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Minutes 75-01-15MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 15, 1975 The adjourned regular meeting of the Cypress City Council was called to order at 7:40 p.m. on Wednesday, January 15, 1975 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: ABSENT: Councilmen Frankiewich, Sonju and Lacayo None Harvey, Kanel, Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following members of the City Staff: Bryant, Charkow, Davenport, Duke, Dunlap, Hawley, Schatzeder, Shumard and Warren. PLEDGE OF ALLEGIANCE: to the flag. Councilman Kanel led the pledge MINUTES: It was moved by Councilwoman Frankiewich, seconded by Mayor Lacayo and unanimously carried to approve the Council minutes of December 9, December 17 and December 23, 1974. ORAL COMMUNICATIONS: Mayor Lacayo inquired if anyone in the audience wished to speak in regard to any matter not on the agenda. There was no one who wished to speak. Councilman Harvey requested that his proposal for a Cypress Industrial and Commercial Development Commission be placed on the agenda. Hearing no objections, the Mayor placed the item on the agenda. Councilman Harvey proposed that the City Council adopt a resolution or ordinance to develop an Industrial and Commercial Development Commission, the purpose of which is to seek and attract industry and commerce to Cypress. Councilman Harvey proposed that the composition of this Commission include a member of the City Council, City Manager, Chamber Manager, and a Chamber representative. Three at-large members should be chosen by the previous members mentioned, subject to the approval of the City Council. Councilman Kanel suggested that the Commission be increased to nine members, to include a representative from a utility serving the City. The Council agreed on the nine member Commission. It was moved by Councilman Harvey, seconded by Council- woman Frankiewich and unanimously carried to approve this Commission with the stipulation that the City Attorney prepare a draft ordinance for the Council's approval. Mr. Joe Hardcastle, 4588 Blanca, Cypress, stated he felt the activities of the proposed Commission should be the function of the Chamber of Commerce and suggested that the City not support the Chamber if the Commission is established. City Council Minutes January Mayor Lacayo requested to continue the above subject matter of the proposed Commission in order that the public hearing be opened. There were no objections and the public hearing was opened. CONTINUATION OF PUBLIC HEARING RE: PROPOSED GENERAL PLAN A~ENDMENT NO. 74-2: Mr. Howard Rowan, 5831 Shirl, Cypress, asked the City Council to decree a one year moratorium on amendments to the General Plan and stated that he was speaking on behalf of himself regarding this matter. It was indicated by the City Council that there had been past requests by Los Alamitos Naval Officers for such moratoriums and the Council queried Lt. Commander Rowan (USN Ret.) as to whose interests he was actually representing in this matter. In connection with the questioning of Mr. Rowan, a letter dated November 18, 1974 from Senator Alan Cranston was introduced. This letter indicated that the Department of the Navy is apparently interested in obtaining the land at the Nike Base in the City of Garden Grove for a possi- ble exchange with the Harvey property located in the City of Cypress. The Council was concerned that this land swap of 240 acres would essentially cripple any oppor- tunities of industrial or commercial development in the southern portion of the City. The City Council queried Mr. Rowan as to his extent of knowledge on this land exchange. Although Mr. Rowan repeatedly denied knowledge of such an expansion, he did indicate, however, that the Cypress Citizens' Association Board of Directors and the West Garden Grove Community Association discussed this land swap during 1974 and that, at that time, the CCA Board of Directors took no negative action concerning this proposal. In addition, Mr. Rowan, during this discussion, indicated that he had never taken, either as a Naval Officer or personally, a position of non-development on the Navy property. The City Manager briefly reviewed the plan that was developed several years ago by Commander Rowan to expand the Los Alamitos Naval Air Station by acquiring the Harvey property. The Council expressed concern that there appeared to be special interest groups who are attempting to stop devel- opment of the Harvey property. Mayor Lacayo indicated that he would ask the City Council to investigate these special interest groups to determine the individual connections involved with the proposed development of this property. The consensus of the Council was that further action should be taken to clarify not only the various positions taken by the Cypress Citizens' Association Board of Direc- tors but also the individual connections of some of the members of the Board of Directors. Mrs. Joyce Nicholson, 6045 Jeffrey Mark, Cypress, president of the CCA, said that the CCA received and filed the proposed land swap and that all they did was discuss the matter. -2- City Council Minutes January 15, 1975 Mrs. Ports, 6163 Trinidad, Cypress, asked the Council just what was the interest that the Navy had in the property south of Katella and west of Valley View. She stated that the proposed Commission should be given a chance. Mr. Marvin Simpson, 6035 Jeffrey Mark, Cypress, who was associated with the Cypress Citizens' Association until mid-December of 1974, indicated to the Council that there is a lack of credibility on his part regarding the signa- tures that were obtained by the CCA on their petition. He stated that the letters that were read at the previous Council meeting of Monday, January 13, 1975, from the CCA to the Mayor did not have the approval of the member- ship of the CCA and that at the last CCA meeting there was not a quorum. Mr. Ed Jabbour, 11300 Providencia Street, Cypress, summarized the events of the evening and stated that he did not want the Navy to interfere with a land exchange. Mr. Jabbour stated for the record that he was speaking on behalf of himself. Mr. George Savord, attorney, 1695 W. Crescent, Anaheim, California, representing Continental Multi-Homes, urged the Council to begin the public hearing. Mr. Arvid Grenz, 9791 Graham, Cypress, requested the Council to begin the public hearing. RECESS: Mayor Lacayo called a recess at 9:17 p.m. The meeting was called back to order at 9:39 p.m. with all Councilmen present. PUBLIC REARING RE: PROPOSED GENERAL PLAN AMENDMENT NO. 74-2: Mayor Lacayo announced that this was the time and place for the continuation of the public hearing to consider the proposed General Plan Amendment No. 74-2. He declared the hearing reopened and asked the staff to present its report. The Planning Director made a slide presentation to the Council indicating where the proposed amendment would take place. He indicated that the Planning Commission had recommended approval of a proposed amendment to the Land Use Element of the City's General Plan to change the designation of a triangular shaped parcel of land on Knott Avenue from its current industrial designation to a low density, residential classification. That designa- tion would provide for a density range of from zero to five dwelling units per acre. The Mayor announced that the Chair would entertain dis- cussion from the Council and then there would be a public hearing open to the proponents of the amendment, followed by the opponents of the amendment and a final comment by the applicant, with a discussion by the City Council and then a vote. The Planning Director requested an action on the Environ- mental Impact Report by the City Council prior to taking any action or vote. He asked that the Council determine whether the Environmental Impact Report was adequate or not. -3- City Council Minutes January 15, 1975 At the request of Mayor Lacayo, the City Attorney explained that the proposed ordinance required the vote of the people on General Plan amendments and would apply to the property under consideration if adopted. Mr. David Recupero, 6182 Softwind Drive, Huntington Beach, California, representing the applicant, opposed the proposed ordinance and stated that he hoped the Council would consider the deletion of the subject property from the ordinance that was approved Monday evening, January 13, 1975. He outlined the Planning Director's report dated November 14, 1974 and concluded that the subject property should be removed from the ordinance because, if industrial buildings are built on the site, it would annoy the present home- owners in the nearby vicinity. Mr. Recupero stated that the basic disadvantage in indus- trial development is: 1) lack of direct freeway access, and 2) that the area is not in an established industrial area. If a residential area is allowed to be developed, there would be a positive affect on the schools. Mr. Recupero asked the Council to approve the General Plan amendment and to delete the subject property from the ordinance or discontinue the ordinance in its entirety. He further asked that a final decision be made in favor of Continental Multi-Homes. In conclusion, Mr. Recupero said that industrial development was not suited to the particular site. that the low-density residential use is more compat- ible to the residents in the north than any industrial use, the project will benefit the City economically, the proposed development is compatible with the noise zones established by the Los Alamitos Naval Air Station, the development will eliminate an existing and incompatible use in the development of single family homes which will benefit the schools, provide new housing for the community, assist the economy of the City as well as the economy of Orange County because of its potential employment activity, and provide new jobs and purchasing power for the City. Noise damage by trains was discussed by the Council to homes in the area. Councilman Harvey stated that, in his door-to-door canvassing, north of the railroad line the residents reported that they had sustained damage to their homes in the way of cracks, etc. Further discussion entailed the degree of activity of the trains in relation- ship to industrial activity. Mr. George Savord, attorney representing the applicant, outlined the legal problems involved with the wedge of land due to multi-ownership. He indicated that there would be considerable legal problems to resolve another sale of the property if the proposed General Plan amend- ment is not approved by the Council. Mr. Savord cited several court cases to support his findings. He stated for the record that zoning by referendum only on industrial as opposed to commercial or residential is a denial of equal protection of the laws. Mr. Lester Barnett, 10741 Knott, Cypress, stated that he had a chicken ranch on his property and that he would like to have a chance to sell. He indicated that, if this proposal did not pass, then he would probably not be able to sell for another ten years. -4- City Council Minutes January 15, 1975 Mr. Jesse Avarla, 10681 Knott, Cypress, spoke in favor of the application since it would eliminate flies and bring revenue to the City. Mrs. Rebecca Joiner, who gave no address but indicated that she lived in the area, presented a petition to the Council that she circulated in the neighborhood which asked the question, "Would you prefer industry to housing?" Housing was the answer by most signers of the petition. Mrs. Rosalind Spencer, 10704 Jill Street, that she did not want industry because it value of her property. Cypress, stated would lower the Mr. Bill Higgs, of the Sealey Company, stated that his company was the first real estate company to approach owners to sell the land. He indicated that the residents wanted to sell and, if the ordinance did not pass, these people would be stuck for many, many years. Mr. Ed Jabbour spoke on behalf of Mrs. Joiner stating that the City should pass the ordinance. Mrs. Daryle Ellwart, Manager of the Cypress Chamber of Commerce, spoke in favor of the zoning. She stated that she would like to see controls on the property and, with those controls, the Chamber was not opposed to the ordinance. She further indicated that the Chamber was in favor of the annexation of these properties to the City of Cypress but that it was opposed to piecemeal rezoning, but, due to the complexity of this land, it concurs it should be residential. Mrs. Christine Luster, 6319 Dominica Avenue, Cypress, stated that, in speaking with people who lived on the north side of the tract, they favored residential dev- elopment. ~ECESS: Mayor Lacayo called a recess at 11:45 p.m. The was called back to order at 11:55 p.m. with all present. meeting Councilmen The Mayor stated that now is the time for the opponents to speak. Captain B]ixt, Public Works Officer at Los Alamitos Naval Air Station, explained the runway at Los Alamitos and the f~ct that there are no plans to extend the runway. He exDressed hope that the City would take Los Alamitos into ~onsideration when they develop plans and stated that the air base was in favor of keeping the land zoned industrial. Mr. Don Hudson, 6153 Lawrence, Cypress, representing the Cypress Citizens' Association, stated that they were in favor of the annexation but against residential use of the land because of the railroad and low-flying aircraft. The Mayor explained that this wedge of land did not belong to the City of Cypress and that it is County land. It was moved by Councilwoman Sonju and seconded by Council- man Kanel to continue the public hearing until the next -5- City Council Minutes January 15, 1975 City Council meeting. Councilwoman Frankiewich said that both sides should have an equal time to be heard. The motion carried with the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Lacayo NOES: I COUNCILMEN: Frankiewich ABSENT: 1 COUNCILMEN: None Sonju and CONTINUATION OF CONSIDERATION OF IMPLEMENTATION OF UNEMPLOYMENT FUNDS: The City Manager requested the Council to approve this item with respect to the employment priority listing as developed by the Administrative Coordinating Team. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to approve the implementation of un- employment funds. The motion was unanimously carried by the following roll call vote: AY]ES: 5 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Kanel, CONSIDERATION OF A RESOLUTION COMMENDING RETIRING SHERIFF JAMES MUSIC"K: Mayor Lacayo, with the consent of the Council, moved to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1563 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING SHERIFF JAMES A. MUSICK FOR HIS OUTSTANDING CONTRIBUTIONS AND LEADERSHIP IN ORANGE COUNTY LAW ENFORCEMENT. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCII~EN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Ka~el, ORAL COMMUNICATIONS: Mayor Lacayo inquired wished to address the Council at this time. no one who wished to speak. ADJOURNNIENT: if anyone There was It was moved by Mayor Lacayo, seconded by Councilwoman Frankiewich and unanimously carried to adjourn the meeting at l:10 a.m. ~ OR / ~l~-~ OF C~RESS ATTEST: CITY'CLERK OF THE'CITY OF CYPRESS -6-