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Minutes 88-11-07 -- ."7 ,387 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 7, 1988 Mayor Arnold called the adjourned regular meeting of the Cypress City Council to order at 7:35 p.m. on Monday. November 7, 1988 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: Councilmembers Kanel, Mullen and Arnold ABSENT: Councilmembers Coronado and Davis 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. COUNCILMAN CORONADO ARRIVED AT 7:37 P.M. After some discussion, Mayor Arnold stated that, hopefully, the meeting would reconvene at approximately 8:15 p.m. EXECUTIVE SESSION: Mayor Arnold called for an Executive Session at 7:39 p.m. COUNCILMAN DAVIS ARRIVED AT 7:45 P.M. The meeting was reconvened at 8:25 p.m. by Mayor Arnold with all Councilmembers present. The City Attorney reported that he and the City Manager met with the City Council in closed session and reviewed a three party agreement between SDC, the City of Los Alamitos and the City of Cypress. The City Manager stated that the contents of the agreement will be summarized during the discussion on the first item on the Agenda. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Ms. Christine Swain, 5362 Crescent Street. Cypress, complained that one Councilmember was electioneering and she requested equal time. She also stated she will register a complaint with other authorities. Ms. Ellen Kippel, 11664 Blackmer Street, Cypress, spoke on the recent flyers intimating that Los Alamitos Air Base might possibly become a commercial airfield. She requested something in writing from the City Council stating they are opposed to a commercial airfield. Mayor Arnold informed Ms. Kippel that the City had recently passed a resolution indicating their opposition to a commercial airfield. Councilman Kanel advised there is a large fact-finding group that is attempting to put a commercial airport in Orange County and Los Alamitos has been listed as a possible site. He suggested utilizing the newsletter to print a cut-out so citizens can indicate their position on this matter and then return the cut- out to City Hall. Councilman Mullen believed that Ms. Kippel was asking for further exposure and that the new Councilmembers should also ratify the objection of Council to general aviation and private airfield uses at Los A lami tos . Councilman Mullen requested that this item be on the Agenda for the November 28, 1988 meeting after the City Council reorganization. There were no further Oral Communication for Matters Not on the Agenda. ORAL COMMUNICATIONS: For Matters on the Agenda. None were presented. CONTINUATION OF CONSIDERATION OF CYPRESS DOWNS SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT REPORT - SDC DEVELOPMENT. Mayor Arnold emphasized that any Council discussion and any input from the City of Los Alamitos on the Environmental Impact Report (EIR) must be completed before the Specific Plan is considered. Mr. James E. Sutherland. 9802 Bloomfield Street, Cypress, commented that it was stated on November 1, 1988 that there would be possible additional 1 --...- I I -7 / ~ City Council Minutes November 7, 1988 388 comments, wished to present two facts for the record on the EIR and he presented a letter dated November 2, 1988 to the City Council. After discussion, the City Attorney clarified that there are two speakers to be heard from on the Specific Plan Hr. Sutherland attempted to present two facts for the record. The City Attorney stated that it was out of order, the public comment period is over, the matter of the EIR is closed and may not be reopened. The City Manager summarized the agreement between the City of Cypress, the City of Los Alamitos and SDC. He briefly recited the agreement reached in the negotiations process: density reductions, height restrictions on Katella, general agreement in Planning Area 8 amended to show a Mixed Use business park; landscape buffer along Katella; several traffic improvements and the developer has agreed to pay $3,170,000 to Los Alamitos for those traffic mitigations. He advised that SDC and the City of Los Alamitos had approved and signed the agreement and the City of Los Alamitos is willing to remove their objections to the EIR pending the approval of the agreement by the Cypress City Council. Responding to Councilman Kanel, the City Manager answered that in the Mixed Use areas, there is a definition of the allowable uses and some uses might require a conditional use permit. Councilman Mullen feels the agreement answers the questions that were raised by many citizens who testified and he viewed the landscaping features positively. Councilman Davis remarked that he would make comments on the procedures that have been disturbing to him on this project and he is not happy with the EIR process. It was moved by Councilman Mullen and seconded by Councilman Kanel to ratify the agreement proposed by the staff and agreed to by the City of Los Alamitos and the developer, SDC, in the event the EIR is certified. Councilman Davis statl~d that we attempt to develop the EIR after a project has already been submitted and then try to mitigate all the impacts, which is an awkward way to make certain we are not adversely impacting the City that we live in. He further stated he will look into reinforcing the requirements of the state EIR laws to obtain improved methods of looking into future EIRs, to assure better mitigation of issues. Councilman Kanel remarked that he already had made his comments, had asked some questions so that answers could also be brought out for the public and, for the record, I think a lot of these things should be in there as we talked about them. He stated he is going to vote for this Agreement and he is not too happy about some points but understands compromise and he was surprised that we would have to change some land patterns for a neighboring city; however, maybe it's for the better. I'd don't think it necessary and we might have compromised for half and half of the commercial. He hoped this agreement works out with them and we're good neighbors because we both have citizens impacted by this entire SDC plan and if we're going to be thinking about them, we also must be thinking of our own citizens and he is ready to vote for the agreement. Councilman Mullen concurred with Councilman Kanel 's concerns about the loss of commercial because it's a loss that could have meant up to $400,000 a year to the City of Cypress; however, we conceded on the warehouse for some higher class commercial so the revenue to the City will be about $200,000. He felt that the trade off for the very substantial reduction in traffic is well worth the difference and is pleased to make the motion to approve this agreement. Councilman Coronado stated we cannot be oblivious to Los Alamitos , needs or the impact we make upon them and will work with them in a friendly and amicable fashion. He further stated that he will not approve this agreement because he has his very strong feelings about the EIR and he will not support the motion. 2 City Council Minutes November 7, 1988 389 Mayor Arnold stated she felt that every effort had been made on the part of the two cities and was demonstrated by the results of the document. She further stated she will support the approval of the agreement between Cypress and the City of Los Alamitos. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold NOES: 1 COUNCILMEMBERS: Coronado ABSENT: 0 COUNCILMEMBERS: None Councilman Mullen remarked that he intended to support the EIR as it has involved the most study of any of the issues he has dealt with on the Council. Mayor Arnold asked the City Attorney to review the purpose of an EIR. The City Attorney responded that an EIR begins when a project is submitted to make decision makers aware of the impacts on the environment that their decision might make by the very nature of its purpose. He then briefly summarized the procedures and process required on an EIR as mandated by state law. Councilman Kanel stated that this EIR has received many comments, and many concerns have been raised. He further stated the question is if the property is going to be utilized, do we try to work out a good plan that can benefit the community and at the same time reduce much of the impact on the citizens that are affected and, primarily, resolve the traffic situation. Councilman Kanel advised there might be some problems with traffic and hoped that some of the assumptions that have been placed in the plan are correct and, on these basis, so that it is for the record, I'm going to vote for the EIR and then will look at the Specific Plan carefully to see where we are at in terms of the compromise with Los Alamitos. He advised that the City has been through this a lot with our business park and as SDC moves toward the buildout, some things may be changed. Mayor Arnold expressed her conviction that every step had been taken to address all issues related to an EIR, a thorough study has been made and the purpose has been met. She stated she felt that every question and concern had been addressed and was comfortable that we've done what needed to be done in the EIR to prepare for discussion of this project and she will vote for approval of the EIR. It was moved by Councilman Mullen and seconded by Councilman Davis to approve the Resolution, by title only, title as follows certifying the final Environmental Impact Report for General Plan Amendment No. 88-5, Zone Change No. 88-7, Adoption of a Specific Plan No. 88-4, and Approval of a Development Agreement as Complete and Adequate in Accordance With the California Environmental Quality Act. Councilman Davis expressed his concern over the EIR process but was supportive of the EIR and plan changes that have been made. He stated that, in the future, he will try to do something about the process so that not only will we have to change our topography to meet the plan, but the plans have to change to provide positive mitigation which has happened in this instance. He expressed his support of the EIR. Councilman Coronado stated his opposition to the EIR, the entire planning process and provided a brief history of.the zoning title changes. He feels something has been taken away from the people of Cypress and for this reason, has been opposed to this development. He commented that he will not approve the EIR, the Specific Plan or anything having to do with it. Councilman Kanel advised that we also have the continued public hearing this evening on the various areas of the Specific Plan, which are to be considered and can be changed by the EIR. He commented that the EIR may have some points that need to be worked on with the staff and he would never vote for something that would be of harm to the City of Cypress. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Kanel, Mullen and Arnold NOES: 1 COUNCILMEMBERS: Coronado ABSENT: 0 COUNCILMEMBERS: None 3 --- II- 7/-/ . . City Council Minutes November 7, 1988 ~On -;; v t..o' ,. RECESS: Mayor Arnold called a recess at 9:37 p.m. and reconvened the meeting at 10:00 p.m. with all Councilmembers present. 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 opened the public hearing and reviewed the procedures to be followed. She asked that cards be given to those citizens who wanted to speak this evening in addition to Mrs. Kingsbury and Mr. Hertz. J*',,~,~.." Responding to Councilman Mullen, the City Attorney replied that the speakers that asked to speak this evening were from the previous meeting and those citizens who wished to speak that have not testified previously are offered that opportunity this evening. After some discussion, the City Manager summarized the staff report dated November 7, 1988, which indicated a further reduction in density of the proposed Specific Plan as a result of citizens' concerns and following up on the mitigation measures agreed to with the City of Los Alamitos. He stated these changes include the building height reductions and increased setbacks requested by the City of Los Alamitos as well as the overall project density reductions negotiated by the City of Cypress, which will result in a 27% reduction of vehicle trips to the area arterial streets. The public testimony continued. Mr. Paul Hertz, 4284 Paseo de Oro, Cypress, mentioned he had studied the traffic surveys for Denni Street, which has six schools on it, and asked that the discussion be deferred to another meeting after he had spent more time studying the revised plan. Mrs. Beverly Kingsbury, 4117 Avenida Sevilla, Cypress, stated she was for Measure D; however, some special interest groups seem to be taking away the right to have a voice in the rezoning and expressed disappointment it has taken so long and urged the Council to let the citizens of Cypress vote. Mr. Steve Oakley, 6323 Anguilla Avenue, Cypress, voiced his opposition to the late receipt of the revised Specific Plan and recommended that the Council make a motion that this matter be continued until the citizens have had time to review the revised plan. Mr. Bob Rizzie, 6268 Dalca Court, Cypress, stated that he also felt that the revised plan information was received too late and he needed time to review the changes. Counci Iman Mullen advised that the information before the Council is a series of enhancements to the previously considered Specific Plan and to ask that it be continued only because of the negotiations between Cypress and Los Alamitos is complicating a simple matter. Ms. Ellen Kippel, 11664 Blackmer Street, Cypress, asked about Lexington/Denni being a through street. The City Manager stated that the Plan did propose that Lexington connect from Cerritos to Katella. Ms. Kippel commented that the public should receive honest information and be allowed to vote on the project. Ms. Gail Kerry 5196 Edgemont Circle, Cypress, stated she has researched the Specific Plan and EIR and felt that the late receipt of additional information made it unrealistic that a decision be made this evening. She said that the traffic information in Attachment B of the report had not been changed to reflect the revisions on the plan. She did not feel any plan should be approved until all of the information has been provided and should be continued to allow everyone to have all of the facts. Ms. Joyce Nicholson, 6045 Jeffrey Mark Street, Cypress, President of the Concerned Citizens, stated that Concerned Citizens are going on record as against the Specific Plan of SDC and Hollywood Park. She remarked that the Specific Plan before the Council tonight is simply not a good plan, it is too 4 I' -...., ,.. ,.-- City Council Minutes November 7, 1988 391 dense, it creates too much traffic, it does not have enough open space and causes gridlock. She asked the Council to cast a no vote on the Specific Plan. Councilman Mullen remarked that some months ago, the position of the Concerned Citizens was the right of the people to vote and the Council decided to refer the Specific Plan to a vote of the people prior to the certification of the EIR. He advised the concerned citizens said that was not good enough, they wanted the Council to officially approve the Specific Plan before it was allowed to go to the people, a November election date was impossible and now, with the EIR approved, and the other documents being considered, it means a special election. After some discussion, Ms. Nicholson responded to Councilman Kanel that this plan, with modifications, would be of interest to her group. Mr. Bill Mathews, 4223 Paseo de Plata, Cypress, wondered how long the discussion on this matter could go on and SDC is proposing a good plan with Mixed Use development in the Cypress Downs project. He requested that the Council vote on and ratify the Specific Plan tonight. Ms. Susan Bram, 4524 Larwin Avenue, Cypress, for the record, wished to complete her response to Councilman Kanel. Since Ms. Bram had spoken previously, she did not testify further. Ms. Gayle Compton, 10472 Barbara Anne Street, Cypress, spoke for the churches and against the remainder of the plan because of the traffic rating of the intersections, the need for open space and asked what other alternatives there were to this plan. Councilman Kanel noted, for the record, that the EIR does not lock the City into the Specific Plan. He said the Council can modify or change, there is a Development Agreement and once that is approved there cannot be changes, so there are many safeguards. He commented that the process is lengthy because it takes time to study documents and to go through the EIR procedures; this is moving along very well. Councilman Kanel also said there are things the Council has to take into consideration and there are great responsibilities as Councilmembers because of the development's impact on the City of Cypress. Councilman Mullen commented that Ms. Compton mentioned a bad plan and, in his opinion, it was implied that the Council would approve a bad plan and he assured her that no one on the Council would approve what they would consider a bad plan. He stated the Council is committed to submitting this plan to the citizens to vote on and the ultimate judge of whether it is a good or bad plan are the voters. Mayor called on the applicant for rebuttal. Mr. Mike Joyce, Counsel for SDC, 1800 Port Carlow, Newport Beach, spoke about the reductions in density agreed upon between the Cities of Cypress and Los Alamitos and SDC, complimented the City Council on the comprehensive job in studying the project, summarized the process taken to arrive at the present plan and reviewed the features of the Development Agreement. He asked the City Council to allow the citizens to vote on the project without delay. Mr. Jim Watson, SDC Development Corporation, stated that this has been a long, expensive and educational process. He appreciated the City of Cypress entering into the agreement with the City of Los Alamitos and the action to certify the EIR. He encouraged the City Council act tonight to approve this project and, hopefully, in February 1989 the citizens be given the ultimate right to say whether this is a good or bad project. Councilman Kanel suggested that the public hearing not be closed in case there might be additional information to be brought forward. Councilman Mullen had no objection to keeping the public hearing open but felt that the Council had heard everything that could be said about the development and he is prepared to move on the item this evening. He stressed the importance of approving the plan because tomorrow is the election and there will be two new Councilmembers-elect and that may change the propriety of who makes this final decision. Councilman Davis requested time to review the new information and have any questions answered and clarifications made before he votes. He 5 ---- - / ./ 7/ 39i~ Council Minutes November 7, 1988 have any questions answered and clarifications made before he votes. He suggested returning on November 14 and if the action taken is positive, the election date be set at the same time. Councilman Kanel agreed with Councilman Davis; however, there has been a change of input and he also has some Questions to ask of staff. The City Attorney suggested that since no member of the Council has indicated a need for further testimony that the public hearing be closed tonight and continue the decision for one week. Councilman Kanel disagreed with closing the public hearing because if something comes up then the public hearing would ~~."~" have to be reopened. It was moved by Councilman Kanel and seconded by Councilman Davis to continue the public hearing to November 14, 1988 and this matter be placed on the Agenda as the first item under "Public Hearings." The motion carried by the fOllowing roll call vote: AYES: 4 COUNCILMEMBERS: Davis, Coronado, Kanel and Mullen NOES: 1 COUNCILMEMBERS: Arnold ABSENT: 0 COUNCILMEMBERS: None 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 11:35 p.m. ~I~'~ ATTEST: (' , .. ,/j/~, n ,/?~/y-(/V ~* Cfff CLERK e: '-T E CIT OFCYPRESS 6