Minutes 88-09-26
/ - q-:z.i:.'
"35
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
September 26, 1988
The regular meeting of the Cypress City Council was called to order at 5:40
p.m. on Monday, September 26, 1988, in the Cypress City Council Chambers, 5275
Orange Avenue, Cypress, California, Mayor Margaret Arnold presiding.
PRESENT: Councilmembers Davis, Kanel and Arnold
ABSENT: Councilmembers Coronado and Mullen
Also present were City Manager/City Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Hill, Hurst and Lowenberg
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M, Agenda. None were
presented.
At 5:45 p.m., the City Council recessed to conduct a joint meeting with the
Cypress CATV Commission.
Commissioners present: Adams, Glass, Martin and Spurgeon
The Commissioners advised that they are a new Commission and had requested the
joint meeting to inform the Council what they are doing, are planning to do
and to receive direction from the Council.
The Commissioners reported they are initiating a Producers Club in the City of
Cypress to gather interested individuals together who are producing or would
like to produce video material for cable television. The first meeting of the
Club will be conducted in the Council Chambers on October 17 with guests from
other Producers Clubs. The Commissioners responded to questions from the
Councilmembers regarding the number of people indicating an interest in the
group, membership eligibility requirements, experience and training. It was
the Commissioners opinion that progress wasn't being made fast enough, more
programming is needed on the City and public access channels and suggested
that if more programming is desired, then permission is needed to produce
shows and form a Producers Club.
They also asked the Council to consider allowing the Commission to recruit
CATV Commission interns from local high schools and colleges to involve them
in programming which would be a use of the money set aside for program
producing and most colleges require Communications students to perform an
internship.
They also wished to offer different levels of grant funding areas and would
present a proposal to the Council.
The Council suggested that this be placed on the CATV agenda for discussion
and recommendations and then brought back to the Council.
The Council and Commissioner members discussed speeding up the process and it
was suggested that time limits be placed on proposed projects.
The Commissioners stated that announcements are running constantly on cable
television about the availability of the grant applications and there has not
been that much response.
They mentioned the possibility of computerized logo generation identifying the
public access channel.
The Commissioners suggested that all the City Commission booths be placed
under a single roof at the Community Festival so visitors know the City
Commissions available and what they do.
The Council continued its regular meeting at 6:14 p.m.
CONSIDERATION OF AWARD OF CONTRACT FOR MATERIALS TESTING AND INSPECTION FOR
STREET MAINTENANCE SLURRY SEAL ON VARIOUS STREETS IN THE CITY OF CYPRESS -
CITY OF CYPRESS PROJECT NO. 8868-90: Bids were requested from three firms and
1
1-2c'/J-
356'
City Council Minutes September 26, 1988
one firm responded with a proposal for professional materials testing and
inspection services for street maintenance slurry seal on various streets in
the City;
It was moved by Councilman Kanel and seconded by Councilman Davis to authorize
retention of W.R.G. Co. Inc., P.O. Box 892, La Habra, CA 90631, to perform
professional materials testing and control services, as outlined in this
report, on a time and materials basis, not to exceed $11,680.00. The motion
unanimously carried by the following roll call vote:
~"';"'~
AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Mullen
CONSIDERATION OF AWARD OF CONTRACT FOR STREET MAINTENANCE SLURRY SEAL ON
VARIOUS STREETS IN THE CITY OF CYPRESS - CITY OF CYPRESS PROJECT NO. 8868-90:
Four bids for the street maintenance slurry seal on various streets in the
City of Cypress were received on September 15, 1988.
It was moved by Councilman Davis and seconded by Councilman Kanel to determine
that the lowest responsible bidder for City Project No. 8858-90 is Pavement
Coatings Company and award a contract for the street maintenance slurry seal
on various streets in the City of Cypress to Pavement Coatings Company, P.O.
Box 1491, Cypress, California 90630, in the amount of $110,469.80. The motion
unanimously carried by the following roll call vote.
AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Mullen
CONSIDERATION OF AWARD OF CONTRACT FOR THE RE-ROOFING OF THE CYPRESS COMMUNITY
CENTER. CITY OF CYPRESS PROJECT NO. 8905-90: Eight bids were received for the
re-roofing of the Cypress Community Center at 5700 Orange Avenue, Project No.
8905-90.
.
It was moved by Councilman Kanel and seconded by Councilman Davis to: 1 )
allow the low bidder, Maintenance Roof Service, to withdraw its bid in the
amount of $63,415.00; 2) reject the second low bid from Saddleback Roofing,
because its alternate specifications do not meet the minimum City
specifications; and 3) find that Nelson Roofing, Inc. is the lowest
responsible bidder and award a contract for the re-roofing of the Community
Center at 5700 Orange Avenue, Project No. 8905-90, to Nelson Roofing, Inc.,
1849 Reservoir Drive, Long Beach, CA 90804 in the amount of $82,477.00. The
motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Mullen
CONSIDERATION OF AWARD OF CONTRACT FOR D.A.R.E. T-SHIRTS: Three bids were
received to provide D.A.R.E T-shirts, black with white and red lettering,
which are provided to sixth grade students at the conclusion of the Fall and
Spring semesters.
It was moved by Councilman Davis and seconded by Councilman Kanel to authorize
the purchase of D.A.R.E. T-shirts from Olympic Creations, 316 Cherry Avenue,
Brea, CA 92621 in the amount of $3,869.00. The motion unanimously carried by
the following roll call vote:
,..""~~
AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Mullen
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered
by the City Council to be routine and will be enacted by one motion approving
the recommendations listed on the Agenda.
Councilman Davis requested clarification on Item N13, which appeared to
approve a different type of liquor license than the Type "41" now existing.
The City Manager explained the Type "41" is in existence now and the
application is for a person-to-person transfer.
2
City Council Minutes September 26, 198~37
~'...
It was moved by Councilman Davis and seconded by Councilman Kanel to approve
the Cons~nt Calendar Items N5 through N19. The motion unanimously carried by
the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Mullen
Item N5: Motion to Approve the City Council Minutes of the Regular Meeting of
September 12, 1988.
Recommendation: That the City Council approve the Minutes of September 12,
1988, as submitted.
Item #6: Motion to Introduce and lor Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading,
Item #17: Consideration of Proclaiming October 1988, as "Escrow Month."
Recommendation: That the Mayor and City Council officially proclaim the month
of October 1988, as "Escrow Month" in the City of Cypress as requested.
Item N8: Consideration of Proclaiming the Week of October 2 - 8, 1988, as
"Mental Illness Awareness Week."
Recommendation: That the Mayor and City Council officially proclaim the week
of October 2 - 8, 1988, as "Mental Illness Awareness Week" in the City of
Cypress.
Item N9: Consideration of Monthly Investment Program for the Month of August
1988.
Recommendation: Receive and file.
Item NI0: Consideration of Proclaiming October 9 - 15, 1988, as "Fire
Prevention Week."
Recommendation: That the Mayor and City Council officially proclaim the ewe
of October 9 - 15, 1988, as "Fire Prevention Week" in the City of Cypress.
Item N 11 : Consideration of Adoption of Resolutions Commending Boy Scouts
Jeffrey Scott Nuttall and Joel Lynn Nuttall on Achieving the Rank of Eagle
Scouts.
Recommendation: That the City Council adopt the Resolutions of Commendation
by title only. titles as follows, for Eagle Scouts Jeffrey Scott Nuttall and
Joel Lynn Nuttall.
RESOLUTION NO. 3448
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT JEFFREY SCOTT NUTTALL ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 3449
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT JOEL LYNN NUTTALL ON ATTAINING THE RANK OF EAGLE SCOUT.
Item #112: Consideration of Proclaiming October 15, 1988, as "White Cane
Safety Day."
Recommendation: That the Mayor and City Council officially proclaim October
15, 1988, as "White Cane Safety Day" in the City of Cypress as requested.
Item N13: Consideration of Application for an Alcoholic Beverage License
Transfer from Nittaya Aroonsrisopon and Apichat Chatimontree, D.B.A. Thai
Place, 5111 Ball Road, Cypress.
Recommendation: Receive and file.
3
r' . / /
? I ...;
~~ty Council Minutes September 26, 1988
Item #14: Consideration of Proclaiming October 23 - 30, 1988, as "Red Ribbon
Week."
Recommendation: That the Mayor and City Council officially proclaim October
23 - 30, 1988, as "Red Ribbon Week" in the City of Cypress.
Item #15: Consideration of Additional Appropriation of 1987-88
Encumbrances - City
Recommendation: That the City Council authorize an appropriation from the
unreserved fund balance of the General Fund to Account No. 4189-11-112-02 in
,
the amount of $15,477, as outlined in the report.
Item #16: Consideration of Appointments to the 1988-89 Youth Commission.
Recommendation: That the City Council ratify staff's recommendations for the
1988-89 Youth Commission and Task Force as outlined in the report.
Item #17: Consideration of Resolution Adopting a City-wide Street Sweeping
Schedule.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, adopting the City-wide street sweeping schedule, prohibiting
parking on designated sweeping days between 8:00 a.m. and 12:00 Noon, in
accordance with Cypress City Code Section 16-54 (k), and directing the City
Engineer to post signs specifying "no parking" as designated therein, at
appropriate locations.
RESOLUTION NO. 3450
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A CITY-
WIDE STREET SWEEPING SCHEDULE.
Item #18: Consideration of Communications Agreement.
Recommendation: That the City Council approve the Communications Agreement
between the County of Orange and the City of Cypress as outlined in the report
and authorize the Mayor to sign and the City Clerk to attest to the Agreement.
Item #19: Consideration of Supporting the City of Seal Beach's Resolution
Opposing any Future Consideration for Commercial or General Aviation Activity
at the Seal Beach Naval Weapons Station.
Recommendation: That the City Council go on record in support of the City of
Seal Beach's Resolution No. 3814, opposing any future consideration to
commercial or general aviation activity at the Seal Beach Naval Weapons
Station and authorize the Mayor to transmit a letter expressing our opposition
to the Airport Site Coalition.
ORDINANCES (Second ReadinQ) & RESOLUTIONS:
It was moved by Councilman Kanel and seconded by Councilman Davis to order the
following Ordinance read by title only, title as follows and to adopt the
Ordinance amending the Code relative to Bus Shelters.
ORDINANCE NO. 807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
15.3(F)(6) OF APPENDIX I, "ZONING," OF THE CODE OF THE CITY OF CYPRESS
RELATIVE TO BUS SHELTER AGREEMENTS.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Mullen
The City Manager stated that Councilman Mullen had requested that this item be
continued to the next Council meeting. It was moved by Councilman Davis and
seconded by Councilman Kanel to continue the second reading of the Ordinance
adjusting City Council compensation to October 10, 1988.
4
-
City Council Minutes September 26, 1988339
The motion unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Coronado and Mullen
EXECUTIVE SESSION: Mayor Arnold called an Executive Session at 6:24 p.m. for
matters of personnel and litigation.
COUNCILMAN CORONADO ARRIVED AT 7:06 P,M.
The regular meeting reconvened at 7:36 p.m. with all Councilmembers present
except Councilman Mullen and staff members present were DeCarlo, Hill, Hurst,
Leonard, Lowenberg and Zimmerman.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Kanel.
The City Attorney summarized the two matters discussed during Executive
Session which involved settlement authority and the pending litigation
regarding Hollywood Park.
The City Manager summarized the actions taken by the City Council during the
5:30 p.m. portion of the meeting.
CONSIDERATION OF PRESENTATION BY KARIN KRIPPENE. RELATING TO THE CYPRESS HIGH
SCHOOL'S GRAD-NIGHT '89 EVENT: Mrs. Karin Krippene, Co-Chairperson of the
Cypress High School's Grad-Night '89 event, presented a proposal on the
importance of providing a grad night for student to keep them busy and asked
the Council to pledge $1.00 per senior student or $450.00 towards the cost.
Councilman Kanel requested this item be placed on the October 24, 1988 Agenda.
Mrs. Krippene requested that a camera be available at that meeting to show a
video.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda.
Ms. Susan Ver Steeg, 5352 DeLong Street, Cypress, presented a petition to the
City Council requesting the rezoning of their neighborhood. The City Manager
suggested that the petition be received and filed and staff will return with a
report to the Council.
Mr. Kent Boydstun, representing K.C. Chang the developer of the 42 unit
apartment complex on Walker and Watson, stated they intend to combine the two
parcels and are asking for a continuance to design a project that will work
well for the neighbors as well as the City.
Mr. Michael Scully, 9398 Danbury Street, Cypress, asked if the City has in
writing what Cypress Homes agreed to pay the Cypress School District. The
City Manager advised that there are several other approvals required before
they proceed with the development agreement and various aspects of this
project will have to be put in writing and other conditions imposed.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress. registered a complaint about
blowers that are used to clear the sidewalks and suggested vacuums be used.
Mayor Arnold commented that the City will follow up, see how much of a problem
it is and if it can be resolved.
Mr. Manuel Machado, 5432 DeLong Street, Cypress, complained about the old
house next to him and the overgrown trees and shrubbery, which should be
cleaned up. Mayor Arnold requested staff to advise if it is a matter that
should be brought before Council.
Councilman Coronado expressed concern that a City Council candidate was
stuffing mailboxes with literature, which violates postal regulations.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 p.m. Agenda.
None were presented.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 88-13 AND PARCEL MAP NO. 88-273. 42-UNIT APARTMENT COMPLEX. INCLUDING 8-
UNIT DENSITY BONUS AND COMBINING TWO PARCELS: Mayor Arnold opened the public
hearing. The City tlanager presented the staff report dated September 21,
1988, which requested a continuance of this item to October 24.
5
4. ,) {- / {
340City Council Minutes September 26, 1988
It was moved by Councilman Kanel and seconded by Councilman Coronado to
continue this item to October 24. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A NON-
EXCLUSIVE TAXICAB FRANCHISE - AMERICAN TRANSPORTATION ENTERPRISES. INC.
( AMTRANS): Mayor Arnold declared the public hearing open. The City Manager
referred to the staff report dated September 21, 1988, which indicated that
this item cannot be officially acted upon this evening other than to close
this hearing and adopt a Resolution of Intention which would set the public
hearing for 7:30 p.m., October 10, 1988.
It was moved by Councilman Kanel and seconded by Councilman Davis to close the
public hearing, adopt the Resolution of Intention by title only, title as
follows, to consider the application submitted by AMTRANS and set the public
hearing for 7:30 p.m., October 10, 1988.
RESOLUTION NO. 3451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SETTING A PUBLIC
HEARING FOR THE CONSIDERATION OF A TAXICAB FRANCHISE APPLICATION FILED
BY AMERICAN TRANSPORTATION ENTERPRISES, INC., (AMTRANS).
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 88-332. MT. CALVARY
LUTHERAN CHURCH. 5961 BALL ROAD: Mayor Arnold opened the public hearing. The
Interim Planning Director recapped the staff report dated September 16, 1988,
which represented a request to divide one parcel into two parcels on property
located at 5961 Ball Road. According to the requirements of the California
Environmental Quality Act, a Negative Declaration will be filed for this
project. Notices of this public hearing were posted, published and mailed to
all property owners within 300 feet of the subject property.
Mr. Mark Waldschmidt, 6210 Ronald, Cypress, representing Mt. Calvary Lutheran
Church, responding to a question from Councilman Kanel, stated that the
property is being subdivided, a new church will be built on the westerly
portion, the easterly portion will be sold and they are anticipating a strip
center will be built there.
No one else wished to testify in support of or opposition to the application.
It was moved by Councilman Kanel and seconded by Councilman Coronado to close
the public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environment Quality Act and approve Parcel Map
No. 88-332, subject to two conditions. The motion unanimously carried by the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT 1 COUNCILMEMBERS: Mullen
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-24. CHILI'S
RESTAURANT. NORTHWEST CORNER OF CORPORATE AVENUE AND VALLEY VIEW STREET: The
public hearing was declared open by Mayor Arnold. The City Manager informed
the City Council that there was a late afternoon meeting today with
representatives of the applicant and the Planning staff and there is an
amendment on condition #28. The Interim Planning Director recapped the staff
report dated September 16, 1988 which represents a request to construct and
operate a sit-down restaurant with general alcohol at the northwest corner of
Corporate Avenue and Valley View Street. He also explained that the last
minute adjustment to Condition #28 was the result of concerns about the multi-
colored awnings and signage. In accordance with the requirements of the
6
c:; > (/--:/
City Council Minutes September 26, 198641
California Environmental Quality Act, a Negative Declaration will be filed for
this project. Notices of this public hearing were published, posted and
mailed to all property owners within a 300 foot radius.
Mr. Andy Gerdes, representing K.S.A. Architects, 4543 Post Oak Place, Suite
150, Houston, TX, explained the Chili's Restaurants philosophy, agreed to
accept all the conditions and revisions and are looking forward to becoming
part of the community.
Councilman Kanel asked if the application was a combination conditional use
permit and alcohol approval and the City Manager advised that another
condition be added regarding the onsite sale of alcoholic beverages.
Councilman Kanel asked that the correct language be inserted in the
conditions. The City Attorney suggested changing Condition #24 to read: "The
applicant shall satisfy all necessary requirements for an onsale General
License through the State Department of Alcoholic Beverage Control prior to
Conditional Use Permit No, 88-24 becoming effecUve."
Mayor Arnold asked if anyone wished to speak in behalf of or against the
application. No one did so.
It was moved by Councilman Davis and seconded by Councilman Kanel to close the
public hearing, certify the Negative Declaration in accordance with the
requirements of the California Environmental Quality Act, approve Conditional
Use Permit No. 88-14, subject to the conditions, including revised Condition
#24. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMfMBERS: Coronado, Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
CONSIDERATION OF PUBLIC HEARING RE: DESIGN REVIEW NO. 88-29 AND PARCEL MAP
NO. 88-348. 8-UNIT APARTMENT COMPLEX. 9711 GRAHAM STREET: Mayor Arnold opened
the public hearing. The City Manager referred to the staff report dated
September 19, 1988, which requested a continuance for Design Review Committee
No. 88-29 and Parcel Map No. 88-348 in order to allow for a complete review of
the parcel map.
It was moved by Councilman Kanel and seconded by Councilman Davis to continue
this matter to the City Council meeting of October 24, 1988. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
CONSIDERATION OF PUBLIC HEARING RE: TENTATIVE PARCEL MAP NO. 88-267.
WARLAND/CYPRESS BUSINESS PARK. SOUTHWEST CORNER OF KATELLA AVENUE AND VALLEY
VIEW STREET: Mayor Arnold opened the public hearing. The staff report dated
September 16, 1988 asked for a continuance to allow adequate time for the
review of the specific plan and project design issues.
It was moved by Councilman Kanel and seconded by Councilman Davis to continue
this matter to the City Council meeting of October 24, 1988. The motion
unanimously carried by the following roll call vote:
AYES: 4 COllNCILMEMBERS: Coronado, Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
CONSIDERATION OF DESIGN REVIEW COMMITTEE NO. 88-28. COMMERCIAL OFFICE
BUILDINGS. 5633 LINCOLN AVENUE: The Planning Technician presented the staff
report dated September 29, 1988, which represented a request to demolish an
existing building and construct two, two-story office buildings on property
located at 5633 Lincoln Avenue. In accordance with the requirements of the
California Environmental Quality Act, a Negative Declaration will be filed for
this project.
Mr. Thomas Woodman, Architect, 201 Cerrito Cielo, San Clemente, representing
the applicant Dr. Fukumoto, explained the proposed project, agreed to all
conditions imposed and answered questions from the members of the Council.
7
~/f
,-
342ity Council Minutes September 26, 1988
Councilman Coronado commended the architect on the creativity displayed in the
utilization of the deep, narrow lot.
Responding to an inquiry from Councilman Kanel, Mr. Woodman responded that the
rear building will have a medical/dental use and the front building will be
for General Commercial.
After some discussion on parking requirements and signage, it was moved by
Councilman Kanel and seconded by Councilman Coronado to certify the Negative
Declaration prepared according to the requirements of the California
Environmental Quality Act and receive and file Design Review Committee No. 88-
28, subject to conditions. The motion unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
CONSIDERATION OF SPECIAL PRESENTATION ON THE PROPOSED CYPRESS DOWNS
SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT REPORT. SPECIFIC PLAN NO. 88-4.
GENERAL PLAN AMENDMENT NO. 88-5. ZONE CHANGE NO. 88-7. AND DRAFT CYPRESS DOWNS
DEVELOPMENT AGREEMENT NO. 88-1: The City Manager introduced the Specific Plan
88-4 proposal for the Cypress Downs development on the Los Alamitos Race Track
property. A supplemental draft Environmental Impact Report (EIR) has been
prepared and distributed for public review and comment for the period August 9
through September 23, 1988. A special community meeting was held on
Wednesday, September 21 and public comments presented will be incorporated
into the final EIR. The public will have further opportunity to present its
views to the City Council meeting tonight after the special presentation by
SDC, which is intended to provide information in preparation for the formal
public hearing. A full discussion will be held at the noticed public hearing
on October 10, 1988 and it is anticipated that meeting might be continued to
allow the City Council further time to deliberate on this very important and
significant developmental aspect of the community. The City Attorney advised
the audience that it was an opportunity for them to comment, ask questions or
make statements for the record. He further advised that responses to
questions will be addressed at the October 10 meeting.
Mr. Jim Watson, SDC Development Limited Partnership, 1601 Avocado, Newport
Beach, stated that there was much information to share, hoped to answer some
of the many questions anticipated and re-introduced his organization in
response to leaflets disseminated just prior to this portion of the meeting.
He reported that SDC has agreed to buy the property from Hollywood Park, have
talked to many groups aligned with or concerned about the property and gleaned
the following key elements from those discussions: density, open space and
preservation of greenbelt areas to be incorporated into the project and
traffic impact on the City of Cypress. He advised that these concerns were
considered, discussed and a new development plan was devised, the basic
elements being: reduced density, additional land area to churches and
schools, traffic mitigation measures and a number of other positive elements.
He stated that the impact of Cypress Downs on Cypress and surrounding areas is
positive and new revenues to the City will be generated.
Responding to Councilman Coronado, Mr. Watson answered that the $6 million for
racetrack improvement will be expended over a set period of time once the
project is approved.
Mr. Don Robbins, Hollywood Park Realty Enterprises, stated that they have
commenced measures to cut weeds and mow lawns at the golf course and the
effort will be concluded this week.
In answer to Councilman Coronado, Mr. Watson summarized SDC's position by
stating that Hollywood Park owns the property, escrow has been entered, $5
million has been advanced and they will only acquire the property if the
Cypress Downs project is approved. The City Manager clarified that the
Council has every prerogative to make whatever meaningful adjustments to the
Plan as deemed appropriate and then the applicant determines whether it is
satisfactory to proceed with the project.
After some discussion on the traffic, the City Manager advised there is a TSM
program underway, developer fees are being accumulated for the construction of
traffic mitigation improvements that will deal with the traffic generated by
8
CJ- ,._ / /7
City Council Minutes 343
September 26, 1988
Cypress Downs and will also deal with traffic generated by surrounding
projects in the Cypress Business Park.
Mr. Jack Camp, Langdon. Wilson, Mumper Architects, presented and explained the
conceptual site plan superimposed on the aerial photo, a development plan and
a model of the conceptual site plan of the completed project following the
guidelines in the Specific Plan.
Mr. Robbins stated that 7.200 parking spaces is more than adequate for
weeknight and weekend meets at Los Alamitos and are looking toward increasing
patronage if plan is approved and improvements made. He further stated there
are absolutely no plans to eliminate the race track.
Mr. Watson clarified that the arrangement SDC concluded with Hollywood Park
contemplated a contractual obligation to horse racing at the facility through
2001.
Mr. Jim Smith, Executive Vice President and General Manager of Horsemen's
Quarterhorse Racing Association, expressed concerns about the overall
development as it affected the lease and the race track, traffic, and the
general good of the community. He stated the current track is not a facility
that the community is proud of, this is a plan to enhance the race track and
he is fully supportive of the plan.
Pastor Mick Ukleja, Grace Community Church, 6486 Bixby Hill Road, Long Beach,
stated they have a letter of intent from SDC, a price has been agreed upon and
if the project is approved, then there will be an agreement. He explained the
type and number of athletic facilities the church is planning to build and
responded to questions from Council.
RECESS A recess was taken at 9:55 p.m. and the meeting reconvened at 10:07
p.m. with all Councilmembers present, except Councilman Mullen.
Mayor Arnold reminded the audience that the Council will listen to input from
the citizens and responses will be made at the public hearing scheduled for
October 10, 1988.
Mr. Charles San Martin, 5822 Lime Avenue, Cypress, stated that Cypress Downs
was a large endeavor, he is not against it but felt it should be postponed
until the EIR has been investigated because it did not address some of the
traffic problems.
Mr. Brett Holleman, 5786 Stratmore Avenue, Cypress, reported he was at the
community meeting, heard a number of negative comments about the Cypress Downs
project from the Concerned Citizens, but did not hear an alternative plan. He
stated the Cypress Downs project should be put on the ballot for the vote of
the c it i zens .
Mr. Richard Pellegrini, 4602 Ranier Drive, Cypress, stated, for the record,
that he was a citizen for the Cypress Downs project. He expressed concern
that if the project is not approved, who will develop the land in the future
and SDC has proposed a tasteful development, taking into consideration the
concerns of the citizens.
Ms. Carol Owens, 4322 Jade Avenue, Cypress, asked some questions of Councilman
Coronado regarding the agreement with SDC and parking conditions that will be
available in the development.
Ms. Beverly Martin, 6849 Tahiti Drive, Cypress. asked if the project was not
approved and litigation was pursued, how much money would the City have to
spend. She also stated she didn't want to be obligated to pay for a fight she
didn't start, that she doesn't agree with and is in favor of something
reasonable such as the Cypress Downs project.
Responding to Councilman Kanel, the City Attorney clarified that there are
three lawsuits: one involves whether or not this property is to be zoned
Business Park or PS and the other litigation involves money damages and the
amounts in the complaint are upwards of $125 million. Mayor Arnold stated
that the Council's task is to judge the merits of the project and whether this
is an acceptable plan.
9
, ' Iv
-' (o' . I,
344:ity Council Minutes September 26, 1988
Mr. Bob Kietzman, 9684 Paseo de Oro, Cypress, expressed dismay regarding the
property surrounding the race track, which has caused the City to lose
considerable revenue and has divided the citizens into conflicting groups. He
expressed support of the project and felt it was time to proceed with the
orderly development of the project as proposed by SDC.
Mr. Bill Matthews, 4223 Paseo de Plata, Cypress, commented that he hated to
see the golf course go, but it's gone and the citizens of Cypress deserve the
highest and best use of the property and SDC's proposed project seems to be
well planned. He asked to go on record as supporting the project, which he
perceives as a benefit to the surrounding community and everyone involved.
Mr. Jack Parks, a property owner at 4015 Bryant Court and 5551 Danny, remarked
that presently the race track is an eyesore and the development will eliminate
that, enhance the City of Cypress and he supports the project.
Ms. Susan Bram, 4524 Larwin Avenue, Cypress, representing the Citizens for
Sensible Growth, spoke in favor of the Cypress Downs project and believed it
offered a viable, well-planned and aesthetically pleasing option for the Los
Alamitos Race Track.
Ms. Christine Swain, 5362 Crescent Street, Cypress, expressed her total
support of the project.
Ms. Cecilia Age, 9565 Normandy Way, Cypress, commented that she would like to
see a more comprehensive, more accurate report done on the traffic impact.
She also stated that the traffic portion of the EIR should include businesses
of hundred or more employees, and include consideration of the Los Alamitos
residents, with signal upgrade and light synchronization put into a final
report.
Mr. Tom Glomchek, 4270 Avenida Sevilla, Cypress, said he wished to see
progress in the City of Cypress and SDC's project could accomplish that in
many ways and enumerated those ways. He would like to see Cypress grow and
progress.
Mr. Phil Wendel, 2847 Knoxville Avenue, Long Beach, President of the Cypress
Chamber of Commerce, stated he has reviewed the proposed project and find that
there are some very strong advantages for Cypress and the business community
at large. He commented that when the area is built out, there will be
approximately 5,000 jobs right in the City. He also stated Regulation 15 will
force employers to cut the number of cars coming into their operations and the
focus is to control traffic.
Mr. Tim Flaming, 5393 Vista Hermosa, Cypress, believed the property will be
developed, appreciated the fact that SDC appears to be putting solid planning
into their proposal, a good EIR, are working with Cypress and Los Alamitos.
He appreciated that the problems of people and traffic are being proposed to
be met.
Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, stated that drugs and mobs
followed big groups and buildouts and the children will not have a place to
play. He advised that he was against the project 100%.
Mr. Bob Kingsbury, 4117 Avenida Sevilla, Cypress, voiced his concern that we
will go through the process, see two new members of the Council in November
that will have to start allover again and the people need the opportunity to
vote and this Council has the obligation to give them that opportunity.
Mr. Randy Parkins, 14402 Helwig, Norwalk, member of the church, stated that
his was a member of the church and asked the Council to give the project
favorable consideration.
Mr. Art Bault, 3862 Danwood, Los Alamitos, owns property in Cypress, stated
his primary concern is that the voters may be deprived of the privilege to
vote on this project, doesn't want the voters disinfranchised by a small group
of people and it should be placed on the ballot for a vote.
Mr. Charles Hicks, 10669 Charles Circle, Cypress, advised that it is
inevitable that this property will be developed and we have an ideal
opportunity to manage and control the growth of the City in the direction we
want to go.
10
? ," {.
City Council Minutes 345
September 26, 1988 ~
Mr. James E. Sutherland, 9802 Bloomfield Street, Cypress, noted for the record
that there was no notice on the Agenda or anyplace else that there would be
any comments taken on the EIR and most of the comments made here tonight did
not pertain to the EIR. He also advised that there is traffic mitigation that
cannot be accomplished and the mitigation in the City of Los Alamitos proposed
by the EIR were to be accomplished by coordination, cooperation and joint
efforts of Cypress, Los Alamitos and SDC.
Ms. Kim Foltz, Los Alamitos, stated that the tall buildings will be looking
right into their homes and she would like a height limit. She advised Los
Alamitos will have the traffic congestion, will be gridlocked to the 605
Freeway and is concerned with Enterprise Drive being opened up and coming into
their tract.
Ms. Kathy Matthews, 4223 Paseo de Plata, Cypress, expressed support for the
Cypress Downs project, it was a matter of time before the property was
developed and SDC has proposed a visibly attractive plan, which will enhance
the community.
Ms. Lois Waddle, 11092 Ticonderoga, Los Alamitos, has major concerns about the
plan and asked the City Council to audit and verify the information that is
being presented from Hollywood Park. She advised that are overflow parking
problems now at the major meets held several times a year.
There were no other comments presented and Mayor Arnold announced that this
item would be the subject of a public hearing on October 10, 1988, with
questions and concerns addressed.
There was discussion on the content of the October 10, 1988 Council meeting as
to whether the EIR discussion be separate from the other items and Councilman
Kanel suggested possibly hearing the fIR on October 11, 1988 or moving the
meeting to the Community Center. The City Attorney advised that the City had
already published one notice and are going to publish again, which specified
the Council Chamber, October 10, 1988 at 7:30 p.m. Councilman Kanel said we
should consider moving the meeting if there are so many people that the
building cannot accommodate them and doesn't think we should be legally tied
to the Council Chambers.
RECESS: Mayor Arnold called a recess at 11:10 p.m. The meeting reconvened at
11:21 p.m. with all Councilmembers present as before.
Councilman Coronado said that he wanted to hear all the input and all the
responses and moved to an area that will be adequate to accommodate all the
people present. He suggested making a decision this evening to move the
meeting to the Community Center and to an earlier hour such as 6:30 p.m.
The City Attorney suggested the Council consider that this matter would be
heard at 7:30 p.m. at the City Hall on October 10, 1988 and then have an
alternative site available, set up and ready to go so that if there are too
many people here, the meeting could be adjourned and then everyone will have
notice of the meeting being moved; however, the Community Center may not have
cable television coverage.
Councilman Kanel mentioned the drop line at the Community Service Center and
the mobile truck that CopleylColony has may be utilized.
Councilman Davis stated that it was important that this public hearing be
televised. Mayor Arnold stressed the importance of televising this meeting.
She suggested announcing that the meeting will be held at 7:30 p.m. on October
10, 1988 and if we can provide a reasonable alternative, we will.
Mr. Sutherland maintained that the focus should be the five decision makers
sitting on the Council and, with that in mind, he suggested that more than one
night be available for the hearing.
Mr. Don Robbins stated that it was critical that if live television can't be
provided, then the meeting not be moved and notice has been given that it will
be held in the Council Chambers and people rely on the fact that they can
watch television. He advised the potential for a defective notice is greatly
enhanced from the legal standpoint if you don"t have live television. He
urged the Council to leave it in the Council Chambers if they can't have live
television.
11
)~/ ."
:J4~ty Council Minutes September 26, 1988
Mr. Watson commented that SDC has strongly supported taking the concept to a
vote of the people and there are citizens in Cypress that are unable to drive
to the City Hall who are probably dependent on watching these meetings on
television and argued that it would be unfair to hold it anywhere that it
could not be televised.
After further discussion, the City Attorney suggesting having the facilities
available at the Community Center and if it becomes too crowded in the Council
Chambers then direct the people to the Center. He advised that the meeting be
commenced at the Council Chambers because it is legally required and the most
important thing is there be a response to comment.
Mayor Arnold summarized the discussions and the public hearing will be held in
the Council Chambers on October 10, 1988 at 7:30 p.m., we will try to make it
the only Agenda item and there is a division of Council on moving the meeting
to a facility that does not have the capability of televising the hearing.
CONSIDERATION OF LINCOLN CENTER MOBILE HOME PARK. 9080 BLOOMFIELD: The City
Manager referred to the staff report dated September 20, 1988, which indicated
that a communication had been received from the park residents and it implied
that the park management and the parent company were unresponsive to the
residents and the problems encountered within the park. The Council asked
staff for a report, which the Police Department has provided and the owners
have been invited to attend the meeting.
The Police Chief corrected the statistical information from 21 activities
rather than 27 during the month of January and would be 221 police activities
for the period January 1 to September 6, 1988. He also reported that the
mobile home park had asked them to patrol, checking the area on a frequent
basis.
Mr. Jim Stewart, 9080 Bloomfield Street, Sp. 91, Cypress, stated that he has
relinquished all involvement within the mobile home park and his home is up
for sale.
Mr. Joe Cortelese, Managing Director of the Lincoln Center Mobile Home Park,
remarked that he had spoken to the two women who initiated the petition and
informed Council that everything has been worked out. He reported there was
some concern with security, there has to be some system and he has hired a
security officer,
Councilman Davis said that there have been a lot of police calls for one small
section of the City and the Council is concerned about all the citizens of
Cypress.
Mayor Arnold commented that all citizens in Cypress are important and the
monitoring of their safety and welfare is of concern to this Council and it
appears that a cooperative effort is necessary.
Councilman Kanel suggested the utilization of a part-time security guard to
come in on a Saturday, which seems to be the day which has the most activity.
Mr. Stewart complimented the Police Department on patrolling the park and
their presence is gratefully accepted.
Mayor Arnold moved to receive and file the report and hearing no objection, so
ordered.
CONSIDERATION OF RESOLUTION OF APPLICATION FOR DISSOLUTION OF THE CYPRESS
COUNTY WATER DISTRICT: The City Manager presented the staff report dated
September 16, 1988, which indicated that prior to the effective date of
Annexation No. 88-1, the City must initiate proceedings to detach the
annexation area from the Cypress County Water District.
Responding to questions from Councilman Davis regarding the acquisition of the
assets and if there will be expenses involved, the City Manager answered that
the City is taking over responsibility for the water district, which includes
the maintenance of the existing sewer system. He advised the City receives
some monies through the special district augmentation funds, would
automatically become part of our revenue source and there is also a sewer
connection fee. The City Attorney remarked that the county is attempting to
12
Cj- 2 {; / '_--'
City Council Minutes September 26, 1988~~j1
resolve this as quickly as possible, the small portion remaining after
annexation will not be economically feasible to remain a sewer district and
the Public Works Director maintained that there was no other way to
accommodate the consolidation of the district.
The City Manager advised that the water district has kept the same maintenance
schedule as the City and the assets from the District can be used for repairs.
It was moved by Councilman Kanel and seconded by Councilman Davis to adopt the
Resolution by title only, title as follows, to dissolve the Cypress County
Water District and naming the City of Cypress as the successor agency.
RESOLUTION NO. 3452
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING
APPLICATION AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO
UNDERTAKE PROCEEDINGS FOR THE DISSOLUTION OF THE CYPRESS COUNTY WATER
DISTRICT AND NAMING THE CITY OF CYPRESS AS THE SUCCESSOR AGENCY.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
ABSTAINED: 1 COUNCILMEMBERS: Coronado
CONSIDERATION OF ORANGE COUNTY REGIONAL NARCOTIC SUPPRESSION PROGRAM: The
Police Chief presented the staff report dated September 14, 1988, which
indicated two concerns related to drug trafficking, one is prevention and the
other is enforcement. The program has been very successful and if the City
had been involved since its inception would have realized about $400,000 as
our share of being involved with one police officer.
After some discussion, it was moved by Councilman Coronado and seconded by
Councilman Kanel to approve the assignment of a Police Officer to R.N.S.P. and
further approve funding for replacement of that R.N.S.P. Officer to permit
maintenance of authorized local staffing levels. Councilman Kanel stated
that, in essence, we are acquiring another police officer. Councilman Davis
remarked that the budget was just completed; however, this is an important
project and he supports it. Mayor Arnold commented that the program has
already proven itself and is very worthy. The motion unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 28509 -
28745: It was moved by Councilman Davis and seconded by Councilman Kanel to
approve the Warrant List for Warrant Nos. 28509 through 28745 in the amount of
$569,423.26, The motion carried by the following vote:
AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
ABSTAINED: 1 COUNCILMEMBERS: Coronado
Councilman Coronado had some questions, but due to the lateness of the hour he
abstained.
Recreation & Park District Matters
CONSIDERATION OF REQUEST FOR PROPOSAL OF PROFESSIONAL DESIGN SERVICES FOR THE
PROPOSED MULTI-PHASE COMMUNITY PARK DEVELOPMENT: The Director of Recreation
and Parks presented the staff report dated September 16, 1988, which indicated
that a long range Master Plan should be developed and should include phase
development goals, facility site locations, facility and material standards
and estimated cost.
Councilman Davis felt that the request for proposals was premature and saw the
staff recommendation as being more important for the second and third phases
of the park improvements and poll the Fieldstone Company to see if they can
give us some ideas on the first phase that will save us consultant fees.
13
City Council Minutes September 26, 1988 25~
The Director of Recreation and Parks advised that a part of the plan was to
protect the City in this first phase of the basic development and to see that
it compliments the future plan, to set those standards and quality of the park
that Cypress Homes must meet and meet at the cost we project.
Councilman Kanel commented that the City would want its imprint on a park site
although there is nothing wrong with obtaining some of the information from
Fieldstone.
Councilman Davis stated that he is not opposed to the recommendation but
believes it to be premature and we have some time when it might be more
topical.
Mayor Arnold had no objection to a consultant but wondered about the sense of
urgency and suggested delaying the decision until some of these other major
items are dealt with, because we want to give sufficient thought to this
project.
It was moved by Councilman Davis and seconded by Councilman Kanel that the
City Council, and acting as ex officio Board of Directors of the Cypress
Recreation and Park District, approve the Request for Proposal to provide
professional design services for the development of a comprehensive Park
Master Plan of the proposed Community Park to be distributed after one month,
not proceed until another decision is made and contact Fieldstone for some
ideas on parks. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Coronado, Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Mullen
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 1:00 a.m.
aulk.~
ATTEST:
~f'~'i'H
14