of Los Alamitos negotiations. Councilman Kanel suggested meeting for about 20 minutes and then determining it Council is going to adjourn the meeting until tomorrow. The City Attorney stated that the only action the Council can take is to certify the EIR, not certify it or wait 24 hours and the recommendation from a legal point of view is not to make a decision tonight under pending litigation, continue until tomorrow night as we may well have an agreement. Councilman Kanel stated he would concede but if he learns something in the meeting that he wanted to say publicly, he can't because we would be returning to adjourn. Councilman Mullen declined to withdraw his motion at Councilman Kanel's request who declared he would abstain. The motion carried by the following roll call vote: AYES: 3 COUNC ILME~lBEriS: Davis, Mullen and Arnold NOES: 0 COUNC I LMEMBEI(S: None ABSENT: 0 COUNCILMEMBEhS: None ABSTAINED: 2 COUNCILMEMBERS: Coronado and Kanel EXECUTIVE SE?~ON: Mayor Arnold c3l led for a closed session at /:40 p.m. and the meeting reconvened at 9:50 p.m. with all Councilmembers present. The City Attorney reported that the City Council met in Executive Session regarding the pending litigation matter with the City of Los Alamitos which involved the EIR on the SDC property and the Council was advised of the negotiations that were in progress. ORAL COMt1UrnCAlJONS: For Matters Not on the Agenda. None were presented, HRITTEN COMMUJUIATIONS: For Matters Not on the Agenda, None were prl'"pntpd. AD,IOURNt'lE NT: Mayor Arnold adjourned the mePling at 9:52 p.m. continuing the matter of consideration of Cypress Downs Supplemental Draft Environmental Im~dct Report - SOC Development to November 2, 1988 at 7:00 p.m. in thp City C(Junei I Chambers. -"... -....., .--- ---- ._---. -- --.., -... CITY OF CYPRESS ATTE. ST: ( I #~n((f1tH'rlf OF (YPRlSSu.. 2