Minutes 90-08-08 /
491
MINUTES OF AN ADJOURNED REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
August 8, 1990
An Adjourned Regular Meeting of the Cypress City Council was called to order
at 11:40 a.m., Wednesday, August 8, 1990, in the City Council Chamber, 5275
Orange Avenue, Cypress, Mayor Cecilia Age presiding.
PRESENT: Councilmembers Arnold, Bowman, Kanel, Kerry and Age
ABSENT: None
Also present was Acting City Manager Robert F. Beardsley.
ORAL COMMUNICATIONS: For Matters on the Agenda. None were presented.
CITY ATTORNEY JERRY PATTERSON ARRIVED AT 11:43 P.M.
The City Attorney requested that there be a Closed Session.
CLOSED SESSION: Mayor Age called a recess at 11:45 a.m, to enable the Council
to enter closed session to discuss matters of litigation. The meeting
reconvened at 12:50 p.m. with all Councilmembers present.
CONSIDERATION OF PROPOSED SETTLEMENT AGREEMENT - LOS ALAMITOS V. CITY OF
CYPRESS AND CYPRESS DEVELOPMENT ORANGE COUNTY SUPERIOR COURT CASE N0.
X625601: The City Attorney reported that the City negotiating team and other
parties involved have reached agreement regarding the City of Los Alamitos V.
the City of Cypress and Cypress Development case. In reaching this agreement,
there is also an agreement that will call for the dismissal of litigation in
both the state action involving Hollywood Park V. the City of ;:ypress and the
federal action involving Hollywood Park V, the City of Cypress. The first
agreement is entitled Cypress Business and Professional Center Traffic
Mitigation Agreement, which is the three party agreement involving the City of
Cypress, Cypress Development and the City of Los Alamitos which results in an
end to the CEQA litigation for a certain form of payment as traffic mitigation
to the City of Los Alamitos. That agreement is ready for Council approval but
there are anticipated to be three minor legal changes to that agreement prior
to the actual signature and will require the action of the Los Alamitos City
Council. The three changes are: (1) recording the document; (2) a 5X figure
regarding rehabilitation; and (3) further specification on the map where
further development would take place on the Race Track and Golf Course areas.
The second agreement is a two party agreement between the City of Cypress and
Cypress Development, agreed to by Cypress Development with the changes
requested.
The City Attorney recommended that the City Council adopt the first agreement,
subject to the three changes, adopt the second agreement as is and authorize
the City Clerk to hold these agreements pending signatures by all parties then
to be released to the public.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
approve the adoption of the three party agreement between the City of Los
Alamitos, City of Cypress and Cypress Development subject to the three
changes. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
The City Attorney explained that the second agreement is between the City of
Cypress and Cypress Development and requests the sharing of some of the costs
up to a maximum of 3275,000. Both agreements will be held and the second
agreement will not become effective unless the first agreement becomes
effective.
It was moved by Councilmember Kanel and seconded by Councilmember Kerry to
approve the second agreement but execution of this agreement to be contingent
upon the execution of the first agreement. The motion carried by the
following roll call vote:
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City Council Minutes August 8, 1990
AYES: 4 COUNCILMEMBERS: Bowman, Kanel, Kerry and Age
NOES: 1 COUNCILMEMBERS: Arnold
ABSENT: 0 COUNCILMEMBERS: None
ADJOURNMENT: Mayor Age adjourned the meeting at 1:00 p.m. to 5:00 p.m.,
August 13, 1990.
0 OF THE CITY OF~CYPR
ATTEST:
~
CITY CLERK OF HE CIT F CYPRESS
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