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Minutes 75-06-30MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 30, 1975 The adjourned regular meeting of the Cypress City Council was called to order at 7:35 p.m. on Monday, June 30, 1975 in the Cypress City Council Chambers~ 5275 Orange Avenue, Cypress, California, Mayor Alice Frankiewich presiding. PRESENT: ABSENT: Councilmen Harvey, Lacayo and Frankiewich Councilmen Kanel and Sonju Also present were City Manager/City Clerk Darrell Essex and the following City Staff Members: Hawley, Osborn and Schatzeder. PLEDGE OF ALLEGIANCE: Councilman Lacayo led the pledge to the flag. CONSIDERATION OF APPROPRIATION OF $2500 FOR TAX COLLECTOR'S SALE ~1188: The City Manager presented a report dated June 50 which requested that a $2500 appropriation be made by the City Council to purchase a parcel of property adjacent to the Civic Center site which is available for sale because of delinquent payment of taxes. The City Council authorized this purchase on April 14, 1975. It was moved by Councilman Harvey and seconded by Councilman Lacayo to approve an appropriation of $2500 for the purchase of property identified as Tax Collector's Sale #1188o The motion was unanimously carried by the following roll call vote.~ AYES: NOES: ABSENT: 3 COUNCIL~N: 0 COUNCILMEN: 2 COUNCII~IEN: Harvey, Lacayo and Frankiewic} None Kanel and Sonju COUNCILWOMAN SONJU ARRIVED AT 7:40 P.M. At the City Manager's request, it was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to place on the agenda a matter regarding thoroughbred racing at the Los Alamitos Race Track. The City Manager reported that the City had received a request to support 14 days of thoroughbred racing at the Los Alamitos Race Track in conjunction with the Orange County Fair. He stated the City would benefit by receiving additional admissions tax from this event and that the Cities of Westminster, Seal Beach, Garden Grove, Los Alamitos and others had supported this request. It was moved by Councilman Lacayo and seconded by Councilman Harvey to direct a letter to the California State Racing Commission supporting an additional 14 days of thoroughbred racing at Los Alamitos Race Track in conjunction with the Orange County Fair. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Itarvey, Lacayo, Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 1 COIR~CILMEN: Kanel Sonju and City Council Minutes -2- June 30, 1975 ORAL COMMUNICATIONS: Mayor Frankiewich inquired if anyone wished to address the Council in regard to any matter not on the agenda. There was no one wishing to speak. CONSIDERATION OF PUBLIC HEARING RE: PROPOSED AIRPORT LAND USE ENVIRONS PLAN: The City Manager advised that this meeting was not a required public hearing but that it was an informal hearing requested by the City Council in order to hear public testimony on the airport environs land use plan for Los Alamitos Naval Air Station. He stated this matter would be the subject of a public hearing on July 17 before the Orange County Airport Land Use Com- mission. The City Manager reviewed the background actions by the Airport Land Use Commission and City Council leading to the consideration by the Commission of an environs plan for Los Alamitos Air Station based on the 1963 level of activities at the station. The City Manager reported that the staff and Council members had visited legislative representatives and Defense Depart- ment officials in Washington to determine the future status of Los Alamitos Naval Air Station. He reported that the official written response from the Deputy Assistant Secretary of Defense for Installations and Housing confirmed what the City had learned during the visit that none of the military services associated with the Armed Forces Reserve Center at Los Alamitos had any immediate or long-range plans which would cause an increase in air activities° The Defense Department also indicated that an airport installation compatible use zone study, estimated to be completed in early 1976, would evaluate how much land under the control of the Defense Department at Los Alamitos Air Station will be required to be retained. The City Manager indicated this information will be transmitted to the Airport Land Use Commission. The Planning Director made a visual presentation showing the noise and crash hazard contours based on the 1963 and 1973 level of operations at the Air Station. He outlined the areas impacted by both plans. The Planning Director reported that the 1973 noise and crash contours were based on a 1973 study prepared by the U.S. Army Department of Mental Hygiene for reactivation of the Air Station as an Armed Forces Reserve Center and that these contours were recom- mended to the Airport Land Use Commission by their staff. He stated the Commission rejected these contours and decided to consider an environs plan based on the 1963 level of operations. The Planning Director indicated that a majority of the undeveloped property in the southern portion of the City was located within zone B-1 which is a considerable crash hazard, high noise impact zone according to the 1963 contours. Zone B is defined as a zone indicating potential loss of life and property due to aircraft accidents as sufficient to require density and intensity use restrictions. In this zone he reported the Airport Land Use Commission finds unacceptable any land use where lot coverage exceeds 50% and where more than 25 persons are placed for long periods in an area or structure capable of being demolished by the crash impact of aircraft° He reported that the City's standards for commercial and industrial zones place no limitations on the amount of lot coverage which may be permitted. The Planning Director presented a chart showing various land use categories and their relationship to the crash and noise impact zones. He reported that some uses are permitted in the crash and noise impact zones City Council Minutes -3- June 30, 1975 subject to conditions but that the Airport Land Use Commission does not specify what these conditions are and the City staff is unable to determine their impact on the development of commercial or industrial uses. Mayor Frankiewich asked if anyone wished to present testimony in regard to this matter. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, objected to the term "extreme" being associated with adoption of the environs plan and he did not feel the plan would be as extreme as it sounds. He did not feel adoption of the guidelines would be extreme or would place an absolute prohibition on construction in the impacted area since the Airport Land Use Commission's ruling on any proposed development can be overridden by a 4/5 vote of the City Council. Mrs. Meredith Slick, 9637 Kathleen Drive, Cypress~ stated Cerritos Elementary and Apollo Jro High School were located in Zone B and she asked what would happen to these schools if the plan is adopted. Miss Deanna Walsh, 5521 Cerritos~ Cypress, stated she strongly opposed going back to the 1963 plan and that she could not see the necessity of it. Under the 1963 plan she felt there was a chance the Harvey property owners could claim to be suffering under adverse condemnation and if they win in court the Defense Department would purchase their property and could expand the runway and accommodate larger jet aircraft. She felt with ~doption of the 1973 plan the City would have a chance to develop the Harvey property. Mrs. Maureen DeMarco, 11622 Palawan Street~ Cypress, PTA President at Patton Elementary School and also representing Hettinga School, stated the area impacted by the plans has changed a lot since 1963 and the residential development has added a tremendous number of school children. She felt the schools' location in the high noise level area would disrupt the learning process. Mr. William Pryor, 6663 Teakwood Street, Cypress~ stated he felt the Airport Land Use Commission could be influenced by a demonstration of broad-based support for the 1973 plan as opposed to the 1963 plan and he recommended that there be a show of hands to determine how many of those present support the 1973 plan and that this be transmitted to the Airport Land Use Commission. Mr. Richard Jones~ 9842 Via Sonoma, Cypress~ felt the use of the Harvey property is influenced by this airport question. He stated the Orange County and Los Angeles Airports existed before the residential area developed around them and he felt the complaints were from homeowners and not industrial interests. He stated increased expenses for City services ~uld result from residential and not industrial development. Mr. Dale Pelican, 11422 Anegad~ Street, Cypress, asked who was responsible for considering the 1963 plan, the proposal for a joint commercial/military use of the Air Station~ or the proposal for an expanded operation. He asked what type of aircraft might be flown if operations are expanded. City Council Minutes -4- June 30, 1975 Councilman Harvey indicated that the Board of Supervisors had initiated the study of the joint use of airports and their motivation was to relieve congestion at the Orange County Airport which is reported to be the second most active airport in the country. He indicated that a change in operations at Los Alamitos would require that public hearings be held to determine the impact of the proposed activity on the existing environment by the responsible parties which include the Navy, Army Reserve, Defense Department and U.S. Congress. Mrs. Daryle Ellwart, Manager, Cypress Chamber of Commerce, read a letter from the Chamber Board of Directors which indicated their action at the June 19 Board meeting was to oppose the adoption of the 1963 airport environs plan and any other action by the Airport Land Use Commission which might prohibit or curtail the commercial or industrial development of property adjacent to the Los Alamitos Naval Air Station. Mrs. Barbara McGruder, 10471 Sande Street, Cypress, felt the noise problem at present from traffic on Cerritos and the Los Alamitos Race Track is greater than the noise from aircraft in 1963. She stated she has lived at this location for 15 years. Mrs. Sharon Pritchett, 5776 Stratmore Avenue, Cypress, past Chairman of the Concerned Citizens' Committee to Protect Community Welfare and the Environment in 1970, stated she opposed the 1963 plan. She felt people would respond en masse as they did five years ago to increased air activities at Los Alamitos. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt there was a misunderstanding of the subject under discussion which related to the extent of influence of the Airport Land Use Commission and not expansion of the Air Station. He stated he favored the 1963 plan which was a protective plan for persons living under airport noise. Mr. Hardcastle felt the City should have the opinion of the Airport Land Use Commission prior to any development of the vacant land in the City. At this time Mayor Frankiewich asked for a show of hands of those persons favoring the 1963 plan and those favoring adoption of the 1973 plan. There were approximately 25 persons who supported the 1963 plan and 76 persons who supported the 1973 plan. The City Manager announced the address of the Airport Land Use Commission for those who wished to write which is 4011 West Commonwealth, Fullerton, California, 92633. Commander Mel Blixt of Los Alamitos Naval Air Station, stated the Air Station supports the 1963 plan. He stated that although there is no major activity for the Air Station planned at this time it would be premature to state there will be a restriction on the level of activity since the 8000 foot runway can handle any type of aircraft. He felt this was the reason for the Airport Land Use Commission con- sidering the 1963 plan. Captain Blixt stated the present impact statement does not restrict any type of aircraft except afterburner aircraft and the Defense Department has not restricted any type of aircraft on an interim basis. He stated that although the Defense Department does not consider the Air Station a major facility he feels it is. City Council Minutes -5- June 30, 1975 Captain Blixt read a letter from the Department of the Navy to Congressman Patterson dated June 12 which stated that Los Alamitos Naval Air Station is still a major aviation facility and that consideration of the lease or purchase of land adjacent to the Air Station is being held in abeyance pending completion of the Air Installation Compat- ible Use Zone Study being conducted by the Department of the Army. Captain Blixt felt it would be premature to adopt anything less than the 1963 plan before the comple- tion of the AICUZ Study which Study ~igh~ reduce the area o£ compatible land. Councilman Lacayo questioned why the Air Station wished to acquire or trade the 93 acres at the end of the runway, which would be taken off the City's tax rolls, without the City's knowledge and he felt the 1973 plan would be safer than the 1963 plan since it would indicate that no further air activities are planned for the-base. Captain Blixt indicated the Station's willingness to enter another 99 year lease for the property. Mrs. Christine Luster, 6319 Dominica, Cypress, stated she opposed the 1963 plan and had opposed the plan at the Airport Land Use Commission meetings. She felt the plan would be detrimental to the City of Cypress and would be an invi- tation to the base to do whatever they want including expanding activities. Mr. E. Dilley, 5132 Canterbury Drive, Cypress, read from the Administrative Coordinating Team's development plan for the Harvey property which he felt indicated the staff's concern about development around the Air Station. The staff advised him that this study was based on the 1973 UoS. Army environmental hygiene study. Mr. Henry Roberts, Tonga Circle, Cypress, stated he appre- ciated that the Council is faced with conflicting interests of supporting the military and protecting its residents. Mr. Howard Rowen, 5831 Shirl Street, Cypress, felt the residents are fighting an agency which was established under law for their protection. He stated the members of the Airport Land Use Commission are not laymen since two are airport managers and two are ex-military aviators. Mr. Rowen read from Assembly Bill 1856 which outlined the need for the establishment of Airport Land Use Commissions, the composition of the commissions, and their powers and duties which are advisory only. He reported that the duties of Airport Land Use Commissions are to make recommendations for the use of land surrounding airports, to assure the safety of air navigation and promotion of air commerce, to study and make recommendations on the need for height restrictions on buildings near airports, to hold public hearings on these matters and make findings that are advisory only to the involved jurisdictions, and to formulate a comprehensive land use plan that provides for the orderly growth of an airport and surrounding areas and which includes a long range master plan that reflects the anticipated growth of the airport during the next 20 years. Mr. Rowen stated the powers of the commissions do not give the commissions jurisdiction over the operation of an airport and the plan under consideration this evening would not give the Airport Land Use Commission jurisdiction over a military airport. Mr. Rowen also read from the Public Utilities Code which placed military airfields under the jurisdiction of Airport Land Use Commissions. Mr. Rowen City Council Minutes -6- June 30, 1975 reported that the Los Alamitos Air Station has an area of influence which is far in excess of the plans under con- sideration this evening and which extends from the west County boundary north to Orange, east to Beach Boulevard, south to Chapman, and westerly to the ocean. Mr. Rowen read a letter dated June 4 from the Anaheim City Council which supported the environs plan for Los Alamitos based on the 1963 level of operations and recommended that an environmental impact report be prepared to reflect the potential level of operations and that the planning area be expanded beyond the 60 CNEL level because of the adverse noise impact. Mr. Rowen pointed out that there was jet activity in 1952, 1954 and 1963 and that the development of the Larwin Tempo homes in 1969 and the rezoning of a portion of the Harvey property and development of the College Park homes came later along with homeowners' complaints about aircraft activity. Mr~ Rowen felt it was the responsibility of the Airport Land Use Commission to review proposed land uses around the airport and deter- mine safety and noise guidelines and he supported the 1963 plan. He felt it was more practical to plan for what can occur and not have it happen than to not plan for something and have it happen. Councilwoman Sonju felt an overwhelming majority of persons present at the meeting supported the 1973 plan and she felt the Council had sufficient input to transmit to the Airport Land Use Commission° She felt the community survey supported this action since it indicated 70% of Cypress residents were opposed to expanded activities at Los Alamitos Air Station. Councilman Harvey indicated that when the City rezoned a portion of the ttarvey property which was an exchange of zoning for industrial property to the south it resulted in removing the residentially zoned land from an important air impact zone and in the City gaining 50 acres of industrial property. He reported that under the original Master Plan for the City, the area which has existing single-family homes was zoned and approved for high density apartments which plan was not opposed by Navy base officials. Councilman Harvey stated the members of the Airport Land Use Commission were not elected by Cypress residents and were not accountable to them but the Cypress City Council was accountable which is why it was taking public testimony in order to represent the citizens. It was moved by Councilwoman Sonju and seconded by Council- man Laeayo that the City Council advise the Airport Land Use Commission that it has held a public hearing on the proposed 1963 environs plan and that the persons attending the meeting were overwhelmingly in favor of adopting the 1973 environs plan and also indicate that the community survey found 70% of Cypress residents opposed to an expan- sion of the Los Alamitos Naval Air Base. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Lacayo, and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanel Sonju City Council Minutes -7- June 30, 1975 ADJOURNMENT: Mayor Frankiewich adjourned the meeting at 9:50 p.m. MAYOR OF THE CITY OF CYPRESS ATYE ST: CITT~LERF/"OF THE/CITY OF CYPRESS