At the request of golf property owner Mr. Christo Bardis, and in an effort to respond to resident concerns about Measure “A” that is on the ballot in the up-coming special election, two Restrictive Covenant Agreements were approved by the Cypress City Council during its Monday, May 13, meeting.
At the request of golf property owner Mr. Christo Bardis, and in an effort to respond to resident concerns about Measure “A” that is on the ballot in the up-coming special election, two Restrictive Covenant Agreements were approved by the Cypress City Council during its Monday, May 13, meeting.
The Restrictive Covenant Agreements are the product of a collaborative effort between Bardis and a resident group called “Citizens for Responsible Development”. The two agreements limit the types of uses permitted in the three planning areas identified in Measure “A” (Planning Areas 1, 10, and 11) to primarily residential development. In addition, the agreements would require enhanced noticing to those property owners within the area bounded by Ball Road to the north, Cerritos Avenue to the south, Walker Street to the east, and Bloomfield Street to the west, assuring full public participation in any applications for development on the property subject to Measure “A”.
"The fully executed Restrictive Covenant Agreements are great examples of democracy in action," said Mayor Prakash Narain, and demonstrate that cooperation and good will between a private property owner and community residents results in a win-win for all involved." They are also an example of how, through a cooperative, civil, and an orderly political process, Cypress residents successfully engaged in a process that makes our City a community of progress and prosperity, and a great place to live, work, shop, and open a business. Once recorded, both Agreements will be posted on the City's web site for the entire community to review.
Shepard Law Attorney Jack Rubens said the covenants grew out of the Katella Avenue conflict in the city.
"The concern about Pro Logis has caused concern about Measure A, not withstanding that Measure A involves another property with different proposed uses," he said. "When the group Citizens for Responsible Development raised concerns, our client began to meet with them and city staff to negotiate the terms of this agreement and provide further assurance that proposed uses for Measure A will, in fact, will be the uses that will occur on the property, and in some cases prohibit uses proposed by the measure, particularly warehouse and distribution facilities."
Residents will receive notice of any project with the Measure A property.
"All these restrictions are designed to provide assurances that Measure A will be what it says to the residents," Ruben said. "This will expand the permitted uses on these parcels and provides development standards for those uses. There has been alot of misinformation out there and I want to clarify this for the record. This is all part of the current zoning standards in the city and offers nothing new."
The economic benefits will help the city with its own daily challenges.
"The city's own independent analysis said there will be at least $412,000 of annual net revenue generated by projects within the Measure A site, and will generate about 500 jobs," Rubens said. "It will also generate $1.25 million in park fees for badly needed parks in the area."
The group also plans on starting the Environmental Impact Report (EIR) before the election as a show of good faith.
"We participated in these agreements and approve of them in substance and strongly encourage the city council to vote in favor of the restrictive covenants," Citizens for Responsible Development President Steven Mauss said. "The caveat is that an independent counsel confirms that the documents are enforceable."
George Pardon publicly thanked the property owners and city council for their diligent work to put the deed restrictions in place.
"I encourage the council to vote in favor of the deed restriction and gain insurance that they are enforceable," he said. "That has been one of our biggest issues because of the language in the measure. The property owner has met with us numerous times and their willingness to work with us has been extraordinary."
Los Alamitos resident Jay Ivler said since his last council visit he has heard a number of troubling things.
"Measure A is a 160 plus page directive, which if passed by the voters will become law," he said. "Section five, paragraph A, entitled implementation says the city shall take no action that is inconsistent with this initiative. If the residents approve Measure A it becomes the law governing the area. You, as a council, are required to carry out the will of the people and carry out all of the provisions approved, which includes warehouse and distribution. The limitations on the land use proposed in this agreement are inconsistent with Measure A, and the city shall take no action that is inconsistent with this agreement."
Ivler called the restrictions sideshow misdirection carried out by multiple players.
"Nothing done here by negotiation can change the law," he said. "As Measure A states, the city shall take no action inconsistent with the law, so these sideshows are just misdirection to shut down the opposition."
City Attorney William Wynder said the restrictions are enforceable.
"Our office has carefully reviewed the documents and we are satisfied that it is fully enforceable," he said. "The covenants are entered into prior to Measure A's approval and will become the law when Measure A takes effect.
The covenants will run with the land.
"They will be recorded and enforceable regardless of who owns the property," Wynder said. "All title reports obtained by a perspective development will show the restrictions. The city has the full power to enforce the covenants."
The next Cypress City Council meeting is Monday, May 27.