Minutes 88-10-10
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349
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
October 10, 1988
The regular meeting of the Cypress City Council was called to order at 5:42
p.m. on Monday, October 10, 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 ManagerlCity Clerk Darrell Essex, City Attorney Jerry
Patterson and staff members Beardsley, Hurst and Thomas.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. None were
presented.
The City Manager, Mr. Essex, administered the loyalty oath to the newly
appointed Youth Commissioners and Mayor Arnold presented them with
certificates of appointment.
CONSIDERATION OF AWARD OF CONTRACT FOR ONE (1) 1989 FULL SIZE VAN. REQUEST FOR
QUOTATION NO, 8889-15: The staff report dated October 3, 1988 indicated that
bids were received for one new 1989 full size van on September 30, 1988.
It was moved by Councilman Davis and seconded by Councilman Kanel to accept
the bid received from DeAnza Chevrolet, 8200 Auto Drive, Riverside, CA 92504
as the lowest responsible bidder and award the contract for the purchase of
one (1) 1989 full sized van to this company in the amount of $13,320.28. 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
Councilman Kanel suggested that the Consent Calendar items be deferred to the
7:30 portion of the meeting when the full Council is present and hearing no
objection, the Mayor so ordered.
ORDINANCES (S~cond Readinq) & RESOLUTIONS:
Responding to Councilman Kanel, the City Manager advised that Councilman
Mullen had requested discussion on the Ordinance Adjusting Council
Compensation. Councilman Kanel suggested this item also be deferred to the
7:30 portion of the meeting.
It was moved by Counci Jman Kanel and seconded by Councilman Davis to adopt the
Resolution by title only, title as follows, approving Parcel Map No. 88-332.
RESOLUTION NO. 3453
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING PARCEL
MAP NO. 88-332 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 3 COI.JNCILMEMBERS: Davis, Kanel and Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COllNC I LJ1EMBERS: Coronado and Mullen
It was moved hy Councilman Kanel and seconded by Councilman Davis to adopt the
Resolution by title only, title as follows, approving Conditional Use Permit
No. 88-24.
RESOLUTION NO. 3454
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 88-24 - WITH CONDITIONS.
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City Council Minutes October 10, 1988
350
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 5:50 p,m. for
matters of personnel and litigation.
COUNCILMAN MULLEN ARRIVED AT 6:20 P.M.
COUNCILMAN CORONADO ARRIVED AT 6:46 P.M.
The regular meeting reconvened at 7:40 p.m. with all Councilmembers present
and staff members present were Beardsley, Hamlin, Hurst, Leonard, Lowenberg
and Thomas.
PLEDGE OF ALLEGIANCE: The pledge was led by Councilman Coronado.
The City Manager summarized the actions taken by the City Council during the
5:30 p.m. portion of the meeting.
The City Attorney summarized the matter discussed during Executive Session
with representatives from the City of Los Alamitos in which an agreement was
reached to follow a process that would allow that City to make supplemental
comments on the EIR.
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.
It was moved by Councilman Kanel and seconded by Councilman Mullen to approve
the Consent Calendar Items N2 through N17. The motion unanimously carried by
the followin9 roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel. Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Itcm #2: Motion to Approve City Council Minutes of the Regular Meeting of
September 26, 1988.
RecommendatioFl: That the City Council approve the Minutes of September 26,
1988 as submitted, with Councilman Mullen abstaining due to his absence at the
meeting.
Item N3: Motion to Introduce and/or Adopt All Ordinances Presented for
Consideration by Title Only and to Waive Further Reading.
Item #4: Consideration of Proclaiming October 1988, as "United Way Month."
Rec ommenda t i OJl: That the Mayor and City Council officially proclaim October
1988, as "United Way Month" in the City of Cypress.
Item #5: Consideration of Proclaiming October 1988, as "Domestic Violence
Awareness Month."
Recommendation: That the Mayor and City Council officially proclaim the month
of October 1988, as "Domestic Violence Awareness Month" in the City of Cypress
as requested.
Item #6: Consideration of an Application for Alcoholic Beverage License
Transfer riled by Kyung Moon & Kyung Ja Jee, D.B.A. Liquor Emporium, 9]75
Valley View Street. Cypress.
Recommendati<:>n: Receive and file.
Item #7: Consideration of Adoption of Resolution Commending Eagle Scout Tom
Richins.
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City Council Minutes October 10, 1~1
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Boy Scout Tom Richins on achieving the rank of
Eagle Scout.
RESOLUTION NO. 3455
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY
SCOUT D. THOMAS RICHINS ON ATTAINING THE RANK OF EAGLE SCOUT.
Item #8: Consideration of Employment List - Police Officer (Academy Trained).
Recommendation: That the City Council certify the Employment List for the
position of Police Officer (Academy Trained) ~s submitted.
Item #9: Consideration of Acceptance of Final Parcel Map #87-250, Hope
Street, South of Katella Avenue.
Recommendation: That the City Council approve Final Parcel map #87-250 and
authorize the City Clerk to sign the record map.
Item #10: Consideration of Appointment of Council Representative to the
Friends of Cypress Cultural Arts.
Recommendation: That the City Council confirm the appointment of Councilman
John Kanel to serve as the Council's representative on the Friends of Cypress
Cultural Arts' Board of Directors.
Item # 11 : Consideration of Adoption of Resolution Commending Mr. Felix
LeMarinel Upon his Retirement from the Board of Trustees of the North Orange
County Community College District.
Recommendation: That the City Council adopt the Resolution by title only,
title as follows, commending Mr. Felix LeMarinel upon his retirement from the
Board of Trustees of the North Orange County Community College District.
RESOLUTION NO. 3456
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR.
FELIX LEMARINEL UPON HIS RETIREMENT FROM THE BOARD OF TRUSTEES OF THE
NORTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT.
Item # 12 : Continuation of Consideration of Discussion Regarding the
Conditional Use Permit Issued to Promises for the Restaurant and Nightclub Use
at Ball Road and Juanita Street.
Recommendation: Receive and file.
Item #13: Consideration of recommendations of the Traffic Commission Meeting
of ~eptember 20, 1988.
Recommendation: That the City Council approve the recommendations of the
Traffic Commission as follows: 1) Adopt the Resolution by title only, title
as follows, ~~stablishiny 60' of "No Parking Any Time" on the east side of
Holder Street. south of Ferne Avenue; 2) Adopt the Resolution by title only,
title as follows, est.ablishing 100' of "No Parking Any Time" on the east side
of Moody Street. south of Myra Avenue; 3) Adopt the Resolution by title only,
title as follows. reducing the distance a person shall stop, park, or leave
standing any vehicle adjacent to a fire hydrant, at the following locations:
(a) Property Line between 5411 and 5431 Delong Street, reduced to a total
length of 20', (b) Property line between 5291 and 5301 DeLong Street, reduced
to a total length of 20', (c) Property line between 8622 and 8626 Watson
Street, reduced to a total length of 30', and (d) Southwest corner of DeLong
Street and Watson street. reduced to a total 1 ength of 5'.
RESOLUTION NO. 3457
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO
PARKING ANY TIME" lONES ON THE EAST SIDE OF HOLDER STREET, SOUTH OF
FERNE AVENUE AND ON THE EAST SIDE OF MOODY STREET, SOUTH OF MYRA AVENUE.
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352City Council Minutes October 10, 1988
RESOLUTION NO. 3458
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REDUCING THE
DISTANCE A PERSON SHALL STOP, PARK, OR LEAVE STANDING ANY VEHICLE
ADJACENT TO A FIRE HYDRANT AT VARIOUS LOCATIONS.
Item #14: Consideration of Status Report on the Orange County Hazardous Waste
Management Plan.
Recommendation: That the City Council receive and file the status report.
Item #15: Consideration of Summary Evaluation of the 1988 Cypress Community
Festival.
Recommendation: Receive and file.
Recreation & Park District Matters:
Item #16: Consideration of Proposed Fee Increases.
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve the
proposed fee increases as outlined in the report and as recommended by the
Recreation and Community Services Commission.
Item #17: Consideration of a New Activity Class for Winter 1989 Session,
"Basic American Sign Language."
Recommendation: That the City Council, acting as the ex officio governing
Board of Directors for the Cypress Recreation and Park District, approve the
proposed new class and fee as outlined in the report and as recommended by the
Recreation and Community Services Commission.
Regarding Ordinances (Second Reading) & Resolutions, Councilman Mullen
withdrew his request for further discussion of the Ordinance Adjusting Council
Compensation.
It was moved by Councilman Davis and seconded by Councilman Kanel to order the
following Ordinance read by title only, title as follows and to adopt the
Ordinance:
ORDINANCE NO. 808
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION
2-3.3 OF THE CODE OF THE CITY OF CYPRESS ADJUSTING COUNCIL COMPENSATION
AS AUTHORIZED BY STATE LAW.
The motion carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Davis, Kanel and Arnold
NOES: 1 COlJNC I Ll1EMBERS: Coronado
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Mullen
Councilman Mullen abstained because he was not present at the Council meeting
when the original discussion was held.
Councilman Kanel requested the City Attorney to review this Ordinance. The
City Attorney explained that this was the second reading of the Ordinance to
adjust the City Council's compensation as p ovided by State law, which sets
the salary at $400 per month and will increase to $420 per month effective the
first day of reorganization of the City Council following the election.
Councilman Kanel stated that when the new law came into effect, the salaries
were adjusted to $400 per month as required. The City Attorney determined
that the Council had been undercompensated; however, the Council did not want
any retroactive increase, so the increase commenced September 1.
The City Manager advised that those public hearing matters, Agenda Items #21
through 26 will be continued to a future time that will be announced as each
hearing is opened and all other items not addressed this evening, Deferred
Business and New Business, will be continued to October 11 at 7:00 p.m.
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City Council Minutes October 10, 1988 353
ORAL COMMUNICATIONS: For Matters Not on the 7:30 p.m. Agenda. None were
presented.
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. 88-18. WORD OF LIFE FELLOWSHIP CHURCH. 4021 ORANGE AVENUE: Mayor Arnold
opened the public hearing. The City Manager referred to the staff report
dated October 4, 1988, which indicated that the applicant requested that
Conditional Use Permit No. 88-18 be withdrawn.
It was moved by Councilman Kanel and seconded by Councilman Davis to close the
public hearing and accept the withdrawal of C,U.P. No. 88-18. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT
NO. 88-20. EDUCATIONAL INSTITUTION. 5303-5305 LINCOLN AVENUE: The hearing was
opened by Mayor Arnold. The City Manager referred to the staff reported dated
October 4, 1988 wherein the staff requested this application be continued to
the October 24, 1988 meeting.
It was moved by Councilman Kanel and seconded by Councilman Mullen to continue
this hearing to October 24. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A NON-EXCLUSIVE TAXICAB
FRANCHISE - AMERICAN TRANSPORTATION ENTERPRISES. INC. (AMTRANS): Mayor Arnold
declared the hearing open. The City Manager referred to the staff report
dated October 5, 1988, which indicated further investigation by the Pol ice
Department to clarify several missiny details in the application.
It was moved by Councilman Mullen and seconded by Councilman Davis to request
further investigation by the Police Department and continue this matter to the
meeting of November 14, 1988. The motion unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-23,
RESTAURANT WITH_ONSITE BEER AND WINE SALES. 10949 MERIDIAN PLAZA: 11ayor
Arnold opened the public hearing. The City Manager referred to the staff
report dated October 4, 1988, which requested that this appl ication be
continued.
It was moved by Councilman Davis and seconded by Councilman Kanel to continue
this matter to the City Council meeting of October 24, 1988. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNC ILMH1BERS: None
CONSIDERATION OF PUBLIC HEARING RE: PARCEL MAP NO. 88-365 AND CONDITIONAL USE
PERMIT NO. 88-22. 4-UNIT APARTMENT COMPLEX. 9521 HOLDER STREET: The hearing
was opened by Mayor Arnold. The City Manager presented the staff report dated
Octobpr 4. 1988 in which a continuance of this matter was requested.
It was moved by Councilman Kanel and seconded by Councilman Davis to continue
this application to the City Council meeting of October 24, 1988. The motion
unanimously carried by the following roll call vote:
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354ity Council Minutes October 10, 1988
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 88-21.
COMBINED USE COMMERCIAL BUILDING. 30-UNIT APARTMENT COMPLEX. INCLUDING 6
DENSITY BONUS UNITS. 6292 LINCOLN AVENUE: Mayor Arnold declared the public
hearing open. The City Manager presented the staff report which recommended
the continuance of this item.
It was moved by Councilman Mullen and seconded by Councilman Kanel to continue
this item to the meeting of October 24, 1988. The motion unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Due to the anticipated lengthy discussions on the Cypress Downs Supplemental
Draft Environment Impact Report, it was moved by Councilman Mullen and
seconded by Councilman Davis to continue all those Agenda Items under Deferred
Business and New Business to October 11 at 7:00 p.m. Councilman Kanel
suggested deferring the continuance of these items until it was determined how
long the Cypress Downs hearing would take. Councilman Davis withdrew his
second and Councilman Mullen withdrew his motion.
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 87-5.
REQUEST TO DESIGNATE CERTAIN PROPERTY AS PC-25 PLANNED COMMUNITY-BUSINESS
PARK. HOLLYWOOD PARK REALTY ENTERPRISES. INC.: Mayor Arnold opened the public
hearing. The City Attorney advised that Hollywood Park Realty Enterprises,
Inc. filed an application for a zone change and considerable discussion and
communication between the City and Hollywood Park's representatives occurred
relative to the evaluation. He further advised the applicant failed to
provide a supplemental EIR and declined to withdraw, modify or amend the
application which is automatically deemed approved if not acted upon by the
City Council within one year and if the City Council does not take action on
this application, the rezoning will be deemed approved as filed. The City
Attorney stated that a subsequent application for this property has been filed
by SDC Development Limited Partnership, with the consent of Hollywood Park
Realty Enterprises, Inc., which supersedes this application.
Mr. Don Robbins, representing Hollywood Park, stated that there is a
difference of opinion on what is needed to be done to process this request.
He requested the Council deal with it one way or another and would prefer that
the request be granted.
Mayor Arnold asked if anyone else wished to speak in support of the
application. No one did so.
Mayor Arnold asked if anyone wished to speak in opposition to the application.
Mrs. Barbara Howell, 4452 Patricia Drive, Cypress, stated she never received a
mailed notice on the original request for zoning change and requested
clarification from the City Attorney.
The City Attorney advised that the Planning Department did what the State law
required, which is to publish. The City Manager explained that the original
zoning was incorporated in one hearing, was a publication and posting. not a
specific mailing becau~e it impacted the entire community. Councilman Kanel "",'.'",,,--(0
explained there was a petition circulated, and for the record and for possible
litigation purposes, Hollywood Park wanted it to go on record that they were
submitting an application to amend the zoning ordinance and it has been held
in abeyance.
No else wished to speak in support or of opposition to the application.
It was moved by Councilman Mullen and seconded by Councilman Kanel to close
the public hearing and deny the amendment to Zoning Ordinance No. 87-5, The
motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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City Council Minutes October 10',~:1988 355
CONSIDERATION OF PUBLIC HEARING RE: CYPRESS DOWNS SUPPLEMENTAL DRAFT
ENVIRONMENTAL IMPACT REPORT: GENERAL PLAN AMENDMENT NO. 88-5: ZONE CHANGE NO.
88-7: CYPRESS DOWNS SPECIFIC PLAN NO. 88-4: AND CYPRESS DOWNS DEVELOPMENT
AGREEMENT NO. 88-1 - SDC DEVELOPMENT LIMITED PARTNERSHIP - PROPERTY
SURROUNDING THE LOS ALAMITOS RACE COURSE: Mayor Arnold opened the public
meeting. The City Attorney clarified that there are two separate actions:
the first action deals with the Environmental Impact Report (EIR) and it is
not a public hearing; however, the public will be invited to speak for the
purpose of the City's response to the public comments that were received
during the public review. He further commented the second process is the
public hearing on the project's approvals and the public is invited to declare
whether they support or oppose the SDC development.
The City Manager explained the procedural aspects and reported that after the
staff and consultants review of all the comments, there will be a recess at
which time staff will distribute cards so citizens can indicate their desire
to speak to the Councilor make their comments on the card.
Mr. James Sutherland, attorney for the Concerned Citizens of Cypress, 9802
Bloomfield Street, Cypress, stated it was their position that it was not in
order at this time to proceed with a hearing or any discussion on any matters
to which the EIR relates or is required. He stated three grounds: the
comment period has not closed on the EIR because promised public meetings at
which oral comments to be made were never noticed and never held; second, the
supplemental EIR does not address the development agreement; and third, the
noticing. He also remarked that the development agreement was not available
for public inspection; therefore, it is on that ground alone improper to
proceed on the development agreement and objected to any proceeding on the
draft supplemental EIR.
The City Attorney advised that there is draft development agreement, which has
been available since August 3 or 4. He further advised a development
agreement is not necessarily required and the developer may have the choice to
proceed with the development agreement or not. The City Attorney stated
contents of the development agreement dealt with $6 mill ion worth of
improvements to the Los Alamitos Race Track that the City is requiring and
also had to do with joint use of the church and school sites. He further
stated the public hearing will be held on that and there will probably be
revisions to that agreemerlt before the process is through and there is no
reason to hold up the EIR review process. He responded to Mr. Sutherland's
comments on publ ic noticing advising the main thing is to make sure that the
studies have been done, the public has had an opportunity to look at the
documents, there is a public comment period and tonight is the opportunity for
the City consultant's to respond to those public comments.
Councilman Kanel suggested that Messrs. Patterson's and Sutherland's remarks
be for the record and he stated a development agreement is a document that is
beneficial for the developer and the City because it is a contractual
agreement and is recognized in the courts. He stated another Council could
not change things in the future after the agreement has been signed and he
would rather have a development agreement on this particular item. He asked
Mr. Sutherland jf his group would be participating in the remainder of the
hearing. Mr. Sutherland stated they will make their position known to the
City Council and still maintained that the noticing is defective. Councilman
Kanel advised that the staff desired to have the community meeting much
earlier, the developer kept changing dales and the community meeting was
finally held September 21. He stated, for the record, he believed that Mr.
Sutherland had some points that were correct arid the staff also was doing a
lot of work and research and lhe delay wasn't completely their fault.
The Senior Planner presented the staff report dated October 5, 1988,
summarizing the important points regarding the Supplemental Erlvironmenlal
Impact Report (SEIR). which was prepared prior to the consideration of the
revised Specific Plan. The City retained the services of a planning
consulting firm, Robert Bein,~il1iam Fro":,t and Associates (RBF) to prepare
both the new proposed Cypress "Downs Specific Plan and the related Supplemental
Draft Environmental Impact Report (EIR). The draft Specific Plan described
the development project as proposed by SDC Development; the supplemental draft
EIR described the potential environmental impacts of the proposed project and
included mitigation measures to reduce those impacts and included a Statement
of Overriding Considerations for those impacts which cannot be fully
mitigated. Staff believed adequate mitigation is provided for all potential
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356city Council Minutes October 10, 1988
mit~gated. St~ff believed adequate mitigation is provided for all potential
envlronmental lmpacts from the proposed Cypress Downs project. The Senior
Planner then introduced Barbara Eljenholm, from Robert Bein, William Frost
(RBF), and traffic consultant Herman Basmaciyan, of Basmaciyan Darnell Inc.
(BDI), who will highlight the comments received and discuss their resp~nses.
Ms. Eljenholm described the purpose of the Supplemental EIR and its use. She
addressed the comments made by citizens and agencies during the 45 day review
period, which have been categorized into major areas and reviewed those areas,
which were traffic and circulation. Ms, Eljenholm advised that additional
issues were noise, alternative air quality, land use compatibility and fiscal
impacts. She advised that the traffic engineer had looked at the comments and
responded to them. There were approximately 33 comments received in support,
64 comments were in opposition to or had questions and environmental concerns
for a total of 97 comments, She then overviewed the comments from the City of
Los Alamitos which raised the issue of traffic and unavoidable adverse
impacts, and RBF has recommended a revision to the EIR, which included the
additional areas of controversy that have arisen as part of the draft EIR
process and will be incorporated into the final EJR. Ms. Eljenholm then
mentioned other consultants were available to answ~r questions on the proposed
project from the audience.
The Senior Planner stated that staff and the consultants have worked
diligently and closely to thoroughly review all of the comments and have made
several changes to the EIR which have addressed the comments received from the
citizens. She emphasized that staff recommends that if the Council chooses
to certify the EIR as final, all mitigation measures be mandatory and that all
of the conditions of approval included in Exhibit "A" be a part of the
cert if i cat i on and recommended that the Counc 11 cert ify the EI R.
The City Manager suggested a recess so staff could distribute comment cards to
the audience.
After further discussion, Mayor Arnold asked the members of the audience to "".
complete comment cards and when the meeting reconvened, people will be called
in groups of five until everyone has had an opportunity to speak.
RECESS: Mayor Arnold recessed the meeting at 9:24 p.m. and reconvened at 9:45
p.m.
Mayor Arnold advised that Council and staff would gather facts and
information, endeavor to answer all questions and called upon the first five
speakers.
Councilman Kanel asked that everyone who speaks to inform the Council jf they
have any direct or indirect interest or connection to the proposed project.
Ms. Beth Davis, 11021 Winners Circle, Suite 101, Los Alamitos, questioned the
traffic report and would like an itemized response on which alternative uses
were considered.
.
Ms. Eljenholm responded that the no project, no development, alternative site,
residential only, mixed use business park and retail/commercial were the
alternative usps reviewed.
Ms. Marilyn Poet 4761 Green Avenue, Los Alamitos, commented about the facts
stated in the report in response to questions about the intersection at
Enterprise, height of the buildings along Kdtella, noise, dirt and felt that
many of their concerns had not been addressed.
Mr. Jim Ferguson, 4611 Cathy Avenue, Cypress, thanked the staff and
consultants 10r all their work and study on the EIR. He suggested that
synchronizing t.he traffic lights woul~ be ver~elPful and would solve ~any of
the traffic problems. He expressed hlS suppor of the plan and would like to
see it developed.
Mr. Bill Mathews, 4223 Paseo de Plata, Cypress, commented that SDC is
presenting a plan to benefit Cypress, with the additional athletic facilities
at no added expense to the City. He also stated that the benefits to the City
and citizens in revenue would greatly enhance pUblIC services to all and
expressed his support 01 the program.
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City Council Minutes October 10, 1~8il~
Mr. Paul Hertz. 4284 Paseo de Oro, Cypress, questioned the hydrology, the
response on drainage and asked what the level of protection proposed for this
development was compared to the ~orrento Homes development.
The Public Works Director advised that the Sorrento project is residential and
this proposed development is industrial and meets the criteria established by
the Orange County Hydrology section where the ten year criteria protection
level for street flooding is standard for this type of development.
Mr. Hertz asked that the study on soil related hazards and high liquifaction
be completed before the EIR is certified or at least have a system where the
mitigations are known. He also expressed concern for the churches and school
regarding the odors emanating from the race track, insects, rodents and
loudspeaker noise and expressed dissatisfaction with the responses to his
questions.
The Public Works Director responded that conditions will be imposed on the
developer addressing liquifaction and ground water which are development site
specifics.
The Senior Planner advised that the mitigation measures for the project are
adequate in terms of the scope of land use designation and the purpose is to
examine the overall impacts of general land uses.
Ms. Mary Jane Wozniak, 4480 Avenida Granada, Cypress, expressed her opposition
I to gridlock, congestion and a development of this size will impact the City
I
i and its surrounding neighborhoods. She also asked who would provide the
I liability insurance on the athletic facilities. She cannot support the
I project because there are business properties vacant now and Cypress doesn't
I need more.
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I
I Mr. Joseph Luz, Jr., 12651 Silver Fox Road, Los Alamitos, is interested in the
I
I development of the area because it will have a tremendous effect on property
values and housing demand. He commented that this was a quality development,
I will enhance the area and will bring a good tax base to the City.
Ms. Margaret Stone, 4523 Patricia Circle, Cypress, mentioned a park and
recreational area would be nice, but expensive to maintain. She said that
according to the EIR, it would not be a viable alternative; therefore, she
l expressed support for the SDC Plan and asked this be placed before the voters
I in a special election.
i
Mr. Don Galloway, 5851 Lemon Avenue, Cypress, complimented the staff on the
outstanding job on the EIR and the quality of the consultants chosen to work
on this project. He stated that the employment opportunities that this
i project will generate be considered. He recommended that action be taken to
approve the project and he is prepared to vote in favor of it at the election.
I
I Mr. Tim Flaming, 5393 Vista Hermosa, Cypress, a member of Grace Church, stated
they would like to be a part of this project. He expressed pleasure that
Cypress was contacting the Los Alamitos city officials so the two cities can
work together and jointly mitigate the problems that will inevitably arise as
i the property is developed. He also spoke of the trees, mainly on the golf
course. which could be removed and replaced to provide a nice distribution of
landscaping in the proposed project. He urged the Council to move forward and
, certify the project.
I
I
i Ms, Beth Piburn, 5091 Kearsarge, Los Alamitos, expressed her concern about
I traffic and the safety of the children as there are three schools in the
, vicinity of the proposed development.
!
Mr. Basmaciyan, traffic consultant, responded that all the school locations
are on arterial streets and carry high traffic volumes now and the additional
development would bring in additional traffic; however, the intersections are
I controlled by traffic signals and normal safety procedures would be followed
I with or without the development.
I Ms. Piburn felt that the increased traffic on Katel1a and Cerritos is going to
i severely impact two schools and requested Council's consideration on behalf of
the children of both communities.
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358CltY Council Minutes October 10, 1988
Mayor Arnold reminded the audience that they are speaking to the Council and
the Council and staff will respond to questions whenever possible.
Ms. Gail Kerry, 5196 Edgemont Circle, Cypress, expressed her support of
churches and schools being built on a portion of the property. She stated the
real issue is traffic and the EIR speaks of an additional 43,000 to 50,000 car
trips per day over the existing business park. She further stated the first
concern should be to resolve any issues with the City of Los Alamitos and this
development will impact that community as much as Cypress. Ms. Kerry advised
traffic is the major issue and pr"ovided alternatives for this site which would
not create the amount of traffic nor the building height the developer is
proposing. She concluded that she felt the EIR was totally unacceptable and
should not be approved until all traffic issues have been adequately resolved
with the City of Los Alamitos to prevent unnecessary litigation. She further
stated alternatives should have been included in the EIR and reasonable time
limits should have been determined.
Mayor Arnold advised that the purpose of the EIR is to determine whether all
areas of the plan were considered and their particular impact on the area to
be developed.
Mr. Wayne Reynolds, 10202 Tanforan Drive, Cypress, believed that the meeting
should end, it is an election year and there would be new Councilmembers soon.
Ms. Barbara Howell, 4452 Patricia Drive, Cypress, remarked that she is not a
member of any organization associated with the property and considered the
major problem the increased traffic, She expressed concern about the safety
of the school children from the schools on Denni and the future church school
with regard to the increased traffic, the compatibility of the church and
sc hoo I in its proximity to the race track and the possible vacancy rate in the
development.
Ms. Kathy Mathews, 4223 Paseo de Plata, Cypress, expressed wholehearted
support of the project, the increased revenues which might possibly offset the
deficit experienced by the Cypress School District. She stated the Cypress
Downs project is needed to provide revenue the City needs, the open green
space and urged the Council to approve the project.
Mr. Phil Martin, 6849 Tahiti Drive, Cypress, informed Council that he had a
vested interest in the project as he is the Pastor of the Baptist Church,
which will be purchasing the land from SDC, listed the many advantages his
church had to offer to the community and he requested the Council approve the
project .
Ms. Karen Farren, 5081 Tripoli Avenue. Los Alamitos, conveyed her concern
about the traffic problem, asked for a compromise measure for the churches and
schools and requested the Council not approve the remainder of the
development. She also asked for an explanation of TSM, which was provided by
the traffic consultant.
Mr. Tom Kirkwold, 11398 Nayshon Court, Cypress, spoke of his interest in the
Cypress Downs project for the increased revenues for schools, parks, improved
property values and urged Council's support of the development.
Mr. Roger Geyer, 4433 Via Majorca, Cypress, addressed the traffic issue and
the table 5 on page 51 of the report, which did not include all of the
mitigation measures that were being considered and he specifically requested
that table be included in the EIR. He directed attention to a section
entitled "Summary of Future with Project Capacity Utilization" and the table,
indicating the levels of services of the intersections around the project and
does not agree with the findings of the traffic study. He stated there has to
be an alternative to this plan and the Concerned Citizens provided some
suggested conditions to be considered subject to a complete and adequate draft
EIR and traffic study.
The Publ ic Works Director addressed the viability of TSH programs, two of
which are operating in Orange County effectively and studies indicate the
levels projected in the TSM report are realistic and attainable. Hr.
Basmaciyan stated that TSH programs will become increasingly important for air
quality reasons as well.
Councilman Kanel questioned the traffic conditions at levels E and F.
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City Council Minutes October 10, ~~!)
The Public Works Director responded that these levels were not desirable since
the design criteria is Level D, which is just below full operating capacity.
Mr. Jack Swank, a member of the Concerned Citizens, requested Mr. Sutherland,
attorney for the Concerned Citizens, be allowed to speak at this time.
Mr. James E. Sutherland, restated the position of the Concerned Citizens that
the EIR cannot be certified until the comment period closes, which has just
been extended to November 1, and felt that they were entitled to comment to
the responses to those comments. He advised that the responses to the EIR
stated that there are no significant environmental impacts raised by the
comments to the EIR and there are no significant deficiencies in the EIR
itself. In rebuttal to that response, he incorporated, by reference, every
word of the 60 page document filed by Los Alamitos. He stated there must be
some consideration of an alternative plan with l~ss density, less traffic,
less intense use and the EIR is required to consider all reasonable
alternatives regardless of profit or cost. Mr. Sutherland further stated this
EIR is flat opinion, would not be admissible and snould be flatly rejected.
He directed the Council's attention to and commented on several sections of
the EIR.
Ms. Susan Bram, 4524 Larwin Avenue, Cypress, asked several questions of staff
and the consultants on building height, trees, traffic mitigation solutions
for clarification purposes. She also asked who would pay for the traffic
solutions without Cypress Downs.
Mayor Arnold explained that the South Coast Air Quality Management District's
(SCAQMD) requirement that employers must manage their traffic flow by
prescribed methods with a plan presented to the SCAQMD by a specific date and
the cost is borne by the various companies that have an impact on traffic.
The Public Works Director stated they require developers to construct the
physical improvements necessary to the roadway system and assess a fee in the
business park for improvements.
Ms. Bram encouraged the Council to continue its quest to certify the EIR and
felt it was being handled in a well-mannered and focused direction.
Ms. Beverly Kingsbury, 4117 Avenida Sevilla, Cypress, spoke in favor of the
Cypress Downs project and was pleased that the project would bring additional
revenues into the City. She believed that the SDC plan was good, provided
landscaping to enhance the area and asked that the EIR be put to a vote of the
people.
Ms. Carol Owens, 4322 Jade Avenue, Cypress, expressed her support of the
program and she is a member of the Grace Church. She encouraged the Council
to approve the plan and allow it to be voted upon.
Mr. Tom Owens, 4322 Jade Avenue, Cypress, remarked that there would be more
revenue for the City. green spaces and pretty buildings. He supported the
project and felt it would be good for Cypress.
Ms. Zita Gastwirth, 4782 Larwin Avenue, Cypress. commended the Council on
their patience. She stated her main concern was the children and the churches
have offered to open recreational areas and urged the Council to accept the
fIR and believed the development very well planned.
Ms. Joyce Nicholson, 6045 Jeffrey Mark Street, Cypress, deferred to the
comments made by James Sutherland for the Concerned Citizens and thanked the
Council.
Mr. Bob Bess, 9682 Salisbury Lane. Cypress, asked if this EIR considered this
commercial/industrial development, the EIR of the Sorrento Homes and the
continued development of the industrial park.
Mayor Arnold responded that this EIR is designed to determine the impacts in
this region on many different aspects, including traffic, noise, and air
qual ity. The City Attorney explained that the EIR considers the cumulative
facts.
Mr. Bess commented that the Council needs to do what is best for the total
population of Cypress, believed it meant reconsideration and advised that we
not be stampeded into an all or nothing at all situation.
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360 City Counc 11 H h1utes October 10, 1988
Mr. Bob Rizzie, 6268 Dalca Court, Cypress, remarked that there are a lot of
issues and did not believe the entire project need be accepted. He accepted
the churches and school portion of the plan and open space. He mentioned
several concerns that he didn't believe were addressed in the study. He
suggested looking at the total picture and accept a package that will reduce
the traffic mentioned by other citizens.
Mr. Basmaciyan stated that the amount of traffic reduction will depend upon
the type of land use and that TSM measures could be developed reducing traffic
at the peak hours by 30 to 40%.
Responding to Mr. Rizzie, Mayor Arnold answered that the law is requiring very
stringent plans to reduce traffic through the AQMD, which is already in effect
and anyone building in Cypress would be a part of that program.
Councilman Kanel explained that the AQMD has adopted some rules and
regulations that if an employer has 100 employees or more, those companies
have to find ways to reduce the number of vehicles. coming into their facility.
He advised the City doesn't know what this development will entail, but the
smaller companies would not be mandated to reduce the number of vehicles into
their operation.
Mr. Rizzie would like to see all the questions addressed before the EIR is
approved, there are many unanswered questions and he doesn't believe the
project is acceptable.
Mayor Arnold explained that any company that has over 100 employees are
cooperating with this program, it is involved and we are working with the big
corporations to implement the program.
Mr. Rizzie asked the Council to reject the project as currently presented.
Mr. Bob Kingsbury, 4117 Avenida Sevilla, Cypress, Business Administrator of
Grace Church, explained how he had made his own traffic study during the past
weeks and would provide copies to the staff and Council of the video tape. He
believed the entire issue revolves around giving the people a chance to vote
and encouraged the present Council to make a decision on the proposed project.
He expressed apprehension with the traffic study and felt it did not provide
sufficient answers.
Councilman Kanel expressed an interest in viewing Mr. Kingsbury's video tape.
Mr. Doug Shell, 6406 San Andres Avenue, Cypress, expressed his concern about
the traffic, it is acceptable at this point; however, each month it becomes
worse. He feels that if this proposed development is approved, there will be
an unacceptable level of traffic congestion. He commented that eight story
buildings are not needed, the plan may be acceptable to a majority of people
if the proposed building heights were reduced and was in favor of the
churches and schools.
Mayor Arnold explained that the next step in the process will be Council
discussion, with all comments taken into consideration, a decision on November
1 and the Specific Plan will be discussed, if the EIR is approved, on November
2.
Responding to suggestions from the City Attorney, it was moved by Councilman
Mullen and seconded by Councilman Davis to continue the public meeting on the
Environment Impact Report review to November 1, 1988 at 7:00 p.m. in the
Council Chambers. The motion unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COLlNCILMEMBERS: None
It was moved by Councilman Mullen and seconded by Councilman Davis to open the
public hearing on General Plan Amendment No. 88-5; Zone Change No. 88-7;
Cypress Downs Specific Plan No. 88-4; and Cypress Downs Development Agreement
No. 88-1 - SOC Development Limited Partnership - Property surrounding the Los
Alamitos Race Course and, due to the lateness of the hour, continue this
hearing to November 2, 1988 at 7:00 p.m. in the Council Chambers.
J.2
City Council Minutes October 10, 19&j61
AYES: 5 COUNCILMEMBERS: Coronado, Davis, Kanel, Mullen & Arnold
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Due to the lateness of the hour, it was moved by Councilman Davis and seconded
by Councilman K~nel to continue the following Agenda items to Tuesday, October
11, 1988 at 7:00 p.m. in the City Council Chambers. The motion unanimously
carried.
Continuation of Consideration of Appointments to the Cypress Recreation
& Community Services Commission.
Continuation of Consideration of Appointments to the Cypress Cultural
Arts Commission.
Continuation of Consideration of Appointment to the Cypress Cable
Television Commission
Continuation of Consideration of Scheduling an Interview Session for
Appointment to the Cypress Traffic Commission.
Continuation of Consideration of Communications From the Cypress School
District's Board of Trustees Regarding the Cypress School Property and
the School Facilities/Tank Farm Development.
Continuation of Consideration of Method of Filling Vacancies on City
Commissions.
Continuation of Consideration of Density Bonus Making Provisions for
Affordable Housing as Allowed by City of Cypress' Zoning Ordinance
Section 9.2 and State of California Requirements.
Consideration of Report on City Maintenance Yard Activities Adjacent to
Residential Areas.
Consideration of Traffic Issues on Holder Street Between Orange Avenue
and Ball Road
Consideration of Communication From Mr. C. F. Irving, Jr., President of
the Bowers Owners Association.
Consideration of Status Report on City Yard Fuel Facility Soil
Reclamation, File No. 8426.
Consideration of an Additional Appropriation to Refurbish a Police Unit
for the D.A.R.E. Program.
Consideration of Approval of Commercial Warrant List for Warrants No.
28746 - 28989.
ADJOURNMENT: The Mayor adjourned the meeting at 12:10 a.m. to October 11,
1988 at 7:00 p.m. in the City Council Chambers.
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ATTEST:
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