Minutes 88-11-02
382
MINUTES OF AN ADJOURNED REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
November 2, 1988
Mayor Arnold called the adjourned regular meeting of the Cypress City Council
to order at 7:06 p.m. on Wednesday, November 2, 1988 in the Cypress City
Council Chambers, 5275 Orange Avenue, Cypress, California.
PRESENT: Councilmembers Coronado, Davis, Kanel, Mullen & 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 Mullen.
The City Manager summarized the action taken by the .City Council during the
meeting of November 1, 1988 in an Executive Session, which attempted to
resolve some issues with the City of Los Alamitos. The Council asked that
this item be deferred; therefore, the first Agenda item is the Consideration
of the Continuation of the Cypress Downs Supplemental Draft EIR.
The City Attorney commented that meetings had been held today with the City of
Los Alamitos who requested a continuance to Monday, November 7, 1988 and
subsequently, he requested a closed session with the Council to brief them on
the negotiations.
EXECUTIVE SESSION: Mayor Arnold called for an Executive Session at 7:11 p.m.
The meeting reconvened at 7:35 p.m. with all Councilmembers present and staff
members present.
The City Manager stated the discussion held during closed session was relative
to the certification of the Environmental Impact Report (EIR) and he asked the
City Attorney to summarize that roport.
The City Attorney reported that the Council was informed of the negotiations,
the outstanding circumstances and the Council then authorized the
implementation and conveyance of the final terms to the City of Los Alamitos
and further authorized th~ continuance of this item to Monday, November 7,
1988 at 7:30 p.m.
It was moved by Councilman Kanpl and second! I by Councilman Mullen to continue
the meeting to November 7, 1988 at 7:30 p.m. to receive information on the
neqotiations with Los Alamitos reqarding items at hand and the Council will
also discuss the subject of the EIR on the Cypress Downs Project. The motion
unanimously carried by the following roll CJll vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Mayor Arnold explained the procedllre to be followed during the public hearing
process and reminded the audience of the seriousness of the matter.
ORAL COMMUNICATIONS: For Matters Not on thl' Agenda. Councilman Coronado
reported that someone driving a s'Jlall white pickup has vandalized 35% of this
wife's campaign posters and the City Attorney responded to those legal
impl ications.
Ms. Bpth Davis, 11021 Winners Circle, Suite 101, Los Alamitos, questioned the
City Attorney as to his representing the City of Los Alamitos in on-going
legal advice and litigation. The City Attorney responded that he personally
did not represent the City of Los Alamitos in any litigation; however, his
firm, which is a municipal law firm, represents a large number of cities in
Los Angeles and Orange Counties on a number of litigation cases and the firm
does represent the City of Los Alamitos in d litigation matter which has no
relationship to the City of Cypress and he did not feel there was a conflict
of interest. He further emphasized that he does not represent Los Alamitos as
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November 2' IJ)sa'" ,\,
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their city attorney nor does anyone in his law firm. Mayor Arnold replied to
Ms. Davis statements regarding the meetings that have occurred between
Cypress and the City of Los Alamitos. Councilman Kanel added that when cities
have potential litigation facing them, they are allowed to go into Closed
Session and this practice is governed by state law.
ORAL COMMUNICATIONS: For Clarification of Matters on the Agenda. None were
presented.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT
NO. 88-5; ZONE CHANGE NO. 88-7~ CYPRESS DOWNS SPECIFIC PLAN NO. 88-4~ AND
CYPRESS DOWNS DEVELOPMENT AGREEMENT NO. 88-1 - SDC DEVELOPMENT LIMITED
PARTNERSHIP - PROPERTY SURROUNDING THE LOS ALAMITOS RACE COURSE: Mayor Arnold
declared the public hearing open. The Planning Director presented the staff
report dated October 5, 1988, which represented a request for consideration of
the Cypress Downs development project and she focused on the Specific Plan
because it is the controlling document. She then described the type of land
uses permitted in designated areas and the standards for development.
Mr. Jim Watson, SDC Development Limited Partnership, 1601 Avocado, Newport
Beach, expressed his appreciation to further explain, and introduce again the
Cypress Downs project as it has been revised. He provided some background on
SDC's involvement with the property and he believed the issue to be the rights
of citizens and their right to vote on this project. He stated they were
hopeful that the City Council will certify the EIR, approve the plan and put
this project on the ballot.
Responding to Mayor Arnold, the City Attorney answered that the decision to
place this matter on the ballot is required by law, that Measure D is in place
and valid and the approvals on the property will require a vote of the people.
Mr. Watson stated there was an alternative and that was to abandon all efforts
and restore everyone"s position to where we were involving a host of lawsuits
against each lither and if no one wants to proceed they could back up to the
old P I an, w h i (h i s a lot mo red ens e .
After some di~,cussion, Mayor Arnold advised that it is important to hear from
everyone and I aIled upon the project architect to discuss the plan.
Mr. Jack Camp, Langdon, Wilson and Mumper, stated they attempted to response
to the community's concerns to make this project sensitive to the community
and mentioned some of the positive aspects of the revised plan.
Councilman Coronado asked if the comments on the plan could be confined to
those of a technical nature as the church property is currently zoned PS and
the property can be utilized under that designation. Councilman Mullen stated
that people should be allowed to speak as long as the comments are germaine to
the issue. After some discussion, Mayor Arnold called the names of citizens
who wished to speak about the Cypress Downs project. The following people
gave public testimony.
Mr. Richard Earle, 9265 Walker Street, Cypress, stated he believed that this
property will be developed at some point and this appeared to be a project of
great merit that has been scaled down significantly. He expressed his support
for the plan as having a positive influence and input to the community.
Mr. Don Galloway, 5851 Lemon Avenue, Cypress, expressed his support of the
plan and he represented only his own ideas and experience. He divided his
comments into two parts: the project and the race track. He stated he is not
convinced that we have done everything we can do about traffic and use
resources to continue to educate the occupants of the property about traffic
control, mitigation and application. He urged the Council to move forward
with the project, the people do have the right to vote on it and he is in
favor of the project.
Mr. Neil Peek. 11]02 Bunker Hil I, Los Alamitos, expressed his support of the
plan. He stated the property is a potential hazard and will be developed
somewhere down the line and urged the Council to move forward.
Mr. James E. Sutherland, 9802 Bloomfield Street, Cypress, also the attorney
for the Concerned Citizens of Cypress, commented on the pending Measure 0
litigation. He made some prel iminary comments about the development agreement
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38i.t Council Minutes November 2, 1988
and the Concerned Citizens believe in the vote but they also believe that the
people are entitled to go to the polls based upon an adequate and complete EIR
and they are entitled to have the t>enefit of this Council's vote or approval
of the plan. He stated that the revised plan dropped the density of the
project but dramatically increased the intensity of the uses and that is not a
dramatic reduction of the impacts. He stated that there is no EIR on the
present development agreement; it is a much different agreement than what was
entered into or supposedly authorized two years ago and commented on the
agreement. Mr. Sutherland stated he was against the plan as proposed and
presented the Council with exhibits.
Councilman Mullen asked for a recess.
RECESS: Mayor Arnold recess the meeting at 9:14 p.m. The meeting reconvened
at 9:30 p.m.
The public testimony in regard to the project continued.
Mr. Robert Kingsbury, 4117 Avenida Sevilla, Cypress, Pastor of Business
Administration at Grace Church, commented on the pri~e paid for the proposed
church property. He addressed the remark of not having the church groups
speak and the implied intimidation. He encouraged the Council to approve the
EIR and allow the plan to be placed on the ballot.
Mr. Tim Flaming, 5393 Vista Hermosa, Cypress, expressed his support of the
project and stated he did not appreciate what he perceived as intimidation
tactics. He presented a visual aide relating to the size of the buildings and
it did not represent an overdevelopment of the property. He encouraged the
City Council to move this plan to a vote of the people.
Mr. David Wolff, 6397 Sombrero Avenue, Cypress, stated he was wholeheartedly
in favor of the project and it will add significant benefits to Cypress. He
urged the Council to take the project out of the realm of politics and to
judge it on its merit. He further stated that there will be traffic problems,
but we can handle those problems, strongly urged the Council to see that it is
on the ballot and thanked them for their efforts.
Ms. Kathy Mat If~WS, 4223 Paseo De Plata, Cypress, encouraged the City Council
to vote "yes" on the Cypress Downs Project and she supports the project
because it wi I I be a positive influence on the youth of Cypress and requested
timely approv,ll from the Council.
Mr. Bob Kietzlnan, 9684 Paseo de Oro, Cypress, mentioned that the area
eventually will be developed in some way and he considered SDC's proposed plan
apppaling, it will eliminate the eyesore that exists now and encouraged the
talks with the City of Los Alamitos, He expressed his support of the project
and urged the Council to give its approval so it will be on the ballot, which
is where this matter will be decided.
Mr. Norbert Bartosik, General Manager of the Orange County Fair, stated they
have a lease with the track and he represents the Board of Directors of the
Orange County Fair who unanimously support the concept as presented and look
favorably to the development of the improvements at the race track and endorse
and support that position.
Mr. Jim Smith, Executive Vice President and General Manager of Horsemen's
Quarterhorse Racing Association, stated that his organization leases the
track, he addressed the facts available and the people should be informed
before they vote. He explained the quarterhorse racing process, the
significance of what is going to be built on the property because it is the
only way the money will be there to improve the race track facility. He
stated that the race track is going to stay and expressed his support of the
project .
Mr. Phil Martin, 6849 Tahiti Drive, Cypress, desired a change in the race
track property, wished to see something new and he is ready for some relief
from taxes with additional revenue coming into the City. He also addressed
the price that was paid for the church property.
Ms. Louise Raymond, 4349 Larwin Avenue, Cypress, expressed support for the
project, the possibility of retail stores on the property and is looking
forward to voting for it.
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City Council Minutes November 2, 1988 385
Ms. Christine Swain, 5362 Crescent Street, Cypress, hoped Council would look
favorably on the project. Ms. Swain then stated the amount of money and time
that has been spent on this project could have gone for the upkeep of the race
track and something needs to be done. She further stated that the project
sounds good and it will bring money and jobs into the City.
RECESS: Mayor Arnold called for a recess at 10:08 p.m. and reconvened the
meeting at 10:16 p.m. with all Councilmembers present.
The public testimony continued.
Ms. Alice Rogers, 4219 Dover Circle, Cypress, stated that there were many
creative things that the developer could have done with the property, Council
doesn't have to approve anything just because it is presented and it is
Council's responsibility to thoroughly investigate all plans and to deny any
plan if the total impact is deleterious to the community. She further stated
there is no convincing data that should allow this project under any
circumstances and the sole purpose for buying this property is to destroy the
competition for Hollywood Park.
Ms. Mary Jane Wozniak, 4480 Avenida Granada, Cypress, stated she was against
trading off two churches with open space for a business park with multi-
storied buildings that we don't need. She commented that we know it will be
developed, but it doesn"t have to be business park.
Mr. Michael Scully, 9398 Oanbury Street, Cypress, stated he was not connected
with any group and wanted to go on record as against the development as it
stands. He addressed the potential smog problem with the increased traffic
and overdevelopment of this property must not be allowed.
Mr. Paul Hertz, 4284 Paseo de Oro, Cypress, expressed his opposition to the
development of this property the way it is proposed. He believed the property
wi II be developed and would like to see the churches and schools there. He
questioned the handle at the race track and provided a letter from the
Executive Secretary of the California Horse Racing Board. He asked for a
recommission of the traffic study to detail the effect of simulcasting and
daytime use of the Los Alamitos race track since it will be one of the largest
off-track wagering facilities in California tor a two month period.
After further testimony, Mayor Arnold asked Mr. Hertz return to the meeting on
November 7, 1988 after he has had additional time to review the document.
After discussion among Councilmembers, Mayor Arnold a~ked if any of the
upcoming speakers would volunteer t:) defer their comments to the mepting on
November 7 and none wished to do so,
Mr. Jack Swank, 9849 Via Sonoma, Cypress, remarked that if the project is
placed on the ballot, it wi 11 be the Counc iI's persona 1 stamp of approval
saying that they think it is a good plan, that the voters should approve it
and it wi 11 be a vote in favor of gridlock, highrise buildings and
overdevelopment. He stated it is not a better plan, just a different one; it
would be irresponsible government to get stampeded into this plan and Cypress
deserves responsible government. He asked the Council not be railroaded into
voting against Cypress.
Mr. Char I e~ Ladd, 5822 Newman Avenue, Cypr'ps'" stated that the City of Cypress
has done an excellent job in balancing the growth within the City and he spoke
in favor of the project.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, stated that crime follows
fast growth, drugs follow and mobs follow. He urged the Council to vote
against the project.
~lr . Roger Geyer, 4433 Via Majorca, Cypress, Treasurer of the Concerned
Citizens, spoke to the Council about the basics of the plan. He explained
what they perceive to be the present situation on the Los Alamitos Race Track
property. He said the present plan calls for unmitigated gridlock at key
intersect ions of the City, they cannot support it and there wi 11 not be
another opportunity to solve the problem if it is not done now.
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Mr. David Giese. 10448 Santa Clara, Cypress, shared his concern about the
access to his tract onto Cerritos with the traffic patterns changed
dramatically making egress and ingress very difficult. He asked the Council
to consider this factor and encouraged them not to adopt the plan as presented
and felt it needed more careful study.
Ms. Beverly Kingsbury, Avenida Sevilla, Cypress, wished to defer her talk to
November 7, 1988.
Ms. Susan Bram, 4524 Larwin Avenue, Cypress, expressed her support for the
project. She stated she does represent a group of citizens that have not been
represented fairly who are for the project because it is a plan that has been
carefully thought out, offers jobs and open space. She said traffic is a
problem but this is a positive development.
Responding to Councilman Kanel, Ms. Bram answered that the group she
represents is Concerned Citizens for Sensible Growth and she wants people in
Cypress to obtain information to be able to make sensible decisions when
voting.
Mr. Chris Madore, 9462 Alderbury street, Cypress, asked if Council approved
this plan to be put on the ballot. the citizens turned it down and
subsequently the appeal was lost, what are the ramifications. The City
Attorney responded that if the Council approved the plan subject to a vote of
the people, whatever the people say goes. He further stated he could not
speculate on what any other party does but he has advised Council that
property owners who want development rights would probably fall back on their
next best solution, which is litigation. Mr. Madore then commented that
Council's decision is the all important one and they have to take the
responsibility for that decision. He stated concern specifically with the
traffic situation, which we need to recognize and make those changes to the
specific pldn,
Mr. Art DeBolt, 3862 Denwood, Los Alamitos, is a property owner in Cypress and
stated his concern with traffic and the rising taxes. He supported the
, project and urged the Council to move forward and put this matter before the
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people.
Mayor Arnold commented that Beverly Kingsbury, Michael Joyce and IJaul Hertz
would speak at the November 7, 1988 meeting.
ORAL COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented,
ADJOURNMENT: Mayor Arnold adjourned the meeting at 11:25 p.m. to Monday,
November 7, 1988 at 7:30 p.m. in the City Council Chambers.
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